Highlighted Posts

By Michelle D. Wyrick

Last week, the United States Supreme Court agreed to review Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, which gives the Court an opportunity to consider class certification questions about how damages may be proven in a class action and whether a class can include members who were not injured.

Tyson Foods is a donning and ...

By Stephen C. Hall

It goes without saying that businesses use software ubiquitously. Perhaps easier to miss at times is how any given company utilizes software – who uses a particular program and how many machines have the program installed - changes on a monthly, weekly or even daily basis. Such fluidity could expose your company to potential ...

By Matthew M. Lubozynski and Amanda Warford Edge

Just over a year ago, on April 29, 2014, the U.S. Supreme Court issued two landmark patent opinions—Octane Fitness, LLC v. Icon Health & Fitness, Inc.1 and Highmark Inc. v. Allcare Health Mgmt. System, Inc.2 Both cases dealt with the Federal Circuit’s application of 35 U.S.C. § 285, which ...

By Matt Lubozynski

Last week, the United States Supreme Court issued an important ruling in Commil USA, LLC v. Cisco Systems, Inc., concerning defenses available to a defendant accused of inducing infringement of a patent. Generally, under 35 U.S.C. § 271, there are 3 ways one can be found liable for patent infringement. First, one can be found to ...

By Chelsea K. Painter

Clothing retailer Abercrombie & Fitch ("Abercrombie") refused to hire Samantha Elauf ("Elauf"), a practicing Muslim, because the headscarf required by her religion violated Abercrombie's "Look Policy" prohibiting "caps" of any kind. Although Elauf’s interviewer informed the store manager that she believed ...

By Amanda Warford Edge

On May 14, 2015, the Kentucky Supreme Court issued a ruling in Wagner’s Pharmacy, Inc. v. Melissa K. Pennington. Pennington had filed the lawsuit back in 2007, alleging that her employer, Wagner’s Pharmacy, discriminated against her by terminating her employment due to her morbid obesity. At the time of filing the ...

By George J. Miller

In recent years, perhaps due to the steep decline in union organizing activity that traditionally created much of the work at the National Labor Relations Board, the Board, or more precisely the General Counsel of the Board, has been focusing attention on non-union employers’ policies that could violate the National Labor ...

By Courtney Ross Samford

On Wednesday, the U.S. Supreme Court released an important decision concerning the EEOC’s obligation to engage in pre-suit conciliation efforts under Title VII. The decision of Mach Mining v. EEOC, No. 13-1019, 2015 WL 1913911 (Apr. 29, 2015), involves a woman who filed an EEOC charge against Mach Mining, LLC ...

By Stephen C. Hall

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 ...

By Leila G. O'Carra

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 ...

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