Newsletters

11.15.22

Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide ...


10.28.22

Contract Terms Protect Seller From Marketer’s TCPA Violations

A contract prohibiting Telephone Consumer Protection Act violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court.


10.28.22

Company Policy Protects TCPA Defendant

Evidence of a company policy requiring employees to inform customers about receiving texts helped a Telephone Consumer Protection Act defendant win a partial summary judgment motion in Texas federal court.


10.28.22

TCPA Suit Over Doctor’s Calls Fails

A doctor’s calls to his patients informing them of his plans to reduce his caseload and encouraging them to join his new, limited practice fell under the “health care messages” exception to the Telephone Consumer Protection Act, a Maryland federal court found, granting the ...


10.20.22

Bots Beware: Website Chat Bots Become Latest Target for California Class Actions

California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service representatives.


10.20.22

DOL Releases New Rule on Worker Classification

On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.


10.20.22

California Employers Face Privacy Law Requirements

Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.


10.20.22

Costly Lesson in California Court to Pay Arbitration Fees on Time

Providing an expensive lesson, a California appellate court held that an employer’s failure to timely pay an arbitration fee resulted in a waiver of the employer’s right to require arbitration.


10.20.22

New York Proposes Regulations for AI Use in Employment Decisions

After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.


10.20.22

Texas Court Strikes Down EEOC’s LGBTQ+ Guidance

A Texas federal court has struck down Equal Employment Opportunity Commission guidance on protections for LGBTQ+ employees.