Category Archives: News

Heed Caution with Embedded Copyrighted Content

Posted on by Faith Pincus
embedded
02 Mar

This blog post on Lexology from Robert Laplaca discusses a recent case in the United States District Court of the Southern District of New York regarding websites’ usage of embedded Twitter posts in their content.

In the case Goldman v. Breitbart News Network, LLC, District Judge Katherine Forrest stated that using embedded content from another website still leaves the user liable to claims of copyright infringement.

Judge Forrest said, “Having carefully considered the embedding issue, this Court concludes, for the reasons discussed below, that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result.”

United States District Court of the Southern District of New York. Goldman v. Breitbart News Network, LLC. 15 Feb. 2018, www.eff.org/files/2018/02/15/goldman_v_breitbart_-_opinion.pdf.

Cryptocurrencies Draw California Lawmakers’ Attention

Posted on by Faith Pincus
26 Feb

Cryptocurrencies like Bitcoin have been around for years, however, lately they’ve been a hot topic in the news and among attorneys.

This blog post from Jennifer Post, of Thompson Coburn, sheds some light on the issue. Jennifer will be speaking at our Cryptocurrencies, Blockchain & Initial Coin Offerings seminar in June 2018.

Virtual currencies remain largely unregulated, as well as the activities which support them (exchanges, wallets, etc). However, due to sudden interest from investors and the creation of several new cryptocurrencies, state lawmakers are beginning to consider how they should regulate these activities.

California has introduced the Virtual Currency Act (A.B. 1123), which would require those involved in a “virtual currency business” in California to first register with the state’s Commissioner of Business Oversight. A.B. 1123 defines a “virtual currency business” as any business “maintaining full custody or control of virtual currency in this state on behalf of others.”

Learn more by reading Jennifer’s post and at our upcoming Cryptocurrencies, Blockchain & Initial Coin Offerings seminar in June 2018.

Court says Tinder doesn’t get to charge older customers more

Posted on by Faith Pincus

Good news for Tinder users over the age of 30. Tinder – the swipe one way or the other if you are interested in someone (or not) dating app – just got smacked for charging older customers more than those under thirty for Tinder’s premium services.

We just found this blurb Winston & Strawn attorney Ryan P. Glove on the new California Lawyers Association’s Advertising law related Blog and wanted to pass it along:

A California Court of Appeals recently found that Tinder’s practice of charging users over the age of 30 an additional $10 for premium services violates the Unruh Civil Rights Act and the Unfair Competition Law. The court rejected Tinder’s argument that its pricing model was not discriminatory because it based pricing on market research which shows that users under 30 have less means to pay for premium services and therefore require a discount. Although certain age-based pricing structures have been upheld in the past, the appellate court held that Tinder’s pricing model is discriminatory because it employs an “arbitrary, class-based, generalization about older users’ incomes as a basis for charging them more than younger users,” and Tinder did not provide compelling public policy justifications for the alleged discriminatory pricing.

Ian Samson and Paul Traina are our latest Featured Speakers!

Posted on by Faith Pincus
07 Feb

Our latest Featured Speakers are Ian Samson and Paul Traina of Stalwart Law Group!

Ian Samson is an experienced litigator and trial lawyer who will speak at our upcoming Mastering the Deposition seminar in Los Angeles, on February 23rd, 2018.

Ian first spoke for us back in 2016 for Federal Court Boot Camp and has been a repeat speaker for both federal and superior court boot camps since. Seminar attendees rave about his insight, clear examples, and knowledgeability.

Ian represents clients in catastrophic injury matters, whistleblower litigation, class actions, professional liability cases, and commercial litigation. Innovative, tireless, and always willing to go the extra mile for his clients, he has gone toe-to-toe with some of the most highly-regarded law firms in the nation.

Equally comfortable arguing a specific point of law to a federal court judge as he is explaining the big picture to a state court jury, he uses every aspect of his experience to get the best possible result for his clients. Ian is a member of the Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California, and Public Justice.

And Paul Traina, an experienced, fiercely competitive litigator and trial lawyer, will also speak at our upcoming Mastering the Deposition seminar.

Paul first spoke for us a while back at our Wage & Hour Class Action seminar, and has returned to speak at many of our litigation related seminars year after year, due to his great evaluations.

Paul has practiced law for the past 25 years. He spent his first five years representing automobile manufacturers and insurance companies, and the last twenty years representing consumers on a pure contingency basis. Paul has obtained verdicts and recoveries for his clients totaling over 3 billion dollars. He has, and continues to represent clients in matters involving catastrophic injuries, defective products, whistleblower litigation, class actions, professional liability cases, and business/commercial litigation.

Paul is a frequent guest lecturer at Loyola Law School’s Trial Advocacy Class. He has lectured around the country about class actions, conflicts of interest, opening and closing arguments, and direct and cross examinations of both lay and expert witnesses. Paul is a member of the Consumer Attorneys Association of Los Angeles and Consumer Attorneys of California.

Wet Weather Tips for Your Best Friends

Posted on by Erik Knepfler

As you know, at Pincus Pro Ed, we are huge animal lovers. While we are lucky enough to be based in Los Angeles and away from the worst of winter weather, we wanted to take a moment and share some wet weather tips from Los Angeles Animal Services.

1. Go outside with your dog.
If you normally just let your dog out in the backyard, you may need to actually go with him or her when it’s raining.  Taking your dog for a short walk or stepping out in the yard with them will make your best buddy feel safer and it’s more likely that they will feel comfortable enough to go potty.
2.  Use positive reinforcement and treats.
Just like potty training, bring a few treats when you take your dog outside and reward them after they “go.” Be sure to praise them enthusiastically as well.
3.  Plan ahead.
Watch the weather and take advantage of bringing your dog outside during a lull in the storm. Your pooch will more likely be open to going outside when it’s sprinkling than when it’s pouring rain. Also, think about your walking route. Avoid busy streets where cars will splash through puddles and drench you both and potentially scare your furry family member.
4.  Stay dry.
If your dog doesn’t mind getting dressed up, try purchasing a doggie rain coat and boots for them or grab a large umbrella to shield them from the rain drops. When they get wet, keep a towel on hand so you can quickly dry them off when you return to the house to avoid water and mud on your floors and furniture.
5. Play indoors.
If your dog is used to going outside and running around during the day you’ll want to provide them with indoor activities when it rains for long periods of time. Teach them a new trick, give them a new chew toy, play hide in seek or let them figure out a puzzle feeder or Kong ball that you can pick up at your local pet store.
Some pets do not like rain and some do but regardless, remember companion animals want to be with you! They are safer and dryer inside with you during rain storms, where they can spend their time doing what they do best: being your best friend.
For more from Los Angeles Animal Services you can see their website. They offer adoption, licensing and veterinary services for pets.

The New Pot Com.

Posted on by Erik Knepfler
As most everyone in California knows, beginning January 1, recreational marijuana is available for purchase by anyone 21 years or older.According to The Recorder, a study from the University of California Agricultural Issues Center at UC Davis, estimated the state’s recreational marijuana sales could reach $5 billion a year, though other studies are estimating $100,000 million for the first year. Either way – it is going to be a huge economic boom. We’re calling it the new Pot Com.

Companies are also prepping for the inevitable regulations that will come with legalized marijuana and marijuana is about to become big business. That comes with large legal departments and legal services provided by attorneys at all sizes of firms and in a variety of legal specialties, as we have said before.

You can get the latest story from The Recorder here.

Also, if you are interested in learning more about the legal aspects of the cannabis industry, be sure to check out our recorded seminar Marijuana Law and Practice 101 held in California in 2017.

Access-to-Justice Donations You Should Be Making

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If you are making charitable donations this year, consider organizations that increase access to justice. Organizations that work to improve access to justice work with people to improve communication tools, transportation and more. From internet access, to transportation, to housing. There are many organizations out there doing great work and ensuring more people have access to the services they need.

This article from Lawyerist.com outlines many of the different options you have when making a charitable donation. You can read the full article here.

Their suggestions range from organizations helping with internet access such as Equitable Internet Initiative and Foundation for Rural Service, groups focusing on transportation like Neighbor Ride and Wheels of Success and groups who focus exclusively on keeping the doors of America’s Public Libraries open.

Even providing housing to individuals improves access to justice. If you don’t know where you are going to sleep, legal issues take a backseat. Government resources for housing are stretched thin and many private organizations have stepped in to fill the need for individuals with month-to-month or even day-to-day housing needs.

Jim Allen is our latest Featured Speaker

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Jim Allen is our latest Featured Speaker!

Jim is a retired Assistant County Attorney for Miami Dade County and has been sharing his experience with our attendees since 2014, when he first spoke at our Circuit Court Boot Camp in Ft. Lauderdale. Since then, Jim has been a frequent speakers at many of our litigation programs. Most recently, he spoke at Mastering the Deposition and Brief Writing in Ft. Lauderdale. Next year, Jim will join us again for our 5th Annual Circuit Court Boot Camp in Ft. Lauderdale.

In addition to providing excellent tips and litigation strategies, Jim always provides thorough handouts and additional materials that attendees rave about.

Jim Allen
Former Assistant County Attorney, Miami-Dade County

Jim was Chief of Training and Development, while continuing to maintain a full caseload in state personal injury and federal civil rights actions.

As a litigator, Jim has practiced extensively in federal and state court at both trial and appellate levels. He has litigated and tried numerous cases involving serious wrongful death and civil rights allegations, including a taking action claiming in excess of 100 million dollars in damages. Jim has also handled numerous state and federal appeals, including a case filed in the U.S. Supreme Court.

After law school, Jim clerked for the Honorable James R. Jorgenson, Florida Third District Court of Appeals.  Jim is a graduate of the University of Wisconsin, J.D., Cum Laude, 1980.

Harry Chamberlain is our Newest Featured Speaker

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Harry Chamberlain of Buchalter Nemer P.C. is our latest Featured Speaker!

Harry is another Appellate Specialist who will be speaking at the upcoming Advanced Appellate Conference in January.

Harry first spoke for us back in 2012. Harry was a joy to work with and attendees loved his presentation. He has been back to speak at multiple appellate seminars, including our 2016 and 2017 Advanced Appellate Conferences and our 2017 Exam Prep course in Appellate law.

Harry Chamberlain II
Buchalter Nemer P.C.

Harry Chamberlain co-chairs the Appellate and Complex Litigation Practice Group at Buchalter Nemer, P.C. with regional offices across California. Harry is an experienced litigator who has represented Fortune 500 companies, public and private sector clients in complex litigation for 35 years. His trial and arbitration practice focuses on the representation of business, professional and public entity clients with special concentration in post-trial remedies, writs and appeals.

He is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, having argued hundreds of appeals in state and federal courts around the country, including numerous cases before the California Supreme Court and the highest courts of other jurisdictions.

Before joining Buchalter Nemer, Harry’s experience included in-house corporate practice as general counsel, and managing the law department of major market U.S. liability insurers and financial service companies.

Harry serves on the Board of Trustees of the Los Angeles County Bar Association and is past president of the Association of Southern California Defense Counsel and California Defense Counsel, preeminent regional associations of civil defense trial attorneys.