Commercial Law

  • 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.

    January 31, 2016E. Fredrick Preis, Jr. and Rachael Jeanfreau

  • 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.

    January 31, 2016Bill O'Connor

  • 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.

    January 31, 2016Stan Soocher

  • 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.

    December 31, 2015ALM Staff | Law Journal Newsletters |

  • 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.

    December 31, 2015P.J. D'Annunzio

  • Court Watch

    Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request
    Forum Selection Clauses Are Alive and Well

    December 31, 2015Charles G. Miller and Darryl A. Hart

  • 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.

    December 31, 2015Neil Gluckman

  • 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.

    December 31, 2015Matthew R. Porio

  • Bit Parts

    Fair Use of Abbott and Costello "Who's on First?" Comedy Routine
    Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity

    December 31, 2015Stan Soocher

  • SEC Sets Limits on Crowdfunding

    On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.

    December 31, 2015Thomas D. Selz