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Business & Employment Law

Risk of Identity Theft from Cyberattack Constitutes Sufficient Injury to Sustain Lawsuit

With cyberattacks seemingly happening with greater frequency, the risk of identity theft for many individuals has grown significantly. However, is the risk of identity theft (as opposed to actually ...
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Two Courts Recognize Causes of Action under State Law When an Employee is Terminated from Employment for Medicinal Use of Marijuana

With many states now authorizing individuals to use marijuana for medicinal purposes, companies are confronting situations where they must decide whether to continue employing individuals who have ...
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Fourth Circuit Analyzes What Constitutes an Equivalent Position for FMLA Purposes

In Waag v. Sotera Def. Sols., Inc. , 857 F.3d 179 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit ruled an employee who takes leave under the Family Medical Leave Act ...
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Court Finds LinkedIn Posts Likely Violated Non-Solicitation Provisions of Employment Agreement

Many court decisions have found that communications on social media did not constitute improper solicitations, but the United States District Court for the District of Minnesota recently found in ...
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Court Invalidates Proposed Rule Raising Salary Level of Exempt Employees under FLSA

In Nevada v. United States Department of Labor, 227 F. Supp. 3d 696 (E.D. Tex. 2017), the United States District Court for the Eastern District of Texas ruled the final rule issued by the United ...
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Court Finds Invitation to Connect on LinkedIn Did Not Violate Non-Solicitation Agreement

The use of social media as a networking platform continues to be an evolving area of law as it relates to compliance with non-compete and non-solicitation agreements. In Bankers Life and Casualty ...
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When is a Facebook Friend a "Friend" Versus an "Acquaintance"?

In Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, No. 3D17-1421, 2017 WL 3611661 (Fla, Dist. Ct. App. Aug. 23, 2017), the Third District Court of Appeal for the ...
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There is No Standing to Sue for Technical Violations of the Fair Credit Reporting Act

In Dreher v. Experian Information Solutions, Inc. , 856 F.3d 337 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit was asked to decide whether the decision of Experian ...
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Can Rescinded Notice of Termination Constitute Adverse Employment Action Giving Rise to an Employment Discrimination Claim?

In Shultz v. Congregation Shearith Israel of the City of New York, -- F.3d --, No. 16-3140-cv, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the United States Court of Appeals for the Second Circuit held ...
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Website Inaccessible to Visually Impaired Violated the Americans with Disabilities Act

In Gil v. Winn-Dixie Stores, Inc. , Civil Action No. 16-23030-Civ-Scola, (S.D. Fla. June 13, 2017), the United States District Court for the Southern District of Florida ruled after a bench trial that ...
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Appellate Court Upholds Vulgar Facebook Post as Protected Concerted Activity

In National Labor Relations Board v. Pier Sixty, LLC, 855 F.3d 115 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit upheld a decision by the National Labor Relations Board ...
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When is a Settlement Agreement Enforceable?

When parties negotiate terms of an agreement, particularly a settlement agreement, they often confirm certain terms in writing with the understanding that “standard” terms, such as ...
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Supreme Court Rules on Definition of Debt Collector

In Henson v. Santander Consumer USA, Inc. , 137 S. Ct. 1718 (2017), the United States Supreme Court gave some clarity as to who is a “debt collector” under the Fair Debt Collection ...
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Court Applies Inevitable Disclosure Doctrine to Defend Trade Secrets Act Case

In Molon Motor & Coil Corp. v. Nidec Motor Corp. , No. 16 C 03545, 2017 WL 1954531 (N.D. Ill. May 11, 2017), a federal court in Illinois was asked to decide whether the complaint before it alleged ...
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Dot Your I's, Cross Your T's, and Place Your Commas

When drafting contracts, briefs, and other documents, the significance of placing a comma is often overlooked. The decision to include or omit a comma, however, could be dispositive in a dispute over ...
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Federal Appellate Courts Reach Different Conclusions As To Whether Sexual Orientation Discrimination Is Prohibited By Title VII

Two federal appellate courts recently revisited the issue as to whether discrimination on the basis of sexual orientation constitutes sex discrimination in violation of Title VII of the Civil Rights ...
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Supreme Court Rules Abuse of Discretion Standard Applies to District Court's Enforcement of EEOC Subpoenas and EEOC Has Broad Subpoena Power

In McLane Co., Inc. v. Equal Employment Opportunity Commission, 581 U.S. --, -- S. Ct. --, 2017 WL 1199454 (2017), the United States Supreme Court was asked to decide whether a federal appellate court ...
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Fourth Circuit Establishes New Test for Joint Employer Liability Under the FLSA

In Salinas v. Commercial Interiors, Inc. , 848 F.3d 125 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit established a new test for determining whether two or more persons or ...
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Does a Company Waive the Attorney-Client Privilege When it Forwards Emails to Other Company Employees, Employees of a Subsidiary, or Former Employees?

When dealing with communications protected by the attorney-client privilege, companies face an added challenge that does not apply to most individuals. As we all know, emails can and are forwarded ...
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Employee's Failure to Mention Nature of Grandfather's Relationship Was Not Sufficient to Deny Employee's Request for FMLA Leave

In Coutard v. Municipal Credit Union, 848 F.3d 102 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit held (1) that an employee met the eligibility requirements for leave under ...
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When is a Staffing Agency Employee an Employee of the Company to Which He/She is Assigned to Work?

In Interstate Fire & Casualty Company v. Dimensions Assurance Ltd. , 843 F.3d 133 (4th Cir. 2016), the United States Court of Appeals for the Fourth Circuit was asked to determine whether a nurse ...
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Appellate Court Answers Whether Reassignment to a Vacant Position Without Competition Constitutes a Reasonable Accommodation Under the ADA

In E.E.O.C. v. St. Joseph’s Hospital, Inc. , 842 F.3d 1333 (11th Cir. 2016), the United States Court of Appeals for the Eleventh Circuit addressed several issues concerning a former ...
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Evidence Posted on Facebook Led to Dismissal of Claim

As we all know, social media can be utilized in a variety of ways, many of which are productive and useful tools. It even can serve as a resource for evidence in litigation – in all types of ...
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Is Sexual Orientation Protected by Title VII?

Courts continue to disagree as to whether discrimination based on sexual orientation constitutes sex discrimination in violation of Title VII of the Civil Rights of 1964, as amended (“Title ...
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California Federal Court Addresses When a Web Page Consists of a Single Document

As companies rely more on the Internet to make disclosures to consumers, employees, applicants, businesses, and other parties, more questions are bound to be raised as to whether the disclosures are ...
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