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ACA-Related Retaliation Claims Image

ACA-Related Retaliation Claims

E. Fredrick Preis, Jr. & Rachael Jeanfreau

This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the "Break Time for Nursing Mothers" law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.

Features

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events Image

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events

Stan Soocher

Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.

Features

Mobile Data, Social Media, and Modern e-Discovery Image

Mobile Data, Social Media, and Modern e-Discovery

Jim Gill

It's easy to see how the Information Age has transformed the world once again. Old ways of doing things are no longer practical, and new guidelines for the way we conduct business are being formed in real-time. Keeping up with this changing landscape is vital in order to survive.

Features

Problems with the New Test for Joint-Employer Status Image

Problems with the New Test for Joint-Employer Status

Matthew R. Porio

This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

Features

SEC Sets Limits on Crowdfunding Image

SEC Sets Limits on Crowdfunding

Thomas D. Selz

On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.

Features

New Year's Resolution for GCs in 2016: Establishing a Data Governance Committee Image

New Year's Resolution for GCs in 2016: Establishing a Data Governance Committee

David F. Katz

Data is an increasingly valuable corporate asset that must be managed competently, efficiently and responsibly in order for a company to be well-positioned to thrive in a connected and data driven economy. Governing of the organization's data must be a priority for 2016. Organizations that don't put proactive systems in place now may find themselves a distant memory from the dawn of the age of the Internet of Things (IoT) for a whole host of reasons.

Features

111010001: An Article of Commerce? Image

111010001: An Article of Commerce?

Bryan Kohm & Stefan Szpajda

In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.

Features

Defining Big Data In the e-Discovery World Image

Defining Big Data In the e-Discovery World

John Ferguson

As a data analyst, I'm always interested in investigating data trends in different industries. In 2015 ' and at the end of the last five years ' I've looked back at what Big Data really means in the e-discovery world, where large data volumes can equal a lot of time, a lot of money, and a more challenging case.

Features

Catching Counterfeiters With Page Vault Image

Catching Counterfeiters With Page Vault

Rob Holmes

As the CEO and founder of IPCybercrime, my team and I have developed a systematic approach to investigating the online sale of fake branded goods. We work with law firms and corporate counsel to build cases against the counterfeiters. In the last decade, we've assisted in shutting down hundreds of thousands of websites offering counterfeit goods for sale. In many cases, $100s of millions were at stake.

Features

Preparing for a Data Breach with Cyber Insurance Image

Preparing for a Data Breach with Cyber Insurance

Collin Hite

Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.

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