Legal Perspectives

Legal Perspectives is an editorial feature of JD Supra Law News where expert JD Supra contributors provide insight and analysis into timely legal topics. Legal Perspectives is designed to be a roundtable where... more +
Legal Perspectives is an editorial feature of JD Supra Law News where expert JD Supra contributors provide insight and analysis into timely legal topics. Legal Perspectives is designed to be a roundtable where readers are given the most accurate, interesting and diverse commentary from leading experts in the field.  less -
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The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post...more

Zelda Williams and Social Media Decency

Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and...more

The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

Both decisions addressed whether tax credits are available for residents in states that have federally-facilitated health exchanges. The District of Columbia Court of Appeals said “no”; the Fourth Circuit Court of Appeals...more

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more

The Supreme Court Decides Aereo, Finds That Transmitting Copyrighted Programs To Subscribers Is A Public Performance

While the decision is ostensibly limited to Aereo’s particular service, it offers some guidance on how broadcast networks, cable-alternative companies like Aereo, and other content providers can innovate within the bounds of...more

The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

The unconstitutionality of the appointments directly impacts all of the employees, employers, and unions that were involved in any of the now invalid decisions....more

What the Supreme Court's Aereo Ruling Might Mean for Cloud Storage Platforms

In the Supreme Court's Aereo ruling, at least one of the things not decided was whether a cloud storage platform, such as Dropbox or iCloud, would run afoul of the copyright laws’ protection of the “public performance” right...more

Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

Citing Aereo’s “overwhelming likeness to the cable companies targeted by the 1976 amendments”, the majority found that Aero is not just an equipment supplier and that it “performs” the broadcasted works....more

Not Everyone Can Run Elon Musk’s Playbook

If anything, Musk’s letter actually underscores the need for a cohesive patent strategy at the outset, when large competitors can easily copy your efforts....more

Hiring & Firing: What Does a Successful Separation Agreement Between Employer & Employee Look Like?

In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more

Who Is at Fault When a Driverless Car Is in an Accident?

One author's view on how to determine the answer that may surprise you....more

What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan? ...more

Underdog or Underhanded: The Real Issues Behind Aereo

How do you prove someone is breaking the law, if the technology they are using to do so didn’t even exist when the law was written?...more

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Weak Patent Case? Think Twice Before Filing, In Light of Two 'Exceptional' SCOTUS Decisions

In light of these decisions, patentees with weak cases may think twice about filing, now that they face a credible risk of having to pay defendants’ attorney fees. By the same token, accused infringers with questionable...more

Technology, Innovation, and the Law: The Wacky World of Bitcoin

The primary underlying goal of the Bitcoin system – to function as the world’s first completely decentralized, untaxed, and anonymous currency system – seems to have been compromised by its own popularity. Part of JD Supra's...more

When Tech Innovation Outpaces the Law, A Minefield Of Workplace Issues in Social Media

Part of JD Supra's series on innovation and the law. The NLRB has famously struck down employers’ social media policies based on a law that was adopted during the New Deal and has not been amended since....more

When Innovation Outpaces the Law: Public Officials’ Private Devices, Accounts & the California Public Records Act

Part of JD Supra's series on innovation and the law. If a public official sends a text about the agency’s business from his or her personal phone on an account for which he or she foots the bill, is the text a public record?...more

FDA Plays Catch Up in the Digital Age

Part of JD Supra's series on innovation and the law. A look at how, as pharmaceutical manufacturers increasingly turn to social media to exchange information, laws and regulations that are decades old struggle to keep pace...more

The FCC and Net Neutrality: Classic Washington 'Cut the Baby In Half' Approach

Everyone awaits a definite statement from the White House to see if the President will stand by his 2007 campaign position, which was in lockstep with liberal support for net neutrality, or if he will about-face on another...more

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

What Does the IRS Bitcoin Ruling Mean for Virtual Currency?

Because Bitcoin is fungible and greatly fluctuates in value on a daily basis, Bitcoin users will need to track their cost basis for each Bitcoin obtained and determine whether they have gain or loss on the subsequent exchange...more

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