Newsletters

11.21.22

Wrong Number Suit Moves Forward in California

A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.


11.21.22

Oklahoma’s Mini-TCPA Takes Effect

The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.


11.16.22

Ninth Circuit Rejects Another AB 5 Challenge

The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.


11.16.22

California Court Reverses Dismissal of EPA Claim

A California appellate panel reversed dismissal of a female employee’s Equal Pay Act claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment.


11.16.22

Rounding Policy Falls Flat in California

An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a California appellate panel.


11.16.22

Federal Lawmakers Consider Ban on Noncompetes

Continuing a crackdown on noncompetes at the federal level, a new bill introduced in the House of Representatives would ban noncompete agreements nationwide for nonexempt employees under the Fair Labor Standards Act.


11.15.22

Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide ...


10.28.22

Contract Terms Protect Seller From Marketer’s TCPA Violations

A contract prohibiting Telephone Consumer Protection Act violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court.


10.28.22

Company Policy Protects TCPA Defendant

Evidence of a company policy requiring employees to inform customers about receiving texts helped a Telephone Consumer Protection Act defendant win a partial summary judgment motion in Texas federal court.


10.28.22

TCPA Suit Over Doctor’s Calls Fails

A doctor’s calls to his patients informing them of his plans to reduce his caseload and encouraging them to join his new, limited practice fell under the “health care messages” exception to the Telephone Consumer Protection Act, a Maryland federal court found, granting the ...