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Business Interests vs. Privacy Rights
Given the speed with which information can be publicly disseminated today, employers need to act quickly but prudently when faced with alleged employee misconduct. Employers can be subject to liability for failing to investigate incidents of harassment or threats of violence, but they also may face claims that they have violated employees' privacy rights if they do not proceed carefully. When hiring third-party investigators, seeking to access employees' social media, or conducting investigative interviews, employers need to balance their legitimate business interests against the rights of all of their employees, not just the targets of workplace investigations.
Hiring Third-Party Investigators
In any investigation of employee misconduct, it's essential that the investigator be able to approach the matter with impartiality. Thus, the employer may benefit from the expertise of a third party who routinely conducts such investigations. But when doing so, the employer needs to make sure it does not run afoul of the Fair Credit Reporting Act (FCRA).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.