??LWIL #22: Bees or Fish, Pfizer's Patent Portfolio, Expanding Definitions and More
In California, Where All Things Are Possible, Bees Are Now Fish
What's on the docket this week:
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Featured Story: In California, Where All Things Are Possible, Bees Are Now Fish
Yes. ??= ??
The Sacramento-based California Court of Appeal reversed a lower court’s ruling Tuesday for seven agricultural groups who argued that the California Endangered Species Act (CESA) expressly protects only “birds, mammals, fish, amphibians, reptiles, and plants” – not insects.
The Court disagreed, finding that “each of the four bumblebee species may be listed as an endangered or threatened species,” Robie wrote, joined by Acting Presiding Justice Cole Blease and Associate Justice Andrea Lynn Hoch.
Bees are fish. Cats sleeping with dogs. Up is down.
Moral of the story: You never know what a Court is going to do.
?? IP/Transactional
Pfizer Patent Portfolio Passed to The Poor
After coming under fire during the Covid-19 pandemic, Pfizer and other pharmaceutical companies came under fire for the uneven distribution of its coronavirus vaccine, the pharmaceutical company has vowed to make a change. In cooperation with the Bill and Melinda Gates Foundation, the pharmaceutical giant will make its?entire portfolio of patented medicines and vaccines available to the world’s poorest countries?on a not-for-profit basis in a bid to narrow the global healthcare gap. This effort will begin with five countries, Uganda, Malawi, Senegal, Ghana, and Rwanda and the learnings from these five countries will be applied to support the rollout for the remaining 40. Supply is only the first step to helping patients, but the 23 medicines and vaccines to treat infectious diseases, some cancers, and rare inflammatory diseases are a promising step in the right direction.
?? Litigation
California Supreme Court Expands Definition of Wages
A recent California Supreme Court ruling had overturned the?Naranjo v. Spectrum Security Services, Inc.?ruling which stated premium pay “is a statutory remedy for an employer’s conduct, not an amount ‘earned’ for labor, work,” or service performed by the employee. In the new pro-employee ruling, California?employers now face derivative liability for failing to list premium payments?for meal periods or rest breaks on their wage statements. The Supreme Court reasoned that premium pay, even though designed to compensate for the right to breaks, also compensates employees for the work they performed during the break period. As California continues to expand the definition of wages, employers face a wider range of exposure and liability.
领英推荐
?? Legaltech
Paradigm Acquires Leading Immigration Case Management Software
Paradigm, a leading provider of legal software, announced a recent acquisition with LollyLaw, an award-winning cloud-based practice management solution built for immigration law firms. Immigration law has a?reputation for being one of the most complex and demanding practice areas for attorneys. A single oversight in a visa or other immigration form could delay a case for years. LollyLaw is designed to offer a single intuitive platform to streamline the major functions of a firm and manage the cumbersome, but ultimately rewarding, immigration process. With the backing of Paradigm, LollyLaw looks to fall into the hands of every immigration firm in the country in order to help as many people as possible during some of their toughest moments.
?? Criminal/Politics
Pattern Of Warrantless Bus Searches on I-20 Emerges
An early morning traffic stop on I-20 yielded 27 pounds of marijuana, 12,000 ecstasy pills, and one arrest, but the biggest thing revealed was the troubling pattern of nonconsensual, warrantless drug investigations in South Carolina’s Aiken County. Reports of dozens of similar incidents emerged during legal proceedings in South Carolina’s Second Judicial Circuit. Upon further investigation of these incidents,?deputies appear to be using minor traffic violations as a pretense for conducting wholesale searches?with little or no probable cause. Despite many of these traffic stops leading to larger drug busts, the deputies’ unprovoked actions are nothing short of unconstitutional and are cause for concern.
?? Finance/Econ/Regulatory
Epic Games’ Latest Filing in App Store Antitrust Case
In a new court filing, Epic Games challenges Apple’s position that third-party app stores would compromise the iPhone’s security. Epic Games wants to earn the right to deliver games, like Fortnite, to iPhone users outside the App Store, or at the very least be able to use its own payment processing systems. The gaming company is arguing that if Apple can allow “sideloading” apps, installing apps outside of Apple’s own App Store, on Mac devices, then surely it could be done for iPhones. Epic Games is looking to show the tech giant that the process of?sideloading doesn’t have to be the security threat they are making it out to be. The results of this case could open the door for other companies to remove Apple as an intermediary when delivering products to Apple users and reshape the way third-party app stores do business.
?? Ethics
Don’t Shoot at Co-Workers
Discipline:?Resigned from the bar. Story:?ABA Journal.
Until next week, adjourned.
Keith & Tracey
p.s. - please send me your stories, news, & tips for inclusion in future editions?[email protected]
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