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Is Trump’s Copyright Claim Against Woodward “Trumped Up”?

Published: February 23, 2023

by Scott M. Hervey
The IP Law Blog

Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Proposed Medicare and Medicaid Enrollment Rule for Skilled Nursing Facilities Implements Law Expanding Regulation of Private Equity Investments in Healthcare, Foreshadowing a Likely Trend

Published: February 17, 2023

by Jeanne L. Vance
The Healthcare Law Blog

On February 13, 2023, the Centers for Medicare & Medicaid Services (“CMS”) proposed a long-delayed regulation that would implement a provider enrollment provision of the Affordable Care Act that expands the information required to be disclosed by skilled nursing facilities (“SNFs”). The law requires that SNFs report detailed information to CMS regarding SNF relationships with private equity companies, real estate investment trusts and other real estate lessors, clinical consultants and providers of accounting and financial services during the provider enrollment process. The proposed rule was published in the Federal Register on February 15, 20231. The proposed changes are subject to comment; comments must be received by CMS by April 14, 2023. To become final, CMS would respond to these comments and issue a final rule thereafter.

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

Published: February 15, 2023

by Meagan D. Bainbridge
The Labor & Employment Law Blog

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.

GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims

Published: February 9, 2023

by James Kachmar
The IP Law Blog

Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third parties. Until recently, the Ninth Circuit had not decided whether to extend the protections of section 230 immunity to a website domain registrar such as GoDaddy.com. On February 3, 2023, in the case Rigsby v. GoDaddy, Inc., the Ninth Circuit affirmed the dismissal of rather sympathetic claims against GoDaddy and found that section 230 immunity would apply to plaintiffs’ claims.

Oh Mama! Federal Changes You Need to Know for Pregnant, Breastfeeding, and Postpartum Employees

Published: February 8, 2023

by Rachel E. Davey
The Labor & Employment Law Blog

The PUMP Act

The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new federal law, and also by any parallel state law. California, for example, already had laws regarding requirements for breastfeeding employees (Cal. Lab. Code §§1030-1033), which apply to all employers, including employers with under 50 employees. For the most part, the PUMP Act simply brings the federal minimum standard to a similar base-line of protections.

District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101

Published: January 26, 2023

by Eric Caligiuri
The IP Law Blog

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.