A ten person jury deliberating in the United States District Court in San Francisco has sided with Google in its six year copyright battle against Oracle Corp. Oracle sued Google for copyright infringement of its Java application program interfaces (“APIs”). Google raised a fair use defense and by special verdict the jury found that Google’s …
This is the first in a ten-part series designed to help employers avoid mistakes that may result in regulatory problems under the federal Fair Labor Standards Act. A. Overview of the 2016 Revisions: On May 18, 2016, the Department of Labor (“DOL”) announced updated rules to the Fair Labor Standards Act (“FLSA” or the “Act”) …
A Swedish court has denied famed French shoe designer Christian Louboutin’s bid to register as a protected brand in Sweden. The court found that instead of being recognized as a protected brand, the red soles of Louboutin’s shoes were a mere decorative feature of the shoe’s design. As a mere decorative feature, the court found …
A defendant sued in federal court believing venue should be in a different district or division has a remedy: Move to transfer venue under title 28 section 1404. Section 1404(a) provides: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district …
Basic Wage Record Obligations Under the Fair Labor Standards Act (“FLSA”), it is the employer’s duty to create and retain accurate records of hours worked each workday and each workweek for all employees who are not exempt from federal overtime requirements. This includes keeping timesheets or time clock records that accurately reflect the arrival and …
The Fifth Circuit Court of Appeals has adopted the United States Supreme Court’s standard announced in Octane Fitness, LLC v. Icon Health and Fitness, Inc., 13 S. Ct. 1749 (2014). Octane was a patent case that determined when fee awards may be available under the Patent Act’s “exceptional” case standard. In Octane, the Supreme Court …