All posts by Brown Wegner McNamara LLP

Brown Wegner McNamara LLP weighs in on the Supreme Court’s landmark T.C. Heartland decision

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The United States Supreme Court’s recent decision in T.C. Heartland, LLC v. Kraft Foods Group Brands, LLC (Case No. 16-341) addressed the venue rules in patent infringement cases. As counsel for the Orange County Intellectual Property Law Association, Brown Wegner McNamara LLP filed an amicus brief in the United States Supreme Court supporting the petitioner. The Firm argued that, properly construed, 28 U.S.C. section 1400(b) is the sole and exclusive provision governing venue in patent infringement actions, and that as a result, a corporate defendant may only be sued in the district in which it “resides”—not any state in which it may be subject to personal jurisdiction. On May 22, 2017, the Supreme Court agreed with petitioner’s and the Firm’s position, holding in an 8-0 decision that a domestic corporation “resides” only in the state of incorporation for purposes of the patent venue statute, and that plaintiff in a patent…

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Spoliation of Evidence: Bill Brown, Hon. Nakamura, and Hon. Derek Hunt Speak at OCBA Event

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The rise of numerous and varied forms of Electronically-Stored Information [ESI] has significantly changed the landscape regarding destruction, suppression and oversight of evidence, particularly concerning non-traditional forms of ESI such as Facebook, text messages, and online video. On December 4, 2015, in a presentation before the Orange County Bar Association Business Litigation section, speakers Hon. Nakamura, Hon. Derek Hunt, and Bill Brown discussed the growth of ESI, best practices in preserving ESI, and the latest case law and guidance concerning spoliation of evidence. Hon. Nakamura began the discussion with an overview of spoliation causes of action in California state courts. Overall, he noted, the recent trend in California is clear. California appellate courts, through decisions in Strong v. State, 201 Cal.App.4th 1439 (2011) and Rosen v. St. Joseph Hosp. of Orange Cnty., 193 Cal. App. 4th 453 (2011) have narrowed the scope of spoliation causes of action. Under current case law, there…

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Tackling Difficult Depositions: A Presentation by Bill Brown and Matthew Wegner

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On September 29, 2015 BWM LLP partners Bill Brown and Matthew Wegner presented a depositions seminar for the OCBA Young Lawyer’s Division. Through short, humorous video clips of downright awful deponents, Brown and Wegner discusses the various pros and cons of approaching the “hot-headed”, “egomaniacal”, or forgetful witness. Above all, Brown and Wegner reminded attendees to stay calm and professional, to refrain from engaging witnesses in their bad behavior, and to always make sure to create the record.

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Stephen McNamara Assumes Chair of OCBA Business Litigation Section in 2015

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Stephen McNamara, partner at Brown Wegner McNamara LLP, assumed his role as Chair of the Orange County Bar Association, Business Litigation Section for 2015, having been elected in 2014. The Business Litigation Section’s held its first event of the year, “What’s New In 2015”, at the Doubletree Hotel in Santa Ana, CA. This sold-out event featured a Jeopardy-style comprehensive review of rule changes, statutory amendments and case law developments affecting business litigators in 2015.

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Associate Lily Y. Li Joins Firm

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The firm welcomes Lily Y. Li as a new associate. A graduate of Duke Law School and Williams College, Lily Li brings valuable industry expertise as former patent strategist and director of business development at IP Checkups (a Berkeley-based patent valuation firm). Prior to joining Brown Wegner McNamara, Lily Li was a lead attorney at an employment litigation boutique, and successfully settled various wrongful termination, FEHA harassment and discrimination, and whistleblower cases. Read Lily’s full biography here.

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