Leave As a Reasonable Accommodation
December 27, 2012
The time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. Cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.
Why Every Lawyer Needs to Lead
December 27, 2012
In a law firm environment, great leaders are necessary to provide client service, build client relationships, develop more junior lawyers, and generally ensure the profitable use of firm resources. This requires everyone's best thinking. How does a leader harness the group's best thinking? The most effective leaders use coaching skills. In other words, all they do is ask the right questions.
Protect Your Firm!
December 27, 2012
Bring-Your-Own-Device (BYOD) programs, which allow employees to use their personally owned smartphones, tablets and laptops in and out of the work environment, are significantly changing information technology (IT). Law firms around the country are embracing BYOD as it lets executives and employees use the mobile devices, service providers and operating platforms of their choice.
Bit Parts
December 27, 2012
Reality TV Shows May be Substantially Similar<br>Suit Can Proceed Against Sponsor of Planned Awards Show<br>Translation of Russian Agreement Allows Copyright Claim to Be Reinstated
Counsel Concerns
December 27, 2012
Damages Assessed Against Lawyer with Share of Royalty Company for Fraudulent Transfer of Assets<br>No Judicial Estoppel against Law Firm in Malpractice Suit over Multimedia Patents
Decisions of Note
December 27, 2012
Suit over Santa Song Filed in Wrong Court<br>$320M Affirmance in Millionaire Case
Analysis of Appeals Courts' Views on File Sharer Damages
December 27, 2012
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Video Privacy Law and Online Services
December 27, 2012
The Video Privacy Protection Act has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet. The VPPA, which generally prohibits video service providers from releasing personally identifiable information without written consent, has become a relevant concern for modern media providers because such services are now typically linked to social media sites that allow users to share viewing habits, something that was not possible 20 years ago.
Factors in Assessing Statutory Damages for Digital Copyright Infringement
December 27, 2012
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
Legal Issues Involving Obesity and the ADA
December 27, 2012
Three federal cases indicating growing acceptance of obesity as a condition covered by the ADA, combined with obesity rates among the nation's workforce at an all-time high, portend additional claims from plaintiffs demanding accommodations for their conditions ' and more suits against employers that fail to provide them.
