Problems with the New Test for Joint-Employer Status
December 31, 2015
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.
111010001: An Article of Commerce?
December 31, 2015
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.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
December 31, 2015
The Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> announced a sweeping change to the law of personal jurisdiction. The Court held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home."
Quarterly State Compliance Review
December 31, 2015
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2016. It also looks at some recent decisions from the courts of Delaware, Minnesota and Texas.
Med Mal News
December 31, 2015
Items about website slander of a doctor, and over-prescription of drugs.
Infringement In The Cloud
December 31, 2015
The delivery and discovery of media over the Internet has left the hackers and pirates behind and become part of the licensed distribution chain, just as videotape did. The term "file sharing" is now more likely to describe a multi-billion dollar, cloud-based collaboration platform than a piracy site. And courts are beginning to examine the law of contributory infringement in that complex new context, as U.S. District Judge Andrew Carter did recently in <i>Smith v. BarnesandNoble.com.</i>
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
Defining Big Data In the e-Discovery World
December 31, 2015
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.
