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Litigation Alert: California Bans Non-Disparagement Clauses in Consumer Contracts

On September 9, 2014, Governor Jerry Brown signed into law AB 2365, popularly referred to as the “Yelp” bill. The new law, codified at California Civil Code section 1670.8, will prohibit the use of “non-disparagement” clauses...more

To Compete or Not to Compete: Is That the Question?

A June 8, 2014 New York Times article highlighted an increasing trend in the areas of antitrust, competition, and employment law: the enforcement of covenants not to compete. As noted in the article, businesses have...more

The Research Is In: Busy People Are Less Compliant

Demanding work environments are common today. But new research has identified a previously hidden cost to pressure-filled organizations, says Gretchen Gavett of the Harvard Business Review: “neglecting those secondary tasks...more

FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny...more

¿Cómo Se Dice: “Lost in Translation”?

Labor law is filled with many technical rules, the meaning of which can sometimes can be lost in translation. The recent NLRB decision in Labriola Baking Co., 361 N.L.R.B. No. 41 (2014), is a case in point....more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

California Employers May Get Ill Over California’s New Mandatory Paid Sick Leave Law

The collective sobbing you may have recently heard from the west coast of the United States was that of California employers in response to Governor Jerry Brown’s September 10, 2014 signing of AB 1522 – California’s new paid...more

Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States

Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was...more

The Rise of Warranty and Indemnity Policies in M&A Deals

The use of warranty and indemnity (W&I) insurance policies in M&A deals has become increasingly popular in recent years. “This trend is becoming global,” said Rod Brown, a partner in Latham & Watkins’ Singapore office. “There...more

EB-5 Visas and China “Retrogression” – What’s it all about?

In the past, when China exceeded its 7% allocation of US Immigrant Investor Visas (EB-5 visas), Chinese applicants were permitted to take advantage of unused EB-5 visas allotted to other countries. But as of the last week of...more

Court of Appeals for Federal Circuit (CAFC) Issues Decision In U.S. v. Trek Leather – Corporate Officer Held Liable

Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case. The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company....more

Five ACA Issues That Employers Should Be Following

Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA...more

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for...more

Start-ups: Don’t Get Beat(s) Down, Learn from MONSTER’s $3 Billion Mistake

When there’s a huge pile of money staring you in the face, it’s easy to overlook some of the potential pitfalls. But a recent $3 billion monster deal provides a cautionary tale for businesses negotiating make/break the...more

Eighth Circuit Clarifies False Claims Act Pleading Standards for Whistleblowers

The United States Court of Appeals for the Eighth Circuit recently held that whistleblowers may satisfy the False Claims Act’s (FCA) heightened pleading standards without providing representative examples of false claims,...more

US Export Laws Can Apply to Foreign Affiliates

Watch out! Recent enforcement actions illustrate that the US export laws apply to foreign companies too (including your foreign subsidiary or parent). The US Bureau of Industry and Security (“BIS”) recently announced a...more

The New Patent Policy on Natural Products Is a Game Changer for Universities and Life Sciences Companies

Since the 19th Century, it has been considered a given that a person who identifies and purifies a useful natural substance is entitled to a patent, so long as the substance had never before existed in pure form. ...more

Why Are Companies Getting Sued Under the Video Privacy Protection Act? - Minimizing Your Company's Risk of a VPPA Lawsuit...

Plaintiffs' class action attorneys have filed a cascade of recent Video Privacy Protection Act (VPPA) suits against major brand names. These suits can present a significant exposure because the VPPA provides for statutory...more

Analytics and . . . Employment Law?

Moneyball (both book and movie versions) portrays a baseball team’s general manager, Billy Beane (Brad Pitt in the movie), who eschewed conventional wisdom and instead relied on data analytics to build a successful team on a...more

California’s Automatic Renewal Law: are you giving your customers an unintended gift? Action step

What if you had to return all the revenue you received from every customer in California for the last several years? The California Automatic Renewal Law, California Business and Professions Code §17600, et seq. (the...more

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement - In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

ERISA Fiduciary Obligations: More on Application to Life Insurance Coverage

This article examines the case of Biller v. Prudential Insurance, in which the U.S. District Court for the Northern District of Georgia denied a motion to dismiss a claim brought against an employer by the beneficiaries of a...more

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

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