News & Analysis as of

Chilling Effect

One Potential Remedy for FCA Overreach?

Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more

Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

by Ruder Ware on

The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal...more

Are Anti-SLAPP Statutes The Elephant In the Room?

by LeClairRyan on

Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to “chill” legitimate speech. For example, a Texas...more

Of Free Speech and Thick Skin

by Jackson Walker on

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

by Fisher Phillips on

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

Lawsuit Abuse Reduction Act Would Mandate Sanctions for Frivolous Claims

by Jones Day on

On March 10, 2017, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act of 2017 ("LARA") by a vote of 230–180. 163 Cong. Rec. H2025-03, H2025. The bill seeks to undo the 1993 amendments to Rule 11 of the...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

by Reed Smith on

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Sex and the Stock Photo*

by Jackson Walker on

Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

Warning Labels Suit Not Suitable for Preliminary Injunction

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

by King & Spalding on

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

NLRB Strikes Healthcare Facility Conduct Rules

The National Labor Relations Board (NLRB) has provided clear signals that the unique, patient-centric environments of general hospital and medical centers—and even surgical services and perianesthesia departments—will not...more

An Unfair Employer Policy Roundup to Help Avoid Unfair Labor Practices

by Foley & Lardner LLP on

For the past few years, the National Labor Relations Board (NLRB) has been on the warpath over employer personnel policies (and in turn, we at Labor & Employment Law Perspectives have missed few opportunities to point out the...more

Open Discussion of Pending Grievances Permitted At School Board Meetings

by Tucker Arensberg, P.C. on

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss...more

U.S. Supreme Court Punts on Dispute Involving NFL Players’ Publicity Rights

by Dorsey & Whitney LLP on

The Supreme Court passed on an opportunity to review a recent appellate court decision holding that a video game publisher is not protected by the First Amendment for using the likenesses of former NFL football stars in the...more

Recent NLRB Work Rule Decision Strikes Down Another Commonly Promulgated Policy

by Reed Smith on

Issuing yet another blow to commonly promulgated workplace rules, the National Labor Relations Board (“NLRB”) struck down a Whole Foods Market policy prohibiting employees from recording conversations, meetings, phone calls...more

Of Slants, Skins and Signs: Another Step Closer to the Showdown

In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to...more

Washington Redskins Haven’t Won Yet: Why the Constitutionality of Section 2(a) is Not Yet Final

What do Washington D.C.’s NFL team, the Redskins, and Mr. Tam’s rock band, The Slants, have in common? Both have enjoyed unexpected victories recently and both have been called “disparaging” by the Patent and Trademark Office...more

NLRB Nixes “No Recording” Rule

by Sherman & Howard L.L.C. on

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more

Employers’ Thanksgiving Plans Should Include Cyber Monday Prep: Are Your Computer Policies Up to Date?

by Reed Smith on

No online shopping day is bigger than Cyber Monday. According to the National Retail Federation, an estimated 127 million people shopped on Cyber Monday last year—significantly more than the estimated 87 million in-store,...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Sixth Circuit Files Win for Bankruptcy Debtors Harassed During Automatic Stay

by Butler Snow LLP on

Creditors of bankruptcy debtors beware: a recent opinion from the Sixth Circuit Court of Appeals makes clear that creditors cannot circumvent the ban on collection efforts following the petition for bankruptcy by trying to...more

First Amendment Notes: Amicus Briefs In Pacira & Application of IMS v. Sorrell

by Reed Smith on

Here we discuss a couple of developments involving (actually or potentially) the application of the First Amendment to the FDA’s increasingly battered prohibition against truthful promotion of off-label use....more

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