Wendel, Rosen, Black & Dean LLP

Tender Not Required for a “Dual Tracking” Claim

Many claims based on flawed foreclosure sales never get out of the starting gates because the borrower fails to allege a pre-lawsuit “tender” of all amounts due on the loan…more
| Finance & Banking, Real Estate - Residential

All is Fair in Lovell and Litigation

Most California construction attorneys know, or should know, that you need to “prove” you’re a licensed contractor in a construction case. And, by “prove,” that means more than simply alleging in a pleading that you are a…more
| Civil Procedure, Construction Law

Hooli Needs New Lawyers on “Silicon Valley”

As is obvious from our many posts on the subject, we here at IP Legal Forum are big fans of the show “Silicon Valley.” That said, its season finale could have used more Jared Dunn (can we give him a spin-off already?), as well…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Power to the People: EU Court Rules LEGO’s “Minifigs” Are Protectable Trademarks

In our previous post, LEGO Tries New Angle To Guard Its IP Against Upstart MEGA BLOKS, we wrote about LEGO’s efforts to protect its IP against alleged knock-off brick makers. LEGO has now scored a victory in its ongoing efforts…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

California Supreme Court Endorses City Authority to Adopt Inclusionary Housing Ordinance

On June 15, 2015, in a decision that came as a surprise to many observers, the California Supreme Court unanimously rejected a challenge to San Jose’s inclusionary housing ordinance which had been filed by the California…more
| Civil Procedure, Zoning, Planning & Land Use, Real Estate - Residential

The Creation of San Fransokyo

Some of the most fantastical buildings and urban environments started off on paper and, these days, on computer screens. Think Babylon or even Pierre Charles L’Enfant’s Washington, D.C.. Most of those structures and cityscapes…more
| Construction Law

Four Stripes and You’re Out: Adidas Sues Marc By Marc Jacobs

On April 8, 2015, Adidas filed suit against Marc by Marc Jacobs (“Marc”) in the United States District Court of Oregon for trademark infringement, unfair competition, trademark dilution, and deceptive trade practices based on…more
| Civil Procedure, Intellectual Property

A Notice of Default Does Not “Disturb Possession”

An action to quiet title in real property can be governed by various statutes of limitation, depending on what theory underlies the claim. Possibilities include the five-year limitations period for adverse possession, the…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

You Can Take This Job and Shove It!

That’s it. - You’ve had it. - They can take their job and shove it! - But can you really tell an owner on a construction project to proverbially shove it where the sun don’t shine?…more
| Construction Law

Modern Hieroglyphs: Intellectual Property Signs of the Times

You see them every day; those funny-looking characters and symbols splashed all over goods and advertisements.  ?.  ?.  Our friends “TM” and “SM” and even ?.  Like modern hieroglyphs, we know that these symbols have some cryptic…more
| Intellectual Property

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

An interesting construction case just came out from the California Court of Appeals for the Second District this past month – Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc., California Court of Appeals for the Second…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

HBO’s “Silicon Valley” Is Like Sesame Street for Start-Ups

A recent episode of “Silicon Valley” was brought to you by the letters N-D-A. The protagonists are seeking funding for their start-up, Pied Piper, and one of the potential investment groups starts asking curiously technical…more
| Commercial Law & Contracts, Intellectual Property

Forbearance Agreements Must Be In Writing

Many plaintiffs in wrongful foreclosure lawsuits attempt to rely, at least in part, on what the lender’s representative “told them” over the phone or in person. But a recent decision by the California Court of Appeal…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

The 411 on the New 415 Location of the Golden State Warriors

You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to the…more
| Art, Entertainment, & Sports Law, Construction Law, Zoning, Planning & Land Use

Fatwas & the First Amendment: 9th Circuit Reverses Takedown Order of Video that Preceded Benghazi & Cairo Protests

A young actress agreed to appear in a low-budget, Middle Eastern themed action film. The producer re-cut and over-dubbed the video, which included five seconds of the actress’ performance, fashioning it into “Innocence of…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property
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