Member Blogs

On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s motion to dismiss for failing to plead “facts sufficient to establish infringement.” Plaintiff Douglas G. Richardson is a professional photographer with “several patents” related to “image[s] having an isolated area of motion that draws the viewer’s eye to a [...]

Tips, otherwise known as gratuities, are not included in the definition of “wages” under the BC Employment Standards Act (the Act); however the Act still regulates tips in other ways. In 2019, the Act was amended to include, among other changes, a definition of “gratuity”, guidance on when an employer may withhold gratuities, and who is entitled to share in a tip ...

Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements related to heat stress. OSHA reports that between 1986 and 2023 it has issued at least 348 hazardous heat-related citations...Continue Reading

Yesterday, a federal court in Texas issued a nationwide injunction preventing the Federal Trade Commission’s rule banning nearly all employee non-compete agreements from taking effect on September 4, 2024. The case, Ryan LLC et al. v. Federal Trade Commission, Case No. 3:24-cv-00986 (N.D. Tex.), was brought by a Texas tax preparation company and the U.S.... Continue Reading

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end.  Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged in anticompetitive conduct to secure exclusivity for its own name brand Advantage and Advantix products in the market for topical [...]

Shareholder Anne Marie Ellis and Attorney Bailee Pelham will present at the Sports & Fitness Industry Association webinar scheduled for July 18, 2024, from 2:00 - 3:00 pm ET. They will focus on the topic 'Navigating PFAS Regulations: Addressing Challenges and Consumer Concerns.'

On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive... Continue Reading