San Jose Post Record
Friday, May 07, 2021
GUEST COLUMNS

Friday, May 7, 2021

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., the District Court denied defendant's motion for attorney fees under 35 U.S.C. § 285, determining plaintiff's litigation positions were not baseless even after a granting of summary judgment of noninfringement that "was not a close call."
Most construction attorneys know that "pay-when-paid" contractual provisions are enforceable but that "pay-if-paid" contractual provisions are not.

Thursday, May 6, 2021

British journalist James Bartholomew is widely credited with creating the phrase "virtue signaling" to describe positioning oneself on the popular side of an issue without actually doing anything about it.
Many are surprised to learn that a scent can be a trademark.
In a 2020 revenge porn lawsuit by former congresswoman Katie Hill, Hill alleged that her privacy was violated when her ex-husband, journalists and the media distributed two redacted nude photographs of her to the public.

Wednesday, May 5, 2021

A year ago, as the U.S. economy shut down during the pandemic and millions lost their jobs, the Federal Reserve Board changed a banking rule to give people easier access to the money in their savings accounts.
With two months to go before a statewide eviction moratorium expired in January, lawmakers, lobbyists and the governor's staff were already deep into negotiations on an extension.
Not long before Congress passed its latest COVID-19 relief package, California authorized a comprehensive $7.6 billion stimulus package of its own, with more than $2 billion allocated for small businesses. That legislation built on previous actions to keep California's Main Streets afloat during the pandemic.
On the way out the door, the Trump administration committed many environmental and financial scandals. One can cost low-income water users while lining the pockets of one of California's largest and most powerful water districts.
The subtleties of both implicit and explicit biases are not limited to our streets and neighborhoods, boardrooms or courthouses. As Nelson Mandela said, in an address to the UN General Assembly in 1994: "All of us know how stubbornly racism can cling to the mind and how deeply it can infect the human soul."

Tuesday, May 4, 2021

Fifty years ago, California ratified the 26th Amendment, the Constitutional provision that gives young people the right to vote beginning at age 18.
There have been a lot of strange economic numbers over the past 14 months as the world has been whipsawed by the pandemic. But one particular line of the first-quarter GDP numbers released Thursday stands out even so.
Forty years ago California was in a recession with 10% unemployment, yet employers said that good jobs were going begging for lack of skilled workers. The state spent hundreds of millions of dollars on training, but both business and labor were dissatisfied with the results: lots of certificates, but not many jobs.
Positivity rates. ICU capacity. Unemployment claims. Vaccine efficacy. Inflation. Over the past year, California's public officials and individual citizens alike have navigated the pandemic by relying on data.

Monday, May 3, 2021

Growing up, Blossom Sergejev was lucky if she talked to her mother once a week. Usually it was once a month.
Forty years ago California was in a recession with 10% unemployment, yet employers said that good jobs were going begging for lack of skilled workers. The state spent hundreds of millions of dollars on training, but both business and labor were dissatisfied with the results: lots of certificates, but not many jobs.
The chair of the University of California board of regents said last Wednesday he's open to considering dramatic cuts in the number of armed, sworn police officers across the university system.
After nearly 70 years of implementation and 14 months of a pandemic, meaningful improvements to the open meetings guarantees in the Ralph M. Brown Act will take longer than one seven-month legislative session.
Because of "COVID fatigue," and the increasing number of vaccinated individuals in the workforce, many employers are becoming lax in their COVID-19 prevention efforts, such as social distancing and requiring facial masks. To avoid potential OSHA and Cal/OSHA citations and fines, however, they should continue to comply with all applicable COVID-19 guidance, regulations, and orders.

Friday, April 30, 2021

How far the Supreme Court's holding in the infamous Kelo decision goes (or whether it should be reconsidered and reversed) is the subject of a currently pending petition for certiorari.
If you pay much attention to sneakers, you might know that the agreement between Nike and the Bryant Estate for Nike's line of Kobe sneakers recently expired.

Thursday, April 29, 2021

The Derek Chauvin case could be an outlier, or it could signal a true turning point in the nation's move toward justice, and the fulfillment of the Civil Rights Act.
By the time this column is published, Northern California may be receiving some much-needed rain, and possibly some snow.
In the annals of California history, no one has ever had to put a broken state park back together. There's no guidebook, no rules. So now state officials and conservationists are attempting a complex and extraordinary Humpty Dumpty project: The reawakening of Big Basin Redwoods State Park.
In many ways, the plane is being built in mid-air. Concrete statements about what an NFT can or cannot do, and even what it is, have the potential to mislead.

Wednesday, April 28, 2021

Many colleges have reinstated May 1 as the deadline for newly admitted applicants to declare that they will enroll and submit deposits. But with about a week to go, students still have time to appeal to a college for more financial aid, if they need to.
There are 8.8 million Californians receiving state benefits who are eligible for stimulus checks, according to a study by the California Policy Lab, and more than 2 million of them don't earn enough to need to file taxes. But without those filings, the IRS can't reach them.
Though California's financial aid grant is among the most generous in the country, the Cal Grant leaves out hundreds of thousands of students each year who are older and took more than a year to get to college after finishing high school.
Beyond wages, fewer than half of workers in California report having a "quality job," which the Future of Work Commission describes as "a living wage, stable and predictable pay, control over scheduling, access to benefits, a safe and dignified work environment, and opportunities for training and career advancement."
Housing affordability, racial inequity, getting California back on track after the COVID-19 pandemic – these are California voters' priorities, according to the most recent poll from the respected and non-partisan Public Policy Institute of California.

Tuesday, April 27, 2021

Something strange is happening to the exhausted, type-A millennial workers of America. After a year spent hunched over their MacBooks, enduring back-to-back Zooms in between sourdough loaves and Peloton rides, they are flipping the carefully arranged chessboards of their lives and deciding to risk it all.

Monday, April 26, 2021

Doctors, lawyers and other highly-trained professionals often have their sights on lucrative salaries once they complete their courses of study – but many are also saddled with a less pleasant graduation gift: outstanding student loans.
California Gov. Gavin Newsom on Wednesday declared a drought emergency for parched water systems along the Russian River watershed that serve hundreds of thousands of Californians in two counties.
The election of Vice President Kamala Harris and the appointment of several Californians to top posts in the new administration signal not only the state's renewed clout in the nation's capital but also the influential role our world-class public higher education system plays in shaping leaders and expanding diversity at the upper echelons of government.
Two years ago, Gov. Gavin Newsom described Pacific Gas & Electric and the events that led to the deadliest wildfire in state history saying, "It's about corporate greed meeting climate change. It's about decades of mismanagement."
The headlines are grim. Texas' power grid fails in the midst of a deadly cold snap, putting millions at risk. A historic heat wave brings California's power grid to its knees, putting millions at risk.

Friday, April 23, 2021

The era of California's big climate ambitions is over, even as California's megadroughts and wildfires worsen.
In the 9th Circuit (as well as the 2nd, 5th, 6th, and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work.
California, which has been mired in a pandemic recession for the last year, enjoyed some modest economic gains in March as the state's unemployment rate dropped to 8.3%.

Thursday, April 22, 2021

Earlier this week, American Rivers released a list of the nation's most endangered rivers. California's McCloud River is included because of the federal government's proposal to raise the height of Shasta Dam.
We Americans are blessed with abundant — even overabundant — consumer goods and services and often take that fact for granted.
Child care providers are pushing back against a state plan to restart in-person inspections after a year of sanitizing, social distancing and restricting parents and other outsiders from entering their sites in an effort to keep COVID-19 at bay.
California is once again into a critically dry year with memories of the last drought all too fresh. Scientists warn that "boom or bust" water years are the new normal, and we all knew we'd be back here again. The question is, what have we learned and what have we done about it?

Tuesday, April 20, 2021

On March 19, the California Environmental Protection Agency's Office of Environmental Health Hazard JAssessment, known as OEHHA, proposed amendments to its regulations for Proposition 65 safe harbor warnings to address exposures to delta-9-tetrahydrocannabinol (delta-9-THC) and cannabis smoke.
Car shoppers may find that bargains are scarce this year. But better prices on trade-ins may help ease the pain.

Monday, April 19, 2021

Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech's Covid-19 vaccine.

Friday, April 16, 2021

Earlier this month, camera crews once again gathered in the Sierra Nevada to watch a man plunge a pole through the snow. The pole was removed and, following a tense few moments, Californians learned we experienced another dry winter, and we are plunging further into drought.
The court issued a narrow ruling that correctly recognized the FCC's commitment in the context of its Section 202(h) quadrennial reviews to ownership diversity as an important and freestanding policy consideration.
Is there a legal duty to protect others from harm caused entirely by third parties? "It depends," goes the standard refrain.

Thursday, April 15, 2021

By any standard, California is experiencing one of its periodic droughts after two successive years of below-normal precipitation.

Wednesday, April 14, 2021

Last week, California's top legislative leaders unveiled a plan to spend more than half a billion dollars on efforts aimed at protecting the state from catastrophic wildfires.
Building investor trust while mitigating litigation risk
Reliance on binding precedent may no longer be enough

Tuesday, April 13, 2021

Los Angeles County Superior Court's restraining order courts in a year of emergency.
Tax filing is a little more complicated this year.
Every year, tens of thousands of equine aficionados gather in the streets of Bishop for one of the biggest events in the Eastern Sierra: Mule Days.
Only in the last decade have California courts recognized as tortious conduct the intentional interference by one person in the expected inheritance of another.

Monday, April 12, 2021

Saving for retirement is never easy, but women in particular can face unique challenges. Statistics from a recent Morningstar special report on women and investing show why it's important they make retirement planning a personal priority—and start as early as possible.
In the years leading up to the pandemic, many high-profile allegations of sexual harassment and discrimination were in the headlines, typically relating to attorney compensation and promotions. While the pandemic has certainly dominated all stories over the past year, the scourge of harassment and discrimination remains a vital issue for law firms.

Friday, April 9, 2021

Finding Google's copying a fair use, the Supreme Court ended Oracle's decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones.
On March 26, MSCHF's collaboration with Lil Nas X to produce "Satan Shoes" was announced via Twitter — and caught the attention of the media and Nike. Promoted in a tweet for their unique design of incorporating authentic Nike Air Max '97, with 60 cc ink and one drop of human blood, MSCHF announced it would be selling a numbered drop of 666 shoes (the devil's number) at the price of $1,018 each beginning March 29.
Last week, a group of youth leaders from Richmond met over Zoom to discuss their visions for community resilience to climate change. Some in high school and others in their 20s, all are members of the Asian Pacific Environmental Network and come from Asian refugee and immigrant families.
Joel Lopez died of COVID this January. Apart from his wife Maria and his 2-year-old daughter Julieta, few people noticed. I did. For me, Joel was the living embodiment of why some of us love practicing criminal defense. I had the privilege of representing Joel for 23 years. During those years, Joel and I suffered wins and losses, but we never gave up trying. That is our story, and I want to share it.

Thursday, April 8, 2021

In this era of ideological polarization and perpetual partisan warfare, it's difficult to grasp the collegial, bipartisan ambience that once prevailed in California's Senate.
Time was not on John Metzger's side. The 72-year-old Californian was seeking justice after being diagnosed with malignant mesothelioma, a terminal cancer he developed after years of exposure to asbestos through his work as a laborer in the oil industry.
On March 30, the federal court in California Chamber of Commerce v. Becerra issued a preliminary injunction enjoining Proposition 65 acrylamide cancer warnings for foods, holding that such warnings violate the First Amendment.
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