How would the dynamic of patent infringement litigation change if Patent Assertion Entities, who file lawsuits serially, faced a higher level of scrutiny over their pre-lawsuit investigation? This post explains how to accomplish this with due regard for attorney-client privilege and attorney work product.
In its study of ...
Last year, the EEOC sued three different employers (Honeywell, Orion and Flambeau),1 claiming that the companies’ workplace wellness programs violated the Americans with Disabilities Act. Except for the EEOC’s court papers in these cases, employers have had little guidance on the ADA’s requirements for wellness ...
The U.S. Department of Labor (DOL) issued a final rule, effective March 27, 2015, changing the definition of spouse for purposes of same-sex spousal leave under the FMLA. The former rule, a “place of residence” rule, stated that an employer was required to provide same-sex spousal leave to qualified employees under the FMLA only if the ...
On April 13, 2015, the U.S. Department of Justice's Civil Rights Division issued a ruling stemming from an investigation of the Gates-Chili Central School District (DJ No. 204-53-128) located in Rochester, New York. A complaint was filed against the school district by the parent of a student attending elementary school in the ...
Two high-profile bills pending in the Senate have failed to become law at the end of Kentucky’s 2015 regular legislative session.
In March, Kentucky’s House unanimously passed the Kentucky Pregnant Workers Fairness Act (House Bill 218), which would have required employers subject to the Kentucky Civil Rights Act ...
The Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), dictates that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same” as other employees who are “similar in their ability or inability to work.” The Act has two sections. The first section provides that employers ...