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Minnesota recently became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota’s new marijuana law...more
The law giving handgun carry-permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1, 2013. With the enforcement deadline at...more
In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more
Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more
Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more
The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more
The U.S. Court of Appeals for the 4th Circuit has issued a ruling in WEC Carolina Energy Solutions v. Miller, holding that the federal Computer Fraud and Abuse Act (“CFAA”) prohibition on exceeding “authorized access” to a...more
With a jury acquiting Roger Clemens on perjury charges last month, I thought it would be fun to take a look back at a post I did way back in January 2008 where he initially suggested he would take a lie detector test....more
The key takeaway for employers from the Supreme Court's ruling yesterday on Arizona's controversial Senate Bill (SB) 1070 law is that states cannot make criminals out of those in their jurisdiction who work or seek employment...more
Originally published in Law360, New York (June 25, 2012, 8:49 PM ET)
The U.S. Supreme Court's ruling that several portions of Arizona's controversial immigration law were preempted by federal law will likely stanch the...more
Originally published in Law360, New York (April 25, 2012, 4:53 PM ET)
The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more
On March 22, 2012, Patton Boggs LLP posted a client alert (available here) on the antihacking Computer Fraud and Abuse Act (CFAA), discussing that different federal courts were split on whether the CFAA imposes liability on...more
Among its various provisions, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030, subjects a person who “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains …...more
It may seem obvious to a lay person that employees should refrain from insulting their companies on social media due to the threat of termination for cause; however, there are contradictory legal principles that apply to the...more
Medical-marijuana laws present employers with a unique dilemma regarding how they handle employees or applicants who test positive for illegal drug use as compared to how they handle persons who test positive for prescribed...more
May a California employer refuse to hire a candidate who tests positive for marijuana use, if the candidate is qualified to use marijuana for medical purposes under California law? Does it matter that such marijuana use is...more
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