Wilt Toikka Kraft LLP

Wilt Toikka Kraft LLP

Artistic Freedom: Fair Use Defense Highlights Infringement Conflict

In a recent ruling, the US Court of Appeals for the Fifth Circuit affirmed the application of the fair use defense in a copyright infringement case, stating that a district court’s sua sponte (on its...

EEOC Takes Legal Action with Initial Lawsuits Under the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has commenced enforcement of the Pregnant Workers Fairness Act (PWFA) following the release of its final rule and interpretative guidance in April 2024. We previously offered an in-depth overview...

Sedona Conference Issues Article on the Intellectual Property Challenges Posed by AI

When Paul R. Michel, the retired chief judge of the U.S. Court of Appeals for the Federal Circuit, was asked to co-author a paper on the challenges generative artificial intelligence (AI) poses to intellectual property...

Biden’s “Good Jobs” Executive Order Calls for Enhanced Labor Standards Development

On September 6, 2024, President Biden signed the Executive Order (EO) on Investing in America and American Workers, known as the “Good Jobs EO.” This order aims to define what constitutes a modern “good job”...

Updated Guidance from USPTO on AI and Subject Matter Eligibility

USPTO Releases 2024 Guidance on AI Patent Subject Matter Eligibility The U.S. Patent and Trademark Office (USPTO) has issued its 2024 Guidance on Patent Subject Matter Eligibility, along with new examples for July 2024. Our...

D.C. Circuit: Jury’s Role in Evaluating ‘Take It or Leave It’ Remote Work Offers

D.C. Circuit Reverses EPA’s Summary Judgment on Remote Work Accommodation Claims On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit overturned a district court decision that had granted summary...

Later-Acquired Expertise Validated: Federal Circuit’s Take on Skilled Artisan Testimony

In a recent decision, Osseo Imaging, LLC v. Planmeca USA Inc., the U.S. Court of Appeals for the Federal Circuit clarified the requirements for expert testimony in patent cases, specifically addressing the need for a...

Workday and AI Liability: A Crucial Turning Point?

Recent Legal Developments in AI and Employment: The Mobley Case In the recent case of Derek Mobley v. Workday, Inc., a federal court in California has allowed a lawsuit to proceed against Workday, an HR technology...

One Year Later: The Impact of Students for Fair Admissions on Corporate Diversity, Equity, and Inclusion Programs

On June 29, 2023, the Supreme Court’s decision in Students for Fair Admissions v. Harvard dismantled affirmative action in college admissions. While this ruling did not directly address diversity, equity, and inclusion (DEI) efforts outside...

Exercise Caution with Social Media Trends and Trademark Issues 

Navigating Social Media Trends and Trademark Protection  In the fast-paced world of social media, trends like “brat summer,” “coquette aesthetic,” and “strawberry milk makeup” can go viral almost overnight. Despite their brief spikes in popularity...
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