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BakerHostetler was founded in 1916, when our three founding partners each deposited $500 into a firm account. Today, we have more than 900 partners and associates contributing to the success of our clients. The values they share are the same ideals on which our firm was founded: love and respect for the law, respect for each other, and the courage to make hard decisions on the basis of what they know to be right.

California Expands Family Leave to Employees of Small Employers

By Joseph S. Persoff

September 24, 2020

California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees. Under this new law, employees of small employers would be entitled to up to 12 weeks of unpaid leave during any 12-month period to: Bond with a new child. Tend to the employee’s own “serious health condition.” Care for a child,…

IP Intelligence

The Sun Has Set on CBM Review

By Jennifer M. Kurcz & Alaina J. Lakawicz

September 23, 2020

Earlier this month, on September 16, 2020, the Transitional Program for Covered Business Method (CBM) Review expired.[1] Enacted as part of the AIA and spanning eight years, CBM Review was promoted within Congress as a vehicle to challenge weak patents, i.e., patents that should not have been issued in view of the Supreme Court’s Bilski decision and, later, its Alice decision.[2] CBM Review was limited in duration and scope, and applied only to…

Employment Law Spotlight

Whaddaya Call It? DOL Proposes New Independent Contractor Test

By Todd Lebowitz

September 23, 2020

unemployed-business-man-GettyImages-861765992-1200x630-72dpi

Soda or pop? Pill bug or roly poly? What you call things depends on where you live. In 2014, the New York Times published this 25-question dialect quiz that will tell you, with startling accuracy, where you or your parents are from. The test is fun, and you can see how words and dialects vary from region to region. But some things should not vary from region to region — federal laws. The Fair Labor…

IP Intelligence

Strategic Considerations for Participation in the USPTO’s COVID-19 Deferred-Fee Provisional Application Pilot

By Fabian Koenigbauer

September 21, 2020

On Sept. 17, the United Patent and Trademark Office (USPTO) issued a notice implementing a deferred-fee provisional application pilot program for COVID-19-related technologies. The pilot is designed “[t]o disseminate information designed to combat COVID-19 on a more expedited basis while still securing rights for inventors.” I. Fundamentals of the Pilot Program Participation is limited to provisional applications concerning a product or process relating to COVID-19. “The product or process must be subject to an applicable…

IP Intelligence

Justice Ginsburg’s Dissents – in Patent Law

By Jason Hoffman

September 21, 2020

As the country collectively mourns the passing of Justice Ruth Bader Ginsburg, I am reminded of the inspiring book “I Dissent: Ruth Bader Ginsburg Makes Her Mark” (which I have read to my children many times). While the justice was famous for her dissents on other issues, what about in patent law? From Markman v. Westview Instruments (1996) (claim construction is a matter of law) to eBay v. MercExchange (2006) (an injunction is…

Employment Class Action Blog

Eleventh Circuit Invalidates Class Action Individual Incentive Awards

By Greg Mersol

September 21, 2020

Yes, you read that right. Class action litigation is fueled largely by the availability of often large attorney fee awards. To get a class action case in the first place, however, attorneys bringing them often entice a potential individual plaintiff into the role of class representative with the prospect of a monetary “incentive award,” usually in the thousands of dollars. Indeed, the giving of such awards has become commonplace or even routine. But is it lawful? Apparently not. In Johnson v. NPAS …

The Blockchain Monitor

U.S. Crypto Exchange Approved as Wyoming Bank; Firms Integrate Blockchain for Data Management; Multiple Enforcement Actions by Treasury, SEC, DOJ and CFTC

By Robert A. Musiala, Jordan R. Silversmith & Marc Powers

September 18, 2020

In this issue: • U.S. Crypto Exchange Approved as Wyoming Bank, MSB Regulations to be Simplified • Auto, Mining and Financial Firms Integrate Blockchain for Data Management • OFAC, DOJ, IRS and FATF Take Various Actions Against Cryptocurrency Crimes • SEC Charges ICO Issuers, DOJ and CFTC Charge Defendants in Crypto Fraud Schemes • DOJ, SEC and CFTC Charge Defendants Alleging Cryptocurrency Fraud Schemes U.S. Crypto Exchange Approved as Wyoming Bank, MSB Regulations to be…

Employment Law Spotlight

Texas Announces Plan to Ease Restrictions and Allow Expanded Operations of Most Businesses Statewide

By Ashlee Grant

September 18, 2020

Citing a continued decline in the rate of hospitalizations throughout the state, Texas Gov. Greg Abbott issued a pair of executive orders on Thursday, Sept. 17, 2020, aimed at easing restrictions on businesses and hospitals throughout the state. Most notably, most businesses throughout the state will be allowed to operate at 75 percent capacity beginning Monday, Sept. 21, 2020. Executive Order GA-30’s Expanded Occupancy Levels Since June 28, 2020, Texas businesses have been allowed to…

AD-ttorneys Law Blog

Beware of Dark Patterns

By Randal M. Shaheen & Amy Ralph Mudge

September 18, 2020

Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who lurked in Dark Shadows. And little kids in general are just plain scared of the dark. It is time now, apparently, for advertising lawyers to beware of dark patterns. FTC Commissioner Chopra recently tweeted about…

Employment Law Spotlight

Anxious About Tort Liability? Ohio Enacts House Bill 606, ‘Good Samaritan Expansion Bill,’ to Limit Employer Liability for COVID-19 Exposure

By Teddy Webb

September 17, 2020

Ohio Gov. Mike DeWine signed HB 606 into law on Monday, Sept. 16, 2020. Known as the “Good Samaritan Expansion Bill,” the law protects employers, both private and public, from civil action lawsuits for damages stemming from COVID-19 exposure, except in reckless or wanton exposure cases. In relevant part, the new law reads: SECTION 2. (A) No civil action for damages for injury, death, or loss to person or property shall be brought against any…

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California Expands Family Leave to Employees of Small Employers

The Sun Has Set on CBM Review

Whaddaya Call It? DOL Proposes New Independent Contractor Test

Strategic Considerations for Participation in the USPTO’s COVID-19 Deferred-Fee Provisional Application Pilot

Justice Ginsburg’s Dissents – in Patent Law

Eleventh Circuit Invalidates Class Action Individual Incentive Awards

U.S. Crypto Exchange Approved as Wyoming Bank; Firms Integrate Blockchain for Data Management; Multiple Enforcement Actions by Treasury, SEC, DOJ and CFTC

Texas Announces Plan to Ease Restrictions and Allow Expanded Operations of Most Businesses Statewide

Beware of Dark Patterns

Anxious About Tort Liability? Ohio Enacts House Bill 606, ‘Good Samaritan Expansion Bill,’ to Limit Employer Liability for COVID-19 Exposure

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