10.18.22
The U.S. Patent and Trademark Office issued updated interim guidance on when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.
09.29.22
The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art in inter partes review proceedings under 35 U.S.C. § 311.
09.28.22
As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.
As promised earlier this year, on September 6, 2022, the National Labor Relations Board released a notice of proposed rulemaking on the standard for determining joint employer status under the National Labor Relations Act.
Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test.
A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer.
A Sarbanes-Oxley Act antiretaliation claim requires a showing of retaliatory intent, a unanimous panel of the Second U.S. Circuit Court of Appeals has ruled, creating a split of authority with the Fifth and Ninth Circuits.
09.23.22
What is believed to be the first settlement under Florida’s mini-Telephone Consumer Protection Act law is seeking judicial approval for a payout of more than $2.5 million.
A federal court in Texas allowed a plaintiff to bring a claim for a defendant’s failure to maintain a do not call list, joining a growing number of jurisdictions to recognize a private right of action for such a claim under the Telephone Consumer Protection Act.
Following in the footsteps of Florida, Oklahoma and Washington, Michigan is considering its own state analogue of the Telephone Consumer Protection Act.