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Patent litigation alert: Federal Circuit issues en banc decision in Marine Polymer: no reexamination intervening rights absent textual amendment to claim language

USA - March 19 2012 Should intervening rights apply to claims that were not textually amended during a reexamination proceeding but were effectively narrowed by the patentee’s arguments?...

Heather N. Mewes, Rajiv Patel.

NLRB decides non-unionized employees' disparaging statements about employer, made on public television, qualify for protection under NLRA

USA - August 16 2011 The National Labor Relations Board ("NLRB") ruled last month that an employer's termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act ("NLRA")....

Michael A. Sands.

California District Court issues $5 million verdict in retaliation case

USA - August 16 2011 A jury trial in the United States District Court for the Central District of California earlier this summer resulted in a $5.4 million verdict against an employer who fired a plant manager after he reported the CEO's sexual harassment of one of his employees....

Michael A. Sands.

California appellate court denies "split shift" pay to employees working consecutive overnight shifts

USA - August 16 2011 In Securitas Security Services USA, Inc. v. Superior Court (Holland), security guards brought an action against their employer alleging a failure to pay split shift pay per Wage Order No. 4, which defines a "split shift" as "a work schedule" that "is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal breaks."...

Michael A. Sands.

In two recent decisions, California appellate courts refuse to honor employment arbitration agreements

USA - August 16 2011 Last month the California Courts of Appeal issued two separate decisions denying employers' attempts to compel arbitration agreements on the grounds that such agreements were unenforceable....

Michael A. Sands.