Features
Darren E. Nadel
&
Allison R. Cohn
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.
Features
Katherine Henry
Depending upon policy terms, D&O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.
Features
Catherine Malia Ting
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.
Features
Nate Raymond
&
Mark Hamblett
Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like <i>The Daily Show</i> and <i>Family Guy</i> 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.
Features
Steven W. Suflas
&
Mary Cate Gordon
This article addresses legal concerns in accessing a prospective employee's social media information.
Features
Jacqueline C. Wolff
&
Nicole German Di Schino
This year may mark the beginning of a new, more predictable era in the world of FCPA compliance and enforcement. Here's why.
Features
Steven Salkin, Esq.
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.
Features
Jonathan Bick
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
Features
Elise Bloom
&
John Barry
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
Features
Alan L. Friel
&
Jesse M. Brody
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
