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Litigation California’s Trap and Trace Pen Register Litigation: Key Considerations & How to Respond to a Lawsuit

The California Invasion of Privacy Act (CIPA) is driving a wave of litigation that could significantly impact businesses with consumer-facing websites. Hundreds of lawsuits have been filed recently alleging that businesses operating in California violated CIPA due to very common software and business practices found on their websites. Initially intended to regulate law enforcement’s use […]

White Collar Defense & Investigations Federal Sentencing Commission Limits Use of Acquitted Conduct in Sentencing Guidelines

The bipartisan United States Sentencing Commission voted unanimously to prohibit conduct for which a person was acquitted in federal court from being used to calculate a sentence range under the advisory federal sentencing guidelines. The Commission also approved additional reforms, including those that bring uniformity to sentencing for certain gun and financial crimes and provide […]

Labor & Employment Recent and Upcoming Legislation Impacting Employers in 2024

This article is part of our 2024 Labor & Employment Roundup. To read the other articles, click below: Recent National Labor Relations Board Rulings Developments in PAGA Litigation Employers should make sure they’re familiar with the wide range of California employment laws that go into effect next year. Workplace issues including non-compete agreements, marijuana use, […]

Labor & Employment Recent National Labor Relations Board Rulings

This article is part of our 2024 Labor & Employment Roundup. To read the other articles, click below: Recent and Upcoming Legislation Impacting Employers in 2024 Developments in PAGA Litigation A number of National Labor Relations Board (NLRB) rulings made in 2023 may impact union bargaining, work rules, elections, severance agreements and litigation; employers with […]

Labor & Employment Developments in PAGA Litigation

This article is part of our 2024 Labor & Employment Roundup. To read the other articles, click below: Recent and Upcoming Legislation Impacting Employers in 2024 Recent National Labor Relations Board Rulings Ever since California enacted the Private Attorneys General Act (PAGA) in 2004, employers have faced a barrage of PAGA lawsuits, either as stand-alone […]

Intellectual Property McCarthy on Trademarks and Unfair Competition: Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims

An article by Rod Berman and Jessica Bromall Sparkman titled, “Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims,” was discussed at length in the December 2023 update of McCarthy on Trademarks and Unfair Competition, Fifth Edition. This seven-volume publication is a comprehensive resource that provides authoritative information and analysis essential for effectively representing […]

Intellectual Property Protect your novel graphical user interfaces and computer-generated icons from unauthorized use or theft using U.S. design patent protection

The Patent and Trademark Office recently published “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces” in the Federal Register (PTO-P-2023-0047). There, the Patent Office confirmed that both a graphical user interface (GUI) and a computer-generated icon can be covered by design patents. Design […]

Taxation and Trusts & Estates Preparing for the Corporate Transparency Act / Disclosure of Beneficial Ownership Information to FINCEN

New federal disclosure requirements for your businesses and entities will become effective January 1, 2024 – the reporting requirements are burdensome, can be triggered multiple times in a single calendar year and are subject to both civil and criminal liability. Accordingly, you should prepare to comply with the new law now. Specifically, in 2021, Congress passed […]