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New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds
  • Jones Day
  • USA
  • August 14 2017

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General

The Past, Present, and Future of Government Regulation of Off-Label Communications - Part 4
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 14 2017

Picking up from my last installment of this series exploring the regulatory history of off-label communication, this post highlights some recent

Q and A on the recent controversy
  • Constangy Brooks Smith & Prophete LLP
  • USA
  • August 11 2017

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to

Jenner & Block Insights Video: 2016 Supreme Court Term in Review
  • Jenner & Block LLP
  • USA
  • August 10 2017

At Jenner & Block’s annual Supreme Court Term in Review program, the firm’s leading appellate attorneys discussed the US Supreme Court’s 2016 Term

Public Fora in for a Change? Social Media and Data Analytics Are Changing Constitutional Free Speech Law, and Businesses May Feel the Effects
  • Vinson & Elkins LLP
  • USA
  • August 10 2017

In June, the U.S. Supreme Court invalidated a North Carolina law barring registered sex offenders from accessing social media websites on the grounds

Bans on Credit Card Surcharges Face First Amendment Challenges
  • Bryan Cave LLP
  • USA
  • August 7 2017

State laws that prohibit retailers from charging customers a surcharge for using a credit card are being challenged on First Amendment grounds. For

Anonymous Online Business Reviews: Balancing Free Speech Rights Against Protections From Defamation
  • Arent Fox LLP
  • USA
  • August 3 2017

As nearly every company’s products and services can be critiqued on several online platforms, courts must balance a speaker’s First Amendment right to

Judge Oetken: Law Banning Robocalls to Cell Phones, Except Where Government is Collecting Debts, Does Not Violate First Amendment
  • Steptoe & Johnson LLP
  • USA
  • August 3 2017

In an opinion Wednesday in a case under the TCPA, a law that (among other things) bars calls without consent to cell phones via automatic dealings

District Court Decision Limits Glassdoor’s Ability to Protect Identities of Anonymous Users
  • Dinsmore & Shohl LLP
  • USA
  • August 1 2017

Most employers are familiar with Glassdoor, Inc.'s website, which allows current and former employees to post anonymous reviews of an employer. But

Political Correctness: A 21st Century Stronghold Now Under Siege by Trademarks
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • July 28 2017

The scene is set. Your mark is judged as disparaging. Can the Examining Attorney reject it? Fear not, because the Supreme Court in Tam cried: “Free