Newsletters

05.21.21

COVID-Related Legislation in California

In California legislative updates, Gov. Gavin Newsom signed SB 93 into law, requiring that hospitality industry employers offer workers laid off due to COVID-19 positions based on a preference system, while lawmakers continue to debate, in the form of AB 650, a retention bonus for health care ...


05.21.21

Federal Law Doesn’t Preempt AB 5, Ninth Circuit Rules

In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the state law codifying the “ABC test” established by the ...


05.07.21

Does the Computer Fraud and Abuse Act Reach Cloud-Based Services and Systems?

In today’s data-driven world, the 1980s-era Computer Fraud and Abuse Act (CFAA) continues to be an important legal tool in a company’s toolbox, alongside technical and procedural controls, to protect itself and its electronic infrastructure from unauthorized users and theft.


04.29.21

Employers Required to Provide Paid Leave for COVID-19 Vaccine Shots

On March 12, 2021, New York Governor Andrew Cuomo signed into law immediately-effective legislation requiring New York employers to provide employees with paid leave “for a sufficient period of time” to receive COVID-19 vaccine injections (“Vaccine Leave”).


04.26.21

Lacking Injury, Florida Federal Court Remands TCPA Case to State

Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a TCPA plaintiff’s motion to remand her suit to state court.


04.26.21

Adobe’s $1M TCPA Deal Results in $2,000 Payout for Class Members

A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act and yielding $2,000 payments for class members.


04.26.21

Correct TCPA Exemptions, Industry Group Asks FCC

The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the FCC in a new filing.


04.26.21

Recent FCC Orders Implementing the TRACED Act

In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act—with the goal of complementing the now decades-old TCPA to stem the tide of so-called illegal robocalls.


04.22.21

ADA Ruling Highlights Circuit Conflict Over Web Accessibility

On appeal from the first significant federal trial to address whether brick-and-mortar retailers must maintain an accessible website, the U.S. Court of Appeals for the Eleventh Circuit has held that grocery store chain Winn-Dixie Stores Inc. need not make its website accessible to blind people.


04.20.21

Claim Term ‘Target’ Held Indefinite Because Inanimate Object Cannot Set a Goal

In Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., the Federal Circuit held that the claim language “the AM and PM unit dose forms further target a mean % time” as indefinite because the phrase was incomprehensible.