Issues in Using Unlicensed Photos On Websites
August 02, 2015
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Policies and Procedures As a Basis for Liability
August 02, 2015
In last month's newsletter, we discussed the fact that, in some jurisdictions, evidence that medical facility policies and/or procedures were not followed may be introduced to show that its medical practitioners did not meet the standard of care. The discussion concludes herein.
Behind the SEC's Recent Crackdown on Compliance Officials
August 02, 2015
Recent comments by SEC Commissioner Daniel Gallagher were noteworthy for both their candor and the subject he raised. On June 18, he wrote that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firm's compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
August 02, 2015
The NLRB's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
Transgender Employees' Access to Restrooms In the Workplace
August 02, 2015
Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee's access to restroom facilities while at work. The following provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.
The Inter-Continental Conundrum
August 02, 2015
Corporations with U.S. and overseas operations run the risk that an accident or other alleged wrongdoing abroad will land in both foreign and U.S. courts. Sometimes it is right after the event occurs, and other times, litigation begins in the foreign courts and comes to the U.S. months or years later.
How to Determine a Diligent Job Search
August 02, 2015
If a plaintiff in a discrimination case or a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.
'Customary Operations' or A Vacant Building?
August 02, 2015
Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
Case Notes
August 02, 2015
Discussion of a recent ruling from Massachusetts.
