Regulation

  • Asking Prospective Employees for Social Media Login Data

    A recent trend in the human resources community is to ask prospective employees for usernames and passwords to social media sites to allow the hiring employer access to otherwise private information about an employment candidate's "online identity." e-Commerce companies, even though they are based on and operate through online activities, sometimes through social media, should carefully consider what principals and hiring parties in the firms may view as a natural inclination to examine an applicant's or an employee's social media postings and persona by demanding access to the sites.

    May 29, 2012Steven W. Suflas and Mary Cate Gordon

  • Update: The IRS Whistleblower Program

    This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.

    May 27, 2012Sharon L. McCarthy

  • ERISA Class Certification in The Wake of Dukes And Amara

    The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.

    April 29, 2012Darren E. Nadel and Allison R. Cohn

  • Courts in Australia And the U.S. Address Google's AdWords Program

    Appellate courts in both the United States and Australia recently addressed whether Google, Inc. violated the country's respective trademark laws through the use of third-party trademarks as keywords in Google's AdWords advertising program. Google suffered legal losses in both countries.

    April 27, 2012Catherine Malia Ting

  • Second Circuit Revives Copyright Case Against Google, YouTube

    Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.

    April 27, 2012Nate Raymond and Mark Hamblett

  • Thoughts on the Proposed FCPA Guidance

    This year may mark the beginning of a new, more predictable era in the world of FCPA compliance and enforcement. Here's why.

    April 26, 2012Jacqueline C. Wolff and Nicole German Di Schino

  • Online Exclusive: House Rejects Facebook Password Amendment

    The U.S. House of Representatives rejected a proposed amendment to the Federal Communications Commission Process Reform Act of 2012 (H.R. 3309) that would have allowed the FCC to prevent employers from asking for social networking passwords from prospective employees.

    March 30, 2012Steven Salkin, Esq.