News

Gilead, Fish & Richardson Fend Off $200 Million Merck Verdict

Scott Graham | April 25, 2018

The Federal Circuit backed U.S. District Judge Beth Labson Freeman's finding that Merck's business and litigation misconduct justified unwinding the verdict.

Commentary

Bedsworth: It Seemed Like Such a Good Idea ...

William W. Bedsworth| April 25, 2018

In which our columnist ponders the sentiment conveyed by appellate lawyers who say "Your Honor, an argument could be made that . . ."

News

California Catches Up to Legal Market Leader in New Partner Promotions

Xiumei Dong | April 25, 2018

The Golden State trails only New York when it comes to the volume of new partner promotions.

News

Lucasfilm Wins Early Battle With App Maker Over 'Sabacc' Trademark

Ross Todd | April 25, 2018

In the "Star Wars" universe, Han Solo won the iconic Millennium Falcon spaceship by beating Lando Calrissian in a game of Sabacc. In court, Lucasfilm beat back a motion to dismiss its trademark lawsuit against Ren Ventures.

News

8 Questions From the Justices That Put Trump's Travel Ban to Test

Marcia Coyle | April 25, 2018

Here are eight questions posed during the argument. By the end, there appeared to be a majority that could favor the Trump administration.

Chart

Law Grads Hiring Report: Job Stats for the Class of 2017

Karen Sloan | April 25, 2018

The law class of 2017 overall fared better in the entry-level job market, but national figures obscure the extreme stratification of employment success for grads from individual schools. Our 10 charts break down all the latest hiring data, showing the schools that excelled—and those that lagged behind.

Expert Opinion

Do You Need a Technical Degree to Make the Switch From Commercial Litigation to IP?

Julie Brush| April 25, 2018

Would a technical degree make you more marketable for IP litigation opportunities in the market today? Yes. Particularly if you possessed an electrical engineering (EE) or computer science (CS) degree.

News

Zero to Hero: Legal Ops Leaders From Gap and Cisco Discuss Starting From Scratch

Caroline Spiezio | April 24, 2018

At CLOC's annual conference in Las Vegas this week, Mike Haven of The Gap and Steve Harmon of Cisco Systems gave some pointers on how to build an ops function where there wasn't one before. "It’s not a sprint, it’s a marathon," Haven said.

News

New Rules Would Disclose Judges' Names in Settlement Agreements

Cheryl Miller | April 24, 2018

The proposed changes, a response to media reports about settlements involving alleged workplace misconduct by judges, will be vetted at a public meeting Thursday by the Judicial Council's Rules and Projects Committee before being circulated for public comment.

Trump's Tweets, Kennedy & More: What to Watch at Travel Ban Arguments

Marcia Coyle | April 24, 2018

Four things to watch Wednesday morning when the justices take up argument over the Trump administration's travel ban. Trump's said a lot about the ban. How much will his words matter?

News

SEC Wallops Yahoo With $35M Penalty Over Breach Disclosures—or Lack Thereof

Ross Todd | April 24, 2018

The company, now known as Altaba, has settled SEC claims that it misled investors about a 2014 data breach which affected more than 500 million user accounts.

News

Margo Smith Leaves Apttus After 10 Months for Snowflake Computing

Stephanie Forshee | April 24, 2018

Smith replaces Barbara Walkowski in the CLO role at the cloud-based data warehousing company in San Mateo.

News

High Court Rejects Challenge to PTO Patent Validity Review With Caveats Added

Scott Graham | April 24, 2018

But the justices suggest procedure might not cover patents issued before 2011 passage of America Invents Act.

Analysis

Self-Storage Company’s “Protection Plan” Was Not Insurance Subject to State Insurance Code, California Supreme Court Rules

Steven A. Meyerowitz, Esq., Director, FC&S Legal| April 24, 2018

The Supreme Court of California ruled that the self-storage company’s indemnity agreement was not subject to regulation as insurance under the California Insurance Code.

Slideshow

Goodwin Procter Cuts Ribbon on New Silicon Valley Office

Xiumei Dong | April 23, 2018

A photo tour of the firm's new space at 601 Marshall St. in Redwood City.

News

Sour Mash? Jack Daniel's Sues Bargain Whiskey Over Label, Bottle Design

Ross Todd | April 23, 2018

Jack Daniel's has sued the maker of Lonehand Whiskey claiming that it designed its label and bottle to look deceptively close to its "Old No. 7" design.

News

Greenspoon Marder Opens LA Office With 6-Lawyer Group

Ross Todd | April 23, 2018

The fast-growing Am Law 200 firm added four lawyers from entertainment boutique Eisner Jaffe, as well as a former California judge and ex-solo practitioner.

News

No Standing for Monkey to Bring Selfie Copyright Suit

Scott Graham | April 23, 2018

Ninth Circuit Judges Carlos Bea and N. Randy Smith said an en banc panel of the court ought to reconsider whether animals ever have standing to bring claims.

Analysis

Exclusion Did Not Bar Insurance Coverage For Chatsworth Train Collision, California Appellate Court Affirms

Steven A. Meyerowitz, Esq., Director, FC&S Legal| April 23, 2018

A California appellate court found that an “intended or expected” insurance policy exclusion didn't bar coverage for damages in a fatal 2008 head-on collision between a Metrolink commuter train and a Union Pacific freight train in Los Angeles.

Video

Local Lawyers Compete in Epic Battle of the Bands

Jason Doiy | April 23, 2018

Law Rocks is touring San Francisco again. Local attorneys banded together at the Chapel in San Francisco to become rock stars for a night, playing an epic battle of the bands.

News

Stanford Law's Jeffrey Fisher, Veteran SCOTUS Lawyer, Joins O’Melveny as Special Counsel

Tony Mauro | April 23, 2018

Fisher, who has argued 35 cases before the high court, will maintain his position at Stanford and as co-director of its Supreme Court clinic, a position he's held since 2006.

News

Hogan Lovells Snags Restructuring Leader From Jones Day

Lizzy McLellan | April 23, 2018

Richard Wynne, Bennett Spiegel and Erin Brady joined Hogan Lovells on Monday, each bringing with them a book of well known clients.

News

Oil Spill Lawyers Win Rare Disaster Class Certification for Coastal Property Owners

Amanda Bronstad | April 20, 2018

A plaintiffs team suing a pipeline operator over a 2015 oil spill off the coast of California scored a rare win when a federal judge granted certification of thousands of property owners. Of course, that success came on the third try.

News

Women-Owned Cannabis Law Firm Expands in Northern California

Xiumei Dong | April 20, 2018

Clark Neubert has made three new hires to open offices in Sacramento and Santa Cruz.

News

In-House Leaders From Facebook, Uber, Dropbox and Salesforce: 'Consent Is Complex in GDPR'

Caroline Spiezio | April 20, 2018

Are companies seeking too much consent to process data? Too little? It's a situation that poses challenges for in-house lawyers far and wide, according to a panel discussion of industry leaders at Santa Clara University School of Law.

Podcast

Paul Weiss Chairman Pipes Up About the #MeToo Movement

Leigh Jones | Vanessa Blum | April 20, 2018

The Careerist's Vivia Chen talks with Brad Karp about the power imbalance in law firms and how to change it.

News

Judge Remands First Tezos Case, Splitting Pioneering ICO Securities Class Actions In 2

Ben Hancock | April 20, 2018

U.S. District Judge Richard Seeborg agreed that the first case to be filed against Tezos belongs back in San Francisco Superior Court, in light of a recent ruling by the U.S. Supreme Court on jurisdiction.

Quick Takes

On the Move: Tracking the Ins and Outs of California Lawyers

Pearl Wu | April 20, 2018

New hires in the California legal market.

Analysis

Higher Law: Your 4/20 Update on Cannabis as a Practice

Cheryl Miller | April 20, 2018

What do President Trump's statements on marijuana might mean for state-legalization efforts? Plus, California is trying—again—to find a banking solution for cannabis businesses and a marijuana law boutique expands to meet demand.

Analysis

Litigation Privilege Does Not Apply In Insurance Bad Faith Case, California Court Says

Steven A. Meyerowitz, Esq., Director, FC&S Legal| April 20, 2018

A federal judge in San Diego rejected an insurer’s efforts to strike significant portions of a bad faith lawsuit based on the litigation privilege.

News

Documents: Feds Hit Wells Fargo for $1B Penalty for Consumer Abuses

Mike Scarcella | April 20, 2018

The $1 billion penalty imposed by the Consumer Financial Protection Bureau marks the largest in the agency's history.

News

Susman Takes on Cisco Over Network Automation Patents

Scott Graham | April 19, 2018

The leader of plaintiff NetFuel Inc. describes the company as an AI pioneer in networking space.

Q&A

Q&A: Lance Armstrong's Lawyer Talks Shop About Settling with US Postal Service

Ross Todd | April 19, 2018

Elliot Peters of Keker, Van Nest & Peters says "100 percent" of him wished he could take the doping case to trial, but that the $5 million settlement Armstrong reached "puts litigation out of his life."

News

Gavelytics Launches New Tool Crunching Numbers on SF Superior Court Judges

Ben Hancock | April 19, 2018

The platform is targeted at helping lawyers decide whether to "paper" a judge, as well as how to steer the litigation once it is off and running.

News

Perkins Coie Picks Up Jones Day Partner in Palo Alto

Xiumei Dong | April 19, 2018

Wendy Moore, an executive and equity compensation expert, has left Jones Day for Perkins Coie.

News

Uber Scores an Early (Mostly) Win in Lyft Drivers' Privacy Suit

Ross Todd | April 19, 2018

A federal magistrate judge in San Francisco knocked out state and federal privacy claims based on allegations that Uber used software to pose as Lyft passengers to spy on their rival's drivers. The judge however, allowed a claim brought under California's Unfair Competition Law survive.

News

Survey Shows 27 Percent Pay Gap for Top Women Equity Partners

Miriam Rozen | April 19, 2018

Even "star" partners pay a big price for their gender, new research by Acritas found.

News

A Cambridge Analytica Whistleblower’s Challenge to Social Media Collection

Ian Lopez | April 19, 2018

A veteran of data collection for political campaigns and social media, Brittany Kaiser says technologies like smart contracts can help build a framework for personal data as personal property.

News

L.A. Boutique Stris & Maher Claims 'Total Victory' in Settlement About Alleged Trump Affair

Marcia Coyle | April 19, 2018

Peter Stris, who has argued seven U.S. Supreme Court cases, called ex-Playboy model Karen McDougal's settlement "probably the most rewarding result I ever got in my career."

Commentary

Brave New World of (Robot) Law

Jenna Greene | April 19, 2018

If your robot hurts someone, are you liable? Legally speaking, is a robot like a pet? An employee? Should robots have rights? In a new report, the U.S. Chamber Commerce contemplates not-so-distant questions about robot law.

News

Latham Opens Nominations to Replace Ousted Leader Voge

Anna Ward | April 19, 2018

Latham partners mentioned as potential Voge replacements include current co-chair Ora Fisher in Silicon Valley, Los Angeles managing partner Jeffrey Greenberg, and corporate partner Charles Ruck, who splits his time between New York and Costa Mesa.

News

Reed Smith Snags Steptoe & Johnson Trio for Pension Practice

Xiumei Dong | April 18, 2018

Reed Smith has hired a three-lawyer group for its public pension fund and tax wealth planning practices.

News

How Lawyers Used CFIUS Review to Defeat Broadcom’s Takeover of Qualcomm

MP McQueen | April 18, 2018

The White House blocked Broadcom’s $117 billion bid to take over Qualcomm by issuing an executive order in March, citing national security concerns. Could it be the "poison pill" of the future?

Profile

Former ClearSlide GC Olga Mack Joins San Francisco's Quantstamp as VP of Strategy

Caroline Spiezio | April 18, 2018

Mack, who was also formerly in-house at Zoosk, was planning to take some time off, but then found a job that she couldn't turn down.

CLOC Has Scored Some Early Wins - Much Work Remains Undone

Nicholas Bruch, Senior Analyst ALM Legal Intelligence | April 18, 2018

While the Corporate Legal Operations Consortium (CLOC) has started an important discussion in the legal industry, it is made little ground in the biggest areas.

Expert Opinion

Car Dealership Wins on Second Trip to SCOTUS

Todd B. Scherwin, Wendy McGuire Coats and Karl R. Lindegren| April 18, 2018

Service advisers are exempt from FLSA overtime requirements.

News

Wilson Sonsini Gets Appellate Win in Google Derivative Suits Over 'No-Poach' Agreements

Ross Todd | April 17, 2018

The Sixth District Court of Appeal upheld a lower court ruling which tossed claims against Google execs on statute of limitations grounds.

Barnes & Thornburg Bolsters SoCal Ranks With 3 Restructuring Pros

Xiumei Dong | April 17, 2018

The Indianapolis-based Am Law 100 firm's West Coast expansion continues with the addition of three more lawyers from Cooley in San Diego.

News

WHOIS—Web Tool Used by IP Attorneys, Law Enforcement—In Peril After EU Privacy Regulators Reject Proposed Fix

Ben Hancock | April 17, 2018

The public directory that contains information about who has registered every domain on the web looks increasingly at risk of going dark next month due to a clash with the GDPR.

News

Breyer Tosses Government Actions Against Volkswagen

Amanda Bronstad | April 17, 2018

A federal judge has dismissed cases brought by two counties in Utah and Florida alleging Volkswagen’s emissions fraud violated their state environmental laws.

News

Microsoft, Cisco and 32 Other Companies Sign 'Cybersecurity Tech Accord' to Build Global Trust

Caroline Spiezio | April 17, 2018

"By putting ourselves out there in this way, it will result in civil society and other organizations looking for other ways to hold the industry to account, in an age where talk is cheap," Cisco GC Mark Chandler told Corporate Counsel on Tuesday.

News

With DOJ Asking to Vacate Joe Arpaio's Contempt Record, Ninth Circuit to Appoint Special Prosecutor

Ross Todd | April 17, 2018

In dissent from the motion panel's order, Circuit Judge Richard Tallman wrote that Perkins Coie, which has represented amici pushing for a special prosecutor, should be precluded from getting the nod since the firm "represented President Trump’s former political rival, Hillary Clinton."

Analysis

Crypto Industry Sweep: ICOs Under Increasing Scrutiny by U.S. Regulators

Benjamin Klein, Deborah Meshulam and Jason Chang| April 17, 2018

Regulators are now taking a more active role in investigating not just ICOs but also the companies developing funds or other investment vehicles focused on cryptocurrencies or ICOs.

Expert Opinion

Don’t Play Fast and Loose With the Facts in Court

Shari Klevens and Alanna Clair| April 17, 2018

Attorneys can sometimes (intentionally or not) make statements that are not entirely accurate. A recent decision reminds us that the consequences of a misstatement to a judge are potentially severe.

News

Cooley Scoops Up Veteran Wilson Sonsini Corporate Partner

Xiumei Dong | April 17, 2018

Wilson Sonsini Goodrich & Rosati has lost four corporate partners in the Bay Area within the past month.

Analysis

Employees' Suit Against Analyst Behind Infamous 'Jacobs Letter' Raises New Issues for Uber

Stephanie Forshee | April 17, 2018

Though Uber is not a named defendant in the complaint, experts said the company will still have plenty of work on its hands in dealing with a defamation suit recently filed against former Uber security analyst Richard Jacobs.

Analysis

California Continues To Broaden “Professional Services” Exclusion In Insurance Policies

Steven A. Meyerowitz, Esq., Director, FC&S Legal| April 17, 2018

In a case involving a break-in at a San Francisco car dealership, a federal court found that the "professional services" exclusion in Bay One Security's commercial general liability insurance policy applied.

News

Judge Blocks Huawei's Chinese Injunctions Against Samsung

Scott Graham | April 16, 2018

U.S. District Judge William Orrick III granted Samsung's anti-suit injunction until he can resolve parallel claims over standard-essential patents.

News

Judge Certifies Class of Illinois Facebook Users in Privacy Suit Over Facial Recognition

Ross Todd | April 16, 2018

The lawsuit, set to go to trial in July, confronts the company with billions in potential damages.

News

Lawmakers Push Resolution of Dispute Over Judicial Commission Records

Cheryl Miller | April 16, 2018

The judicial commission in 2016 sued to block the first-ever audit, arguing that conflicting laws could make records improperly subject to public disclosure.

News

Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

Scott Graham | April 16, 2018

Despite possibility of "chaos," presumption against extraterritorial application may give way to simple proximate cause test, justices suggest.

News

In Texas Expansion, Sheppard Mullin Launches Dallas Office With 10 Lateral Partners

Brenda Sapino Jeffreys | April 16, 2018

The firm's new Dallas office, its first in Texas, has a total of 18 lawyers, with more expected soon. The firm's clients with headquarters or operations in the state include Toyota and Texaco.

News

LSAT's Grip on Law Schools Loosens With ABA's Latest Move

Karen Sloan | April 16, 2018

An American Bar Association committee has recommended axing the accreditation standard mandating that schools use a standardized test in admissions.

Slideshow

What 5 California Legal Department Luminaries Have Said About Outside Firms

Rebekah Mintzer | April 16, 2018

Here are some of the quotable (and occasionally controversial) statements California lawyers in corporate legal departments have made about outside partners.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals. The Ninth Circuit is among the courts that have ruled that computer fraud policies don't cover those situations.

Group Vows New Rule on Judicial Harassment Disclosures by May

Cheryl Miller | April 13, 2018

"The current rule does not make it clear enough that these records should be disclosed," Chief Justice Cantil-Sakauye said this week.

News

LA Lawyer Loses Bid to Stay Off State's 'Top 500' Tax Dodger List

Ross Todd | April 13, 2018

The Ninth Circuit this week turned back Ernest Franceschi Jr.'s constitutional challenge to the state's publication of his name on the list of the state's top 500 delinquent taxpayers, which led him to lose his driver's license.

Slideshow

Mayor Officially Welcomes Venable to New San Francisco Digs

Xiumei Dong | April 13, 2018

The firm, which opened in the Bay Area in late 2013, recently moved into new space at 101 California St.

News

Ninth Circuit to Rule in Monkey Selfie Case Despite Settlement

Scott Graham | April 13, 2018

The court declined to dismiss the case, saying it's "wary of abetting ‘strategic behavior’ on the part of institutional litigants."

Dodgers' GC Says Technology Has Created Major League Changes for Baseball Lawyers

Caroline Spiezio | April 13, 2018

Veteran legal leader Sam Fernandez spoke on Friday at Berkeley Law about how in-house lawyers' roles in the sport have evolved over his three-and-half decades on the job.

News

Michael Cohen's Attorneys Claim Thousands of Privileged Documents Scooped Up in Raid

Colby Hamilton | April 13, 2018

Counsel for President Trump said she'd only been brought on board Wednesday—two days after the White House, and the world, learned of the government's raid on Trump's attorney's offices.

News

UberBLACK Drivers Are Contractors, Not Employees, Philly Federal Judge Rules

Max Mitchell | April 13, 2018

Uber limo drivers are not employees under the Fair Labor Standards Act, a federal judge has ruled, handing the ride share giant a win against drivers who sued the company for allegedly failing to meet minimum wage and overtime requirements.

Podcast

How to Take the Fear and Loathing Out of the RFP Process

Leigh Jones | Vanessa Blum | April 13, 2018

The experience can be cumbersome and anxiety-inducing for both sides of the equation, and it can end badly. And sometimes, it works brilliantly.

Q&A

Thinking of Ditching Big Law for a Startup? Read This First

Xiumei Dong | April 13, 2018

Andrew Dick, Catherine Krow and James Lee all put Big Law careers behind them to become entrepreneurs. The Recorder caught up with the trio to discuss some lessons they've learned.

Expert Opinion

How to Ask About Compensation in a Job Interview Without Sounding Greedy

Julie Brush| April 13, 2018

For some, “comp” is deliberately discussed at the very beginning to qualify a candidate’s viability upfront. For others, it’s a topic that remains unaddressed until it’s time to talk turkey. But waiting to discuss money until the interview process is at completion is not a wise move.

Quick Takes

On the Move: Tracking the Ins and Outs of California Lawyers

Pearl Wu | April 13, 2018

Attorney hires and recognition in the California legal market.

Analysis

The Law Firm Disrupted: The Most Bedeviling Aspect of Law Firm Change

Roy Strom | April 12, 2018

What the fast greens of the nation's most historic golf course can teach us about the pace of legal industry change.

News

Covington Nabs Veteran Tech Deal-Maker From Wilson Sonsini

Xiumei Dong | April 12, 2018

Suzanne Bell, a longtime technology transactions partner at Wilson Sonsini Goodrich & Rosati, has left the firm to join Covington & Burling as the latter continues to make inroads in California.

News

VirnetX Scores $502.5M Verdict Against Apple

Scott Graham | April 12, 2018

It's the second nine-figure verdict obtained by the company and its Caldwell Cassady & Curry lawyers in the last year. But Apple says the PTAB has already invalidated all of the patents.

News

In Expanded Uber Settlement, FTC Hammers Home Security Message

Ben Hancock | April 12, 2018

The regulator warned tech companies to make sure their software development environments are secure. Uber's 2016 breach came after an engineer stored an access key to a cloud database in code hosted on GitHub.

News

Cozying Up to Tech Clients, Fenwick Ditches Midtown for Flatiron District

Christine Simmons | April 12, 2018

Two years after subletting space from Ropes & Gray to enter the New York market, the firm is moving closer to clients such as Facebook, BuzzFeed and Bitly.

News

ABA Warns Golden Gate Law School About Low Bar-Pass Rates, High Attrition

Ross Todd | April 12, 2018

In a letter to GGU's president and law school dean this week, the ABA said that the school was "significantly out of compliance" certain performance thresholds needed to maintain accreditation.

Analysis

Ninth Circuit Ruling on Salary History Fuels Renewed Focus on Gender Pay Gap

Erin Mulvaney | April 12, 2018

“Plaintiffs lawyers are taking notice,” a Seyfarth Shaw partner says. “Given the prominence of the #MeToo movement, this will certainly continue and increase risk for employers.”

News

The Reviews Are in for Zuck: His Big Performance Sounded Scripted, But Is That Bad?

Caroline Spiezio | April 12, 2018

Attorneys and other experts weighed in on Facebook CEO Mark Zuckerberg's big week in D.C., explaining how some facets of his testimony proved effective, while others may not have worked as well.

News

In-House Leaders: The Future of IP Law Is Global, Data-Driven

Caroline Spiezio | April 12, 2018

At Wednesday's IPForward Conference in San Francisco, the Recorder took a look into the crystal ball with in-house IP luminaries.

News

5 Takeaways From IPForward's 2018 Conference

Caroline Spiezio | April 12, 2018

Here's some of the knowledge that a high-profile group of in-house IP specialists shared at the San Mateo conference on Wednesday.

Analysis

Facebook Collected Users' Text and Calls Logs. Will the FTC Act?

Rhys Dipshan | April 12, 2018

On Android mobile operating systems, Facebook could bundle its permissions requests, leaving users in the dark about exactly what data the mobile app was collecting.

News

In Run-Up to SCOTUS Travel Ban Hearing, DOJ Policy Head Calls Out 'Limitless' Nationwide Injunctions

Marcia Coyle | April 12, 2018

"In President Trump’s first year in office, however, judges issued a whopping 20 nationwide injunctions—an eightfold increase," said Beth Williams, a former Kirkland & Ellis partner who leads the DOJ's Office of Legal Policy.

News

King & Spalding Adds Ex-US Congressman, California AG

Xiumei Dong | April 12, 2018

Daniel Lungren, a veteran political operative, has joined the firm as senior counsel in its government matters group in three cities.

News

Wilson Sonsini Partner Talks About Other Kozinski Clerks 'Waiting, Dying' to Testify in Aborted Investigation

Ross Todd | April 12, 2018

Katherine Ku spoke as part of a discussion called "Making the Future #NOTMeToo" about how women can ward off and respond to sexual harassment in the legal profession.

News

PTO Director: 'Something Must Be Done' to Clarify Section 101

Scott Graham | April 11, 2018

In a speech to the U.S. Chamber of Commerce Andrei Iancu also promised wide-ranging review of Patent Trial and Appeal Board operations and standards.

News

LA Judge Rebuked for Media Interview, 'Flippant' Court Remark

Cheryl Miller | April 11, 2018

Los Angeles County Judge John Lord was publicly admonished for talking to a reporter about a pending case and for publicly suggesting prosecutors gave preferential treatment to a white domestic violence victim.

News

Ninth Circuit Peppered DOJ's Chad Readler About Cutting Sanctuary Cities Funding

Cheryl Miller | April 11, 2018

"So why do you care if there's an injunction against the actions that you're disavowing?" Chief Judge Sidney Thomas asked Readler, the acting head of the Justice Department's Civil Division in Washington.

Expert Opinion

Here's How Startups Can Build Patent Strength Fast

Marshall Phelps| April 11, 2018

Everybody knows that strong patents help decide the winners and losers of business competition. But there’s another, little-known way for companies to acquire the patents they need: they can simply buy them.

Expert Opinion

Meritless Ninth Circuit Civil Appeal Getting You Down? Get It Decided—Summarily

Ben Feuer, California Appellate Law Group| April 11, 2018

Even meritless appeals that require little opinion-writing time can take a year or more to be processed by the court. The delay is made worse by the court’s seven judicial vacancies, with at least one more announced—nearly a quarter of the circuit’s allotment.

News

Stormy Daniels Lawyer Avenatti Fights to Save Huge Punitive Award Against Kimberly-Clark

Jenna Greene | April 11, 2018

U.S. District Judge Dolly Gee whacked a $450 million award down to $20.7 million in a California class action over “leaky” surgical gowns.

Expert Opinion

NDA Tips, Traps and Pitfalls: Best Practices to Avoid Common Errors

Rebecca Edelson and Chidera Anyanwu| April 11, 2018

Nondisclosure Agreements (NDAs) are making headlines daily—from President Donald Trump requiring his senior staff to sign them, to adult film star Stormy Daniels claiming she was coerced into signing one. Aside from these political and perhaps personal uses of NDAs, they are most commonly used in business and can be critical to a business’ success.

Expert Opinion

You’ve Signed a Term Sheet for Your First Equity Financing. Congratulations! … Now What?

Gary Schall| April 11, 2018

Most founders breathe a sigh of relief when they ink their first term sheet. An influx of cash is finally on its way, and they no longer have to worry…

News

Feud Erupts Over Whether Tezos ICO Lawsuit Should Be Split in Two

Ben Hancock | April 10, 2018

A San Diego securities lawyer is trying to get his case against the blockchain project back to state court. But fellow plaintiffs attorneys object, saying he "should not be permitted to split the baby or get a second bite at the apple."

News

Illinois Biometric Privacy Law—and Effort to Carve Out Exceptions—Gets Moment in Spotlight at Facebook Hearing

Ross Todd | April 10, 2018

Business interests are aiming to roll back portions of an Illinois law meant to protect biometric identifiers such as fingerprints and facial structure.