In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of collecting and storing face...
The last time the U.S. Supreme Court tackled the issue of attorneys’ fees under the Copyright Act was in Fogerty v. Fantasy. In that case, John Fogerty was sued for alleged copyright infringement over his song “The Old Man Down the Road.” The jury...
In Barbulescu v Romania, the European Court of Human Rights (the "ECHR") ruled that an employer may access employees’ private messages sent using the employer’s resources during working hours. Mr Barbulescu’s employer had a policy that its staff were...
On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its regulations relating to the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant...
2016 is expected to be another active year of regulatory change at the U.S. Office of Federal Contract Compliance Programs (OFCCP), including the anticipated implementation of the “Fair Play and Safe Workplaces” executive order requiring government...
Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how...
The New York Supreme Court vacated the award entered in an arbitration of television rights between Mid-Atlantic Sports Network (“MASN”), the Baltimore Orioles, the Commissioner of Baseball (“MLB”) and the Washington Nationals. The arbitration was...
On January 13, 2016, Tensar Corporation (Tensar) filed antidumping (AD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) regarding certain biaxial integral geogrid products from the People’s Republic...
Michael’s Stores, Inc. was dismissed from a putative data breach class action case involving the breach of 2.6 million payment cards as the plaintiffs were unable to show that they were injured as a result of the incident....
Retention clauses are almost always included in California construction contracts and permit an Owner to withhold a portion of what is owed to the General Contractor as security to ensure the proper completion of the work. General Contractors pass...
