A review of efforts by U.S. trading partners to protect and enforce intellectual property around the world was published by the Office of the United States Trade Representative on May 1, 2013. The Special 301 Report is an annual review  required by law. Highlights of the report include: continued deterioration in IPR protection, enforcement, and market access for persons relying on IPR in Ukraine the growing problem of misappropriation of trade secrets in China and elsewhere troubling “indigenous innovation” policies that may unfairly disadvantage U.S. rights holders in China the continuing challenges of copyright piracy over the Internet in countries such as Brazil, Italy, and Russia U.S. based companies entering into contracts and doing business internationally need to develop effective strategies for dealing with IP-related… Read the full article →

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Larry Hagman, the former Dallas TV star who recently passed away, has posthumously received good news from the 2nd District Court of Appeal in California. The court affirmed a trial decision in favor of Hagman’s trust quieting title to a piece of land that Hagman inadvertently fenced and later improved. The property at issue is less than half an acre adjacent to a 30 acre parcel that Hagman owned in Ojai. What makes the case even more interesting is noted in the opening paragraph of the court’s opinion: The unusual twist is that the neighboring land on which the adverse possession took place belongs to a nonprofit religious organization. Because of its status as a public benefit corporation, the religious organization argued that it qualified… Read the full article →

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What city has the worst traffic in the United States? That’s right, the City of Angels. But there’s nothing heavenly about this title. What cities place and show in this dubious horse race? Honolulu and San Francisco. The Hawaiian capitol claimed the top prize in 2011 but was overtaken by Los Angeles last year. Another California city, San Jose, ranked seventh. A few interesting (or depressing) facts about traffic in Los Angeles from data company Inrix which compiled the list, as reported by the Los Angeles Times: The average driver in Los Angeles spent 59 hours sitting in traffic in 2012 35 of the 162 most congested sections of highway in the U.S. are in Los Angeles Four LA freeways are in the top 10… Read the full article →

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The question faced by California’s 2nd District Court of Appeal in Gonzalez v. Downtown LA Motors (March 6, 2013, published April 2, 2013) was stated succinctly by the court as follows: whether California’s minimum wage law requires an employer that compensates its automotive service technicians on a ‘piece-rate’ basis for repair work must also pay those technicians a separate hourly minimum wage for time spent during their work shifts waiting for vehicles to repair or performing other non-repair tasks directed by the employer. The employer argued it was not responsible for doing so because the total compensation paid to its technicians never fell below the minimum wage required for all hours worked, including waiting time. This was accomplished by supplementing pay, if necessary, to cover… Read the full article →

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Home prices in California and Los Angeles keep on rising, a sign that the rebound continues from the housing decline of recent years. Prices rose 8.3% statewide in March, compared to February, and 24.7% from a year earlier. Meanwhile, Los Angeles area homebuyers paid a median price of $345,500 in March, an 8% increase from February. The median price rose 23.4% as compared to March 2012. The latest numbers from DataQuick confirm fears by some of another housing bubble. But according to a report in the Los Angeles Times, “many real estate experts believe that the price increases will slow and that the market remains on solid footing.” Foreclosed properties continue to represent a significant portion of the home sales market, though the number of… Read the full article →

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IP Awareness Assessment Tool Can Be A Starting Point For Small Business

May 9, 2013

The US Patent and Trademark Office offers an IP Awareness Assessment Tool on its website that allows individual inventors, small business owners and others to answer pre-set questions that help to assess whether such persons or businesses have intellectual property (IP) that may need protection. The IP Awareness Assessment Tool is not a substitute for legal advice, nor does it register IP assets or take any steps to protect IP under the law. It merely helps to identify whether IP rights may exist. The IP Awareness Assessment Tool offers a pre-assessment of five questions that allows for a quick determination of potential IP. A full assessment that includes 62 questions is also available. There is also a customized assessment available based on the results of… Read the full article →

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Caltrans Reports On Climate Change Efforts

May 8, 2013

A new report from the California Transportation Department details actions taken by Caltrans to reduce greenhouse gas emissions from its operations “and adapt the State’s highway system to prepare for the impacts of climate change.” The Caltrans Climate Change Report (Caltrans Activities to Address Climate Change) was issued in April 2013. The newly issued Caltrans publication reports that strategies implemented by Caltrans “have reduced GHG emissions by more than 161,500 tons annually, which is the equivalent of removing approximately 31,000 passenger vehicles from the road for a year.” These achievements have come primarily in two areas: Using alternatives to conventional concrete and asphalt in the construction of highways. The revised forms of concrete and asphalt used for construction can be produced and implemented through manufacturing… Read the full article →

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Challenge to EIR Certification Barred By Statute Of Limitation

May 7, 2013

After Placer County, California certified an Environmental Impact Report (EIR) for a large commercial building, a local environmental group, Alliance For The Protection Of The Auburn Community Environment (APACE), challenged the decision. A public hearing followed after which the Country affirmed its certification of the EIR and issued a Notice of Determination. APACE had 30 days to file suit under CEQA and continue its challenge, but its lawsuit was filed three days late. A motion seeking relief on the grounds of mistake or excusable delay followed, but the motion was denied at trial, and the County’s demurrer sustained, based on CEQA’s statute of limitations. The Third District Court of Appeal in California affirmed the trial court decision in  Alliance For The Protection Of The Auburn… Read the full article →

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Married Couple Who Work Together Share Settlement Based On Wife’s Pregnancy

May 6, 2013

The Equal Employment Opportunity Commission (EEOC) has settled a pregnancy-related discrimination, disability and retaliation claim on behalf of two married Nevada workers whose employer: made alleged derogatory remarks to the woman denied her request to move her “office closer to the restroom to accommodate her severe nausea and vomiting” changed the job description for her technical assistant position while she was out on pregnancy leave to require certification “to carry live ammunition  and explosives” terminated her while she was on leave demoted and eventually terminated her husband “after complaining of his wife’s  treatment and participating in the EEOC’s  investigation of his wife’s case” The couple will share $70,000 and negative references in their personnel files will be expunged. They will also receive letters of recommendation for… Read the full article →

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California High Speed Rail Courts Controversy and China

April 30, 2013

High speed rail is a key component of the California Rail Plan, expected this summer. The Plan will establish a vision and set priorities and implementation strategies for passenger and freight rail service in the Golden State . We previously wrote on this topic and the draft plan already issued. California’s high speed rail project, known as the bullet train, has been a subject of controversy since it was first announced. Critics claim the project is a boondoggle based on cost estimates (currently $68 billion), not to mention technology issues and environmental and energy concerns. The latest twist in the saga of high speed rail has Governor Brown courting the Chinese as investors in the state’s high speed rail project during his April trade mission… Read the full article →

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Chemical Found In Food And Beverage Cans Added To List of Toxic Substances

April 29, 2013

Bisphenol-A, commonly known as BPA, has been added by the State of California to its list of chemicals known to cause cancer or reproductive toxicity, a list required to be maintained under the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65. The Office of Environmental Health Hazard Assessment (OEHHA) is responsible for administering the list. OEHHA is part of the State of California Environmental Protection Agency. Under Prop 65 businesses are, among other things, required “to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment.” [OEHHA website] As reported by the San Francisco Chronicle, BPA is found in hard plastic bottles and dental… Read the full article →

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