At a hearing on 6 September 2022, lawyers acting for MG Freesites Ltd. (operators of the Pornhub website), raised a constitutional challenge against a recent law that permits France’s online content regulator (ARCOM) to seek...more
On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more
Welcome to the fifth issue of the 2021 edition of Unprecedented. After our last issue published, the United States marked a grim milestone: 500,000 people dead from COVID-19, with about one in three Americans knowing someone...more
On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult...more
Live adult streaming website CAM4 has reportedly not secured 7TB of users’ information, which may be able to be used for blackmail and identity theft purposes, according to researchers from Safety Detectives....more
Seyfarth Synopsis: Purveyors of porn are being sued for offering online videos without closed captioning....more
Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate...more
The Registry Minds + Machines Group Limited (MMX), which owns 32 new generic Top Level Domains (gTLDs) such as .VIP, .WORK or .LUXE, has recently launched a blocking service that enables trade mark holders to protect their...more
Washington Governor Jay Inslee recently signed two bills addressing sexual harassment and assault in the workplace. Both bills require covered hospitality employers and adult entertainment establishments to provide panic...more
In CP Food & Beverage, Inc. v. United States Fire Insurance Company, No. 2:16-cv-024210APG-GWF (D. Nev. Aug. 6, 2018), the U.S. District Court in Nevada found that a commercial crime policy’s coverage for loss “resulting...more
Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more
California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more
The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more
A federal court on Monday held California’s State Insurance Compensation Fund has no obligation to cover a series of claims from three porn actors against Cybernet for allegedly causing them to contract human immunodeficiency...more
Employers should take note of a recent ruling by the U.S. Court of Appeals for the Third Circuit in a case involving the arbitration clause in an independent contractor agreement....more
In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses (“Plaintiffs”) brought separate actions against the City of New York (“City”) based upon First Amendment...more
Company Refused to Hire Male Job Applicant Because of His Sex and Failed to Maintain Required Records of Job Applications, Federal Agency Charges - BIRMINGHAM, Ala. - Gold, Inc., d/b/a Sammy's Gentlemen's Club, a...more
What do tiny homes, marijuana, a sex club, the Satanic Temple, and yoga have in common? They each make an appearance in this installment of the RLUIPA Round-Up!...more
A local adult entertainment club known as “Gentlemen’s Playground” filed a lawsuit in July, 2014 challenging the constitutionality of the City of Rocky Mount’s Sexually Oriented Business Ordinance (“SOBO”). Not only did the...more
Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more
Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more
As employment defense attorneys, we see many strange situations arise in the workplace. The question is, how prepared are you as an employer to handle the wackiness that may potentially arise when your employees make...more
Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more
A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more
Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more