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In-depth analysis of recent rulings.
Features
What building modifications trigger an obligation to comply with the accessibility requirements of the Americans with Disabilities Act (ADA)? The Second Circuit addressed that question in <i>Roberts v. Royal Atlantic Corp.</i> and reached a number of important conclusions.
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When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.
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In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.
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The recent ruling in <i>Io Group Inc. v. Veoh Networks Inc.</i> has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media. Veoh is an Internet TV platform similar to YouTube that hosts user uploaded content. When clips from adult movies owned by Io Group appeared on Veoh's network, Io brought a copyright infringement suit, rather than issuing DMCA notices to Veoh requesting that its content be removed. Io lost its case.
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The U.S. Court of Appeals for the Eleventh Circuit decided that a federal district court in Florida had personal jurisdiction over a Tennessee-based personal manager who used the indicia of a Florida musician on his Web site.
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Vocal groups from the 1950s don't just fade away ' they splinter into separate acts that go on to fight over which is a true descendant of the original. In the U.S. and Canada, there are no fewer than 10 groups performing as The Drifters, or some minor variation. To help fans separate bona fide artists from pretenders, New Jersey and 26 other states have passed the "Truth in Music Act," forbidding performers to advertise themselves as affiliated with a recording group unless they demonstrate the connection by specified means.
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The new $700 billion U.S. financial bailout bill included some tax zingers to buy off House of Representative votes. One such zinger was an extension and amendment to Internal Revenue Code Sec. 181, which now provides a deduction for the first $15 million of the cost of certain films produced in the U.S. This article summarizes Sec. 181, including the impact of the Amendment and the IRS Temporary Regulations issued last year.
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In an era where employment laws continue to evolve, an important, but often overlooked, aspect of legal compliance is an employer's record-keeping procedures. Here's what you need to know.
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While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.