California Legal Articles

Law related articles writen by lawyers
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New Path for Accelerated Damages Discovery Requires Immediate Expert Assistance

  April 17, 2014     By Fulcrum Inquiry
The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s production of potentially infringing sales data and plaintiff’s good faith estimate of damages.

Chinese Legislature Passes Trademark Law Amendments

  April 17, 2014     By Sheldon Mak & Anderson PC
The Chinese legislature recently passed comprehensive reforms to the country’s trademark laws. The changes should make it easier for U.S. businesses to protect their brands.

Harvard Professor Fires Back Against Copyright Infringement Claims

  April 15, 2014     By Sheldon Mak & Anderson PC
Harvard University Law Professor Lawrence Lessig is fighting back against allegations that his online lecture posted on YouTube violates the copyright to a French pop song. Fittingly, Lessig is a respected expert on law and technology as well as an advocate for less restrictive copyright laws.

Whistleblowers Helping the Public By Exposing Fraud

  April 14, 2014     By The Evans Law Firm
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.

How Arbitrary and Nasty the Power of Eminent Domain Can Be

  April 11, 2014     By Kassouni Law
Seizure of the Barries' Colorado dream cabin shows how arbitrary and nasty the power of eminent domain can be.

Choosing a Personal Injury Lawyer - Be Careful!

  April 11, 2014     By McGee, Lerer & Associates
If you have been injured in an accident and need an accident attorney, you will have no trouble finding one. Personal injury lawyers are a dime a dozen. The difficulty will be in finding a good one. The more seriously injured you were, the more is at stake. It’s important to do your homework when choosing which attorney to hire.

Copyright FAQ: What is Considered Fair Use?

  April 10, 2014     By Sheldon Mak & Anderson PC
When deciding whether you can use someone else’s work without permission, there are a number of factors that must be taken into consideration. One of the most important limitations to copyright protection is the doctrine of fair use.

I Was Arrested for a Misdemeanor, But the Officer Never Saw Anything - Is this Illegal?

  April 9, 2014     By Greg Hill & Associates
An arrest for a misdemeanor must be based on the officer usually watching the crime take place. However, there are examples of exceptions.

Are You Getting Shortchanged on Patent Royalties?

  April 8, 2014     By Sheldon Mak & Anderson PC
Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.

GAO Reports Sheds Light on Impact of NPEs

  April 3, 2014     By Sheldon Mak & Anderson PC
The U.S. Government Accountability Office recently released a report on the impact of non-practicing entities (NPEs). The findings debunk many of the criticisms waged against so-called “patent trolls.”

Does Defendant Have to Be Present in Court if There Is Trial?

  April 2, 2014     By Greg Hill & Associates
Where the client’s identity is not an issue or the client agrees to stipulate to his identity as the suspect, waiving the client’s appearance at trial may be viable. This may be true because the case is an extremely minor misdemeanor and thus the punishment is relatively minimal. This may also be smart when the client does not make a good appearance.

Corporate Structure for a New Business

  April 2, 2014     By Matt Dickstein, Business Attorney
How to structure a new business venture focusing on small businesses that have only a few shareholders or partners. Four important issues for the structure of the business are share ownership, compensation, control rights, and lastly the shareholders’ exit from the business.

The California Revised Uniform Limited Liability Company Act and What It May Mean for You

  April 2, 2014     By Watkins Firm, A Professional Corporation
The California Revised Uniform Limited Liability Company Act (“Revised LLC Act”) to be enacted on January 1, 2014 may dramatically affect companies with no operating agreements, or operating agreements that do not address the new default provisions under the Revised LLC Act.

Murrieta Bankruptcy Law: The Chapter 7 Bankruptcy Timeline

  March 31, 2014     By Law Offices of Kevin Cortright
Bankruptcy is when you lawfully proclaim that you can no longer repay your debts. Individuals have the option of either proclaiming chapter 7 or chapter 13 bankruptcies, depending on the intensities of their debts and the incomes being made.

Weigh the Benefits and Drawbacks Prior to Proclaiming Bankruptcy

  March 31, 2014     By Law Offices of Kevin Cortright
Bankruptcy takes place when a procedure is started where a debtor obtains court bought relief from needing to settle his/her debts.

The Coastal Commission’s support for AB 976 Shows Due Process Apathy

  March 28, 2014     By Kassouni Law
Every monthly meeting the California Coastal Commission releases a list of bills in the current legislative session that it is supporting. It can be a time consuming effort to review all these bills, but sometimes you find a gem that sheds light on the nature of the Commission’s long-term goals, and the read becomes worth it. Last week, the Commission’s monthly report was well worth the read.

Presidential Hopefuls Taking Heat for Possible Copyright Infringement

  March 27, 2014     By Sheldon Mak & Anderson PC
Every election season, at least one of the candidates seems to end up in legal hot water over music used by the campaign. in 2012, it was Newt Gingrich. He is facing a copyright infringement lawsuit for his use of the Rocky III theme song, "Eye of the Tiger."

Is Double Jeopardy Violated If a Court Increases a Sentence More Than Once, Resulting in a 495 Year Sentence?

  March 26, 2014     By Greg Hill & Associates
Under the Habitual Sexual Offender Law (Penal Code § 667.61, 667.71 and 667.6 (d)), the minimum sentence for someone convicted of certain sex offenses under certain circumstances is 25 years to life. Under Penal Code § 1170.1, the court may only increase a sentence once due to a prior serious felony conviction. Under the Three Strikes Law (Penal Code § § 667 (e) and 1170.12), however, multiple sentence increases are allowed.

Green Technology Pilot Program Marks 500th Patent

  March 25, 2014     By Sheldon Mak & Anderson PC
The United States Patent and Trademark Office (USPTO) recently announced that it has issued the 500th patent through its Green Technology Pilot Program. Under the patent program, applications involving reduced greenhouse gas emissions, energy conservation, and environmental quality are eligible for accelerated review at no cost to the inventor.

There Are Bankruptcy Laws That Can Shield United States Citizens

  March 20, 2014     By Law Offices of Kevin Cortright
Some times individuals get to a point where they have taken on too much credit and become overpowered by the weight of too much debt, simply keep in mind though that there are Murrieta Bankruptcy Attorney laws that can protect us. There are some creditors that will think absolutely nothing of bullying and harassing individuals who do not pay on time, this isn't really such a bad thing when there are people that are simply plain reckless.

A Call for Big Patent Changes

  March 18, 2014     By Sheldon Mak & Anderson PC
Federal Judge Richard Posner recently dismissed the high-profile intellectual property litigation between Apple and Motorola, after determining that neither side could prove damages.

Personal Bankruptcy And Harassing Creditors

  March 17, 2014     By Law Offices of Kevin Cortright
Just about everyone who gets a little behind on their bills will get a friendly reminder call from a creditor. But once in awhile, those calls turn out to be not so friendly. While there are certain laws to protect the consumer from harassing calls at home and at work, not every debt collector plays by the rules.

Considerations to Filing Bankruptcy

  March 17, 2014     By Law Offices of Kevin Cortright
Filing bankruptcy ought to just be thought about after the other options have been tired. Bear in mind the fact that a number of services for debt consolidation are in fact illegal and will cause you more issues. Keep the suggestions from this post in mind in order to make ideal financial decisions and keep away from debt.

Whistleblower Reward Is $63.9 Million In JP Morgan Mortgage Fraud Case

  March 17, 2014     By The Evans Law Firm
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.

Are Neutral Experts the Key to Complicated IP Litigation?

  March 13, 2014     By Sheldon Mak & Anderson PC
Judge Richard Posner is taking a novel approach to the upcoming patent litigation between Apple and Motorola. He is using court-appointed witnesses to explain complicated subject matter.

Who Supervises the Property Management Company on a Triple Net Lease?

  March 11, 2014     By Segal Commercial
Real Estate Litigation lawyers should be aware of their client’s Property Management Company and what their responsibilities are in a Triple Net Lease and hold them accountable.

What Does Neil Young Have Against MP3s? Rock Legend Seeks Trademark for New Audio Format

  March 11, 2014     By Sheldon Mak & Anderson PC
Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

Federal Whistleblower Complaints Can Be Filed Online

  March 10, 2014     By The Evans Law Firm
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.

USPTO Issues Guidance to Patent Examiner in Wake of Prometheus Decision

  March 6, 2014     By Sheldon Mak & Anderson PC
The U.S. Patent and Trademark Office issued a memorandum to its patent examiners regarding the Supreme Court’s recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The memorandum provides preliminary guidance to the Patent Examining Corps. in light of the Court’s decision, and also indicates that further guidance will be forthcoming.

The California Coastal Commission Reviews Fracking Along the California Coast

  March 4, 2014     By Kassouni Law
Whether the California Coastal Commission Eventually Regulates Fracking On the Outer Continental Shelf Will Have More to Do with Federalism than Science

Has Louis Vuitton Gone Too Far to Protect Its Trademark?

  March 4, 2014     By Sheldon Mak & Anderson PC
The intellectual property world is buzzing about the trademark dispute brewing between luxury brand Louis Vuitton and University of Pennsylvania Law School. Louis Vuitton recently sent a strongly worded cease and desist letter demanding that the school remove posters advertising the Pennsylvania Intellectual Property Group’s (PIRG) annual symposium on fashion law because the posters "misappropriated and modified" Vuitton's trademarked monogram design.

Vesting of Contingent Compensation in Pay or Played Television Director Agreement

  February 27, 2014     By IP Law Click, PC
One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.

U.S. Gymnasts Are Not the First “Fab Five”

  February 25, 2014     By Sheldon Mak & Anderson PC
If the U.S. women’s Olympic team wants to capitalize on their gold medal win, they may need to hire an experienced trademark attorney. The group’s famous nickname—the Fab Five—is already trademarked by NBA player Jalen Rose.

Whistleblower False Claims Case Settles for $6.5 Million

  February 24, 2014     By The Evans Law Firm
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.

Elder Abuse Hurts Families

  February 24, 2014     By The Evans Law Firm
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.

China Leads the World in Patent Filing

  February 20, 2014     By Sheldon Mak & Anderson PC
China was the world’s top patent filer for 2011, according to a new Thompson Reuters report. The significant uptick is attributed to the country’s desire to transform from a "made in China" to a "designed in China" market.

Workers' Compensation Dependents

  February 19, 2014     By Law Offices of Kevin Cortright
Not everybody is entitled to survivor benefit. Individuals who might be thought about dependents for the purposes of workers' compensation death benefits are specified in Labor Code. It enumerates two classifications of people who might certify as dependents: (1) those who are good-faith members of the departed staff member's family or family, and (2) those with specified marital, blood or embraced relationships with the decedent.

Copyright FAQ: What Is a “Useful Article?”

  February 18, 2014     By Sheldon Mak & Anderson PC
In a recent copyright infringement case involving Batman’s famous ride, the Batmobile, a U.S. federal judge ruled that the famous car was protected under the Copyright Act because it possessed non-functional artistic elements that could be separated from the utilitarian aspect of the automobile.

Premises Liability Claims in California: What Do You Need to Do if You Are Injured in a Retail Store

  February 17, 2014     By Glotzer & Sweat, LLP
Shopping in a store is usually enjoyable and fairly uneventful, but, what happens if you get hurt in a mall or box store like Home Depot? If you are injured due to a dangerous condition on the property such as a slippery floor or merchandise stacked wrong that falls down on you, there are things you should do immediately to protect any claims you may later assert for medical expenses, lost income and pain and suffering related to the incident.

Three Convictions in Medicare Fraud Case

  February 17, 2014     By The Evans Law Firm
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.

Six California Residents Arrested For Financial Elder Abuse Scams

  February 17, 2014     By The Evans Law Firm
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.

Unpublished Authors and The Battle Against Copyright Infringement

  February 13, 2014     By Kathryn Arnold
Copyright infringement is a hot topic in the entertainment industry and I have worked on my fair share of cases on this issue. Having testified for both Plaintiffs and Defendants, successful and not so successful writers, the published and the unpublished, the questions remain the same - don’t all authors deserve copyright protection?

Patent FAQ: Is My Invention Patentable?

  February 13, 2014     By Sheldon Mak & Anderson PC
A patent is a valuable property right because it excludes others from “making, using, offering for sale, or selling your invention throughout the United States or importing the invention into the United States” for a certain period of time. However, before embarking on the patent process, the first step is determine if your invention can indeed be patented.

Rock Legend Seeks Trademark for New Audio Format

  February 11, 2014     By Sheldon Mak & Anderson PC
What Does Neil Young Have Against MP3s? Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

Talking to your Kids About Divorce

  February 11, 2014     By Castellanos & Associates, APLC
Divorce can affect your children, both at the time of the divorce and in the future. Emotional effects can include conditions such as anger, depression and fear. Since divorce can greatly influence your children, it’s important to talk to them and help them cope.

Taxpayer Standing Can Provide a Bulwark Against Government Overreach in California

  February 11, 2014     By Kassouni Law
In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.

Disagreement About Handling of California Caregiver Abuse Cases

  February 10, 2014     By The Evans Law Firm
Long -term care advocates and officials disagreed at a recent Assembly hearing.

The Importance of Writing Good Legal Content

  February 6, 2014     By Law Offices of Kevin Cortright
What is Good Legal Content? Good Legal Content is content that serves two purposes, one it gains the attention of the reader, hopefully one who is a potential client. The content gives them enough information and intrigues them enough to make them want to contact your office for more information, or better yet a consultation.

Strong v. Weak Trademarks: How to Tell the Difference

  February 6, 2014     By Sheldon Mak & Anderson PC
Strong trademarks are so distinctive that it is easy to prevent a third-party from using the mark. It is subsequently less difficult to both register and defend these trademarks. In contrast, “weak” trademarks are often descriptive and/or already used by others to describe their goods or services. As a result, weak trademarks are difficult to legally protect.

Addressing The Seventh Circuit’s Concerns Regarding Consumer Surveys In Litigation

  February 5, 2014     By Fulcrum Inquiry
In the course of affirming the district court’s decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments “for future reference” when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim