Cullen and Dykman LLP

Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the…more
| Communications & Media Law, Intellectual Property, Privacy, Science, Computers, & Technology

Appellate Court Provides Guidance for Determining Whether a Credit Transaction is Subject to TILA

The Truth-In-Lending Act (“TILA” or the “Act”) governs consumer credit transactions, which are defined as transactions in which (1) credit is offered or extended to a natural person, and (2) the money, property, or services that…more
| Finance & Banking, Real Estate - Residential

OCC Issues Consent Order against Citizens Bank for Deposit Reconciliation Practices

The Office of the Comptroller of the Currency (“OCC”) has entered into a consent order with Citizens Bank, National Association (the “Bank”), finding that the Bank’s deposit reconciliation practices constituted unfair and…more
| Antitrust & Trade Regulation, Consumer Protection, Finance & Banking

U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to determine…more
| Civil Rights, Constitutional Law, Education

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Consumer Protection, Labor & Employment Law

NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However,…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Second Circuit holds that the Affordable Care Act does not violate the Religious Freedom Restoration Act

On August 7, 2015, in Catholic Health Care System v. Burwell, the Second Circuit Court of Appeals held that the Religious Freedom Restoration Act (“RFRA”) is not violated by certain regulations promulgated under the Affordable…more
| Health, Labor & Employment Law, Nonprofit Law

Federal Court Dismisses Transgender Student’s Title IX Claims in Restroom Lawsuit

Last week, U.S. District Judge Robert G. Doumar ruled that a school board’s decision to prohibit a transgender student from using the male restroom does not constitute unlawful discrimination under Title IX of the Education…more
| Civil Rights, Education

President Obama Drafts Executive Order Requiring Paid Sick Leave for Government Contractors

On August 5, 2015, President Obama drafted an executive order that would require all employers that contract with the federal government to provide paid sick leave to individuals who are sick, seeking medical attention, or…more
| Government Contracting, Labor & Employment Law

Accused Student’s Title IX Claim Gets Rejected

A recent Title IX lawsuit by a University of South Florida (“USF”) student was dismissed by a federal judge. The student, John Doe, accused USF of violating his rights under Title IX of the Education Amendments of 1972, 20…more
| Civil Rights, Education

Wal-Mart Accused of Gender-Discrimination Because of Anti-Gay Insurance Policies

In Cote v. Wal-Mart Stores, Wal-Mart is facing the possibility of a class action suit from a former employee who claims that the company’s denial of healthcare benefits to her same-sex spouse amounts to sex discrimination. The…more
| Civil Rights, Commercial Law & Contracts, Health, Insurance, Labor & Employment Law

UPS Faces Unlawful Religious Discrimination Charges for Violating Title VII

On July 15, 2015, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) filed a complaint, EEOC v. United Parcel Service; Civil Action No. 1:15-cv-04141, in the Eastern District of New York against United…more
| Civil Rights, Labor & Employment Law

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of brief…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Employee versus Independent Contractor? New DOL Guidance Suggests that Most Workers are Employees

In the wake of recent lawsuits and administrative proceedings against Lyft, Uber and other similar companies for misclassifying employees as independent contractors, the U.S. Department of Labor (“DOL”) has provided new guidance…more
| Labor & Employment Law

The Sixth Circuit Finds Complaints to Harassing Supervisor Constitute Protected Activity Under Title VII

A recent U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”) decision could have major implications for employers within its jurisdiction. In EEOC v. New Breed Logistics, No. 13-6250, 2015 U.S. App. LEXIS 6650, the…more
| Civil Rights, Labor & Employment Law
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