Ervin Cohen & Jessup LLP

Opportunities for insisting on independent counsel

Civil Code section 2860 authorizes the retention of independent counsel in the event a conflict of interest arises between the insurer and its insured. Under the statute a conflict of interest is deemed to arise “when an insurer… more

Commercial General Liability Policies, Commercial Insurance Policies, Conflicts of Interest, Defense Strategies, Independent Counsel

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Clients Want Golden Retrievers Not Basset Hounds

Today’s Take: Clients Want Golden Retrievers Not Basset Hounds… more

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SCOTUS Declines to Hear Coke Zero Patent Case

On April 28, 2025, the U.S. Supreme Court declined to hear Celanese International Corp.’s challenge to a Federal Circuit decision which found the company’s patent on the process to create the artificial sweetener used in Coke… more

America Invents Act, Appeals, Intellectual Property Litigation, International Trade Commission (ITC), On-Sale Bar

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Receiver Selling Property Outside The Jurisdiction Of The Receivership Court

Q: I am a California state court receiver in a family law case. The divorcing couple owns property in Virginia and Michigan. I know, generally, that in order for me to sell the property I would have to be appointed ancillary… more

Court-Appointed Receivers, Divorce, Injunctions, Jurisdiction, Marital Assets

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Privacy vs. Innovation: California's Proposed Regulations on AI and Automated Decision-Making

The California Privacy Protection Agency (“CPPA”) has unveiled draft regulations regarding AI and automated decision-making technologies. AI and automated decision-making encompasses systems leveraging machine learning,… more

Artificial Intelligence, Automated Systems, California Consumer Privacy Act (CCPA), Data Privacy, Decision-Making Process

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Landlord: Look Out and Take Notice

Lawyers love obscure rules about giving three-day notices—the kind that California landlords hate. The decision in City of Alameda v. Sheehan, published September 13, 2024, teaches that there is a wrong way to issue a notice to… more

Cal Code of Civil Procedure, Eviction, Landlords, Notice Requirements, Rent

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A Temporary Victory: What the New Anthropic and Meta Rulings Actually Reveal About a Fair Use Defense for Companies Accused of Using Copyrighted Works to Train Generative AI

Until two weeks ago, no U.S. court had ruled on whether training generative AI models on copyrighted works could constitute a fair use, or if the simple act of training such models without a license would constitute copyright… more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes… more

Arbitration, Arbitration Agreements, Arbitration Fees, Class Action, Employer Responsibilities

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No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of Ownership

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the U.S… more

Appeals, Appellate Courts, Corporate Counsel, Dismissals, Motion to Dismiss

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Employment Law Reporter - May 2013: California Court Holds That Piece Rate Employees Are Entitled To Hourly Pay For Waiting Time

Like many other auto dealerships and other employers throughout the state, Downtown LA Motors, LP (“DLAM”), a Mercedes Benz dealership, compensates its service technicians on a piece rate basis. Under their system, technicians… more

Piece-Rate Pay, Unpaid Wages, Wage and Hour, Wages

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Consolidated Appropriations Act: Additional Paycheck Protection Program Loans

Our previous articles have summarized the Paycheck Protection Program (“PPP”) created under the Federal CARES Act: CARES Act: Paycheck Protection Program Loans, CARES Act: Loan Applications, and CARES Act: Loan Forgiveness… more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Funding

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California Weighs In: No Mandatory Arbitration For Dispute Over Validity Of Trust Instrument

A hot topic in estate planning these days is whether mandatory arbitration clauses should be included in trusts. The idea is to require trust beneficiaries to arbitrate their disputes rather than going through the time and… more

Arbitration, Estate Planning, Mandatory Arbitration Clauses, Trusts

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Property Tax Assessor Presumed Too Much

Even though property acquired during marriage is presumed to be community property, for property tax change in ownership purposes the Los Angeles County Property Tax Assessor’s Office believes otherwise. Fortunately, the… more

Board of Equalization, County Assessors, Divorce, Marital Assets, Property Owners

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Coronavirus Advice for Creditors

During this unprecedented time of uncertainty, landlords, financial institutions, vendors, suppliers, and other creditors will undoubtedly be affected. Due to the closure of most businesses which are considered non-essential, it… more

Business Closures, Coronavirus/COVID-19, Creditors, Eviction, Financial Institutions

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SCOTUS Declines to Hear Coke Zero Patent Case

On April 28, 2025, the U.S. Supreme Court declined to hear Celanese International Corp.’s challenge to a Federal Circuit decision which found the company’s patent on the process to create the artificial sweetener used in Coke… more

America Invents Act, Appeals, Intellectual Property Litigation, International Trade Commission (ITC), On-Sale Bar

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The Future of Copyright Enforcement: A Pivotal Supreme Court Case for the Digital Age

On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory… more

Certiorari, Contributory Infringement, Copyright, Copyright Infringement, Cox Communications

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2025 IRS Mileage Rates Have Been Announced

The 2025 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased or remained unchanged from 2024, when rates were last modified… more

Deductible Expenses, Employee Benefits, Federal Taxes, Income Taxes, IRS

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Patent Reform — First to File is Finally Here

As of March 16, 2013, the USPTO officially switched to the first-to-file system—from the first-to-invent system that had previously been a hallmark of U.S. patent law. Part of the America Invents Act, which was enacted… more

America Invents Act, First-to-File, First-to-Invent, Patent Reform, Patents

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California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative… more

Appellate Courts, Arbitration, Employment Litigation, Labor Code, Labor Law Violations

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EEOC Issues Anticipated Final Guidance On Harassment Claims

The Equal Employment Opportunity Commission issued its long-awaited final guidance on harassment claims, which went into immediate effect… more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Compliance, Employment Discrimination

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Think You Are Protected by the Clear Terms of a Written Contract? Think Again!

The California Supreme Court just released a significant new decision dealing with the parol evidence rule that changes the law dramatically in California. The case name/citation is Riverisland Cold Storage, Inc. v… more

Fraud, Loan Modifications, Parol Evidence, Riverisland

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San Francisco Establishes Family Friendly Workplace Ordinance

The fog has cleared on the San Francisco Family Friendly Workplace Ordinance. Starting on January 1, 2014, San Francisco employers with 20 or more employees must allow any employee who is employed within the geographic… more

Caregivers, Family-Friendly Workplace Ordinance, Flex-Time Policies, Flexible Work Arrangements

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Wireless 101: Maximizing the Value of Your Wireless Lease

You’ve been approached by a wireless carrier to lease space on your building or property—now what? While rent is an important consideration, you should keep in mind other ways to generate revenue in the future, including… more

Commercial Leases, Commercial Property Owners, Contract Negotiations, Revenue Sharing, Right of First Refusal

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