Employment & Labor
9-24-2020; Illinois has Another Awful Anti-Business Law and It Can't Be Blocked by the IL WC Act; Feds Propose New Rule to Allow Determination of "Independent Contractor" Status Easier and moreIllinois Dispensary Licenses DisappointDefending Against Alleged Fair Labor Standards Act Violations in Illinois
Financial
New York Executive Order and Regulation Requires Banks To Honor Forbearance Requests And Other Regulated Entities To Potentially Restrict Late And Overdraft FeesHow Recent TCPA “Autodialer” Decisions Impact Your BusinessA New York Class Action Relying on the Second Circuit’s Madden Decision Is In Jeopardy After Magistrate Judge’s Recommendation
Insurance
Missed Opportunity? Illinois Court Issues Limited Finding That Workers’ Compensation Act Does Not Preempt Claims For Statutory Damages Under BIPA But Does Not Address How Actual Damages Should Be Addressed Under BIPALong-Term Disability vs. Social Security: What’s the Difference?Four 2020 Cases Address Abuse Exclusions
Intellectual Property
IPR claim construction and obviousness findings affirmed (insufficient evidence of nexus between claims and license agreements)Patent Infringement Suit Alone Does Not Justify Anonymous FilingDC claim construction affirmed; refusal to correct inventorship vacated/remanded (“AIA did not narrow the meaning of ‘error’”)
Privacy & Data Security
Missed Opportunity? Illinois Court Issues Limited Finding That Workers’ Compensation Act Does Not Preempt Claims For Statutory Damages Under BIPA But Does Not Address How Actual Damages Should Be Addressed Under BIPANew Lawsuit Alleges BIPA Violations Result From Macy’s Reliance On Clearview AI To Scrape InformationCourts Continue To Find Third-Party Reports Generated Before And After Privacy Incidents Are Not Protected From Discovery
Property Law
California Court Finds No Duty To Defend “Hypothetical” Claim Where Policyholder Did Not Rebuild HomeTexas Court Finds Concurrent Causes Of A Loss Where One Cause Is Covered And The Other Is Excluded “Results In No Coverage At All”Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion