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FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

Health Alert (Australia) - 28 October 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: Commonwealth - 23 October 2013 - Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2013] FCA...more

Health Alert (Australia) - 5 August 2013

In This Issue: - Cases - Legislation - Reports - Except from Cases: Australia. Family Court - Re: Jamie [2013] FamCAFC 110 - The child concerned, "Jamie", was born male but later...more

Texas Court Refuses To Prohibit RFID Tags In School

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...more

Clip of Deposition May Remain on YouTube

A video clip from a policeman’s deposition may remain on YouTube because the city failed to justify why it should be taken down. The City of Collinsville, Illinois, sought a protective order to remove the video clip, which...more

Second Federal Court Tackles Absence of Closed Captions in Netflix Web-Streaming

In the wake of a federal district court in Massachusetts rejecting arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (ADA), a...more

Fenwick Employment Brief - July 2012

In This Issue: - U.S. Supreme Court Rules That Pharmaceutical Sales Representatives Qualify For Outside Sales Exemption - Possible Implications For California Employers NEWS BITES: - Taking Time Off Work To...more

Higher Education Highlights - Spring 2012

In This Issue: - Will the U.S. Supreme Court Uphold Race-Based Affirmative Action? pages 1 - 3 - UCLA and Professor Face Fines and Criminal Charges in the Aftermath of Fatal Lab Fire pages 4 - 5 - Law School...more

Fenwick Employment Brief - September 19, 2011

In this issue: "Me Too" Sexual Harassment Evidence Admissible; NLRB Focused on Employee Social Media Posts; Employers Required To Post Notices Of Labor Rights By November 14; Employee Not Entitled To Reinstatement Rights...more

California Employment Law Notes - May 2011

In This Issue: - State Limitations On Arbitration Agreements Are Preempted By Federal Law: AT&T Mobility v. Concepcion, 563 U.S. ___, 2011 WL 1561956 (2011) - Employee Who Complained Orally About FLSA Violation...more

Motion to Compel to Camera Phone Photo

Just as the Def Leppard Song Goes: All I got is a photograph — and it is not enough. (From the classic Photograph). This is the story of a motion to compel production of a cell phone photo...without an underlying request...more

Fenwick Employment Brief

IN THIS ISSUE: *Meal and Rest Break Obligations Still Up In The Air *California Overtime Law Governs In-State Work By Non-Residents *NEWS BITES .."Me, Too" Evidence Inadmissible In Age Discrimination Suit ..FEHA...more

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