1. EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

    In a recent, game changing decision, European Union’s highest court (EU High Court) has ruled that Christian Louboutin’s famous red sole shoes are eligible for protection as a trademark. This article discussed the significance of the decision and the opportunity it provides U.S. fashion designers to promote and protect their color brands in the European Union. This has been a fashionable topic…Read More

  2. Ransomware Attack Targets Patient Data at LabCorp

    LabCorp is a North Carolina-based laboratory testing facility managing over 2.5 million lab tests per week at over 1,900 patient centers throughout the United States. LabCorp is also a recent victim of a major ransomware attack. In a ransomware attack, the assailant uses a program to encrypt a computer and all of its files and demands payment to unlock the information. Such was the case for LabCor…Read More

  3. Trade Secrets: The Growing Battlefront

    Earlier this year, the most publicized trade secret case of our lifetimes played out in court between two giants, Waymo LLC (actually a subsidiary of Google’s parent company, Alphabet Inc.) and Uber Technologies, Inc. Both companies were developing self-driving car technology, a game-changer in transportation that may forever transform how we get from one place to another. It ultimately settled …Read More

  4. GrayKey and Privacy

    One of the newer third-party devices for iPhones may be on its way to a quick irrelevancy. Local law enforcement and other agencies across the country have been inquiring into potentially using a device called GrayKey. GrayKey is a small, cheap device that promises to completely unlock up-to-date iPhones. The latest reports reveal the technology is being inquired into or procured in Florida, Georg…Read More

  5. Anti-SLAPP: When State and Federal Rules Collide

    The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the motion under different standards depending on …Read More

  6. When Court Powers Supersede the Will of the Parties

    On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on appeal was shot three times by defendant Officer Silvio Macias following a traffic stop, …Read More

  7. Subsidized Free Speech

    A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to free speech. The plaintiffs contend t…Read More

  8. Bird Law and the Fourth Amendment

    Fictional character Charlie Kelly once said “bird law in this country – it’s not governed by reason.” In an opinion filed May 1, 2018, the Ninth Circuit disagrees, holding that the Fourth Amendment may protect an individual from having his apparently healthy birds seized by the city without a warrant. In Martino Recchia v City of Los Angeles Department of Animal Services, a homeless indivi…Read More

  9. Retention of Clients After Law Firm Breakup

    When a couple breaks up, they face the daunting task of dividing up their mutual assets. When a law firm breaks up, the division of tangible assets is relatively more straightforward, but who gets the profits from matters still pending? The Supreme Court of California weighed in on that question in a March 3, 2018 opinion in Heller Ehrman LLP v. Davis Wright Tremaine LLP, holding that under Califo…Read More

  10. Are Colleges Obligated to Protect Their Students from Harm?

    Does a college or university owe a special duty of care to protect its students from each other? It’s possible that they do, according to a recent opinion coming from the Supreme Court of California in Regents of the University of California v. Superior Court of Los Angeles County (Katherine Rosen). In its opinion, the Court recounts a harrowing tale of an individual, evidently plagued by mental…Read More