Tag: featured

COVID-19, Labor & Employment

Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

Written by Jeremy Mittman and Stephen Franz As a handful of employees across the country have filed lawsuits challenging workplace COVID-19 vaccination mandates, many employers have been left to grapple with whether they can implement a mandatory COVID-19 vaccine policy as a condition of employment.  At least according to one Texas federal district court, the answer is yes.   Judge Hughes of the United States … Continue reading Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

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COVID-19, Labor & Employment

California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

Written by Jeremy Mittman and Thea Rogers [UPDATE]:  As we reported below, Cal-OSHA’s Standards Board recently proposed a series of controversial amendments to CAL-OSHA’s COVID-19 Emergency Temporary Standards, which included face covering and social distancing requirements that many critics considered unnecessarily onerous in light of recent California Department of Public Health and CDC guidance.  Yesterday, the Board withdrew these proposed amendments.  While it is unconfirmed … Continue reading California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

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Intellectual Property

No “Fees or Forms” Required for Inclusion of Native American Tribal Insignias in USPTO Database

Written by Alesha M. Dominique and Lindsay R. Edelstein The U.S. Patent and Trademark Office (USPTO) tribal insignia trademark program allows Native American tribes to include tribal insignias in the USPTO’s database at no charge.  The USPTO’s waiver of application fees is intended to foster adequate protections for Native American tribes’ intellectual property and cultural heritage. The tribal insignia database has been a component of … Continue reading No “Fees or Forms” Required for Inclusion of Native American Tribal Insignias in USPTO Database

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Labor & Employment

The NLRB Approves Non-Disparagement, Non-Solicitation, and Email Workplace Rules

Written by Jeremy Mittman and Louise Truong The National Labor Relations Board (the “Board”) frequently evaluates employer policies regarding whether they violate employees’ rights to unionize under Section 7 of the National Labor Relations Act (“NLRA”).  As such, it is essential for employers, including those who do not have union employees, to consider the Board’s decisions when drafting and reviewing their policies and handbooks.  Recently, … Continue reading The NLRB Approves Non-Disparagement, Non-Solicitation, and Email Workplace Rules

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COVID-19, Labor & Employment

Employers Begin to Grapple with the Risks of Mandatory COVID-19 Vaccination Policies

Written by Jeremy Mittman and Shanda Lowe As expected, the first batch of lawsuits challenging COVID-19 vaccine mandates are popping up across the country—a possibility that we noted in an earlier post on this subject. So far, at least two federal lawsuits have been filed based on the fact that the COVID-19 vaccines currently in use are only available under an Emergency Use Authorization (“EUA”) … Continue reading Employers Begin to Grapple with the Risks of Mandatory COVID-19 Vaccination Policies

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COVID-19, Labor & Employment

IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

Written by Jeremy Mittman and Thea Rogers On March 18, 2021, the California Senate voted to approve Senate Bill 95, thereby extending the previous COVID-19 supplemental paid sick leave law that expired on December 31, 2020. Governor Newsom signed the law into immediate effect on March 19; it applies retroactively to January 1, 2021, the obligation to provide the leave begins on March 29 (ten … Continue reading IT’S BACK! MOST CALIFORNIA EMPLOYERS NOW NEED TO PROVIDE SUPPLEMENTAL COVID-19 SICK LEAVE

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COVID-19, Labor & Employment

Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

Written by Jeremy Mittman and Daniel Innamorati A federal judge in the Northern District of California tossed a lawsuit by the wife of an employee who allegedly contracted COVID-19 at work and transmitted the virus to her, finding that the wife’s claims are preempted by California’s worker’s compensation law.   Mrs. Corby Kuciemba claimed she contracted COVID-19 after her husband, a Victory Woodworks Inc. employee, … Continue reading Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer

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Intellectual Property

Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

Written by Aaron D. Johnston On February 2, 2021, the Ninth Circuit issued Desire, LLC v. Manna Textiles, Inc., 2021 WL 345583 (9th Cir. 2021), holding that where one upstream infringer was jointly and severally liable with various downstream infringers (who were not jointly and severally liable with each other) in three distinct infringing distribution chains, plaintiff could only be awarded one statutory award rather … Continue reading Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

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Intellectual Property

Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

Written by Lillian Lee On January 28, 2021, the U.S. District Court for the Northern District of California addressed an online retailer’s liability for copyright and trademark infringement arising out of its users’ submissions.  Atari Interactive, Inc. v. Redbubble, Inc., Case No. 4:18-cv-03451.  The court on cross-motions for summary judgment deferred on most issues, holding that Plaintiff Atari Interactive, Inc. (“Atari”) could proceed on some … Continue reading Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

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Labor & Employment

California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

Written by Jeremy Mittman and Hilary Feybush On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively. … Continue reading California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

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