The Patent and Trademark Office recently published “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces” in the Federal Register (PTO-P-2023-0047). There, the Patent Office confirmed that both a graphical user interface (GUI) and a computer-generated icon can be covered by design patents. Design […]
New federal disclosure requirements for your businesses and entities will become effective January 1, 2024 – the reporting requirements are burdensome, can be triggered multiple times in a single calendar year and are subject to both civil and criminal liability. Accordingly, you should prepare to comply with the new law now. Specifically, in 2021, Congress passed […]
Recently, the California Assembly quietly instituted a bill that would dramatically change the landscape of ADA website litigation. If you think the recent wave of ADA website lawsuits has been alarming, buckle up – because you haven’t seen anything yet. The Assembly re-drafted an existing bill, AB1757, which if passed would include the adoption of […]
In August 2023, the U.S. Sentencing Commission announced that it would allow for the retroactive application of Amendment 821, which provides (in Part B) a decrease of two offense levels for “Zero-Point Offenders” whose crime did not involve aggravating factors. As a result, certain currently incarcerated individuals may be eligible for reduced sentences, effective February […]
Every passing month seems to bring with it a new set of “market making” events that consistently catapults the deal and debt financing economy in a new direction. Nonetheless, there are certain trends that the JMBM attorneys on the “financing frontlines” see repeatedly, and this fall seemed as good a time as any to convey […]
In early July, California Superior Court Judge James P. Arguelles held that the regulations adopted by the California Privacy Protection Agency (the CPPA) on March 29 2023, which implemented key provisions of the California Consumer Privacy Act (the CCPA), could not be enforced until March 2024. For many companies, the first reaction to the decision […]
An article by Bob Kaplan titled, “Bank Uses State Receivership to Avoid Foreclosing on Problematic Apartment Building,” was published in the July–August 2023 edition of the Turnaround Management Association’s Journal of Corporate Renewal. You can read the article here.
An article by Jessica Bromall Sparkman and Rod Berman titled “Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims” was published in the May–June 2023 issue of The Trademark Reporter on June 30, 2023.
On June 1, 2023 in United States et al. ex rel. Schutte v. SuperValu Inc., the Supreme Court rejected an attempt to shift the scienter requirement in federal False Claims Act (FCA) cases. The Court unanimously reaffirmed the current standard, which requires a defendant to act “knowingly,” with actual knowledge, deliberate ignorance, or reckless disregard. […]
An article by Brad Cohen titled, “Tax and Estate Planning for Postmortem Celebrity,” was published in the syllabus for the 47th Annual Entertainment Symposium for the UCLA Ziffren Institute for Media, Entertainment, Technology & Sports Law. This article was originally published by LA Lawyer Magazine in May 2017.