Off The Clock Episode 111
24 June 2026

Episode 111 – Is Unlimited PTO Really Unl...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey  dig into one of the most talked-about benefits in today’s workplace: unlimited PTO. While these policies sound appealing, and can be powerful recruiting tools, they come with legal, cultural, and compliance considerations that employers often overlook. 🔍 Tune in as we explore: The biggest FMLA risks, […]

04 June 2026

Spirits of the Cold War: America Takes Another ...

Recently, the Southern District of New York (“District Court”) denied Federal Treasury Enterprise’s (“FTE”) motion for partial summary judgment seeking to prevent (collaterally estop) Spirits International et. al (collectively, “SPI”) from re-raising issues of trademark ownership that had been decided in Dutch and Russian Courts.  Specifically, the District Court found that even if an international court is considered a “competent jurisdiction,” procedural differences […]

Off The Clock Episode 110
03 June 2026

Episode 110 – Supporting the Sandwich Gen...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the growing workplace challenges created by employees who are caring for aging parents, often while still raising children themselves. As the “sandwich generation” becomes more common, HR professionals are increasingly navigating complex leave requests, accommodation questions, and discrimination risks. They walk through how the FMLA, […]

28 May 2026

Equitable Estoppel Does Not Waive Privilege

In A.L.M. Holding Co. v. Zydex Industries Private Ltd., the district court refused to find waiver of attorney-client privilege that shielded pre-litigation communications with counsel even though the defendant asserted a defense that relied on its pre-litigation knowledge and where the communications with counsel might contradict its position regarding its pre-litigation knowledge. In September 2017, […]

Off The Clock, Ep 109
20 May 2026

Episode 109 – Termination Meetings: Reduc...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey walk HR professionals and managers through how to conduct a termination meeting the right way. Termination meetings are one of the most difficult and legally sensitive moments in the employment relationship, and thoughtful preparation can reduce risk while preserving employee dignity. You can also listen to […]

18 May 2026

Federal Circuit Holds Different Claim Boundarie...

Vascular Solutions LLC et al. v. Medtronic Inc. et al., No. 2024-1398 (Fed. Cir. Sept. 16, 2024); No. 0:19-cv-01760 (D. Minn.) A long-running patent dispute between Teleflex and Medtronic recently ended by settlement after a remand that was unusual even for seasoned patent litigators. Teleflex accused Medtronic’s Telescope guide-extension catheter of infringing a family of […]

14 May 2026

Bottom Line: “Bum Bum” Packaging Falls Flat on ...

On March 17, 2026, the United States District Court for the Southern District of New York held that Sol de Janiero’s (“SDJ”) packaging for a beauty cream product was functional and therefore not entitled to trade dress protection under the Lanham Act. As a result, the court granted summary judgment in favor of Apollo Healthcare […]

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 […]