Big Data, Web 'Scraping' and Competition Law
October 02, 2017
<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
Challenges to the Admissibility of Evidence in the 'Omics' Era
October 02, 2017
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Patent Lost Profit Damages and Apportionment
October 02, 2017
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
Opt-Out Incentives: The Ins and Outs
October 02, 2017
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.
Internal Whistleblowers
October 02, 2017
<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</b></i><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i> to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
Estate of Ultra Festival Co-Founder Loses Stock Fight
October 02, 2017
The company that licenses the brand for Miami's Ultra Music Festival won a key appellate dispute against the estate of co-founder Alex Omes. Florida's Court of Appeal, Third District, has ruled that Omes' brother, Carlos, will not be appointed president of Ultra Enterprises Inc. and will have to accept the court's valuation of Alex Omes' shares, which was about 2% of what Alex Omes argued it should be.
Securing Your Information-Rich Employee Benefit Plans
October 02, 2017
Hackers have turned to a new information-rich source: employee benefit plans. This article examines the threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
FTC Moves Directly Against Social Media Influencers
October 02, 2017
The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.
Arizona's New Paid Sick Leave Law
October 02, 2017
As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.
