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News & Analysis as of

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...more

Drone Privacy Implications Following the FAA’s Proposed Regulations

As Amazon recently stated in a letter to the FAA, “One day, seeing Amazon Prime Air will be as normal as seeing mail trucks on the road today.” Most people are aware that drones are well on their way towards full integration...more

Beware – Price Fixing by Algorithms

So, you’ve designed a great looking poster. Posters are sold all over Twitter and other social media sites, and now you’ve been lucky enough to land a space in Amazon Marketplace. You’re not the only one selling posters, of...more

Tips For Meeting The Evolving Standard For Indefiniteness

The U.S. Supreme Court reigned in the Federal Circuit’s indefiniteness standard for patent claims almost a year ago in Nautilus Inc. v. Biosig Instruments Inc. Recently, on April 27, 2015, the Federal Circuit revisited the...more

Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

Over 4,400 comments on FAA’s proposed drone framework; Amazon wants less restrictions and more room for technological advancement

The comments period closed on April 24, 2015, for the Federal Aviation Administration’s proposed drone framework and regulations, and there were over 4,400 comments submitted. Among those opposed to the limited scope of the...more

FAA approves Amazon’s second request to test its delivery drones in the skies

While Amazon.com Inc. (Amazon) did receive approval to fly its test drones from the Federal Aviation Administration (FAA) back in March of this year for its July 2014 request, that approval proved to be useless after Amazon...more

First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea

In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to...more

Looking At Those Amazon Non-Competes From A Kentucky Perspective, P.2

In our last post, we began looking at a non-compete agreement Amazon has been imposing on warehouse workers, even temporary workers. We’ve specifically been looking at how the agreements might fare under Kentucky law. ...more

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more

Up, Up, and Away: Insurance Market for Commercial Drones Set to Take Off

Unmanned Aerial Vehicles (UAVs or Drones) have been in the news increasingly over the past decade. While it began, primarily, with the federal government’s use of Drones through the military and federal law enforcement...more

Status Updates - April 2015 #2

Bad ads. New research shows that 5% of the people visiting Google-related websites are using computers infected with programs that insert illegitimate ads onto web pages; as a result, these web surfers see ads that site...more

Department of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace...

On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the...more

Looking At Those Amazon Non-Competes From A Kentucky Perspective

We’ve been talking about non-compete agreements on this blog, first focusing on the various factors judges consider when evaluating the legality of such agreements and then looking at the non-competes to which Amazon.com...more

Should These Non-Compete Agreements Be Enforced?

In our last couple posts, we’ve been speaking about non-compete agreements and the way they are evaluated by courts in the state of Kentucky. Given all that we have discussed, it is interesting to look at the way a massive...more

MoFo New York Tax Insights - Volume 6, Issue 3 - March 2015

In This Issue: - Key Proposals in Governor Cuomo’s 2015-16 Executive Budget - ALJ Holds That Online Reservation Receipts Are Not Sourced to New York - ALJ Rules Taxpayer Is Not Required to Use NOLs in...more

Amazon Prime Air closer to takeoff: FAA grants Internet giant's request for drone ‘exemption’ and experimental certificate

In a March 13, 2015 letter, the Federal Aviation Administration (“FAA”) granted an affiliate of retail giant Amazon.com, Amazon Logistics, Inc., an exemption from certain flight rules so it can test new unmanned aircraft...more

IT Services with Chinese Characteristics

The "Amazon of China" is following Amazon's playbook yet again with their investment in the cloud. Aliyun, Alibaba's technology arm, already operates five Chinese data centers supporting 1.4 million customers. They cite high...more

The United States Supreme Court Clarifies Boundaries of Compensable Time Under FLSA

The Fair Labor Standards Act (“FLSA”) requires that employees be paid for all work and receive overtime pay for work that is part of the employee’s “principal activities” beyond 40 hours a week. However, the FLSA also states...more

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

Post-Shift Security Screens Are Not Compensable Work Time

In Integrity Staffing Solutions, Inc. v. Busk, the U.S. Supreme Court unanimously held that employers are not required to compensate employees for time spent in security screens under the Fair Labor Standards Act (“FLSA”)....more

FCC Proposes to Regulate Internet-Based Video Programmers

With the expansion of “over-the-top” (OTT) video programming options such as Netflix, Amazon Prime, Roku and Apple TV, the Federal Communications Commission (FCC) is taking a fresh look at its definition of a multi-channel...more

No Overtime for After Work Security Screenings

In another rare unanimous opinion by the U.S. Supreme Court, the Court brought into line the one federal appellate court that deviated from the rest of the country by holding that workers who are required to stay after work...more

U.S. Supreme Court Rules That Time Spent In Mandatory Security Screening at the End of a Workday Is Not Compensable

The United States Supreme Court issued an interesting decision last month on whether employees who are required to undergo security screening after their work was done should be paid for that time. The Supreme Court found in...more

Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

The employer in this case, Integrity Staffing Solutions, Inc., provides staffing to Amazon.com throughout the United States. Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees retrieving and packaging products...more

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