17 December 2025

Structuring an Internal Investigation: from All...

Internal investigations are a vital tool for managing risk, maintaining compliance, and protecting organizational integrity. At their core, these inquiries aim to uncover facts, assess legal exposure, and recommend corrective action. For corporate leaders, understanding the basic structure and purpose of an investigation is essential to handling it properly. An internal investigation typically follows a […]

Off The Clock Episode 100
17 December 2025

Episode 100 – You Can’t Policy That: Real...

🎉 It’s our 100th episode! 🎉 To celebrate, Miller Johnson employment attorneys Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey are cracking open the HR vault and revisiting the wildest, weirdest, and most unforgettable moments from their careers and listener submissions. From bathroom recorders to fart bottles, and sex at work to drug-fueled complaints, […]

15 December 2025

Federal Circuit Shuts Down Attempt to Use IPR E...

Ex parte reexaminations and inter partes review (“IPR”) are two different procedures available at the United States Patent and Trademark Office (“PTO”) to invalidate a patent.  In an ex parte reexamination, a third party can make a request for reexamination, but the third party will have no further involvement if a reexamination is granted.  The reexamination will proceed only between the […]

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. […]

01 December 2025

Déjà Sue: AI Summaries Fail to Dodge Copyright ...

Advance Local Media LLC v. Cohere Inc., No. 25-cv-1305 (S.D.N.Y. 2025) In another case addressing the use of copyrighted works by artificial intelligence technology (“AI”), the Southern District of New York denied a partial motion to dismiss a direct copyright infringement claim related to summaries generated by AI. The court held that the summaries could […]

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

IPR Uncertainty: Sotera Stipulations No Longer ...

In re Motorola Solutions, Inc., No. 25-134, 2025 WL 3096514 (Fed. Cir. Nov. 6, 2025) If you were hoping a Sotera stipulation would bulletproof your Inter Partes Review (“IPR”) petiton from a discretionary denial, the Federal Circuit (“CAFC”) just poured cold water on that plan.  In In re Motorola, the CAFC denied Motorola Solutions, Inc.’s (“Motorola’s”) arguments that […]

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 […]