On any given day, the manufacturing business is fraught with challenges, from supply chain issues to personnel matters, pricing strategies, competition, and customer acquisition. The last thing a company needs or wants is to be a target in the crosshairs of overseas criminals who treat the company’s operating capital as a piggy bank to be cracked open.
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Shutting Down the Factory: Why the Manufacturing Sector Must Pay More Attention to Cyber Attackers Posted on: July 23, 2019 In: Data Privacy & Cybersecurity
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Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & EmploymentIt is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace.
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AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & EmploymentArtificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society.
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The Ten Commandments of Firing: Part 3, Commandments VII - X Posted on: July 12, 2019 In: Labor & EmploymentThis is the final installment in my three-part series on the Ten Commandments of Firing. Before reading this post, I suggest you read Part 1, covering Commandments I – III, and Part 2, covering IV – VI.
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The Ten Commandments of Firing: Part 2, Commandments IV - VI Posted on: July 10, 2019 In: Labor & EmploymentIn our last post, we rolled out the first three of my “Ten Commandments of Firing.” In this blog, we will cover Commandments IV through VI: don't have a hidden agenda, don't be a jerk, and don't nitpick.
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The Ten Commandments of Firing: Part 1, Commandments I - III Posted on: July 08, 2019 In: Labor & EmploymentI love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations. While many courts in many states recognize that the implied covenant of good faith and fair dealing does not exist as a matter of law in the employment context, it sure as heck exists in the mind of jurors.
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What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test Posted on: July 02, 2019 In: Labor & EmploymentOn March 7, 2019, the U.S. Department of Labor announced a new rule that will make millions of workers eligible for overtime under the Fair Labor Standards Act (FLSA). This is not a final rule yet, although it is expected to go into effect in late 2019 or early 2020.
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Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & TechnologyOn June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply.
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Supreme Court Declines to Hear ReDigi First Sale Doctrine Case Posted on: June 28, 2019 In: Intellectual Property & TechnologyDespite the potentially important impact of the Second Circuit’s decision in Capitol Records, LLC v. ReDigi Inc. on the digital music industry, the United States Supreme Court has denied ReDigi’s petition to review the Second Circuit’s refusal to apply the First Sale Doctrine to the transfer of digital music files.
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Ransomware Reminders: Implementing Best Practices & Avoiding the Biggest Mistakes Posted on: June 27, 2019 In: Data Privacy & CybersecurityRansomware continues to ravage systems across the globe in part because, unlike more typical malware, its lifespan on a computer is incredibly short. Recent strains like Ryuk and BitPaymer encrypt files and deliver their ransomware messages within seconds of appearance on a victim’s computer, leaving little time for detection and defense. The FBI recently alerted data security professionals worldwide to be aware of yet another new variant – this one called RobbinHood – that follows similar attack vectors.
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5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & EmploymentWage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks Posted on: June 25, 2019 In: Intellectual Property & TechnologyOn June 24, 2019, the United States Supreme Court ruled that the US Patent and Trademark Office (PTO) had violated applicant Erick Brunetti’s First Amendment right to free speech by denying him federal registration of the mark “FUCT” for use in his clothing line. In Iancu v. Brunetti, the Court held the Lanham Act’s prohibition on the registration of trademarks that “consist of or comprise immoral or scandalous matter” as unconstitutional.
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