Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act ("FDCPA") has one year from the alleged violation to file suit. The one-year statute of limitations begins at the time of the alleged Continue Reading
RIP “Ambush Elections”: NLRB Substantially Modifies Union Representation Election Rules
Private sector union membership has steadily dropped over the past 40 years, from almost 25% of the eligible workforce in the mid-1970s to approximately 6% today. In 2014, organized labor was hopeful that this trend would be reversed by virtue of the National Labor Relations Board’s (NLRB’s) changes Continue Reading
Venture Capital & Emerging Growth Companies December 2019 Highlights
We are pleased to share outstanding highlights this month about our firm, the venture capital landscape, and our clients and contacts who continuously enrich the entrepreneurial ecosystem. McCarter Highlights Susan Okin Goldsmith, Morgan Jones, and Scott Smedresman break down the flurry of Continue Reading
No Fees for You – Supreme Court Says USPTO May Not Recover Attorneys’ Fees for Defending Certain Appeals
Under the so-called American Rule, litigants are normally expected to pay their own attorneys’ fees, win or lose, unless a statute clearly permits or requires fee-shifting. In the underlying litigation in Peter v. NantKwest, the United States Patent and Trademark Office (USPTO) wanted to make Continue Reading
California Shakes Up Data Privacy for 2020
In keeping with the hurried passage of the California Consumer Privacy Act (CCPA) at inception, the California legislature passed a flurry of amendments to the embattled privacy law just hours before the deadline of the legislative session. Six amendments were signed into law by Governor Continue Reading
Renew or Register Your Website’s Copyright Agent Now!
Do you have a website that allows users to comment, review, or post anything? If so, you could be liable for their posts that infringe the copyright of another person. Safe harbor immunities can protect you from this liability, but you will lose that protection unless you renew your designated agent Continue Reading
Is Arthrex Uncertainty Leading to the Supreme Court?
Last week, we alerted you that the Federal Circuit Court of Appeals called all recent final inter partes review (IPR) decisions into question. Today, we alert you to increasing uncertainty in the wake of the Arthrex v. Smith & Nephew, et al. decision. Within a week of Arthrex, the Court of Continue Reading
Venture Capital & Emerging Growth Companies November 2019 Highlights
We are pleased to share outstanding highlights this month about our firm, the venture capital landscape, and our clients and contacts who continuously enrich the entrepreneurial ecosystem. McCarter Highlight Dave Sorin has been appointed by New Jersey Governor Philip Murphy to the New Continue Reading
Appellate Court Calls All Recent Final IPR Decisions into Question
All final written decisions in inter partes reviews (IPRs) suffer from a constitutional defect according to a recent decision of the Federal Circuit Court of Appeals. The decision suggests that the constitutional problem may allow a party dissatisfied with a final written decision that is eligible Continue Reading
Patent Office Proposes Greater Certainty in IPR Claim Amendment Process
The Patent Office has proposed new rules that may help patent owners avoid invalidation by amending patent claims in inter partes reviews (IPRs). When IPRs first became available, patent owners criticized the Patent Office because their right to amend claims in IPRs appeared to be illusory. Motions Continue Reading