Labor & Employment Law, Communications & Media Law, Business Torts

Investment Management Legal + Regulatory Update -- May 2013

by Luke T. Bagley, Jay G. Baris, Thomas M. Devaney, Kelley A. Howes, Robert E. Putney, III, Isabelle Sajous | Morrison & Foerster LLP on 5/17/2013

In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in...more

Who Owns an Employee’s LinkedIn Account?

by John Martin | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more

Who Owns Your Online Persona?

by Wayne Chang, Paul Cowie | Sheppard Mullin Richter & Hampton LLP on 3/27/2013

Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more

The Common Law Release Rule Meets Its Demise In California

by Peter Bauman - Senior Associate at Tharpe &... on 1/15/2013

California Code of Civil Procedure Section 877 (CCP 877) modified what is commonly referred to as the common law release rule. Prior to 1957, that rule held that the release of one tortfeasor given by a plaintiff had the...more

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Robert Freedman - Partner at Tharpe & Howell,... on 1/11/2013

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

2012 Workplace Issues in Review – What H.R. needs to know

by Robert Freedman - Partner at Tharpe & Howell,... on 1/10/2013

Employers have a lot on their plates for 2013 based on employment law developments during 2012. Here’s a short list of some issues that need to be addressed. It is not a comprehensive listing but offers highlights in certain...more

Contract Disputes and Prevailing Party Attorneys Fees in California

by Peter Bauman - Senior Associate at Tharpe &... on 1/9/2013

Under California law, the recovery of attorneys’ fees are authorized by statute in a variety of situations. Among these are contract disputes. The “prevailing party” in a contract dispute is entitled to recover their...more

E-Discovery Guidelines Coming To A Court Near You

by Robert Freedman - Partner at Tharpe & Howell,... on 1/8/2013

New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more

Employee Burnout

by Robert Freedman - Partner at Tharpe & Howell,... on 1/1/2013

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Mobile App Privacy Developments In California

by Robert Freedman - Partner at Tharpe & Howell,... on 12/31/2012

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

by Peter Bauman - Senior Associate at Tharpe &... on 12/31/2012

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Employer Liability for Unreported Time

by Robert Freedman - Partner at Tharpe & Howell,... on 12/28/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Increase In Wage and Hour Lawsuits

by Robert Freedman - Partner at Tharpe & Howell,... on 12/26/2012

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

Legal Project Management Can Reduce Cost and Future Expense

by Peter Bauman - Senior Associate at Tharpe &... on 12/26/2012

Companies can employ process management techniques to run more efficiently and reduce future legal costs. Among the many steps a company can take in this regard with respect to legal services are the following: 1. When...more

Advantages Of Incorporating A Small Business

by Robert Freedman - Partner at Tharpe & Howell,... on 11/16/2012

Small businesses can benefit from operating as corporations. If a small business is not a corporation it is most likely operating as a sole proprietor (one person) or partnership (two or more owners). But neither a sole...more

Spoiling Evidence Intentionally Comes With A Price

by Peter Bauman - Senior Associate at Tharpe &... on 11/9/2012

The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is...more

Important Contractual Provisions

by Robert Freedman - Partner at Tharpe & Howell,... on 11/5/2012

A recent North Carolina case, Perficient v. Pickworth (8/6/12) points out the importance of including provisions in business and employment contracts under which the parties agree where litigation will take place (a forum...more

Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

by Duane Morris LLP on 11/1/2012

This case underscores the significance for employers to create and maintain social media policies that address the control and ownership of company-sponsored social media accounts. ...more

Development In Social Media Discovery

by Peter Bauman - Senior Associate at Tharpe &... on 10/30/2012

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

California Electronic Discovery Act

by Robert Freedman - Partner at Tharpe & Howell,... on 10/23/2012

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

Creating Simple and Enforceable Contracts: Lofty Goal or Foolish Fantasy?

by Robert Freedman - Partner at Tharpe & Howell,... on 10/22/2012

Some argue that contracts need not be “filled with mind-bending legal gibberish” and that plain simple everyday language will suffice. Perhaps attorneys need to take a deep breath of fresh air and let go of the legal...more

Creating A Win-Win Relationship With Corporate Counsel

by Peter Bauman - Senior Associate at Tharpe &... on 10/15/2012

Building strong relationships between your company’s in-house corporate counsel and outside counsel is crucial to developing trust, effective representation, and retention to meet your corporate needs. The keys to doing so...more

Employer Takeover of Employee's LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains

by McNees Wallace & Nurick LLC on 10/10/2012

Given the popularity of Facebook, Twitter, and LinkedIn, more and more organizations are resorting to social media sites to promote their brands and manage their public profiles. Employers are also encouraging employees to...more

Employer Access To Employee Social Media Limited In Proposed California Law

by Peter Bauman - Senior Associate at Tharpe &... on 10/5/2012

A bill currently winding its way through the California Legislature would limit the ability of an employer to request that an employee provide access to the employee’s personal social media accounts. AB 1844 “would...more

Sales Teams, Compensation Plans, and Driving Business

by Robert Freedman - Partner at Tharpe & Howell,... on 10/1/2012

A balanced and effective compensation plan is key to motivating your sales team, and a motivated sales team may be the difference in achieving new growth in this challenging economy. But different people want different...more

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Labor & Employment Law › Communications & Media Law › Business Torts