While Title VII of the Civil Rights Act of 1964—the federal law prohibiting discrimination by private employers—does not expressly include sexual orientation or gender identity as protected classes, the Equal Employment Opportunity Commission (EEOC), consistent with U.S. Supreme Court case law, has taken the position that Title VII's prohibition of sex discrimination forbids employment discrimination based on gender identity or sexual orientation, protections which apply regardless of any contrary laws.
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A Fair-Minded and Welcoming Workplace for All Posted on: April 22, 2019 In: Labor & Employment
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‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling Posted on: March 28, 2019 In: Labor & Employment
The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals.
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The Ongoing Evolution Of Patent Venue Posted on: March 21, 2019 In: Intellectual Property & Technology
A refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391.
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‘Full Moon’ Costs Denied by Supreme Court in Oracle Copyright Case Posted on: March 14, 2019 In: Intellectual Property & Technology
On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright infringement matter Rimini Street, Inc. et al v. Oracle USA, Inc. et al. Newly confirmed Justice Kavanaugh penned the opinion for the Court, holding that the Ninth Circuit's expanded view of "full costs" set forth in 28 U.S.C. §§ 1920 and 1821 was improper, going beyond the "costs" typically available to copyright litigants
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Supreme Court Concludes That Copyright Registration Is A Prerequisite To Filing Copyright Lawsuit Posted on: March 04, 2019 In: Intellectual Property & Technology
In a decision that did not surprise many, the United State Supreme Court held unanimously that indeed, the Copyright Act means what is says, namely, “no civil action for infringement of the copyright in any United State work shall be instituted until… registration of the copyright claim has been made in accordance with this title.”
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Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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Federal Circuit Warns Patent Holders to Reconsider Cease and Desist Letters Posted on: December 11, 2018 In: Intellectual Property & Technology
Sending a cease and desist letter to a patent infringer should never be taken lightly. In particular, patent-related demand letters can have a profound impact on both substantive and procedural strategic decisions. In its recent decision in Jack Henry & Associated et al v. Plano Encryption Technologies, LLC, the Federal Circuit determined that the mere sending of a cease and desist letter could force the sender to litigate the issues outlined in the letter in the home court of the accused infringer.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & Technology
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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Supreme Court Won’t Reconsider Standing Principles from Spokeo Posted on: February 05, 2018 In: Data Privacy & Cybersecurity
On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari that requested review of the court’s May 2016 ruling in Spokeo, Inc. v. Robins. The 2016 Spokeo ruling concerned the types of injuries that are sufficient to confer standing to sue under Article III of the U.S. Constitution.
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