Newsletters

06.26.23

The NLRB Recently Takes Bold Action

NLRB General Counsel Cites Top Five Problems With Noncompetes Under the National Labor Relations Act


06.26.23

New State, Local Laws Address Height, Weight, Marijuana and Noncompetes

State and local employment laws are changing around the country, from a new measure in New York City prohibiting discrimination based on height and weight to protections enacted in Washington for off-duty marijuana use to a ban on almost all noncompete agreements in Minnesota.


06.20.23

Disclaimer Not Binding in IPR Proceeding Where Made

In CUPP Computing AS v. Trend Micro Inc., the Federal Circuit held that a disclaimer made in an inter partes review (IPR) proceeding was not binding in that proceeding, i.e., the disclaimer is not binding in the proceeding in which it is made.


06.06.23

State ‘Mini-TCPA’ Telemarketing Laws Continue to Proliferate

States are continuing their focus on telemarketing, with updates and new laws in Arizona, Florida, Maryland, Mississippi, Tennessee and Washington, and a bill in Georgia waiting on a gubernatorial signature.


06.06.23

Missouri Federal Court Certifies Class in TCPA Fax Case

A federal court in Missouri granted class certification in a Telephone Consumer Protection Act action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes.


06.06.23

One Call, One Damage Award, Holds Texas Federal Court

After a jury awarded a Telephone Consumer Protection Act plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500.


06.01.23

Regulation of AI Systems is Already Here – Look to Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and Midjourney, and the promise of other AI and machine learning systems (for simplicity, “AI systems”) to come, legal and business professionals ...


05.23.23

DOJ’s Losing Record on No-Poach, Wage-Fixing Continues

After launching an initiative to combat no-poaching and wage-fixing agreements, the Department of Justice has racked up zero victories in its criminal prosecutions to date, including a recent loss in Connecticut.


05.23.23

AI Gets Attention From Federal Agencies

In a joint statement, the FTC, CFPB, DOJ and EEOC expressed concern about the potential for unlawful discrimination by AI systems and asserted their enforcement authority over civil rights, nondiscrimination, fair competition and consumer protection as they apply to AI.


05.23.23

Seventh Circuit Takes On Religious Discrimination

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names.