Tag: featured

Corporate, Cybersecurity

SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

Written by Blake Baron and Gabriel Miranda On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted the new highly-anticipated cybersecurity disclosure rules for public companies. Background: Cybersecurity disclosure has been on the SEC’s radar since their 2018 cybersecurity disclosure guidance. And, on March 9, 2022, the SEC first proposed its new cybersecurity rules for public companies aiming to “better inform investors” about … Continue reading SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

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Immigration

Update: DHS Announces New Alternative Procedure for E-Verify Employers and New Form I-9 Requirements

Written by Frida P. Glucoft and Lauren Hazday Today the U.S. Department of Homeland Security (DHS) announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities for completion of Form I-9 for employment verification as of July 31, 2023. The rule also provides DHS with the authority to authorize optional alternatives for employers to examine Form I-9 support documentation. … Continue reading Update: DHS Announces New Alternative Procedure for E-Verify Employers and New Form I-9 Requirements

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Labor & Employment

PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

Written by Gary McLaughlin and Kyle DeCamp On July 17, 2023, the California Supreme Court broke from the United States Supreme Court by deciding in Adolph v. Uber Technologies that a plaintiff in a Private Attorneys General Act (“PAGA”) action whose own individual claims are compelled to arbitration nonetheless retains standing to pursue representative PAGA claims in court. In Adolph, the plaintiff, Erik Adolph, worked … Continue reading PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

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Intellectual Property

Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

Written by Eleanor M. Lackman In Hunley v. Instagram, LLC, — F.4th — (July 17, 2023), the Ninth Circuit thwarted another attempt to outlaw embedding (also called “in-line linking”) of photographs. The court affirmed a district court’s ruling that parties who embedded on their websites photographs from Instagram did not violate the plaintiff photographers’ display right as set forth in 17 U.S.C. §106(5), and accordingly … Continue reading Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

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Immigration

COVID-19 Temporary Flexibilities for Form I-9, Employment Eligibility Verification, Will End on July 31, 2023

Written by Frida P. Glucoft and Lauren Hazday Introduction: In March 2020, U.S. Immigration and Customs Enforcement (ICE) introduced COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification that allowed employers operating remotely to verify employee identity and employment authorization documents virtually (e.g. fax, email or video). These measures have been extended several times, most recently in October 2022 through July 31, 2023. However, ICE … Continue reading COVID-19 Temporary Flexibilities for Form I-9, Employment Eligibility Verification, Will End on July 31, 2023

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Cybersecurity, Regulatory

New Adequacy Decision for the EU-US Data Privacy Framework

Written by Susan Kohn Ross, Stacey Chuvaieva, and Lucy Holmes Plovnick Yesterday, July 10, 2023, the European Commission adopted a new adequacy decision entitled the EU-US Data Privacy Framework. It provides a new mechanism designed to permit the transfer of personal data from the European Union to the United States (“Framework”) in a manner that adequately protects the privacy rights of those individuals whose personally identifiable … Continue reading New Adequacy Decision for the EU-US Data Privacy Framework

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Intellectual Property

SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

Written by Marissa B. Lewis and Brandon E. Hughes On June 29, 2023, the U.S. Supreme Court issued its decision in Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, holding that federal trademark law extends only to claims where the alleged infringing “use in commerce” occurs in the U.S.  The ruling overturns a $96 million in damages awarded for infringing conduct that … Continue reading SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

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Labor & Employment

Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

Written by Jeremy Mittman In a recent decision, the Ninth Circuit Court of Appeals addressed the issue of music-as-harassment in the workplace. The court recognized the impact of “sexually graphic, violently misogynistic music” in creating a hostile work environment, ruling that it could be grounds for a Title VII claim. The court’s ruling emphasizes the importance of addressing offensive conduct and provides guidance for employers … Continue reading Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

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Labor & Employment

The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

Written by Jonathan Turner and William S. Lisa The Supreme Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters may provide employers with an additional avenue of recourse when dealing with strikers engaging in unlawful behavior not specifically prohibited by the National Labor Relations Act (the “NLRA” or the “Act”).  In a decision joined by five Justices, and a judgment … Continue reading The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

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Cybersecurity, Regulatory

More States Enact Privacy Laws

Written by Susan Kohn Ross, Lucy Plovnick, Stacey Chuvaieva and Albina Gasanbekova Iowa and Indiana now become the sixth and the seventh states, respectively, to provide comprehensive privacy protection to those living in those states, following the lead of California, Virginia, Connecticut, Colorado, and Utah (in that order). Those who do business in Iowa or have Iowa consumers as customers/users have until January 1, 2025 … Continue reading More States Enact Privacy Laws

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