Criminal Law, Conflict of Laws, Labor & Employment Law

You Can Still Get Fired for Smoking Pot in Colorado

by Aaron Kase | Lawyers.com on 5/2/2013

Employees in Colorado can still be fired for testing positive for marijuana, an appeals court ruled last week. Medical use of marijuana has been legal in Colorado since 2000, and the state legalized the drug outright...more

Can You Be Fired for Using Medical Marijuana?

by Michele Bowman | Lawyers.com on 1/11/2013

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

by Justin S. Coffey, Andrew W. Merrills | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/19/2012

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

Circuit Split: How Does the CFAA Apply to Employment Cases?

by Cullen and Dykman LLP on 10/15/2012

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

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

by Downs Rachlin Martin PLLC on 10/2/2012

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

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

by Foley & Lardner LLP on 8/3/2012

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

Fourth Circuit Decision Deepens Split of Authority on Federal Computer Fraud and Abuse Act's Prohibition on Conduct that "Exceeds...

by Davis Wright Tremaine LLP on 8/2/2012

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

From the Archives: Roger Clemens and Lie Detector Tests

by Pullman & Comley, LLC on 7/5/2012

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

Supreme Court Bars Arizona, Other States From Criminalizing Alien Employment

by FordHarrison on 6/27/2012

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

Ariz. Immigration Ruling May Save Cos. From State Law Hassles

by Mintz Levin - Immigration on 6/27/2012

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

Justices Seem Open To Upholding Ariz. Immigration Law

by Mintz Levin - Immigration on 5/1/2012

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

Ninth Circuit Gives a Narrow Interpretation of What Constitutes a Violation of the Computer Fraud and Abuse Act

by Patton Boggs LLP on 4/13/2012

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

The Computer Fraud And Abuse Act Subject To Different Interpretations

by Patton Boggs LLP on 3/23/2012

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

French employees should check their privacy settings before posting on social media platforms

by Proskauer - Privacy & Data Security on 2/28/2012

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

Mastering the Legalities of Medical Marijuana

by Dinsmore & Shohl LLP on 11/18/2010

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

California Supreme Court Affirms Employer's Ability To Terminate Employee For Off-Duty Medical Marijuana Use

by Morrison & Foerster LLP on 1/30/2008

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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Criminal Law › Conflict of Laws › Labor & Employment Law