6 Key Takeaways | Considerations Before Relying on AIA Prior User Rights
A California Court of Appeal recently held that a plaintiff seeking to establish a prescriptive easement need only meet the preponderance of the evidence standard, not the also-used clear and convincing standard. In...more
On February 25, the Court of Appeals of Virginia issued an unpublished opinion affirming an order entered by the Circuit Court of Amelia County concerning adverse possession and ownership of an 8.26-acre parcel of land...more
Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 - In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d)...more
The Federal Circuit recently vacated a summary judgment ruling of invalidity, holding that the district court erred in applying preclusive effect to the Patent Trial and Appeal Board’s unpatentability findings regarding other...more
In a recent patent infringement case, Judge J. Paul Oetken (S.D.N.Y.) awarded attorneys’ fees under the Patent Act because the case was “exceptional,” but denied fees under 28 U.S.C. § 1927 and the court’s inherent authority...more
The Federal Circuit’s recent decision last week in Inland Diamond Prods. Co. v. Cherry Optical Inc., offers an important reminder for patent litigators: a PTAB’s factual finding in an inter partes review (IPR) does not...more
A federal court in Michigan largely denied a franchisor’s motion for preliminary injunction against its former franchisees, accused of breach of contract, trademark infringement, trade secret misappropriation, and civil...more
The Federal Circuit recently issued a decision in the ongoing dispute in Kroy IP Holdings, LLC v. Groupon, Inc., addressing the collateral estoppel effect of Patent Trial and Appeal Board (PTAB) decisions on subsequent...more
In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the...more
In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938. It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more
The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more
On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in order to establish that employees are exempt under Part...more
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court...more
The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit...more
Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will...more
How do you take a case about patent inventorship and make it better? Add bacon. The Federal Circuit’s recent decision in HIP, Inc. v. Hormel Food Corp., 66 F.4th 1346 (Fed. Cir. 2023) illustrates the high bar that must be met...more
The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more
On August 25, 2022, the Supreme Court of New Jersey issued its decision in Rivera v. The Valley Hospital, Inc., reversing the trial judge’s interlocutory order denying the defendants’ motions to dismiss a claim for punitive...more
This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce...more
Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper appellate review, the Federal Circuit vacated a District Court decision rendering invalid the claims...more