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Commentary on the latest news and developments in issues that matter to our clients.

Miller Johnson's Off The Clock, Episode 99
03 December 2025

Episode 99 – Social Media and Workplace P...

Can employers take action when employees post something controversial on social media—off the clock, on personal time, and not on company platforms? In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey dig into one of HR’s most frustrating modern issues: how to handle off-duty speech that makes its way into the workplace. […]

 
US Supreme Court Building
21 November 2025

The Supreme Court’s Pending Decision on IEEPA T...

Earlier this year, the Trump Administration invoked the International Emergency Economic Powers Act (IEEPA), a 1977 emergency statute, to impose sweeping import tariffs on various US-trade partners. These unprecedented IEEPA tariffs sparked immediate legal challenges by affected businesses and states, which argued the President overstepped authority. Lower courts have so far agreed. The Supreme Court must […]

19 November 2025

What Triggers an Internal Investigation?

Internal investigations often begin with a spark—an employee complaint, a whistleblower report, a regulatory inquiry, or an audit irregularity. These triggers can vary widely in severity and scope, but they all share one thing in common: they raise questions about potential misconduct or compliance failures. Recognizing these early warning signs is critical for organizations seeking […]

Miller Johnson's Off The Clock, Episode 98
19 November 2025

Episode 98 – The Love Is Blind Labor Figh...

Can a reality TV contestant be considered an employee? In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the Love Is Blind lawsuit and why the National Labor Relations Board (NLRB) says contestants might be employees, not independent contractors. Using the show as a real-world case study, Rebecca and Sarah […]

Open Purple Backpack
13 November 2025

Federal Circuit Vacates Statutory Damages Award...

DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer’s profits […]

Off The Clock Episode 97
12 November 2025

Episode 97 – Freedom of Information Act (...

What really counts as a public record? Can a text message land your organization in legal trouble? And why should private employers care about the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA)? In this episode, Miller Johnson employment attorney Sarah Willey sits down with Rich Cherry to break down two critical […]

Black White With Man Walking in a Shadow
10 November 2025

Fifth Circuit Holds No Immunity for Attorney Fr...

Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense, vacated a $1.5 million trademark damages award, remanded for a consideration of statutory damages, and instructed the district court to consider […]

03 November 2025

Tricky Business – Using A Law You Flout to Avoi...

Cox Commc’ns, Inc. v. Sony Music Ent., No. 24-171 (U.S. Nov. 3, 2025) Music piracy poses a large threat to artists’ copyrights, depriving the music industry of billions of dollars annually. To combat this, music producers often seek out the assistance of Internet Service Providers (“ISPs”) in stopping copyright infringement by the ISPs’ customers. For […]

Off The Clock Episode 96
29 October 2025

Episode 96 – Understanding the DOL’...

Would you ever invite the Department of Labor to audit your company—on purpose? In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the DOL’s recently revived PAID (Payroll Audit Independent Determination) program. This voluntary initiative allows employers to self-report and correct wage & hour or FMLA violations—before the feds come […]