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There are many other situations where a data broker or other third party may be obtaining “personal information” (as broadly defined) for its own uses in exchange for a service. [read post]
You should understand your exposure in this situation and what types of “no-recording” policies will be upheld by the courts. [read post]
29 Nov 2018, 11:33 am by Edward T. Kang
The Third Circuit similarly appeared to recognize the inevitable disclosure doctrine in the context of the DTSA. [read post]
29 Nov 2018, 4:46 am by CMS
This area was briefly considered in the case of Prest v Petrodel Resources Ltd. in 2013, which also addressed the situations where the corporate veil can be lifted. [read post]
28 Nov 2018, 12:16 pm
Consider a situation in which a worker asks for help from the company’s IT department. [read post]
28 Nov 2018, 2:00 am by Kara E. Shea, Butler Snow LLP
When Dollar General tried to argue that Atkins couldn’t prove that similarly situated employees were treated differently, the court again dismissed the argument as irrelevant in a case based on direct (as opposed to circumstantial) evidence of discrimination. [read post]
26 Nov 2018, 7:15 am by Daniel Hemel
According to the solicitor general, the intergovernmental tax immunity doctrine prohibits a state from taxing federal employees more heavily than “similarly situated” state employees. [read post]
22 Nov 2018, 4:00 am by Malcolm Mercer
Adversarial systems, by their nature, work best where the protagonists are similarly resourced. [read post]
21 Nov 2018, 9:06 am by Beth Graham
  According to Herrington, Waterstone violated the Fair Labor Standards Act (“FLSA”) by failing to pay her and other similarly situated employees overtime and minimum wages. [read post]
21 Nov 2018, 9:04 am by Kevin S. Little
  Generally speaking, compensation to a physician should (most of the time) be viewed as consistent with fair market value if, when compared to compensation paid to similarly situated physicians, the compensation is reasonable. [read post]
20 Nov 2018, 2:28 pm by Kevin LaCroix
With respect awards in cases in which the monetary sanctions imposed exceed $100 million, the agency would have the discretion to adjust the award percentage so that it would not exceed a payout (subject to the 10% statutory minimum) that does not exceed an amount that is reasonably necessary to reward the whistleblower and to incentivize other similarly situation whistleblowers. [read post]
20 Nov 2018, 6:26 am by Andrew Appel
I base my response on that, though I don’t rule out the possible but unlikely situation in which a person without disabilities uses the BMD. [read post]
19 Nov 2018, 2:45 pm by Elizabeth A. Patton
Similarly, trademark or service mark licenses may dictate extensive quality control standards, processes and procedures. [read post]
19 Nov 2018, 11:59 am by Howard M. Wasserman
Lack of probable cause is an element of Fourth Amendment claims and differential treatment of similarly situated people is an element of equal-protection claims. [read post]
18 Nov 2018, 8:30 pm by Cynthia Marcotte Stamer
Self-insured employer and union sponsored health plans, health insurers and other health care payers, health care providers, managed care and practice management service providers and others structuring or working with preferred provider or other managed health care contracts should weigh the potential implications on their health plan provider agreements and managed care practices of the antitrust lawsuit  jointly brought by the U.S. [read post]