Newsletters

03.04.24

February 29, 2024: The “Rarest Day of the Year”

Rare Disease Day took place on February 29, 2024. Created in 2008, Rare Disease Day is observed on the “rarest day of the year”—February 29 in leap years (February 28 in non-leap years)—as a way to galvanize the global rare disease community around the goal of achieving ...


02.29.24

Restrictions on Employer Communication Upheld by Ninth Circuit

In an appeal presenting recurring issues facing district courts in managing whether and how prospective parties are brought into wage and hour lawsuits under the collective action procedures of the Fair Labor Standards Act (FLSA), the Ninth U.S. Circuit Court of Appeals affirmed an order imposing a ...


02.29.24

New Trial for FEHA Plaintiff After Prejudicial Complaints Admitted

Reversing a jury verdict in favor of an employer, a California appellate panel found the trial court erred by allowing the introduction of complaints made by coworkers against the plaintiff.


02.29.24

PAGA Claims Can’t Be Tossed on Manageability Grounds

Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability?


02.29.24

Ninth Circuit Affirms California Supreme Court’s Take on Viking River

The Ninth U.S. Circuit Court of Appeals applied the California Supreme Court’s interpretation of the U.S. Supreme Court’s decision on the intersection of the Private Attorneys General Act (PAGA) claims and arbitration in Viking River Cruises, Inc. v. Moriana.


02.28.24

AI Gone Wild: Airline Has to Honor a Refund Policy Its Chatbot Fabricated

In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s refund policy provided by a chatbot after the customer ...


02.28.24

The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024.


02.28.24

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging ...


02.28.24

DOL’s Independent Contractor Rule Set for March

On March 11, 2024, the Department of Labor’s (DOL) new rule on the standard for determining who is an employee and who is an independent contractor under the Fair Labor Standards Act (FLSA) is set to take effect.


02.27.24

Board Must Consider Separately Each Dependent Claim Incorporated Into Multiple Dependent Claim

In Nested Bean, Inc. v. Big Beings USA Pty Ltd.,1 the director of the 'U.S. Patent and Trademark Office (Patent Office) (Director) granted review and modified the Patent Trial and Appeal Board’s (Board) final written decision (Final Written Decision) to require the Board to consider ...