Features
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
Features
'Gig Economy' Guarantees
Much has been written lately about this recent business concept that appears to be changing the way people work, and the nature of traditional jobs. Some of these companies have already become familiar household names ' Uber, Lyft, Airbnb and TaskRabbit ' and new companies that embrace this business model continue to emerge.
Features
ACA-Related Retaliation Claims
This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the "Break Time for Nursing Mothers" law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.
Features
How Startups Can Protect Consumer Privacy and Enhance Cybersecurity
Many startup businesses collect and store vast amounts of personally identifiable information (PII) from consumers, but often fail to adequately protect the privacy of this consumer information. There could be many reasons for this, but it is likely the result of limited budgets and priorities.
Features
First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events
Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.
Features
Leasing and Finance Industry Economic Outlook
The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
Features
Google's Gleaning Of Children's Info Eyed By Third Circuit
A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.
Columns & Departments
Court Watch
Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request <br>Forum Selection Clauses Are Alive and Well
Features
Bonuses and the Reality of Big Law Associate Compensation
In December, Cravath, Swaine & Moore circulated an internal memo setting associate bonuses according to the same scale set in 2014 by Davis Polk & Wardwell. First- and second-year associates will receive up to $15,000, while senior associates can make as much as $100,000.
Features
Problems with the New Test for Joint-Employer Status
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.
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