A recent New York Times article raises some interesting questions about how US cities might tackle increasing traffic congestion and subsequent pollution—by following the urban planning of many European cities, where trends are to make driving as irritating as possible, thereby almost forcing individuals to choose public transportation.
Rosemary O’Shea and I often work together on helping our hospitality clients understand and resolve issues involving the Americans with Disabilities Act (“ADA”) accessibility requirements. While the deadline has already passed for complying with those provisions of the new ADA regulations relating to accommodating service animals and a variety of power-driven mobility devices, another key deadline is quickly approaching. As discussed by Rosemary in an article published in the July 2011 issue of ARDA’s Developments Magazine, March 15, 2012 is the deadline for complying with the new ADA accessibility construction standards (“2010 Standards”) and reservation requirements. Here is some key information to consider as this deadline approaches.
Representing the growing prevalence and indispensability of mobile telecommunications worldwide, a recent study estimates that the mobile industry comprises almost 2% of global gross domestic product. The report, released by technology consulting group Chetan Sharma, found that mobile telecommunications currently accounts for nearly $1.3 trillion in global revenue as subscriptions rise exponentially in the U.S. and international markets. Research indicates that an explosion in data usage through smartphones and other next-generation mobile devices represents a key driver of the mobile industry, bringing in approximately $67 billion in the U.S. and $300 billion worldwide. The U.S. wireless data market grew 26% and per-month data usage more than doubled from 2009 to 2010. The gains for the mobile industry follow a critical turning point late last year, as smartphones outsold personal computers for the first time in history and data devices such as e-readers and tablets saw a jump in sales.
A Delaware bankruptcy judge has cut Dodger owner, Frank McCourt, off at the discovery pass.
Recently, one of Twitter’s business partners announced that it had been contacted by the Federal Trade Commission (“FTC”) and planned to comply with the agency’s request for information. The company, UberMedia, develops software which helps users access and organize Twitter content through smart phones and desktop computers. While the FTC has not disclosed the scope of its inquiry, sources familiar with the investigation say that the FTC suspects Twitter of pressuring UberMedia and other partners which have developed features Twitter wants to offer itself, in a way that harms competition. Over time, Twitter has purchased some developers, and the company recently asked its existing developers to refrain from imitating Twitter’s own mobile device applications and web interface, in the interest of standardizing the user experience.
The question of whether to pay employees for putting on protective gear has plagued employers for years. While the federal courts are divided over this issue, at least five Appellate Courts – the Fourth, Sixth, Seventh, Eleventh and now the Tenth Circuits – have held that personal protective equipment is included within the meaning of “clothes” under Section 203(o) of the FLSA, and thus not compensable. Salazar v. Butterball.
Long time readers of the blog may be getting a feeling of deja vu with the title of the post. After all, it was about two years ago that I wrote about Google Wave. That product was going to change the
world way we communicate. (Fortunately, I didn’t make such bold predictions, other than to point out that lawyers couldn’t ignore new technologies — like Facebook and Twitter – forever. )
The discount for lack of marketability, or DLOM, has reigned supreme in New York fair value proceedings since 1985 when the Appellate Division, Second Department, decided Matter of Blake, 107 AD2d 139. DLOM’s basic premise accepted in Blake is that “shares of a closely held corporation cannot be readily sold on a public market” (id. at 149) and therefore should be discounted to reflect the additional risk factors associated with the time and difficulty of finding buyers for non-publicly traded shares.
Google faces antitrust allegations by the Federal Trade Commission (FTC), the European Union(EU), and in Texas that Google’s search engine favors its own services in search results and charges rivals higher ad rates. So when asked to testify before a US Senate Judiciary antitrust subcommittee Google initially refused, but now Eric Schmidt, Google’s executive chairman has agreed to testify.
Big news in the sporting and antitrust litigation worlds — which overlap considerably — on Friday when the U.S. Court of Appeals for the Eighth Circuit (which hears all appeals in federal cases filed in the states between North Dakota, Minnesota, Arkansas, and Nebraska), reversed a preliminary injunction imposed by the U.S. District Court for the District of Minnesota prohibiting the NFL owners from imposing a “lockout” on players.