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Latest Blog Posts

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
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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Tags:
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
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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Tags:
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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Tags:
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
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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Tags:
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
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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Tags:
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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Tags:
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
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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Tags:
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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Tags:
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
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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Tags:
unemployment benefits, cares act, coronavirus, covid-19
Legislative Alert: Washington Expands Definition of Personal Information for Public Agencies Posted on: April 22, 2020 In: Data Privacy & Cybersecurity
On March 18, 2020, Washington State Governor Jay Inslee signed into law Senate Bill 6187, which amends the state’s security breach notification statute as applicable to state and local agencies by expanding the definition of “personal information” to include the last four digits of an individual’s Social Security number.
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Tags:
washington, breach notification, personal information, social security, legislative alert
Who May Petition for Post-Grant Review Under The AIA? Posted on: April 20, 2020 In: Intellectual Property & Technology
Under the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and its agencies.
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Tags:
patent law, ptab, america invents act, post-grant review, patents
Legislative Alert: D.C. Passes Security Breach Protection Amendment Act, Creating New Notice Requirements and Cybersecurity Safeguards Posted on: April 17, 2020 In: Data Privacy & Cybersecurity
On March 26, 2020, District of Columbia Mayor Muriel Bowser signed into law Act 23-268, known as the “Security Breach Protection Amendment Act of 2020.” The Act, which amends section 28 of Chapter 38 of the District of Columbia Code, broadens the existing definition of “personal information,” increases the breach notice contents requirements, provides attorney general notice requirements, and mandates cybersecurity safeguards.
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Tags:
cybersecurity, breach notification, district of columbia, personal information, legislative alert

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