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JD Supra Perspectives

First Glance: Same-Sex Marriage Equality Decision Raises Myriad Legal Questions

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First glance perspective of the historic same-sex marriage equality decision by the U.S. Supreme Court, by Brian Paul, business litigation partner in law firm FaegreBD’s Indianapolis office....more

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A First Look at the Workplace Implications of Same-Sex Marriage Equality

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We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more

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SCOTUS Upholds Obamacare Federal Subsidies: A First Glance Analysis

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A First Glance analysis of the United States Supreme Court's decision upholding Obamacare subsidies by Robert Projansky, partner at law firm Proskauer in New York, and head of the firm’s Health Care Reform Task Force....more

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Dress Codes, Religion and the Workplace – More Than Meets the Eye

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What makes 'Abercrombie' difficult for employers is that the employee does not necessarily need to request an accommodation first. First Glance analysis of a recent SCOTUS decision on religious accommodation with broad...more

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Less Alarming Than It Sounds: Implications of the Religious Accommodation Decision in 'EEOC v. Abercrombie'

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First Glance perspective by attorney Robin Shea of the Supreme Court's recent Religious Accommodation decision in EEOC v. Abercrombie. Spoiler alert: more alarming than it sounds....more

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Impact of EEOC v. Abercrombie, and Employment Practices Going Forward

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A first glance at the U.S. Supreme Court's recent EEOC v Abercrombie decision by Fisher & Phillips attorney, Andrew Hoag....more

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From Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities & the Lessons of Bitcoin

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A first look at Overstock.com's proposal to use a Bitcoin-like technology to distribute and trade in digital securities....more

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Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

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In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

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

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

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

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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

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5 Next Steps For Companies After News of Massive Russian Data Breach

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Before taking any action on this latest data breach news out of Russia, there are a number of things to understand....more

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The Great Russian Internet Heist – What Now?

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A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

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The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

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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

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How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

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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

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The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

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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

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Not Everyone Can Run Elon Musk’s Playbook

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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

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Why Tesla’s Patent Move May Standardize Electric Cars, Not Patent Strategies

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This is a once in a century technological leap, and I think Tesla needs to force itself to be the standard (by making this free licensing move) if the company is going to have longevity....more

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Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

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The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

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Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

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A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

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Weak Patent Case? Think Twice Before Filing, In Light of Two 'Exceptional' SCOTUS Decisions

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In light of these decisions, patentees with weak cases may think twice about filing, now that they face a credible risk of having to pay defendants’ attorney fees. By the same token, accused infringers with questionable...more

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The FCC and Net Neutrality: Classic Washington 'Cut the Baby In Half' Approach

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Everyone awaits a definite statement from the White House to see if the President will stand by his 2007 campaign position, which was in lockstep with liberal support for net neutrality, or if he will about-face on another...more

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Will Heartbleed Affect Data Breach Insurance Coverage?

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Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more

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The Heartbleed Lesson for All Companies? Manage the Risk...

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Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data breach and implementing...more

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First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

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The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

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First Glance: Obama Administration's Marijuana Guidelines 'Cold Comfort' For Banks

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As long as possession of marihuana remains a federal crime, banks won't touch those businesses with a ten foot pole....more

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