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  2. The importance of a waiver of subrogation clause in a commercial lease *

    Husch Blackwell LLP
    A waiver of subrogation provision is one of the most misunderstood, yet critical provisions, in a commercial lease – and one that benefits both the landlord and the tenant.

  3. Oops! While you were in the hospital, we may have infringed on your rights: design firm faces lawsuit after using employee’s private Facebook and Twitter accounts *

    Ice Miller LLP
    The line between an employee’s personal social media account and an employer owned account is not always clear.

  4. Independent contractors *

    Baker & McKenzie
    Engaging workers as contractors, rather than employees has always raised issues as to correct classification.

  5. Legal issues abound with BYOD (bring your own device) *

    Gardere Wynne Sewell LLP
    BYOD has created new challenges for those employers who encourage their employees to buy their own cell phones, tablet devices, and/or computers.

  6. Facebook’s new “If I Die” app *

    Bryan Cave LLP
    “If I Die”, a new app for Facebook, has generated a great deal of media attention lately.

  7. NLRB report challenges validity of many commonly used social media policies *

    Littler Mendelson
    In its most recent effort to draw lines on the self-described “hot topic” of the “lawfulness of employers’ social media policies and rules,” the National Labor Relations Board’s (NLRB) Office of General Counsel has taken the position that many policy provisions commonly seen in employers’ social media policies violate the National Labor Relations Act (NLRA).

  8. How to protect your brand without being a trademark bully: lessons from the North Face and Coke *

    Foley Hoag LLP
    How can the owners of famous trademarks enforce their rights without being given the dreaded “trademark bully” label?

  9. Is it legal for an employer to secretly track an employee's personal vehicle 24/7 for one month? Perhaps! *

    Littler Mendelson
    A recent decision by a New York appellate court is one of the first cases to address the surreptitious use of location tracking for employment purposes.

  10. Arbitration law - developments in 2011 *

    Rajah & Tann LLP
    Through the years, arbitration as a mode of dispute resolution has gained prominence because it promotes party autonomy with minimal court intervention, amongst others.

  11. Allegation that a car in front prevented the car behind from overtaking leading to an accident *

    Eversheds
    Ms Clement was driving a car behind another driven by Mr Pykett.

  12. Single purpose entity provisions in CMBS loans in the wake of Wells Fargo Bank, NA v. Cherryland Mall Ltd. P'ship, et al. (Mich. App. Dec. 27, 2011) *

    Dykema Gossett PLLC
    This alert discusses possible "springing recourse" liability for borrowers and guarantors arising out of last month's decision in Wells Fargo Bank, NA v. Cherryland Mall Ltd. P'ship (Cherryland), decided last month by the Michigan Court of Appeals.

  13. The fight for Peter and the Wolf: U.S. Supreme Court upholds the removal of masterpieces from the public domain *

    Hogan Lovells
    In a 6-2 vote, the United States Supreme Court upheld a sweeping congressional amendment to the U.S. Copyright Act that "restored" copyright in works including some of the world’s most beloved masterpieces.

  14. Misunderstandings during negotiations *

    SNR Denton
    In Daventry District Council v. Daventry & District Housing Ltd [2011] EWCA Civ 1153, the Court of Appeal rectified an agreement for common mistake even though one party arguably did not intend to enter a contract on those rectified terms.

  15. Five 2011 FMLA cases that give guidance to employers in 2012 *

    Hunton & Williams LLP
    Despite its enactment nearly two decades ago, the Family and Medical Leave Act (FMLA) continues to evolve through judicial interpretation.

  16. NUCKIN FUTS accepted for registration as a trade mark *

    Minter Ellison
    The trade mark NUCKIN FUTS has been accepted for registration by an Australian trade marks examiner.

  17. DOJ’s apologia for Obama recess appointments *

    Ballard Spahr LLP
    Two days after President Obama’s January 4 recess appointments to the NLRB and the CFPB, DOJ’s Office of Legal Counsel (“OLC”) issued a 23-page opinion (not publicly released until January 12) on the legality of those appointments (the “Opinion”).

  18. Patent wars *

    Stephenson Harwood
    One of the many interesting nuggets to be found in Walter Isaacson's posthumous biography of Steve Jobs is that the Apple founder was so determined to "destroy" Google's Android mobile operating system that he was willing to spend US$40 billion to achieve it.

  19. How to avoid misclassification of employees as independent contractors and the IRS amnesty program *

    Fennemore Craig
    Recent surveys and studies suggest that an estimated 10% to 30% of employers misclassify their employees as independent contractors under the Internal Revenue Service (“IRS”) Code’s 20-factor test. 

  20. The use of side letters to limited partnership agreements *

    Gowling Lafleur Henderson LLP
    A number of private equity funds and hedge funds are structured as limited partnerships that are  governed by the terms of a limited partnership agreement (an “LPA”). 

  21. Copyright lessons from the campaign trail: Romney and fair use *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues. 

  22. Outsourcing lawyers: time to refocus *

    Pillsbury Winthrop Shaw Pittman LLP
    Outsourcing attorneys spend many hours negotiating complex terms and conditions governing the delivery of IT outsourcing (ITO) and business process outsourcing (BPO) services.

  23. Directors’ duties: where do we go now? *

    Gilbert + Tobin
    Expectations of directors and in particular non-executive directors are both demanding and inconsistent.

  24. Healthcare employer's button & off-duty access policies violated NLRA *

    Littler Mendelson
    Most hospital visitors have seen them – from nursing school pins to pictures of children, from advanced designations to "special messages" – and most healthcare providers allow them in some form.

  25. Big news for Internet Service Providers *

    DMH Stallard LLP
    On 28 July 2011 in the case of Twentieth Century Fox Film Corporation and Anor v British Telecom [2011] EWHC 1981 (CH), and for the first time in UK history, the High Court granted an injunction against an Internet Service Provider (ISP).

  1. Court expands FMLA coverage beyond the definition of "eligible employee" *

    Hunton & Williams LLP
    Many large employers no doubt thought they could ignore the Family and Medical Leave Act (FMLA) for any employee who had yet to reach his anniversary date. 

  2. Drafting contracts: guidance on managing ambiguity *

    DLA Piper
    In an ideal world, the wording of contracts would be clear, easy to read and unambiguous.

  3. Boilerplate matters: giving notice *

    Chadbourne & Parke LLP
    By the time most people get to the last article in a contract the inclination is often to think that it is just the “boilerplate” and therefore there is no reason to read it closely, if it gets read at all.

  4. Company directors' general duties under the English Companies Act 2006 *

    Pillsbury Winthrop Shaw Pittman LLP
    The recent decision of the Court of Appeal for England and Wales in Towers v. Premier Waste Management Limited [2011] EWCA Civ 923, discussed in our recent article, serves as a timely reminder to directors of English companies of the importance of understanding and observing the duties owed to a company of which they are a director.

  5. Delaware court asked to resolve dispute over standard M&A contract terms *

    Milbank Tweed Hadley & McCloy LLP
    It is interesting to note just how often courts are required to resolve disputes over the meaning of contract terms that lawyers and dealmakers take for granted.

  6. Is it discrimination to require a high school diploma? *

    Weintraub Genshlea Chediak Law Corporation
    The Equal Employment Opportunity Commission (“EEOC”) thinks so. 

  7. Do you really own the copyright in that advertisement or marketing material? *

    Borden Ladner Gervais LLP
    In the September 2011 decision of Century 21 Canada Limited Partnership v. Rogers Communications Inc., the British Columbia Supreme Court held that copyright in a work can only be assigned by an agreement that is signed after the work is created.

  8. Who owns a company’s twitter account (and musings on social media and trademarks)? *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    As alleged in the complaint in PhoneDog LLC v. Kravitz, PhoneDog operates a website that offers cellphone news and reviews and Kravitz was hired as a product reviewer and video blogger.

  9. Wash his mouth out with soap! *

    Fisher & Phillips LLP
    The National Labor Relations Board under the Obama Administration has been in the news quite a bit lately.

  10. Reggae Reggae Sauce breach of confidence – it’s not grandma’s but it is Levi Roots’ *

    RPC
    “Levi Roots” (otherwise known as Keith Graham) has won his High Court battle against claims of breach of contract and breach of confidence in relation to his Reggae Reggae Sauce, but at the cost of revealing that the sauce is not based on a secret family recipe.

  11. CAFC considers stay pending patent reexamination *

    Oblon Spivak McClelland Maier & Neustadt PC
    When faced with the assertion of a patent of dubious validity, prospective defendants increasingly resort to patent patent reexamination.

  12. Employers beware: the NLRB's Acting General Counsel offers additional guidance on social media issues *

    Faegre Baker Daniels
    As we have discussed in previous legal updates—see the list of related legal updates on the left—the National Labor Relations Board (NLRB or the "Board") has been very active in prosecuting employers, union and non-union alike, who violate employees' Section 7 rights under the National Labor Relations Act ("Act") based upon those employees' postings on social media sites.

  13. Efficiency in commercial leasing *

    LeClairRyan
    According to the 2011 Hildebrandt Law Department Survey by Hildebrandt Baker Robbins, companies are increasing their reliance on the in-house legal function to handle continuing growth in legal demands.

  14. Disclosure obligations: whether documents are in a litigant’s “control” *

    Kingsley Napley
    Disclosure, as every solicitor knows, is a vitally important stage in proceedings, and we have our own duties to ensure that clients are aware of and comply with their obligations. 

  15. How to avoid misclassification of employees as independent contractors and the IRS amnesty program *

    Fennemore Craig
    Recent surveys and studies suggest that an estimated 10% to 30% of employers misclassify their employees as independent contractors under the Internal Revenue Service (“IRS”) Code’s 20-factor test. 

  16. Bill 168 changes the assessment of workplace violence *

    Miller Thomson LLP
    In a recent arbitration decision upholding a termination, an arbitrator held that Bill 168, which amended the Occupational Health and Safety Act, revises the assessment of workplace violence.

  17. Merchants beware: federal law prohibits printing any portion of expiration date on credit, debit card receipt *

    Patton Boggs LLP
    On January 24, 2012, the U.S. Court of Appeals for the Third Circuit held that it is a violation of the Fair and Accurate Credit Transactions Act (FACTA) to include any portion of a credit or debit card’s expiration date on an electronically printed customer receipt.

  18. Allegation that a car in front prevented the car behind from overtaking leading to an accident *

    Eversheds
    Ms Clement was driving a car behind another driven by Mr Pykett.

  19. Details of the ASCAP settlement with the radio industry - what will your station pay? *

    Davis Wright Tremaine LLP
    ASCAP and the Radio Music Licensing Committee have reached a settlement on the amount that radio stations will pay to ASCAP for the use of music for the period through the end of 2016.

  20. Transfer of ownership requires a written assignment *

    McDermott Will & Emery
    Addressing the issue of patent ownership based on contractual assignments, the United States Court of Appeals for the Federal Circuit affirmed the district court’s decision dismissing patent ownership claims where a consulting agreement contained no express assignment language requiring defendant to assign the patents-in-suit to plaintiffs. 

  21. English Court of Appeal orders rectification of contract for common mistake *

    Allen & Gledhill LLP
    In Daventry District Council v Daventry & District Housing Limited, the English Court of Appeal, by a majority of two (Toulson LJ and Neuberger MR) to one (Etherton LJ), allowed a contract to be rectified on the basis of common mistake.

  22. Are you paying too much? How smart companies use FCPA and UK Bribery Act due diligence to ensure their deals are valued correctly *

    Chadbourne & Parke LLP
    There is a global focus on corruption that shows no signs of abating and in fact, is intensifying.

  23. Time waits for no claimant: contractual time bars and notice provisions *

    RPC
    A recent case highlights the potentially perilous interaction between contractually agreed limitation periods and provisions governing the service of notices and claims.

  24. Your kids are for life, not just for Christmas *

    Morton Fraser
    These are really difficult times for first-time buyers trying to get onto the property ladder.

  25. Allocation questionnaires *

    Mills & Reeve LLP
    From 19 March 2012, the court will serve allocation questionnaires on unrepresented parties only.

  1. Copyright lessons from the campaign trail: Romney and fair use *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues. 

  2. Band sues Andy Warhol Foundation over use of banana design *

    Winston & Strawn LLP
    The Velvet Underground (“VU”), a 60s rock group, recently sued The Andy Warhol Foundation for trademark infringement.

  3. Steve Jobs action figure will not come to market *

    Duane Morris LLP
    There is little doubt that Steve Jobs was at the forefront of the tech revolution.

  4. Facebook’s new “If I Die” app *

    Bryan Cave LLP
    “If I Die”, a new app for Facebook, has generated a great deal of media attention lately.

  5. NLRB report: employers' social media policies must be narrow, must not restrict right to engage in protected activities *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    The National Labor Relations Board released a report providing important guidance to employers on drafting social media policies that comply with its interpretation of labor laws.

  6. DMCA safe harbor held to protect content-sharing website *

    McDermott Will & Emery
    The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).

  7. Use caution when mixing traditional and online contracts: Fadal Machining v. Compumachine *

    Holland & Knight LLP
    Many companies have established contracting structures that rely on both online and traditional, paper-based contracts.

  8. Significant developments in the Russian court system - creation of the intellectual property court *

    Baker Botts LLP
    As of December 2011, two federal constitutional laws were enacted in Russia, whereby a new specialised intellectual property court that is intended to deal with cases concerning protection of IP rights will be set up for the first time in Russia.

  9. Copyright Office requests public comment on DMCAexemptions *

    Steptoe & Johnson LLP
    The U.S. Copyright Office is seeking comment on the latest set of proposed exemptions from the “anticircumvention provision” of the Digital Millennium Copyright Act.

  10. Court rules website operator not liable without specific knowledge of copyright infringement *

    Locke Lord LLP
    In a case of first impression, UMG Recordings v. Shelter Capital Partners, et al., the Ninth Circuit refused to hold a website operator liable for copyright infringement based solely on the operator’s general knowledge that some of the third party content on its site may be infringing copyright owners’ rights.

  11. Advance to state court: class action lawsuit filed over McDonald’s Monopoly sweepstakes promotion for failure to include abbreviated rules *

    Edwards Wildman Palmer LLP
    An Illinois resident who believed he won a Nissan Leaf as part of McDonald’s Monopoly game promotion this past fall has filed a class action lawsuit against the fast-food chain in Illinois state court, claiming McDonald’s game materials were deceptive and violated state law.

  12. Court puts New Jersey’s gift card law partially on hold *

    Manatt Phelps & Phillips LLP
    Provisions of New Jersey’s gift card law may be unconstitutional, the Third Circuit recently ruled, affirming a temporary injunction against the retroactive application of certain parts of the law.

  13. Court expands FMLA coverage beyond the definition of "eligible employee" *

    Hunton & Williams LLP
    Many large employers no doubt thought they could ignore the Family and Medical Leave Act (FMLA) for any employee who had yet to reach his anniversary date. 

  14. Ontario court of appeal confirms common law tort of invasion of privacy *

    Alexander Holburn Beaudin & Lang
    The Ontario Court of Appeal’s recent decision in Jones v Tsige confirms that, in Ontario, individuals have a common law right of action for damages for invasion of personal privacy, including breach of informational privacy.

  15. The conversion of par value shares into no par value shares for company law purposes *

    DLA Cliffe Dekker Hofmeyr
    Since the introduction of the new Companies Act on 1 May 2011, consultants have battled with the problem as to whether the conversion of par value shares by a company into no par value shares will result in a tax liability for purposes of the Eighth Schedule to the Income Tax Act, No 58 of 1962 (the Act).

  16. NUCKIN FUTS accepted for registration as a trade mark *

    Minter Ellison
    The trade mark NUCKIN FUTS has been accepted for registration by an Australian trade marks examiner.

  17. NLRB report challenges validity of many commonly used social media policies *

    Littler Mendelson
    In its most recent effort to draw lines on the self-described “hot topic” of the “lawfulness of employers’ social media policies and rules,” the National Labor Relations Board’s (NLRB) Office of General Counsel has taken the position that many policy provisions commonly seen in employers’ social media policies violate the National Labor Relations Act (NLRA).

  18. European data protection reform: summary of the 25 January 2012 announcement *

    Edwards Wildman Palmer LLP
    The European Commission has just released a new and comprehensive rewrite of European Union data protection law which, if adopted by the European Parliament, promises to have a major impact on companies doing business in the European Union.

  19. Five 2011 FMLA cases that give guidance to employers in 2012 *

    Hunton & Williams LLP
    Despite its enactment nearly two decades ago, the Family and Medical Leave Act (FMLA) continues to evolve through judicial interpretation.

  20. Disability-management specialist facing human rights complaint; Tribunal grants access to health files *

    Fraser Milner Casgrain LLP
    A disability-management specialist working for the Toronto Transit Commission is facing a human rights complaint.

  21. Courage or folly? Superior Court awards significant attorney’s fees against a defeated trade secret plaintiff *

    Weintraub Genshlea Chediak Law Corporation
    It is sometimes difficult to distinguish arrogance or hubris from their close cousin, courage and perseverance.

  22. NIST issues privacy and security guidelines for cloud computing *

    Foley & Lardner LLP
    The National Institute of Standards and Technology recently issued its Guidelines on Security in Privacy in Public Cloud (SP 800-144).

  23. Outsourcing lawyers: time to refocus *

    Pillsbury Winthrop Shaw Pittman LLP
    Outsourcing attorneys spend many hours negotiating complex terms and conditions governing the delivery of IT outsourcing (ITO) and business process outsourcing (BPO) services.

  24. Weight Watchers leaders are employees for tax purposes *

    Bircham Dyson Bell
    The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968.

  25. NLRB holds that NLRA prohibits class action waivers in mandatory arbitration agreements *

    Bond Schoeneck & King
    Arbitration agreements are a common tool that employers use to manage EEO and wage/hour litigation risk.

Last updated Sat, 04 Feb 2012 03:30:01 GMT

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