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New California Employment Laws Effective January 1, 2013

This fall, the California Legislature and Governor passed a number of changes to California employment laws, most of which take effect on Jan. 1. Below is a summary of the changes most likely to have a practical impact on...more

Netflix Gets an Earful and Settles Suit with Deaf Viewers

The Americans with Disabilities Act has come to the rescue of hearing-impaired movie lovers who can’t watch all their favorites online because some titles lack closed-captioning. On Oct. 11, Netflix Inc. settled a class...more

Act Now Advisory: Internet Business Activities—Are They Now the Bull's-Eye for ADA Public Accommodation Lawsuits?

Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act ("ADA") or...more

Stop at the Intersection of Job Application and Facebook Login

At the intersection of social media and law today is whether employers can or should ask job candidates for their Facebook login information as part of the interview process or force candidates or employees to “Friend”...more

4As Adopt Antidiscrimination in Advertising Policy - Should Help Broadcasters Comply With Requirements for Antidiscrimination...

When the requirement that broadcasters have an antidiscrimination provision in their advertising contracts became effective, the FCC's Enforcement Bureau issued a Fact Sheet that stated that broadcasters needed to make sure...more

Federal Lawsuit Alleges Infringement of Minors' New York Right of Publicity by Facebook "Like" and "Friend Finder" Features

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the...more

FCC Issues Advisory on Nondiscrimination Clause Required to Be Included in All Broadcast Advertising Contracts - What Should the...

Last week, we wrote about the new requirement for a nondiscrimination clause in all broadcast advertising contracts. In the new license renewal applications, broadcasters must certify that they do not discriminate in the sale...more

"Belongs To The Company" Means Exactly That

In Holmes v. Petrovich Development Company, plaintiff Gina Holmes sued her former employer for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional...more

Ascentive, LLC v. Opinion Corp.

Bench brief of Opinion Corp., Inc. regarding likelihood of confusion in domain names

At the preliminary injunction hearing in this matter (see related documents), the court asked for further guidance on the issue of fair use as a defense to trademark infringement in the context of domain names. As of July...more

Ascentive, LLC v. Opinion Corp.

Brief of Opinion Corp. in Opposition to Ascentive LLC's Motion for a Preliminary Injunction

Brief by the owners of Pissedconsumer.com in opposition to the motion by Ascentive, LLC for a preliminary injunction censoring consumer complaints about the company on the website. As of July 2011, the court had not ruled...more

Ascentive, LLC v. Opinion Corp.

Answer and Counterclaim of Defendant Opinion Corp.

Answer and counterclaim by the owners of PissedConsumer.com in the lawsuit brought by Ascentive, LLC to censor consumer complaints posted on the PissedConsumer.com website....more

The D.C. Circuit Reminds Employers of the Perils of Selectively Enforcing Their Solicitation and E-Mail Policies Against...

On July 7, 2009, in the ongoing saga involving the ability of employees to use their employer's e-mail systems for union-related activities, the D.C. Circuit Court of Appeals reversed a portion of the National Labor Relations...more