Toikka Kraft Law Group LLP

Author name: Kristi Davis

Initial Challenge to EEOC’s Pregnancy Rule Upheld

A group of state attorneys general filed a lawsuit in April against the Equal Employment Opportunity Commission (EEOC) regarding its newly implemented pregnancy rule. The lawsuit was filed in the U.S. District Court for the Eastern District of Arkansas. Earlier, Tennessee Attorney General Jonathan Skrmetti had requested a preliminary injunction to halt enforcement of the

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Fresh Arguments Lead to Familiar Unpatentability Result

Following remand from the US Court of Appeals for the Federal Circuit in an inter partes review (IPR) case, the Patent Trial & Appeal Board reviewed the petitioner’s response arguments and evidence concerning claim constructions initially proposed by the patent owner. Despite these, the Board reaffirmed that the claims were not unpatentable in Axonics, Inc.

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Proposed Artificial Intelligence (AI) Employment Discrimination Laws in Six States: Essential Insights for Employers (US)

  Colorado’s groundbreaking legislation to protect employees and job applicants from AI-based discrimination has sparked similar initiatives in at least six other states and at the federal level. With a recent Executive Order addressing various concerns regarding private-sector AI system usage, including employment discrimination, all US employers must be vigilant and anticipate potential compliance obligations

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Enhancements to OSHA’s Hazard Communication Standards

OSHA, or the Occupational Safety and Health Administration, has recently amended its Hazard Communication Standard (HCS), found in 29 C.F.R. § 1910.1200. This amendment is in alignment with Revision 7 (Rev. 7) of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The revisions, outlined in 89 Fed. Reg. 44,144 (May

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The Significance of Counsel’s Engagement in the Discovery Process

DC IP Lawyers Note: In the trademark infringement case ZAGG Inc, v. Ichilevici et al., ZAGG, a manufacturer of screen protectors and other products, deposed a corporate designee of the defendant the day before discovery closed. As a result of that deposition, ZAGG sought both to compel the production of additional documents and an extension

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FTC Submits Brief to Defend Rule Prohibiting Non-Compete Agreements

Yesterday (May 29), in Ryan, LLC et al. v. The Federal Trade Commission, the FTC, along with DC Employment Lawyers, filed its response in opposition to Plaintiffs’ request to stay/enjoin the FTC Rule banning non-competes from taking effect on September 4. The Court has committed to issuing a decision on Plaintiffs’ request no later than

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Unraveling the Ambiguity: The Unclear Nature of Assignment Clauses

The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable interpretation (i.e., ambiguous) and thus remand was necessary for further fact finding. Core Optical Tech., LLC v. Nokia Corp.,

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Stay Informed and Ready: Data Privacy and Employee Benefits

Data privacy concerns continue to grow, and for many businesses, employee benefits are a major source of sensitive data subject to increasing risks. Here are some key privacy considerations from an employee benefits perspective, as emphasized by DC Civil Lawyers. Do you know where data is coming from and going to? Knowing what benefits data

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Supreme Court Allows Retroactive Relief for Timely Copyright Claims Based on Discovery Rule

Section 507(b) of the Copyright Act includes a three-year statute of limitations that runs from the time the claim accrues. A claim may only accrue one time under the discovery rule. In 2014, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable doctrine of laches does not bar copyright claims that are

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