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California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement Posted on: June 03, 2020 In: Data Privacy & Cybersecurity
On Monday, June 1, 2020, the California Attorney General’s Office announced that it had submitted the final version of its proposed regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL) for review and approval.
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ccpa, california, data privacy, personal data, legislation
Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely Posted on: May 29, 2020 In: Intellectual Property & Technology
In Molson-Coors Beverage Company v. Anheuser-Busch Companies, LLC, the United States Court of Appeals for the Seventh Circuit upheld the age old lesson of choosing your words wisely. The entire litigation arose out of Molson-Coors themselves listing ‘corn syrup’ as an ingredient in both their Miller Light and Coors light beers.
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lanham act, false advertisement, seventh circuit, beer, molson-coors, anheuser-busch
Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted Posted on: May 21, 2020 In: Labor & Employment, COVID-19 Response
Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds.
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return to work, eeoc, human resources, disability, covid-19, coronavirus
Enforcing Safety Measures While Maintaining Compliance with Title III of the Americans with Disabilities Act: Four Considerations Posted on: May 20, 2020 In: Labor & Employment, COVID-19 Response
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Notably, this prohibition applies to both the built environment and to the policies and procedures affecting how a business provides goods and services to its customers.
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ada, compliance, social distancing, covid-19, website accessibility
Work-From-Home: Five Tips to Avoid Overtime Liability Posted on: May 11, 2020 In: Labor & Employment, COVID-19 Response
By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve.
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work-from-home, overtime, payroll, covid-19, coronavirus
Supreme Court Holds PTAB Decisions Concerning One-Year Time Bar to File IPR Are Not Judicially Reviewable Posted on: May 11, 2020 In: Intellectual Property & Technology
In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision to institute an inter partes review (IPR).
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supreme court, inter partes review, patent law, ptab, america invents act
New York City Council Proposes Essential Workers’ Bill of Rights Posted on: May 08, 2020 In: Labor & Employment, COVID-19 Response
In April, the New York City Council introduced a sweeping legislative package designed to aid small businesses, essential workers, tenants, and the homeless in the five boroughs during the ongoing COVID-19 pandemic. The package includes a series of bills the Council calls the “NYC Essential Workers’ Bill of Rights,” which would require large employers to provide additional protections and hazard pay to hourly workers assisting the city’s efforts to continue to operate during the COVID-19 pandemic.
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new york city, essential workers, covid-19, coronavirus, paid leave, employment law
EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures Posted on: May 06, 2020 In: Labor & Employment, COVID-19 Response
As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines.
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return to work, eeoc, ada, covid-19, coronavirus, harassment, workplace safety
Ninth Circuit Rules in Favor of Employers in FCRA and ADA Cases Posted on: May 05, 2020 In: Labor & Employment
The Ninth Circuit recently issued two important opinions favorable to employers – one clarifying the manner in which an employer must provide a Fair Credit Reporting Act (FCRA) disclosure, and another opening the door for the use of “after-acquired evidence” to bar liability in employment cases involving the Americans with Disabilities Act (ADA).
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9th circuit, fcra, ada, consumer report, disability
Trademark Lawsuits Used to Stop Exploitative Pricing Markup of Protective COVID-19 N95 Masks Posted on: April 29, 2020 In: Intellectual Property & Technology, COVID-19 Response
At a time when the world is grappling with the COVID-19 pandemic and the critical need for personal protective equipment, intellectual property owners have brought trademark infringement lawsuits to stop pandemic profiteers from price-gouging and engaging in other misleading tactics. These lawsuits demonstrate the power that intellectual property law has to protect valuable brands and stomp out outrageous conduct.
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trademark law, 3m, covid-19, coronavirus, price gouging
Federal Circuit Rules That a Jury Must Determine Visual Similarity Between Design Patent and Prior Art as Part of Obviousness Analysis Posted on: April 22, 2020 In: Intellectual Property & Technology
The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be sent to a jury rather than determined by a judge at the summary judgment phase of litigation.
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federal circuit, obviousness, design patent, patent law
Money for Nothin’ (If You’re Eligible): A Pandemic Response That ‘CARES’ Posted on: April 22, 2020 In: Labor & Employment, COVID-19 Response
By now we have all probably heard that the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, which seeks to pump an estimated $2 trillion into the economy, was signed into law on March 27, 2020. But what about employees who have been told they cannot work because their employer has to cut back or completely shut down for an unknown amount of time? The following is a brief overview of the benefits available to those who are out of work as a result of the COVID-19 pandemic.
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unemployment benefits, cares act, coronavirus, covid-19