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Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & Technology
On 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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inter partes review, supreme court, patents, ptab, federal circuit
Supreme Court Declines to Hear ReDigi First Sale Doctrine Case Posted on: June 28, 2019 In: Intellectual Property & Technology
Despite 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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first sale doctrine, redigi, supreme court, digital music, copyright
Ransomware Reminders: Implementing Best Practices & Avoiding the Biggest Mistakes Posted on: June 27, 2019 In: Data Privacy & Cybersecurity
Ransomware 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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Tags:
ransomware, cybersecurity, fbi, breach notification, forensics
5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & Employment
Wage 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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Tags:
california, payroll, wages, compliance, overtime
SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks Posted on: June 25, 2019 In: Intellectual Property & Technology
On 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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supreme court, lanham act, free speech, first amendment, immoral or scandalous, trademark law
Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021 Posted on: June 18, 2019 In: Labor & Employment
On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021.
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colorado, equal pay, compensation, hiring, employment law
In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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Tags:
colorado, economic loss rule, civil theft, breach of contract, trade secrets, employers
A Human Resources Challenge – The Insider Threat To Data Assets Posted on: June 10, 2019 In: Labor & Employment
On April 23, 2019, a privacy notification by the FBI stated that U.S. businesses are reporting a significantly increased amount of data loss as a result of insider threat actors. Companies should not assume that this warning falls squarely within the domain of their Information Technology or Chief Information Security Departments. The vast majority of data-loss incidents have a human component, so what can HR departments contribute to minimize the “Insider Threat”?
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Tags:
human resources, information technology, information security, insider threat, hacking, data security
CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 3 of 3: Trends and Planning – What it All Means Posted on: June 07, 2019 In: Data Privacy & Cybersecurity
On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Privacy Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. The final installment of this three-part series will cover trends and planning.
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Tags:
ccpa, data privacy, california, gdpr, personal data
Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2 Posted on: June 06, 2019 In: Labor & Employment
What Constitutes a “Plan Asset” and How Do Employers Allocate and Distribute a Premium Rebate When the Employees’ Contribution to the Group Health Plan is Treated as a Plan Asset? The premium rebate an employer receives from their health insurance provider may be considered a “plan asset.” Under, and subject to, the Employee Retirement Income Security Act (ERISA), if the rebate is considered a “plan asset,” then it must be used within three months of when it is received by the plan sponsor.
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Tags:
affordable care act, medical loss ratio, health insurance, premium rebate, cobra
Claims with Precise Numerical Values - A Cautionary Tale Posted on: June 06, 2019 In: Intellectual Property & Technology
On March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013.
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Tags:
patents, infringement, precise numerical values, doctrine of equivalents, federal circuit
CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 2 of 3: General Observations on Pending Amendments to the CCPA Posted on: June 05, 2019 In: Data Privacy & Cybersecurity
On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Privacy Act (“CCPA”) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 2 of this three-part series will look at pending amendments to the CCPA.
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Tags:
ccpa, data privacy, california, gdpr, personal data

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