Another Super Bowl in New Jersey? Unlikely!
12/19/17
By: Joshua G. Ferguson
A Third Circuit panel issued an opinion last week in an NFL fan’s class action alleging the National Football League violated New Jersey’s consumer fraud law by failing to make enough 2014 Super Bowl tickets available …
DOL To Rescind 2011 Tip-Pooling Regulations
12/19/17
By: Timothy J. Holdsworth
In 2011, the U.S. Department of Labor (“DOL”) revised its regulations to support its position that the Fair Labor Standards Act (“FLSA”) requires that tipped employees retain all their tips regardless of whether the employer takes …
NLRB Delivers One-Two Punch to Pair of Standards that Have Dogged Employers
12/18/17
By: Paul H. Derrick
In a stunning development, the National Labor Relations Board has overruled a pair of controversial standards that have caused headaches in the business community for years.
In the first case, the NLRB reversed an Obama-era decision …
What Does Your Video Watching Behavior Say About You?
12/18/17
By: Jonathan Romvary
A federal court recently determined that the sharing of an individual’s device identification number and the videos watched does not violate federal privacy laws. In Eichenberger v. ESPN, Inc. , 2017 BL 427074, 9th Cir., No. 15-35449 …
12/15/17
By: Allan J. Hayes
A lobbyists job in never done. Like the tides of the ocean, politics has an ebb and flow. Issues go through a cycle effected not by the moon’s gravitational pull but by the nature of America’s …
12/11/17
By: Elizabeth G. Fellmeth
On April 1, 2016, stronger discrimination and harassment regulations under the Fair Employment and Housing Act (“FEHA”) took effect. In addition to distributing California’s Department of Fair Employment and Housing (“DFEH”) brochure on sexual harassment (DFEH-185), …
Will the Las Vegas Tragedy Change the Hospitality Industry?
12/8/17
By: America Vidana
Hundreds of victims of the October 1, 2017 mass shooting in Las Vegas have filed several suits in both California and Nevada courts against Mandalay Bay, MGM Resorts and LiveNation. The victims accused the hotel operator, MGM …
Trends and the Economic Impact Involving Workplace Injuries
12/6/17
By: Jac O’Delle E. Wright
Employers, agents, brokers and insurers have every reason to keep up-to-date regarding trends and the economic impact involving workplace injuries. Because of frequent changes, including those involving workers’ compensation legislation and case law, safety management …
The Entrepreneurs Parole Visa – Full Steam Ahead – For Now
12/4/17
By: Kenneth S. Levine
On 12/1/2017 a Federal Judge ruled that the Department of Homeland Security did not have legal cause to delay the enactment of a visa program for foreign entrepreneurs. The program, referred to as the “International Entrepreneur …
11/30/17
By: Jessica C. Samford
When dealing with a lawsuit alleging legal malpractice, one of the first lines of defense in Georgia is O.C.G.A. § 9-11-9.1, which requires that an expert affidavit be filed at the same time as the complaint. …
Arbitration Clauses Are Only As Good As the Signatory’s Power to Bind, Obviously
11/29/17
By: Shaun Daugherty
A name is just a name when it was found on the signature line of an arbitration agreement between a Tift County Georgia nursing home and one of its residents. A U.S. District Judge in the Middle …
Flip It and Reverse It: The Outside Reverse Veil Piercing Theory Gains Ground in California
11/28/17
By: Kristin A. Ingulsrud
California’s Fourth Appellate District has determined that “outside reverse veil piercing” may be a means of reaching a Limited Liability Company’s assets. In Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, the court held that …