“You’re Fired” is Not a Good Response to a Report of Harassment

This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase.  We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties to Russia to address a completely different topic.   View Full Post
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The U.S. Supreme Court Reverses the Federal Circuit in TC Heartland and Rules That “Residence” in Patent Venue Statute Means Only the State of Incorporation

Today, through a unanimous decision of the Court delivered by Justice Thomas (with the exception of Justice Gorsuch who took no part in the consideration or decision of the case), the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. View Full Post
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CA Required Onboarding Materials Get a Makeover

California employers are required to provide employees with several documents upon hire.  But not all CA employers do.  I was working with a retail boutique chain last week and when I provided them the list of required onboarding documents, the manager said she has been in retail for 20 years and had never seen the documents!  View Full Post
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American Corporation Seeks to Dismiss Afghan Overtime Claim by Contractors: What is Going On?

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and international crisis, Fluor Corporation has requested that a federal judge dismiss a putative class action filed by contractors who allege that they were not paid overtime in violation of Afghanistan labor law. View Full Post
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Judge Robinson Denies Defendant’s Motion to Dismiss Asserting Patents Claim Ineligible Subject Matter

By Memorandum Order entered by The Honorable Sue L. Robinson in Paltalk Holdings, Inc. v. Riot Games, Inc., Civil Action No. 16-1240-SLR (D.Del. May 15, 2017), the Court denied Defendant’s Motion to Dismiss which asserted that dismissal of the Complaint was appropriate because the asserted patents do not claim patent eligible subject matter under 35 U.S.C. View Full Post
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Will a Subsequent Purchaser of a Property Built After 1991 Be Liable for Accessibility Issues Related to Design & Construction of the Property?

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed. Effective in properties designed and/or constructed from 1991 on, the Fair Housing Act (FHA) requires that all multifamily construction meet a specified level of accessibility for individuals with disabilities. View Full Post
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Don’t Forget to Celebrate – May is National Foster Care Month

By the President of the United States of America A Proclamation During the month of May, we observe National Foster Care Month and we celebrate those who have opened their homes and their hearts to children in need and those who have devoted their careers to serving America’s foster youth. View Full Post
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Cyber Attacks Merit SEC Risk Assessment Intervention

The recent cyberattacks across the globe have caused the  SEC’s Office of Compliance Inspections and Examinations (“OCIE”) to issue an alert and highlight certain best practices for firms to handle these ransomware attacks.  See https://www.sec.gov/files/risk-alert-cybersecurity-ransomware-alert.pdf. The OCIE staff based this guidance on its review of various firms, concluding that these firms should perform a cyber-risk assessment; conduct penetration and vulnerability tests; and ensure software maintenance such as updates and software patches if applicable.  View Full Post
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