News & Analysis as of

Solicitation

Who Poked Whom First: Does a Friend Request or Social Media Invite Count as Solicitation?

by Fisher Phillips on

When Gregory Gelineau quit his job at an Illinois-based insurance company to work for a competitor, he sent LinkedIn invitations to a group of his former co-workers. In response, Gelineau’s former company sued him. The...more

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

by Foley & Lardner LLP on

Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting...more

Illinois Court Holds that LinkedIn Invitations do not Constitute Solicitations

by Clark Hill PLC on

In Bankers Life & Cas. Co. v. Am. Senior Benefits LLC, 2017 IL App (1st) 160687-U, the Illinois Appellate Court recently held that a former employee’s actions in sending LinkedIn invitations to employees at his prior firm did...more

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more

Bid Protest Remedies (Post-Award Protest Primer #4)

Part 4: Bid Protest Remedies - We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and...more

How Key is the Employee? Identifying When an Employee is a Fiduciary

by Field Law on

A fiduciary employee is an employee trusted with a measure of responsibility by their employer. This in turn creates corresponding duties owed by the fiduciary that go over and above those normally owed by an employee to an...more

Employment Law This Week®: Social Media and Solicitation, Washington State’s New Leave Law, Joint-Employer Legislation,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Posting Job Opportunity On LinkedIn Profile For New Employer Did Not Violate Non-Compete

by DeWitt Law, LLC on

A fact of life in modern business is an employee’s use of social media, or, in some cases, a former employee’s use of social media, and how it fits in with any post-employment restrictions to which they may be subject. In...more

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

USPTO To Hold Roundtable on Fraudulent Trademark Solicitations

The USPTO has announced that on July 26, 2017, the Trademark Organization and the Trademark Public Advisory Committee plan to hold a roundtable discussion on fraudulent trademark solicitations. Fraudulent trademark...more

CMS Announces Solicitation for the Rural Community Hospital Demonstration Program

by King & Spalding on

CMS announced solicitation for applications for participation in the Rural Community Hospital Demonstration Program (Demonstration). In this request for applications, CMS is seeking information from interested hospitals...more

Financial Services Weekly News - April 2017 #3

by Goodwin on

Editor's Note - Cross River Bank Takes on Colorado in True Lender Action. This past January, the Administrator of Colorado’s Uniform Consumer Credit Code filed a court action against Marlette Funding LLC (Marlette),...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

Alabama Ethics Commission Update

Last week, the Alabama Ethics Commission (the “Commission”) held its first of six scheduled meetings for the year. At the meeting, the Commission issued a new opinion addressing charitable solicitations and amended a...more

Trademark Red Tape: Comeuppance For Trademark Con-Artists

January 2017 - Happy holidays and welcome to the 2017 New Year edition of Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the...more

Scams, The Biggest Threat to Patent and Trademark Owners

After threading the tortuous path through the U.S. Patent and Trademark Office, and withstanding assaults of infringers, who would have thought that one of the biggest problems for patent and trademark owners is scammers? ...more

NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites

by Farrell Fritz, P.C. on

Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before purchasing products or services. This includes patients seeking online reviews of a physician or...more

Alabama Ethics Commission Update

The Alabama Ethics Commission (the “Commission”) held a regularly scheduled meeting on October 5, 2016. At the meeting, the Commission formally extended the comment period for two significant advisory opinions affecting...more

ACA Reporting on Forms 1094-C and 1095-C, AIRTN500 Error Messages, and Incorrect and Missing Taxpayer Identification Numbers...

Employer-sponsored group health plans and health insurance issuers (or carriers) are subject to information reporting requirements under the Affordable Care Act (ACA), including the obligation to report taxpayer...more

ESMA issues advice on extension of the AIFMD Third Country Passport to 12 non-EU countries, including the United States

by Proskauer Rose LLP on

On July 19, 2016, the European Securities and Markets Authority (ESMA) published its final advice (Advice) on extending the application of the marketing passport under the Alternative Investment Fund Managers Directive...more

In Cambridge May Be Found One Reticent Pol/GoodSon/Serious Legislator

by PretiFlaherty on

I’m trying to decide what I like most about Cambridge rep David Rogers’s maiden speech. It’s a toss-up among three things: One, Rogers waited three-and-a-half years to give his maiden speech; two, Rogers spoke lovingly...more

SEC Brings First Action under Dodd-Frank Municipal Advisor Antifraud Rules

Two California-based municipal advisory firms and their executives have agreed to settle SEC charges that they used deceptive practices when soliciting the business of five California school districts....more

Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

by PilieroMazza PLLC on

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of...more

Valuable Information Security Lessons from the Olympus Mortgage vs. Guaranteed Rate Case

by Baker Donelson on

Late last month a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for their claims against Guaranteed Rate (Guaranteed), which alleged Guaranteed along with other former employees of MOMC illegally...more

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