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Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

SCOTUS Will Not Review CFAA Password Sharing Case

by Jackson Lewis P.C. on

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Employment Law - October 2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Uber Driver Compensation Claims Survive Summary Judgment in EDPA

On September 13, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies. It is the first time a district court in the Third...more

Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains

by Franczek Radelet P.C. on

Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges...more

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

California Employers May Sue For Online Defamation

by Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

by Bryan Cave on

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

To Connect Or Not To Connect, That Is The Non-Solicitation Agreement Question

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A former employee’s social media activities were not “solicitations” that breached his employment non-solicitation agreement where no suggestion to join the former employee was apparent from the activity....more

Recent Eighth Circuit Case Illustrates the Need for Newest Members of the NLRB to Be Confirmed Sooner Rather Than Later

In another example of a federal circuit court taking the National Labor Relations Board (NLRB) to task for stretching federal labor law past the point of recognition, the Eight Circuit Court of Appeals recently refused to...more

Superior Court Suit Alleges Arbitration Claim Is a SLAPP

by LeClairRyan on

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new...more

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

by Dentons on

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

Are Your Employees Texting? The Risks To Employers In Taking Workplace Communications Offline

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Given the issues workplace texting presents for employers, employers would be wise to make clear in their policies what method of communication employees may use in the workplace for business purposes. If...more

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