News & Analysis as of

Using Consumer Reports for Hiring Decisions Creates Unanticipated Litigation Risk for Employers

When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more

Georgia Becomes the First State to Mount a Direct Challenge Against Unauthorized Publishing of Annotated Code

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc., a California non-profit corporation that dedicates itself to...more

Red Does Not Mean Stop: Practical Tips for Improving the Accuracy of Your Legal Research

If you use Westlaw or LexisNexis for legal research, you are familiar with the red flag or the stop sign—frequently your first hint that a case has been overruled, reversed, or superseded. If you run a search that brings up a...more

Westlaw and Lexis Finally Agree: Providing Copyrighted Legal Briefs To Customers Is Fair Use

Every attorney in the United States understands that West Publishing Corp. (“Westlaw”) and the LexisNexis Group (“Lexis”) are perennial rivals in the electronic legal research field. As such, they don’t agree on much, but...more

Supreme Court Will Not Review Sixth Circuit Ruling That Courts Decide the Availability of Classwide Arbitration

Recent Supreme Court decisions have favored the enforcement of consumer arbitration agreements requiring individual, rather than classwide, dispute resolution. A number of courts, however, have found that arbitrators, whose...more

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