The speaker will discuss the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, where the Court held that the federal trademark law banning registration of immoral and scandalous marks is a viewpoint-discriminatory regulation of expression that violates the First Amendment. This conclusion was not surprising given the fact that the Court held in 2017 in Matal v. Tam that a similar law denying registration to potentially disparaging marks was an unconstitutional regulation of the viewpoint of expression. While some commentators believe that Tam and Brunetti require the U.S. Patent and Trademark Office to register expression that is hateful, profane, vulgar, or otherwise offensive, trademark applicants still need to prove that their marks are distinctive and function as trademarks that identify a single source of goods or services. Thus, such marks may be refused registration on lack of distinctiveness or failure to function grounds. Moreover, the Justices suggested that Congress could draft a more narrow provision that would survive First Amendment scrutiny, such as a law banning registration of expression that is obscene, vulgar, or profane. Read more
This program offers 1 hour participatory MCLE credit, plus legal specialization in Workers’ Compensation Law. You must register in advance to participate. One of the most difficult (and necessary) tasks facing an applicant’s attorney in workers’ compensation practice is achieving the joinder of the Uninsured Employers’ Benefits Trust Fund (also known as UEBTF or UEF) in a case where the attorney’s client is unlucky enough to work for an uninsured employer. This webinar will focus on one simple question often… Read more
In this session focused knowing and complying with the Rules of Professional Conduct, we will discuss techniques for building trust, reliability, and expertise through strategic relationship development. Read more
This course canvases some of the most recent and significant cases and legislative developments in mediation and arbitration– at state and federal level - and puts them into historical perspective. Read more
California felony sentencing law includes various sentence enhancements for: 1) crimes that involve the use of a gun; 2) crimes that involve members of a street gang; and 3) sexual offenses under certain circumstances. In many cases, the sentence on the enhancement is greater than that for the underlying crime being enhanced. This webinar will discuss the firearm use enhancements, gang enhancements, mandatory consecutive sentencing rules in sex cases and the “One-Strike” sex statutes. Read more
This webinar will provide you the basic sentencing rules you need to be able to handle most sentencing situations. You will learn about sentencing triads, the Three Strikes Law, how to calculate determinate sentences with multiple consecutive counts, how to know where the client will serve their sentence, and whether they will be supervised afterwards. Read more
Why don’t more cases settle in mediation? Surely, mediation can be more successful than it usually is. Few situations re more uncomfortable than driving away from a mediation with your client in the car, after a case didn’t settle. This webinar looks at what attorneys can do in mediation, when advocating for their clients, to increase the probability that their mediations actually settle. Seasoned mediators have taken hundreds of hours of classes and workshops in mediation and negotiation strategy, and have facilitated hundreds or thousands of negotiations. Most attorneys never get to see all of the skills a mediator has because they never make the mediator work hard enough to see their mediator to utilize those skills. Read more
This program offers 1 hour participatory MCLE credit, plus legal specialization in Workers’ Compensation Law. You must register in advance to participate. Are you taking the workers’ compensation specialization exam this year? Has it been awhile since you’ve taken a timed essay? Do you think IRAC is a foreign country? If so, this webinar is a must have for your exam preparation. Each of the two weeks, will cover two of the four essays contained in the examination preparation packet released… Read more
This program offers 1 hour participatory MCLE credit, plus legal specialization in Workers’ Compensation Law. You must register in advance to participate. Learn how the WCAB has defined “catastrophic” injury in their newest en banc decision Wilson v. State of California, and how this process will affect post -2013 psychiatric disability cases under L.C. 4660.1. Speakers: Richard M. "Jake" Jacobsmeyer and Julius Young Read more