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 Basics of Net Neutrality – What 'You Oughta Know'

A brief background of Net Neutrality and, in the words of Alanis Morisette, what “You Oughta Know.” ...more

Sound Off: How SCOTUS Will Decide King v. Burwell - What Say You?

"What if you had a ticket to the apocalypse and a legal argument broke out instead?"And what if you had a chance to speak your mind? Go!...more

Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project

In-depth Q&A with attorney David A. Bateman about the Cyber Civil Rights Legal Project, which Bateman co-founded last year with K&L Gates colleague Elisa J. D'Amico to help victims of revenge porn. We wanted to learn...more

Coverage for Protests or Civil Unrest: Are These Losses Insurable?

The recent episodes of protest and civil unrest following polarizing decisions in areas like Ferguson, Missouri and New York City have raised concern over the potential to insure against the losses that may be associated with...more

The Supreme Court’s 'Non-Decision' On Same-Sex Marriage: The Impact On Employee Benefits After 'Windsor'

This is a rally call for employers to evaluate employee benefit plan documents for compliance....more

It’s All Over But the Shouting! What Do Employers Do Now That Gay Marriage Is Effectively Legal Everywhere?

By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States....more

SiriusXM and Pre-1972 Recordings Not So Happy Together

The two founding members of the Turtles just prevailed in a lawsuit against SiriusXM sure to rock the music industry and, perhaps, take a lot of music out of circulation....more

The Celebrity Hacking Scandal and You: 3 Takeaways for Everyone

With little ability to undo the damage caused by an embarrassing data breach, nearly insurmountable obstacles preclude a civil/criminal prosecution, and a cloud service agreement rendering a contract action against the...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Protecting Your Employees (And Your Company's Image) Online

The best and most effective way an employer can combat social media-focused harassment is through education and training on what behavior the company will and will not find acceptable....more

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

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