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

Off The Clock Episode 108
06 May 2026

Episode 108 – When Employees Use AI to Ta...

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss a growing trend they’re seeing across workplaces: applicants and employees using AI tools like ChatGPT as the primary way to communicate with HR. From AI assisted interviews and job applications to employee complaints and ADA accommodation requests, Rebecca and Sarah walk through the real world challenges […]

 
Off The Clock Episode 107
22 April 2026

Episode 107 – From Red Flags to Solutions...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down one of the biggest sources of cultural and legal risk in any organization: managers. From subtle behavioral warning signs to serious legal red flags, they discuss what HR professionals should watch for, and how to respond effectively. This episode walks through practical, business-minded strategies […]

15 April 2026

Unnamed Inventor, Invalid Patent

Fortress Iron, LP v. Digger Specialties, Inc., 2026 WL 899158 (Fed. Cir. April 2, 2026) The Constitution mandates that the U.S. patent system promote the progress of science and useful arts.  Naming and crediting all inventors has long been central to that mandate.  While the Patent Act allows correction of inventorship errors, patentees should not take that remedy for granted.  In Fortress, the Federal Circuit held that failure to […]

Off The Clock, Episode 106
08 April 2026

Episode 106 – Supervisor Training Checkli...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the most important legal training topics every supervisor should understand. Supervisors are often the first to hear about workplace complaints, medical issues, attendance concerns, and performance problems. That means their response can become the company’s response under the law. Rebecca and Sarah explain why supervisor […]

02 April 2026

No Standing, No Case: Patent Ownership Must be ...

Applications in Internet Time, LLC v. Salesforce, Inc., No. 25-2026 (Fed. Cir. March 16, 2026) After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn’t prove it owned the patents at the time it filed the suit.  The decision in AIT v. Salesforce emphasizes these lessons: The precise wording […]

25 March 2026

Too Late to Antedate: A Sandbagging Strategy St...

In Implicit v. Sonos, the Federal Circuit affirmed the PTAB’s refusal to let Implicit use post-decision certificates of correction to introduce a new antedating theory in inter partes review. Implicit owned two related patents that originally named two individuals as the sole inventors. After Sonos filed IPRs to challenge the patents, Implicit argued that those […]

25 March 2026

Engaging with Regulators During or After an Int...

When a company is under regulatory scrutiny, communication is crucial. Regulators expect transparency, cooperation, and timely updates—but over-disclosure or premature conclusions can backfire. Striking the right balance requires a clear understanding of the investigation’s scope, progress, and legal implications. Effective communication starts with a plan. A company should balance the need for a complete and […]

Off The Clock, Episode 105
25 March 2026

Episode 105 – EEOC Withdraws Harassment G...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the EEOC’s recent decision to rescind its 2024 harassment guidance. They break down what this decision means (and does not mean) for employers. The 2024 guidance generated significant discussion, particularly around: Pronoun usage and hostile work environment claims Bathroom access and gender identity protections Conflicts […]

13 March 2026

Backend Optimization, Frontline Compensation: C...

Exafer, Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar. 6, 2026) In Exafer Ltd. v. Microsoft Corp., the Federal Circuit vacated a district court’s exclusion of expert damages testimony and clarified the proper reach of its 2018 decision in Enplas Display Device Corp. v. Seoul Semiconductor Co. which was understood to stand for the proposition that […]

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