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NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft...more

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under...more

"Guidance" That Does Not Guide: NLRB General Counsel Issues Interpretations of Common Employee Handbook Policies

We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and...more

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). ...more

(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...more

To Be Judged Not By the Color of Their Skin, But By the Content of Their Legal Briefs

[Ed. Note: In honor of Martin Luther King, Jr. Day, we'd like to re-run one of our favorite seasonal blog posts, thereby honoring Dr. King's legacy not only as a visionary and civil rights leader, but also as a copyright...more

Three Point Shot - September 2012

In This Issue: - In Tennis Channel Carriage Dispute with Comcast, Ball is Now in Appeals Court - Crimson Tide Infringement Claims Turned Back by Artist's Fair Use Defense - Citius, Altius, Litigious: USOC,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...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

COICA: Big IP "supersizes" it

The proposed new IP-enforcement law, COICA, is meant to be address a very real problem. But it threatens to cause its own set of new problems, and ignores the real reform of IP law that Congress continues to sidestep in...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

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