Legal Pad

IP Twist in the Prop 8 Kerfuffle

OK, a trial that's either about the 1) historic imperative to extend a basic civil right to a routinely persecuted minority, or b) a crisis that threatens our children, religious expression and the sanctity of heterosexual marriage, depending on how you vote, is more than a "kerfuffle."  But this next thing here, this is definitely no "brouhaha." It's barely a "flap."

The SF Gate's Scavenger blog reports that the righteous forces of Yes on 8 are not amused that their stick-figure logo for straight families united against unstraight families has been parodied (or, hey, infringed) by the folks from across the aisle (political aisle, not the one a wedding party walks).

A pro-marriage-equality group parodied the ProtectMarriage.com logo for its Prop 8 Trial Tracker site (hope they're following Dan Levine's daily stream of insightful courtroom tweets).  And, shockingly, the ProtectMarriage people turn out to be kinda upset about it. I know, who saw that coming?  So we have a suit for infringement, blah blah.  We present the logos of both sides for your consideration.

And we offer this thought: the Trial Tracker folks' parody consists of making the figure wearing pants wear a dress, suggesting that the little blue children Have Two Mommies, as they say. Oh, and like a cadre of Cosmo photo editors, they shave a little weight off the figure's waist.  It's funny, and stick-figure iconography has to be simple and clear, but it's still kind of ironic that a group opposing small-minded limitations in gender roles resorts to "(skinny) girls wear (short) skirts" to make their point*.  

— Brian McDonough

*And before you hit me with the obvious, I quote from the Tracker website: "Just so we are clear on intent. We asked our graphic designer for a lesbian couple, not two men in drag."

Rounded Up: California Prisons Continue to Make News

A 27-year-old Marine from California who used Craigslist to organize the violent rape of a former girlfriend has been charged with five felonies. [Sac Bee]

The California prison system continues to make news:

SCOTUS rejected Gov. Schwarzenegger's attempts to block a state judicial panel from ordering the release of some 40,000 prison inmates. [SFGate]

And the Fourth District Court of Appeal ruled that California could be held liable if prison employees are negligent in the care of inmates' babies. [LAT]

A Sacramento Superior Court judge has ruled that a lawsuit blocking the construction of a new Wal-Mart in suburban Sacramento may proceed. The suit was brought by a local residents' group. [Sac Bee]

A Boston-area software developer wants in on the $65 million Facebook/ConnectU settlement. [Legal Blog Watch]

California Micro Device Corp. has signed a memorandum of understanding, indicating it has reached a settlement in the class action lawsuit filed against it in connection with its acquisition by ON Semiconductor Corp. [RTT News]

— Cynthia Foster

Rounded Up: SCOTUS and Schwarzenegger Butt Heads Over Inmate Releases

Silicon Valley "social entrepreneur" is one of three Dems in a state Assembly race that has attracted attention. [Mercury News]

SCOTUS pushed the pause button on Gov. Schwarzenegger's play to block the release of some 40,000 prison inmates. [LAT]

A California appeals court and the Ninth Circuit disagree on the conviction of a woman accused of shaking her infant grandson to death in 1997. [Sac Bee]

U.S. District Judge Florence-Marie Cooper, well known for her a $1.1 million sanction against Los Angeles during the wrongful death case brought by the family of rapper Notorious B.I.G., has died after suffering a stroke. [LA Legal Pad]

In 2007, the family of a young woman who died in a terrorist bombing in Jerusalem won a $13 million judgment against Iran. In trying to collect on the judgment, however, the family has run into opposition from the U.S. government. [LAT]

Has Prop 13 been shielding wealthy Los Angeles-area golf courses and clubs from paying the same taxes homeowners in the area do? [LAT]

— Cynthia Foster

Rounded Up: Gates Grows, Seyfarth Lays Off, Wineries Celebrate, Cyclists Fume

K&L Gates Chairman Peter Kalis.

Two from our pals at the AmLaw Daily:

• K&L Gates reports 8 percent growth, with revenue passing $1 billion!  The good times are back! (AmLawDaily)

• Seyfarth Shaw lays off 20 attorneys, 20 staffers!  No they're not! (AmLawDaily)

Elsewhere in the news:

• Good news for Napa: A Massachusetts law that sharply restricts out-of-state winemakers from shipping their products directly to consumers in the state is unconstitutional, the First District Court of Appeal ruled. (AP via ABC News)

• SF bike advocates push "common-sense" changes in state law so that when they're hit by cars, it'll be harder for the drivers' lawyers to blame the cyclists. (SFstreetsblog)

— Brian McDonough

Rounded Up: Jerry Brown, Conan O'Brien & Big Brother

 Front page:

• Former SF Chron editor Phil Bronstein looks at Jerry B's all-but-declared gubernatorial bid: "Still, why is he doing this? Knowing him, it's because of his obsessive mission to spend his life solving the deepest political puzzles. In 2012 Brown will be staring at a state rigged for disaster." Whee! Bonus pullquote: "Earlier this year Brown himself called me to plant a possible story about Newsom selling a condo for a suspiciously high price in a distressed market. I thought, Come on, really?" (Esquire)

• The EFF wants to find people whose laptops have been searched at the U.S. border. It and the National Association of Criminal Defense Lawyers want to find plaintiffs for a legal challenge. (BoingBoing)

Entertainment section:

• As soon as we're finished with this post, we can get back to watching clips from the late-night shows.  "O’Brien, who has hired Hollywood attorney Patricia Glaser of Glaser, Weil, Fink, Jacobs, Howard & Shapiro LLP, stands to get $25 million to $50 million if the network replaces him, two people with knowledge of the situation said this week." (BusinessWeek)

• Antwon Tanner, an actor on something called "One Tree Hill," is going to jail. "He pleaded guilty to selling more than a dozen Social Security numbers for $10,000 to an undercover agent." He couldn't claim he was researching a guest spot on CSI: Loserville? (CBS News)

— Brian McDonough

Rounded Up: California's Beleaguered Prisons

The jury deadlocked in the trial of the youngest person to ever be charged as an adult in San Mateo County. The prosecution has elected to retry him. [SFGate]

The Obama birther lawyer, however, does not get a new trial. Is it quiet time for her yet? [OC Register]

The Ninth Circuit has ordered that California's prison population be cut, but the order won't go into effect until SCOTUS has a chance to review. [Sac Bee]

Meanwhile, the Ninth Circuit reviews a lawsuit that alleges racial discrimination at a prison in Northern California. [Sac Bee]

— Cynthia Foster

Rounded Up: No YouTube for Prop 8 Trial and Fiorina Writes Campaign a Check

The U.S. Supremes have blocked the YouTube Prop 8 nightly feed. Instead, you can follow all the action on reporter Dan Levine's Twitter feed. [Air America]

The number of contentious ballot initiatives in California has garnered national attention. [NYT]

L.A. District Attorney Steve Cooley has formed an exploratory committee for his run for California attorney general. Cooley says he has been urged to run by cops and others in law enforcement. [LAT]

Those investigating Los Angeles trial lawyer Jeffrey Tidius's murder are turning to his pro bono work for clues. [LAT]

Hewlett Packard's Carly Fiorina has loaned her Senate campaign $2.5 million, despite her early claims that she didn't have the money to "self-fund." [OC Register]

— Cynthia Foster

Rounded Up: State Furlough Drama and the Ninth Circuit Takes on Tasers

Even as furloughs continue, Schwarzenegger announces paycuts will replace them as money-saving measures. [Sac Bee]

Two Oakland police officers are demoted after a report is released detailing their "blunders" and "lack of leadership" during the fatal encounter with felon Lovelle Mixon. [SFGate]

SF Superior Court granted the SF Bay Guardian's lien request, allowing the paper to assume control of over $21 million in assets from rival SF Weekly's parent company Village Voice Media. [SFGate]

The Los Angeles trial of BART cop Johannes Mehserle will proceed without cameras. [SFGate]

A Ninth Circuit decision ruled that police officers are liable for excessive use of force when brandishing a Taser. [Union-Tribune]

The court-appointed attorney for one of Jaycee Dugard's alleged kidnappers, Nancy Garrido, has been kicked off the case for the second time. [Sac Bee]

Former state legislator Walter Karabian, 71, has been charged with assault for allegedly ramming his car into a parking attendant several times after she refused his entrance into a parking structure during a USC football game. Filed under: WOW. [LAT]

Cynthia Foster

Rounded Up: California Settles With Big Pharm, Wells Fargo Escapes Lending Suit

A member of the accused band of insider traders led by Raj Rajaratnam of the Galleon Group has pleaded guilty to one count of securities fraud. [NYT]

California and 23 other states settle with pharm companies Abbott and Fournier for $23 million. The former sued the latter for "illegally blocking" cheaper generic drugs from reaching the market. [YubaNet]

An Oakland Police Department independent report blasts the "ineffective and poorly managed" manhunt for Lovelle Mixon, the man who ultimately shot and killed 4 OPD officers after a massive stand-off. [Oakland Tribune]

Pillsbury cuts first years' salaries. [ATL]

Protesters have rallied against 50 years-to-life sentences for two teens involved in a drive-by shooting in downtown L.A. The teens maintain they were passengers, and not shooters. [LAT]

Roman Polanski, the celebrated director who is accused of raping a 13-year-old girl over 30 years ago, has asked a Los Angeles judge to sentence him in absentia. [LAT]

A U.S. District judge has dismissed a lawsuit brought by the city of Baltimore, MD against Wells Fargo. The city claimed the bank caused millions of dollars in damage by engaging in racist predatory lending tactics. [SFGate]

— Cynthia Foster

Rounded Up: Chalk One Up for Consumers and the SF Bay Guardian

The Second District Court of Appeal ruled that consumer groups who successfully sue insurance companies over rate hikes are eligible to receive payment of legal fees. [SFGate]

An NALP commission is set to review the summer associate recruiting process at both the law firm and law school levels. [AmLaw Daily]

Things between the SF Weekly and SF Bay Guardian are testier than ever. Most recently, the latter is seeking a court order allowing it acquire a stake in all the property of SF Weekly's parent company, Village Voice Media, in order to continue collecting on $21 million it's owed. [SFGate]

— Cynthia Foster