Newsletters

05.25.21

Interpretation of Simple Claim Language “Command Function” Doomed Obviousness Challenge

In Comcast Cable Communications, LLC v. Promptu Systems Corp., the Federal Circuit held that the plain meaning of the claim phrase “command function” was limited to functions that command an action to be taken.


05.21.21

Ninth Circuit Sends Statutory Employment Claims to Arbitration

In a new decision, the U.S. Court of Appeals for the Ninth Circuit announced a standard for when an employee has waived her rights to judicial remedies—and sent the plaintiff’s employment dispute to arbitration.


05.21.21

SEC Awards $50M to Joint Whistleblowers

The Securities and Exchange Commission (SEC) announced an award of more than $50 million to a pair of joint whistleblowers, adding to the highest awards the agency has doled out since the program began in 2012.


05.21.21

COVID-Related Legislation in California

In California legislative updates, Gov. Gavin Newsom signed SB 93 into law, requiring that hospitality industry employers offer workers laid off due to COVID-19 positions based on a preference system, while lawmakers continue to debate, in the form of AB 650, a retention bonus for health care ...


05.21.21

Federal Law Doesn’t Preempt AB 5, Ninth Circuit Rules

In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the state law codifying the “ABC test” established by the ...


05.07.21

Does the Computer Fraud and Abuse Act Reach Cloud-Based Services and Systems?

In today’s data-driven world, the 1980s-era Computer Fraud and Abuse Act (CFAA) continues to be an important legal tool in a company’s toolbox, alongside technical and procedural controls, to protect itself and its electronic infrastructure from unauthorized users and theft.


04.29.21

Employers Required to Provide Paid Leave for COVID-19 Vaccine Shots

On March 12, 2021, New York Governor Andrew Cuomo signed into law immediately-effective legislation requiring New York employers to provide employees with paid leave “for a sufficient period of time” to receive COVID-19 vaccine injections (“Vaccine Leave”).


04.26.21

Lacking Injury, Florida Federal Court Remands TCPA Case to State

Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a TCPA plaintiff’s motion to remand her suit to state court.


04.26.21

Adobe’s $1M TCPA Deal Results in $2,000 Payout for Class Members

A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act and yielding $2,000 payments for class members.


04.26.21

Correct TCPA Exemptions, Industry Group Asks FCC

The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the FCC in a new filing.