California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
February 10, 2014 By The Evans Law Firm
Long -term care advocates and officials disagreed at a recent Assembly hearing.
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.
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.
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
February 3, 2014 By Law Offices of Kevin Cortright
The death of an injured worker does not influence the liability of the employer for payment of benefits. If an employee dies as a result of an industrial injury, a company’s liability for momentary or irreversible disability terminates, but the employer remains liable for various other benefits.
February 3, 2014 By IP Law Click, PC
Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.
February 3, 2014 By The Evans Law Firm
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
January 31, 2014 By Kassouni Law
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.
January 31, 2014 By Kassouni Law
Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.
January 31, 2014 By Russ Brown Motorcycle Attorneys
Just because a motorcyclist is injured or sustains property damage due to someone else’s negligence and thinks he’s entitled to recover, it doesn’t mean that he will. The injured party must prove his case whether in the early stages of the claim or ultimately at trial. If you’re not careful, some things can slip through the cracks.
January 30, 2014 By Law Office of Daniel H. Rose
The cost of medical care rendered to seriously injured accident victims in San Francisco is tremendous, especially given the high cost of treatment at San Francisco General Hospital (SFGH), to which seriously injured patients are brought by ambulance, and the fact that SFGH and its physician group balance bill the patient for whatever their insurance does not cover.
January 30, 2014 By Law Offices of Kevin Cortright
Determining who qualifies as a dependent for workers' compensation death benefits can be a complicated issue.
January 30, 2014 By Sheldon Mak & Anderson PC
Patents and patent applications are often the first indicators that a new technology or product is on the horizon. This may be the case with Nokia’s recent patent application for a vibrating tattoo.
January 29, 2014 By Law Offices of Kevin Cortright
To determine who can file for bankruptcy the court uses what is called the Means Test. The Means test determines who is qualified to file chapter 7 bankruptcy, and who needs to file chapter 13 bankruptcy.
January 28, 2014 By Sheldon Mak & Anderson PC
The Court of Justice of the European Union recently confirmed that computer functions are not eligible for copyright protection. While the decision is clearly a win for the software industry and its reliance on reverse engineering, its impact on U.S. copyright litigation remains to be seen.
January 27, 2014 By Kassouni Law
The rise of civil asset forfeiture as a means of increasing government revenues.
January 27, 2014 By The Evans Law Firm
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
January 27, 2014 By The Evans Law Firm
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."
January 23, 2014 By Sheldon Mak & Anderson PC
As we mentioned last week, trademark owners can protect their intellectual property by bringing a trademark infringement action. This post highlights another valuable legal tool—an action for trademark dilution.
California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies
January 22, 2014 By Kassouni Law
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.
January 21, 2014 By Matt Dickstein, Business Attorney
California law protects the right of employees to change employment, and of competitors to hire one another’s employees. Hence a former employee or a competitor may hire your employees. What they can’t do, however, is steal your employees. This article explains the difference.
Over two thirds of present inmates and people locked up right now in the United States are those awaiting trial, not convicted criminals. Many of these people are locked up because they can’t afford to bail or they have no means to pay bail. A bail amount is the amount of money to be paid to secure that the accused will return to trial, and failure many times results in imprisonment in a justice system that embraces the term “innocent until proven guilty”.
Criminal charges are defined as charges brought against someone for an illegal act or an act flouting society's rules. There are instances, however, when innocent people are charged for something they don't understand. Do I need a lawyer usually follows the question "what did I do"? The second question should be given some thought, because the definition of criminal charges has wide latitude. To hire a lawyer well versed in criminal law could result in dismissal of charges.
It may seem as though you are standing at the edge of a cliff and are getting ready to fall off, or maybe the feeling you are getting is one of claustrophobia, or something much worse. When the biggest concern on your mind is “what do I do if I have a warrant of arrest” issued for me, the first response should be to find a good lawyer and get some help.
January 20, 2014 By The Evans Law Firm
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
January 17, 2014 By Kassouni Law
Eminent domain lawyers analyze California cities seizing underwater mortgages through eminent domain.
January 14, 2014 By Sheldon Mak & Anderson PC
As part of efforts to improve the patent process, the Leahy-Smith America Invents Act modernizes the ways that patent holders may mark their products. It specifically allows patent owners to mark their products with an Internet address that provides the patent numbers associated with the product.
January 13, 2014 By IP Law Click, PC
Although it has been a few years since Charlie Sheen decided to sue CBS for canceling his contract. It is important to revisit the issues for understanding Moral Clause, Pay or Play or Force Majeure clause and how they come into play during that matter.
January 9, 2014 By Sheldon Mak & Anderson PC
After nine years of legal wrangling, a federal appellate court has ruled that Maker’s Mark Distillery Inc.’s signature red seal on its bottles is a valid trademark. As Bloomberg noted in its report, “The litigation lasted longer than the bourbon-aging process.”
January 7, 2014 By Bay Oak Law
The cybersquatter is a parasite that benefits from an internet user’s confusion who thinks that they are accessing a popular website, when they really get something else. The US banned cybersquatting in 1999's Anti-cybersquatting Consumer Protection Act (“ACPA”) and is codified at 15 U.S.C. § 1125(d).
January 7, 2014 By Sheldon Mak & Anderson PC
Google recently announced that it has changed how it ranks search results in order to account for copyright infringement claims. The move is seen as a big win for large media companies that have been pressuring the search giant to take a stand against piracy.
January 5, 2014 By IP Law Click, PC
If you are commissioning someone to work on a project for you, are not a traditional employer, and yet want to retain all rights to the work created, it becomes important to understand "work for hire" agreements.