There are still people out there who think social media is not for professionals. C’mon, admit it. All right, so the likelihood is that those people aren’t reading this blog, because, after all, it’s part of that “social media stuff.” But how many of you who have dipped your toe in the water (i.e. joined Facebook, staked your claim on your Twitter name, filled out your LinkedIn profile) are using social media? And how many of you are blogging…regularly?
The past two weeks have brought a number of important updates for those watching the Christopher v. SmithKline case, in which the Supreme Court will determine whether pharmaceutical sales representatives are properly classified as exempt from overtime as outside salespersons under the Fair Labor Standards Act (“FLSA”) and whether to defer to the Department of Labor’s (“DOL”) position expressed in amicus briefs that they are not.
I’ve spent a lot of time over the last two years poking (as best I can) into the head of the entrepreneurial plaintiff’s lawyer. That is, the plaintiff’s lawyer that treats her lawsuits like business opportunities, keeping a diversified portfolio and working to maximize the profit from each opportunity. But there is another kind of lawyer that brings class actions, one often referred to as the “cause lawyer.”
Even now email continues to have an “informal” character, business transactions occurring over email thread may, in certain circumstances, create a binding contract. With this in mind, companies can avoid significant expense in relation to unintended contract obligations and litigation by simply addressing how their employees – especially those in sales or purchasing – conduct business through email.
What if in 1982 McDonalds Had Been Named As the Source of Forty-seven Sickened by E. Coli O157:H7-tainted Hamburger in Two States?
Over the last few weeks I have been I taking industry (well, Taco Bell) and government (well, CDC, FDA and eight states) to task for the failure to give up the name of mystery “Mexican-style fast food restaurant chain, Restaurant Chain A” as Taco Bell. However, not “naming names” is not a new, or frankly useful, phenomenon.
It seems that “everything’s up to date in Kansas City”*—and the rest of Kansas for that matter—when it comes to the tax treatment of SaaS, or software as a service. On Monday, in an opinion letter issued by the Office of Policy and Research, the Department of Revenue determined that charges for a “hosted software product” are not subject to sales tax.
America overall is more integrated than ever, and all-white neighborhoods are virtually extinct. Gentrification, immigration, migration to the suburbs, and the tearing down of public housing all have contributed to desegregation over the past decade. However, there are still areas of the country that remain highly segregated.
LXBN TV has returned from LegalTech New York and we hit the ground with a topic that’s—I believe—even hotter than predictive coding in e-discovery, and that is the intersection of employment law and social media. Back on January 25th, the National Labor Relations Board released its second report on social media, following up the report it released in August of 2011.
Local Seattle game developer Spry Foxx has sued 6waves for software copyright infringement based on 6waves’s knock-off of Spry Foxx’s hit game Triple Town. Good for Spry Foxx. Triple Town is shown on the left, and the 6waves knock-off on the right. There are definitely similarities, although to my eye not as many as the Vostu knock-off of the Zynga Cafe World game.
Don’t Keep Your Trade Secrets Secret if You Are Pursuing a Trade Secrets Claim in the Business Court
I’ve written before about trade secrets claims being dismissed by the Business Court and the NC Court of Appeals because the trade secrets were too broadly referenced and not described with “sufficient particularity”. Two of those cases are Akzo Nobel Coatings Inc. v. Rogers, 2011 NCBC 41; and Washburn v. Yadkin Valley Bank and Trust Co. 190 N,C. App. 315, 660S.E.2d 577 (2008)