News & Analysis as of


USPTO Pilots Program to Challenge Doctored Specimens

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) announced a new pilot program on March 6 to allow protests against specimens that have been digitally created, altered, or fabricated. ...more

Student activism after Parkland—Some First Amendment considerations for school district leaders

by Hogan Lovells on

After the tragic February 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, students across the country have taken to the streets. Students have met with lawmakers, engaged in protests, and staged...more

NSBA Releases Guidance on Student Walkouts and the First Amendment

by Franczek Radelet P.C. on

As we discussed in our previous alert, various actions and protests are being planned in the wake of the February 14 school shooting in Parkland Florida, including a National School Walkout planned for March 14. ...more

CAS Legal Mailbag Question of the Week – February, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal in my building, I try to give teachers some space, so I don’t often stop by the teachers’ lounge. But yesterday I did so, and now I have a question. Originally published in the CAS...more

Remaining Vigilant in Protecting Free Speech on College Campuses

by Jackson Walker on

Last summer, I wrote an article titled “The Crisis of Free Speech on Campus: Not Fake News,” which commented on the growing intolerance of free speech on college and university campuses that has resulted in incidents of...more

National School Walk-out: Points to Consider as You Prepare

by Harris Beach PLLC on

An open letter - In light of recent events, schools across New York and the country are preparing for a student demonstration that could have millions joining a walkout. There are many stakeholders- students, parents,...more

What School Districts Need to Know About Student Protests

by Barley Snyder on

We have received many questions over the past week in the wake of the horrific events at Marjory Stoneman Douglas High School in Parkland, Fla. As has been widely publicized, there are presently a number of protest events...more

National School Walkout Planned for March 14

by Franczek Radelet P.C. on

We join with the education community in feeling shocked and saddened over recent events involving gun violence, including the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. We have no doubt that you...more

Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts

by Perkins Coie on

A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San...more

Understanding And Surviving The Modern Campus Protest Movement

by Fisher Phillips on

Each day we witness various factions in our society establishing a stronger platform from which to launch their voices. It seems what used to be taboo or met with disapproval has now become acceptable speech deserving of a...more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

by FordHarrison on

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal...more

Free Speech at Work: It Is Not What You Think It Is

On Wednesday, Tampa Bay Buccaneers defensive lineman Gerald McCoy made a comment about the ongoing National Anthem issue. McCoy stated: “I think it’s gonna be an uproar if that is to happen because you’re basically taking...more

CAS Legal Mailbag Question of the Week - October, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I hope that you can help me out of a jam. Last week, during an otherwise uneventful day, a crowd gathered at the middle school where I am principal. Originally published in the CAS Weekly Newsletter...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

by Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Politics in the Workplace: Do NFL Players Have Freedom of Speech to Protest at Games?

by Payne & Fears on

It’s nearly impossible to turn on the TV and not hear something about the NFL player protests and whether such actions are protected speech under the First Amendment. While these protests started last season, they have grown...more

California Court of Appeal Rejects CEQA Challenge to Proposed Planned Parenthood Clinic

by Holland & Knight LLP on

• In Respect Life South San Francisco v. City of South San Francisco, California's First District Court of Appeal rejected petitioners' arguments that protests to a Planned Parenthood Clinic would cause significant...more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

by Jackson Lewis P.C. on

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has...more

How Loans Can Impact Size and Status

by PilieroMazza PLLC on

It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

Back to School: Preparing for Campus Unrest

by Womble Bond Dickinson on

In the wake of the deadly Charlottesville protests, institutions of higher education are under heightened pressure to prepare their campuses for disruption and unrest. Many colleges and universities have open campuses, enjoy...more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

Can You Fire an Employee Involved in Racist Protests? Should You?

by FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

The Crisis of Free Speech on Campus: Not Fake News

by Jackson Walker on

A recent column in the Detroit News, by John Patrick Leary, an assistant professor of English at Wayne State University, advanced the proposition that concern over the recent protests on campus over free speech is a...more

The Practical NLRB Advisor - Issue 5, Spring 2017

Mom’s Home Cookin’ prides itself on the strong relationship it has built with its employees over more than 25 years in business. The bustling restaurant has grown from a humble beginning, with just two employees, to a...more

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