Toikka Kraft Law Group LLP

Author name: Kristi Davis

Juries Reject Race Discrimination: Substantial Jury Awards for Victims of Racial Discrimination and Harassment in the Workplace

On April 10, 2024, a federal jury in Pennsylvania awarded $20.5 million to a Black customer service representative who faced a racially hostile work environment. Then, on August 30, 2024, a federal jury in Indiana granted over $1 million to a Black plaintiff who claimed he was not hired due to his race. On September

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Regulating AI: Modify Current Laws or Enact New Legislation?

Intangible assets account for over 90% of the value of every AI company. A robust intellectual property (IP) strategy is essential for protecting these assets, driving higher valuations, and providing leverage when commercializing technology. To develop an IP strategy that meets these objectives, it is crucial that the focus is placed on the revenue-generating components

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SCOTUS Takes on Title VII and Reverse Discrimination Claims

The U.S. Supreme Court has recently agreed to hear a highly contentious case that will examine the standards of proof for reverse discrimination claims under Title VII. This case follows closely behind the Court’s decision in Muldrow v. City of St. Louis, Mo., where it lowered the burden of proof for employees claiming adverse employment

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The Foundation of Innovation: Why Patent Searches Matter

In today’s rapidly evolving landscape of innovation and intellectual property (IP) protection, understanding the patent environment is no longer just advantageous—it is essential. Patent searches are a fundamental part of the intellectual property lifecycle, serving as a critical tool for inventors, companies, and legal professionals. This article explores the importance of conducting thorough patent searches,

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NLRB Revises Standard for Employer Comments on Unionization Efforts

On November 8, 2024, the National Labor Relations Board (“NLRB”) issued a landmark decision in Siren Retail Corp. d/b/a Starbucks, overturning an almost 40-year-old precedent that allowed employers to tell employees how unionization could affect their working relationship. The NLRB’s new standard will apply to all cases filed after November 8, 2024. The Previous Standard

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Court Rules Against Raw Story, Dismissing DMCA Claims Against OpenAI

OpenAI scored a major legal victory yesterday as Judge McMahon dismissed Raw Story Media’s Digital Millennium Copyright Act (DMCA) claims, ruling that the plaintiffs lacked standing—”No concrete harm, no standing.” Raw Story Media, Inc. and AlterNet Media, Inc., prominent players in the news industry with over 400,000 published articles, accused OpenAI of violating the DMCA,

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EEOC Strengthens Enforcement of Pregnancy Discrimination Laws Under PWFA

Just months after finalizing its rule to implement the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against multiple employers accused of violating the law. – The EEOC has filed several lawsuits under the PWFA, signaling its strong commitment to addressing pregnancy discrimination and ensuring that employers

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Thoughts on the Patenting of Artificial Intelligence Technologies

The rapid evolution of artificial intelligence (AI) technologies is driving a significant increase in global patent applications for AI-related innovations. However, disparities in national patent laws and examination standards present challenges for AI developers seeking to safeguard their intellectual property (IP) rights across multiple jurisdictions. As industries increasingly leverage AI to enhance efficiency, innovate products,

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Ready for it? Upcoming Deadline for HIPAA Regulations on Reproductive Health Care PHI: December 23, 2024

In light of the evolving legal landscape surrounding reproductive health care, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has finalized amendments to the HIPAA Privacy Rule aimed at enhancing privacy protections for sensitive protected health information (PHI) associated with reproductive health care. The OCR announced the final rule, known

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Court Allows Artists’ Copyright Infringement Claims Against AI Companies to Proceed

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz initiated a class action lawsuit against several Artificial Intelligence (AI) companies. They allege that these companies violated copyright law by using their artwork in the training datasets for their AI models. In a ruling on the defendants’ motion to dismiss issued in August 2024,

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