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Regulation

  • Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.

    October 02, 2014Robert A. Naeve
  • Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.

    October 02, 2014Ana Tagvoryan and Joshua Briones
  • Apple Inc., Google Inc. and Microsoft Corp. are putting new pressure on Congress to update a 28-year-old law that governs how the federal government can obtain U.S. citizens' electronic data.

    October 02, 2014Andrew Ramonas
  • For employers, social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. Nonetheless, some studies show that 40% of employers search social media during the hiring process. While there are not currently any laws in the United States forbidding employers from gleaning information from social media, improper use can get them into trouble.

    October 02, 2014Morey Raiskin and Celeste Thacker
  • With schools back in session, now is the time for employers to review hiring, payment and scheduling practices for workers under the age of 18. The myriad federal and state child labor laws that employers must heed range from work permit requirements to the hours and type of work performed, all of which vary based on an employee's age and whether school is in session.

    October 02, 2014Erin Winters
  • Never before has so much personal data been available anywhere but also completely outside the immediate control of the person who created it. Companies like Google and Facebook are the entities responding to government search warrants and subpoenas for individuals' personal information. Federal courts continue to struggle ' and sharply disagree ' over the scope of Fourth Amendment protections for this data.

    October 02, 2014Ben Barnett and Rebecca Kahan Waldman
  • U.S. District Judge Phyllis Hamilton was set last month to be the latest jurist in the Northern District of California to grapple with how decades-old federal wiretapping laws apply to today's technology.

    September 30, 2014Ross Todd
  • Despite China's quotas on film and TV program imports, and the country's aggressive content restrictions, the U.S. entertainment industry continues to look at the world's second largest economy as essential for expanding the international audience for U.S. productions. With that in mind, this article examines the first major amendments to China's trademark law in more than 20 years.

    September 02, 2014Xiang Gao
  • Anyone spending 10 minutes on the Internet reading content is often assaulted by angry and coarse language supporting frequently outrageous opinions. The First Amendment concepts of free speech have reached either new highs or discouraging lows when dealing with opinions and blogs on the Internet. In this unrestricted environment, can individuals or businesses protect their reputations?

    September 02, 2014Richard Raysman and Peter Brown
  • Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.

    September 02, 2014Sarah A. Bennington and Anthony M. Insogna