Ken Sterling, Esq., MBA

Our California clients ask us this question ALL the time! . And I'm sure you're wondering too. . The answer? . It depends. . The USPTO provides Trademarks for businesses that comply with Federal Law. . And the Federal Controlled Substances Act (CSA) prohibits the manufacturing, distributing, and dispensing controlled substances, including marijuana. . But in December 2018, a new Federal Law called the “Farm Bill” was enacted, which removed “hemp” from the CSA's definition of marijuana. . The definition of “hemp,” as the Federal Government defines it, is still pretty complex, making the possibility of trademarking weed-based products a murky one. . But on the brighter side, the 2018 Farm Bill potentially removes the CSA as a ground for refusal of registration, but only if the goods are derived from “hemp.” . What do you think? . Should we be able to trademark weed-based products? . Tell us in the comments below! . #ForTheCulture . #IAmWhatATrademarkAttorneyLooksLike . #Trademarks #Copyrights #LicensesForSocialImpact . #LetsPlayBig . #SocialImpact . #Blessed ————— If you're interested in scaling your brand through trademark, copyright, or licensing, let's work together:https://lnkd.in/gmAZtvSp ————— To Join Our Free Founders Community for Social Impact, Click Here: https://fftc.substack.com/ . 📸 @workplaybranding

1

Today, California Governor Newsom signed SB 1223 into law, such that California will recognize neural data as a category of sensitive personal information. Below is our updated sensitive data comparison chart. In addition, Governor Newsom has (to date) taken the following actions on the bills we have been tracking: ➡️Signed: SB 942 (California AI Transparency Act) AB 1008 (personal information in AI systems) AB 2013 (generative AI training data transparency) AB 2885 (definition of AI) ➡️Vetoed: AB 3048 (opt-out preference signals) AB 1949 (kid’s privacy) We are still waiting on SB 1047 (“Safe and Secure Innovation for Frontier Artificial Intelligence Act”) and AB 1824 (Recognition of Prior Opt-Outs in M&A Deals).

192

9 Comments

Generative artificial intelligence and copyright: Who owns the rights? I'm happy to report that my regular column in the Los Angeles Daily Journal focuses on two major legal issues related to artificial intelligence - can an AI model be trained without the permission of the owner of the information; should the author of the prompt own the result of the AI work? 

2

On July 2, 2024, the California State Assembly Judiciary Committee passed SB-1047, following its passage by the Senate on May 21, 2024. The bill aims to curtail the risk of novel threats to public safety and security that lie beyond our current AI landscape and follow in the footsteps of Colorado’s SB205, widely considered the first comprehensive AI legislation in the United States. #AI #California #Security

2

🔍 Debunking the Myth About Legal Fees in California 🏛️ Many believe that in a lawsuit, the losing party must cover the winner’s legal expenses. This misconception can lead to misguided legal strategies and unexpected financial burdens. In reality, California follows the "American Rule," where each side generally pays their own attorney fees unless specific exceptions apply. Our latest blog post, "Attorney Fees in California Legal Disputes: A Guide for Law Makers," explores this topic in depth. Discover how understanding the true implications of legal fees can shape more effective litigation strategies and fairer contract negotiations. #LegalFees #CaliforniaLaw #ConstructionLaw #LegalStrategy #AttorneyFees #MeritLawFirm https://lnkd.in/g7yS-SGi

2

California recently amended/expanded its #rightofpublicity law to protect the post-mortem rights of #entertainers, #musicians, and #athletes from having their likenesses #ai-generated without authorization. The legislation effectively empowers the family or estate to manage and control the deceased individual’s digital legacy so that their name, image, and likeness | #NIL isn't exploited for profit.  Cowan, DeBaets, Abrahams & Sheppard LLP law firm Partner Nancy Wolff expertly analyzes and explains. #sportslaw #entertainmentlaw #iplaw #privacy #deepfakes | Quintel Intelligence

14

4 Comments

🎥 New Law & Ethics Exam sample question videos ✅ The California BBS has put out new sample questions for its Law & Ethics Exams. They have three questions for each exam, and they tell you the right answers, but they don't explain *why* those answers are correct. So I've created a separate video for each L&E exam, talking through those new sample questions and providing rationales. Check them out: California LMFT Law & Ethics sample questions: https://lnkd.in/g72y5Uhf California LPCC Law & Ethics sample questions: https://lnkd.in/gCDCiTZA California LCSW Law & Ethics sample questions: https://lnkd.in/gUkkQJtQ #amft #apcc #asw #examprep #testprep

2

Gain insights into how California Courts of Appeal, whose decisions are binding on all superior courts in the state, ensure consistent application of the law across California. Learn about the appellate system's critical role in reviewing trial court decisions, safeguarding individual rights, upholding the rule of law, and shaping the state's legal landscape. Join us to enhance your cross-border perspective on judicial processes and engage with fellow legal professionals. Don't miss this opportunity to expand your expertise and network with peers from around the world! Learn more at bit.ly/2024-pilar #litigation #CrosborderLitigation #TrialAttorneys #LitigioMex_US

7

Key advice from Ann for outside counsel: sometimes winning the case you’re handling isn’t the most important thing to the client.

22

Art of the Plea Deal: 95 % of criminal prosecutions result in conviction by a plea deal. This rate is very similar to settlements in family court. This is the plea deal accepted by Dan Pulcrano, the largest independent newspaper publisher in the San Francisco Bay Area, and a competitor. In 2010, a San Jose University Police officer pulled Pulcrano over for speeding. Pulcrano raced through the streets of San Jose, going upwards of 95 MPH, according to police reports. Pulcrano then pulled into his San Jose home and tried to close the garage door on the police officer. Ultimately, it was determined that he had been out " drinking with Russians" and had a blood alchohol over the legal limit. Pulcrano was represented by Steven Clark, a criminal defense attorney who like Pulcrano had been invited to the secret judge BBMP meetings with the judges Pulcrano would appear before in a criminal DUI case. Looking at the court file, hard to imagine that the BBMP did not influence legal outcomes and media coverage. Note: Pulcrano's DUI arrest and prosecution was not reported on by any area BBMP invited news outlet, including any paper owned by Pulcrano. Killing a story can play a big role in jury nullification. Meaning it only takes a news report to make a defendant empathetic to a jury, which stands to undo the prosecution's entire case. Charging in this case was light, only three counts which should have been many. Proseuctor Mendoza handled the case as it bounced around to different judges, before landing the plea as Jeff Rosen was elected district attorney. A young San Jose State University police officer was an actual witness who watched Pulcrano race through town and attempt an escape by trying to close the garage door on the cop. Pulcrano's attorney was not only a BBMP member, he was the go-to media lawyer pulled into the news when reporters needed a quote. As a BBMP member, criminal defense attorney Steven Clark sat with judges ruling in criminal cases, where a nod or whisper of familarity could change a judge's opinion or ideas, moving the needle on the discretion. Compared to other similar cases, Pulcrano got a sweetheart plea deal. It would have been a tough case for a criminal defense attorney before a jury so Clark went to work early. Plea deals are like settlement agreements. They are made up by lawyers and approved by judges. Entering into plea deals is much like entering into a settlement, only nobody explains the rights you give up in a settlement. This week we take on the similarities and differences between criminal and family court cases. When the deal is fair and good, justice is served. Without funding to have a jury hear more than 5% of cases actually brought by the district attorney, coercive plea deals become a playbook similar to the playbook used by divorce attorneys in family court.

14

1 Comment

We've said it before - failure to comply with local regulations can lead to costly fines. If you have concerns over this new California law, contact eTeam for a free, confidential assessment of your current independent contractors, or message Jim Holcomb, CCWP directly! #compliance #california #contractors #fines #independentcontractors

6