Author name: Kristi Davis

A recent ruling by the Sixth Circuit Court of Appeals in Yanick v. Kroger Co. of Michigan has broadened the obligations of employers in handling accommodation requests from employees with disabilities. The case involves Mary Ellen Yanick, who managed a supermarket bakery for over fifteen years. In early 2018, she was diagnosed with breast cancer,

In the rapidly changing landscape of intellectual property law, artificial intelligence (AI) has emerged as a valuable tool for both attorneys and inventors. AI drafting software, noted for its efficiency and innovative potential, is increasingly being utilized for drafting patent applications and assisting in patent prosecution. However, this technological advancement is not without its drawbacks.

Last year, the EEOC unveiled its Strategic Enforcement Plan (“SEP”) for Fiscal Years 2024-2028. Within this plan, the EEOC identified a key priority as “the continued underrepresentation of women and workers of color in certain industries and sectors.” One major area of focus is the representation of workers in STEM (Science, Technology, Engineering, Mathematics) fields.

– In Crocs, Inc. v. Effervescent, Inc., the Federal Circuit ruled that the plaintiff established a valid claim when the defendant admitted to falsely advertising a product as patented and touting its tangible benefits. – The claim of tangible benefits differentiated this case from previous rulings involving authorship or innovation claims.– Companies must exercise caution

On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies concerning their use of separation agreements that allegedly violate whistleblower protection rules. These agreements restricted employees from claiming financial rewards for future whistleblowing, leading the companies to collectively pay over $3 million to resolve the SEC’s allegations. The Issue:

In a recent ruling, the US Court of Appeals for the Fifth Circuit affirmed the application of the fair use defense in a copyright infringement case, stating that a district court’s sua sponte (on its own accord) invocation of this defense for related trademark claims constituted harmless error. The Court also confirmed that the district

The Equal Employment Opportunity Commission (EEOC) has commenced enforcement of the Pregnant Workers Fairness Act (PWFA) following the release of its final rule and interpretative guidance in April 2024. We previously offered an in-depth overview of the PWFA, the EEOC’s final rule and guidance, as well as key takeaways for employers. Last month, the EEOC

When Paul R. Michel, the retired chief judge of the U.S. Court of Appeals for the Federal Circuit, was asked to co-author a paper on the challenges generative artificial intelligence (AI) poses to intellectual property (IP) law, he initially underestimated the significance of the issues. However, as he and his co-author, Jim W. Ko, began

On September 6, 2024, President Biden signed the Executive Order (EO) on Investing in America and American Workers, known as the “Good Jobs EO.” This order aims to define what constitutes a modern “good job” and offers incentives for employers to uphold high labor standards, particularly through collective bargaining agreements, project labor agreements, or community

USPTO Releases 2024 Guidance on AI Patent Subject Matter Eligibility The U.S. Patent and Trademark Office (USPTO) has issued its 2024 Guidance on Patent Subject Matter Eligibility, along with new examples for July 2024. Our DC IP lawyers see this update as it builds on the 2019 Guidance, offering enhanced clarity and consistency for evaluating