Newsletters

07.29.22

BLM Masks Suit Fails in 1st Circuit, but Employers Should Consistently Enforce Policies

The First U.S. Circuit Court of Appeals ruled that a group of grocery store workers cannot move forward with their claims of race-based discrimination and retaliation based on being disciplined for wearing face masks with the message “Black Lives Matter.”


07.29.22

NLRB to Promulgate Joint Employer Rule

The National Labor Relations Board (NLRB or the Board) released its rulemaking priorities for the coming months and put joint employer status under the National Labor Relations Act (NLRA) at the top of the list.


07.28.22

Lead Sales: ‘Possible’ Not Enough for Personal Jurisdiction in a TCPA Case

Explaining the difference between something that is possible and something that is probable, a Pennsylvania federal court found it lacked jurisdiction over a plaintiff’s claims of Telephone Consumer Protection Act (TCPA) violations.


07.28.22

D.C. Circuit Upholds FCC Order Keeping Commercial Non-Telemarketing Exemption

The D.C. Circuit Court of Appeals rejected a challenge to the Federal Communications Commission’s (FCC) commercial non-telemarketing call exemption, upholding the agency’s December 2020 order maintaining the exemption and establishing specific requirements as mandated by the ...


07.28.22

Court Bets on Defendant in Gambling Text Dispute on DNC Grounds, but Holds Door Open for ATDS Claims

Texts purportedly designed to “promote gambling” do not constitute marketing or advertising for purposes of the Telephone Consumer Protection Act (TCPA), an Alabama federal court has ruled.


07.26.22

Inter Partes Review Estoppel Applies to All Arguments Put Forward Against Challenged Claims

In California Institute of Technology v. Broadcom Limited, the Federal Circuit overruled prior precedent and clarified that inter partes review estoppel applies not just to claims and grounds asserted in the petition and instituted for consideration by the Patent Trial and Appeal Board, but to ...


06.30.22

Plaintiff’s Cellphone Qualifies as Residential Telephone

U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his prerecorded call and Do Not Call Registry claims.


06.30.22

AGs Commit to Fight Robocalls With FCC

The National Association of Attorneys General shared a commitment to work collaboratively with the Federal Communication Commission in a new letter signed by 41 attorneys general.


06.28.22

Response to Request for Quote Held Commercial Offer for Sale, and Invention Invalid

In Junker v. Medical Components, Inc., the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed.


06.17.22

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court.