(United States Ninth Circuit) - Affirmed the dismissal of a trademark infringement lawsuit brought by a financial services company, holding that the use of its trademarks by a publishing company constituted nominative fair use.

(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.

WHAT happens in Vegas typically stays in Vegas, but Carissa Uno will take everything she learned at a gymnastics tournament in Sin City to inspire her to greater heights.

“THAT was a crazy night and I don’t think we are ever going to see anything like that again,” said Sea Eagles prop Darcy Lussick.

THE success of the women’s T20 Big Bash League last summer has seen participation numbers skyrocket among female­ junior players on the northern beaches.

(California Court of Appeal) - In a trademark secrets and employment case arising out of the formation of defendant uPI Semiconductors by employees of plaintiff Richtek, the sustaining of defendants' demurrer is reversed where the trial court improperly took judicial notice of the substantive allegations contained in two 2007 court complaints filed in Taiwan to resolve factual disputes in the case.

Swinging, climbing, and taking risks has always been in Ashton Jamieson’s nature. So his parents made the decision early on to enrol him in gymnastics.

THE controversial ATO building proposed for the Gosford waterfront has received the green light, but not without major criticism of the city’s former council for failing to deliver a performing arts precinct.

ONE of the world’s most dangerous waterway pests — the red-eared slider turtle — has been caught in a shock discovery on the Central Coast.

(Supreme Court of California) - Reversed appeal court ruling. The parties entered into a confidential settlement agreement following a tort action. Plaintiff alleged that Defendant, counsel for the injured party in the tort action, breached the settlement agreement by making public statements. Defendant claimed he was not bound by the agreement, but only recommended his clients sign it. California Supreme Court made a factual finding that the Defendant intended to be bound by the settlement agreement.

(California Court of Appeal) - Held that homeowners were not disqualified from taking a tax break. California has a special tax provision benefitting homeowners over 55 years of age when they relocate to a replacement dwelling in the same county. Reversed the trial court.

(California Court of Appeal) - Held that plaintiff's counsel was not liable for breaching a provision in a settlement agreement requiring him to keep the settlement confidential. Upon being sued by the other settling party for speaking with the online news media about this product liability case, the plaintiff's counsel filed a SLAPP motion. On appeal, the Fourth Appellate District held that the settlement agreement's language purporting to impose a confidentiality obligation on the attorney was unenforceable in this case.

(Supreme Court of California) - Held that a dispute over legal fees should not have been submitted to arbitration because the arbitration clause in the parties' agreement was unenforceable. A law firm recovered its outstanding fees through arbitration after it was disqualified from a case due to a conflict of interest. On review, however, the California Supreme Court held that the matter should never have been arbitrated because the law firm's failure to disclose a known conflict rendered its agreement with its client, including the arbitration clause, unenforceable as against public policy. The high court also held that the conflicts waiver the client signed was ineffective.

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.

(United States Ninth Circuit) - Affirmed the dismissal of a trademark infringement lawsuit brought by a financial services company, holding that the use of its trademarks by a publishing company constituted nominative fair use.

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.

(Supreme Court of California) - Holding that under California law, a dissolved law firm has no property interest in legal matters handled on an hourly basis and therefore no interest in profits generated by a former partners' work on hourly fee matters pending at the time of dissolution.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(United States Third Circuit) - Dismissal of plaintiff's suit, alleging trade-dress infringement and tortious interference, for lack of personal jurisdiction is reversed were defendant had sufficient contacts with New Jersey.

(United States Tenth Circuit) - In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody.

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.

(California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.

(United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes.

(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.

(Supreme Court of Delaware) - In a proceeding under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41 on a question of law certified to the Delaware Supreme Court from the United States District Court for the Southern District of New York, the court answers the certified question as follows: plaintiffs in a double derivative action under Delaware law who were pre-merger shareholders in the acquired company and who were current shareholders, by virtue of a stock-for-stock merger in the post-merger parent company, need not also demonstrate that at the time of the alleged wrongdoing at the acquired company: (a) they owned stock in the acquiring company, and (b) the acquiring company owned stock in the acquired company.

(California Court of Appeal) - Order denying resentencing vacated. Defendant petitioned for resentencing of his possession of marijuana conviction based on Proposition 64’s reduction or elimination of criminal penalties for various marijuana offenses. Court held that that even though Defendant was convicted of a felony accessory that was not specifically mentioned in the statute, he still would be eligible for resentencing.

(Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5.

JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe!

(United States Supreme Court) - Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker.

Fans. Veel bedrijven proberen van hun fans klanten te maken, maar het omgekeerde realiseren is net zo belangrijk. Een doorsnee klant kan zomaar overstappen naar een concurrent. Daarentegen zal een klant die echt fan is, je trouw blijven én anderen aanzetten om je product ook uit te proberen. Fans zijn daarmee grote aanjagers van aankoopbeslissingen. […]

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.

Amnesty advocates are working overtime to portray illegal migrants as heroic essential workers in the national campaign to contain China's coronavirus.

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."

The Republican National Committee (RNC) launched a digital platform on Friday called "Protect the Vote" as a response to the left's increasing attempts to use the coronavirus pandemic to push their election agenda items, such as universal mail-in voting.

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.

(United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes.

(California Court of Appeal) - Affirmed order granting probation with amendments. Defendant admitted to acquiring personal identifying information with intent to defraud. The trial court placed Defendant on probation with various terms and conditions. Defendant appealed the conditions. Appeals court affirmed, but struck certain fees.

(United States DC Circuit) - Affirmed. The denial of class certification in the case of thousands of shippers allegedly harmed by a price fixing conspiracy among freight railroads was affirmed because their evidence for proving causation, injury, and damages on a class wide basis measured negative damages for over 2,000 members.

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

(Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5.

(Supreme Court of California) - Reversed appeal court ruling. The parties entered into a confidential settlement agreement following a tort action. Plaintiff alleged that Defendant, counsel for the injured party in the tort action, breached the settlement agreement by making public statements. Defendant claimed he was not bound by the agreement, but only recommended his clients sign it. California Supreme Court made a factual finding that the Defendant intended to be bound by the settlement agreement.

Love always requires sacrifice.

“Mindfulness” is a buzzword these days. As a recent article in the Sunday New York Times points out:

. . . mindfulness has come to comprise a dizzying range of meanings for popular audiences. It’s an intimately attentive frame of mind. It’s a relaxed-alert frame of mind. It’s equanimity. It’s a form of the rigorous Buddhist meditation called vipassana(“insight”), or a form of another kind of Buddhist meditation known asanapanasmrti (“awareness of the breath”). It’s M.B.S.R. therapy (mindfulness-based stress reduction). It’s just kind of stopping to smell the roses. And last, it’s a lifestyle trend, a social movement and — as a Time magazine cover had it last year — a revolution.

Many Christians will be skeptical of mindfulness simply due to its Buddhist roots, and yet at first glance, there’s something attractive about it. In the midst of an overworked, consumerist culture or production and competition, couldn’t mindfulness offer us all something true and good? Awareness of the present moment—my own emotions, the states of being of those around me, the possibilities inherent in right now—aren’t those all good?

At a glance, sure. And yet, as the author (Virginia Heffernan) of the Times’ piece goes on to note, our current fad of mindfulness is often employed in service of the same work-fueled consumerist values. It will make us, and our children, more productive and less anxious, right?

I think back to my own attempt at greater mindfulness during an exercise “challenge” I committed to with a few friends last year. I pledged to write down everything I was eating and drinking, ...

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The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

The Single Will Be Available Digitally, CD Single And Limited Edition 7-inch Vinyl

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