Bloomberg Law Adds New Labor and Employment Tools and Analytics

Media Law

This week, it is announcing expansion of its labor and employment resources and content. The post Bloomberg Law Adds New Labor and Employment Tools and Analytics appeared first on Robert Ambrogi's LawSites. The folks at Bloomberg Law are keeping busy. Last week, I wrote about the legal research platform’s rollout of a major redesign of its user interface and search experience.

Lex Machina Adds Analytics For A New Area Of Law: Employment Litigation

Media Law

The new employment module includes analytics showing case resolutions. The post Lex Machina Adds Analytics For A New Area Of Law: Employment Litigation appeared first on Robert Ambrogi's LawSites. When LexisNexis acquired the legal analytics platform Lex Machina in November 2015, the plan was to use LexisNexis’s collection of federal and state docket data to expand Lex Machina’s analytics beyond its original area of intellectual property.

Fox Strikes Back at Netflix's Attempt to Void Fixed-Term Employment Deals

THR, Esq. Entertainment & Media Law Blog

The content giant demands that a judge halt Netflix's counterclaims. read more. THR, Esq. The Business Movies Television Business THR Online

Independent Contractor vs. Employee – misclassification can cost entertainment industry employers dearly.

Gordon P. Firemark

On January 1 of 2012, California’s law changed to create significant penalties for employers who willfully misclassify workers, and fail to withhold taxes, pay into the Worker Compensation system, etc. In applying this analysis, the burden of proof is on the employer.

Wait a Cotton Pickin’ Minute: Free Speech and Employment

The Legal Satyricon

by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas. First Amendment employmentSometimes, they overlap, as they did in my Twitter feed recently. Blatant self-promotion, feel free to follow me @wolmanj ). In Trusz v.UBS Realty Investors, LLC, the Connecticut Supreme Court was […].

Viacom Must Face Ex-BET Exec's Defamation and Discrimination Suit

THR, Esq. Entertainment & Media Law Blog

Zola Mashariki has convinced the court, for now, that the BET parent company acted as her employer. read more. THR, Esq. Television Television THR Online BET Viacom

Who Owns an Employee's Twitter and Other Online Accounts?

New Media and Technology Law

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors. 8, 2011), involves a Twitter account that was used by an employee to publish product reviews and other messages on behalf of his employer.

Andrea Tantaros Claims Fox News "Tortured" Her Via Hacking, Social Media Stalking

THR, Esq. Entertainment & Media Law Blog

The television personality alleges her former employer violated both criminal and civil law. read more. THR, Esq. Business Television Business THR Online

Paramount Beats Musicians Guild in Lawsuit Over Outsourcing Film Scores

THR, Esq. Entertainment & Media Law Blog

A judge figures out the meaning of "producer" and "employer" in Hollywood. read more. THR, Esq. The Business Movies Music Business THR Online Paramount Pictures AFM Labor

The ECPA and Employer Monitoring of Employees

Media Law Prof Blog

Ariana R. Levinson, University of Louisville School of Law, has published Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees. Here is the abstract. Professor Levinson proposes a cohesive interpretation of the Electronic

Fox Says Netflix Dispute May Disrupt Business Operations at Highest Level

THR, Esq. Entertainment & Media Law Blog

The studio demands an appellate court move quickly in deciding the legality of its employment agreements with its most senior executives. read more. THR, Esq. The Business Movies Television Tech Business THR Online

District Court Judge Allows Interior Designer's Right of Publicity Twitter/Facebook Lawsuit Against Former Employer To Go Forward

Media Law Prof Blog

A U.S. federal district court is allowing part of a plaintiff's case based on the Illinois Right of Publicity Act to go forward and the Lanham Act, based on her allegations that the defendants used her name and image in

California Appeals Court Revives Discrimination Lawsuit Against CNN

THR, Esq. Entertainment & Media Law Blog

Stanley Wilson, a fired Emmy Award-winning producer, convinces two out of three justices that his former employer's conduct did not arise from protected activity.

CNN 43

The Future of Restrictive Covenants in Settlements and Severance

The Legal Satyricon

employment lawby Jay Wolman The law is ever changing and what is common may, at some point, become unlawful (or already is without folks realizing it). Recent developments in statutory law and enforcement actions in existing law have really made me think about all of those clauses that commonly appear in agreements with former employees, whether […].

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California General Assembly and Senate Considering Prohibiting Employers From Requesting Passwords To Social Media Sites

Media Law Prof Blog

The California Legislature is moving ahead on bills that would prohibit employers from demanding employee passwords to social media sites. The text for California Assembly Bill, A.B. 1844, is available here. The text for California Senate Bill 1349 is available

Who Owns an Employee’s Twitter and Other Online Accounts?

New Media and Technology Law

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors. 8, 2011), involves a Twitter account that was used by an employee to publish product reviews and other messages on behalf of his employer.

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense

New Media and Technology Law

The Ninth Circuit, sitting en banc , has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy. The ruling reinstates a split in the circuit courts on the question of when an employee’s access to an employer’s proprietary documents can trigger a cause of action under the CFAA.

Will 50 Cent Get In Trouble With the U.S. Secret Service For Using "Fake" Cash?

THR, Esq. Entertainment & Media Law Blog

The rapper tells a bankruptcy court he's employing "prop money" for "social media marketing activities." Anything wrong with that? read more. THR, Esq. The Business Movies Television Music Business THR Online

First Amendment trumps Equal Opportunity Employment

The Legal Satyricon

church and state discrimination employment law First AmendmentToday, the Supreme Court in Hosanna-Tabor Church v. EEOC issued a unanimous ruling on the First Amendment. While this blog regularly celebrates the Freedom of Speech clause, the decision focuses primarily on the Free Exercise Clause and, to a lesser extent, the Establishment Clause. In a nutshell: Church had 2 types of teacher–lay and ministerial. [.].

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Questionable Employment Practices in High Tech Industry

JetLawBlog

If a few industry leaders and major employers held to such a policy, it could leave their former employees with almost no options in their career field after leaving a company.

Staffing: Warners ups employment counsel

THR, Esq. Entertainment & Media Law Blog

Recent entertainment law hires, promotions and notes: Mike Marino (right) has been promoted to senior vp and chief employment counsel at Warner Bros. Marino will be Warners' lead employment lawyer worldwide. He was vp and senior employment and compliance counsel.

Top Hollywood Labor Lawyer Howard Fabrick Switches Firms (Exclusive)

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni Fabrick, an expert on guild negotiations and employment disputes, joins Barnes & Thornburg as a partner. read more. THR, Esq. THR, Esq. The Business Business

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L.A. Weatherman Sues CBS Stations For Hiring Young, Attractive Women

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni Kyle Hunter has filed an employment discrimination lawsuit against CBS Broadcasting and its stations KCBS and KCAL. read more. THR, Esq. THR, Esq. Television Television

Why Are You Giving Fired Employees 21 Days to Consider Severance?

The Legal Satyricon

by Jay Marshall Wolman Plenty of employers let go of an employee and give them some prefabricated separation/severance agreement, hoping to pay the now disgruntled former employee to go gentle into that goodnight. employment law misc adea owbpa severanceThey go online and download a model or ask their payroll company or just use what they used last time, without considering […].

Film and TV Script Website Accused of Violating Talent Agent Licensing Law

THR, Esq. Entertainment & Media Law Blog

Adam Seid accuses Breakdown Services of aiding and abetting talent managers who can''t legally procure employment for actors. read more. THR, Esq. The Business Movies Television Business THR Online

Interns' Big Victory Against Fox Vacated by Appeals Court

THR, Esq. Entertainment & Media Law Blog

2nd Circuit says the true test of whether internships must be paid comes down to whether the intern or the employer is the primary beneficiary of the relationship.

Chong on Asian Pacific American Employment and Color-Blind Casting in the Entertainment Industry

Media Law Prof Blog

Christina Shu Jien Chong, University of San Francisco School of Law, has published Where are the Asians in Hollywood? Can §1981, Title VII, Colorblind Pitches, and Understanding Biases Break the Bamboo Ceiling? at 21 Asian Pacific American Law Journal 29

SAG-AFTRA Asks for Investigation of Videogame Industry Over Vocal Safety Issues

THR, Esq. Entertainment & Media Law Blog

Employer pressure to overwork their voices has caused performers to taste blood, faint, lose their voices for months at a time and suffer permanent damage, says the union.

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Public Employment Free Speech Rights

Media Law Prof Blog

This article examines the foundational cases dealing with public employment free-speech rights Joseph Oluwole has published "On the Road to Garcetti: 'Unpick'ering Pickering and Its Progeny," in volume 36 of the Capital University Law Review (2008). Here is the abstract.

@scleland: How Google Is Anti-employment Anti-property & Pro-regulation — Artist Rights Watch

Music Technology Policy

Google’s unprecedented Obama Administration influence and its self-serving anti-employment, anti-property, and pro-regulatory policy agenda, are on a collision course with the job-creating, pro-property, deregulatory Trump Administration growth agenda. via @scleland: How Google Is Anti-employment Anti-property & Pro-regulation — Artist Rights Watch.

Government Speech and the Publicly Employed Attorney

Media Law Prof Blog

Margaret Tarkington, Brigham Young University Law School, has published Government Speech and the Publicly Employed Attorney (forthcoming in Brigham Young University Law Review). Here is the abstract. In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the “government speech” doctrine

Why Jennifer Lawrence Won't Sue Over Pay Inequality (Guest Column)

THR, Esq. Entertainment & Media Law Blog

Gender pay disparity has become Topic A among A-list actresses, but applying a tough new California law to Hollywood studios could prove difficult, writes a top employment lawyer.

Pirate Appreticeships

The Legal Satyricon

employment law misc leap day pirates of penzance statistics wage gapby Jay Marshall Wolman How quaint the ways of Paradox! At common sense she gaily mocks! Though counting in the usual way, Years twenty-one I’ve been alive. Yet, reckoning by my natal day, Yet, reckoning by my natal day, I am a little boy of five! The Pirates of Penzance, “When You had Left Our […].

That’s It! You’re Fired! And no, this isn’t retaliation. Is it?

The Legal Satyricon

employment law misc retaliation temporal nexusby Jay Marshall Wolman The law and business are never as neat and clean as you might hope. One of the toughest problems is when two things are happening around the same time and they start to implicate each other. In law, we have the maxim “post hoc ergo propter hoc” (after this, therefore because of this) […].

Free Speech and Discrimination Redux

The Legal Satyricon

misc employment law First Amendment landlord tenantby Jay Marshall Wolman Last week, I wrote about a potential implication from In re: Tam, based upon the hypothetical from a dissenting judge about a business calling itself “Spics Not Welcome” There is a significant tension in the law between freedom of speech, which includes the right to offend, and anti-discrimination laws. The fine folks […].

Spics Not Welcome

The Legal Satyricon

employment law misc trademark discrimination disparaging marks First Amendmentby Jay Marshall Wolman By now, you have probably heard that Simon Tam won his case before the Federal Circuit regarding his attempt to register a trademark for his band “The Slants” (Disclosure: Randazza Legal Group represented the First Amendment Lawyers’ Association as amicus curiae in that case and was recently co-counsel with Mr. Tam’s lawyer, […].

The Expansion of Regarded-As Discrimination

The Legal Satyricon

employment lawby Jay Wolman The Americans with Disabilities Act protects three categories of individuals: those presently disabled, those previously disabled, and those perceived to be disabled. The latter is deemed “regarded as”; it does not require the member of the protected class to actually have or have had a physical or mental impairment that substantially limits […].

Soap Opera Actress Sues Over Not Being Considered for Re-Employment

THR, Esq. Entertainment & Media Law Blog

Victoria Rowell says she went to "Herculean efforts" to reprise her role as Drucilla on "The Young and the Restless," including communicating with Leslie Moonves and Michael Lynton. read more. THR Online THR, Esq. Television Business

NLRB Tells Employers Their Employees Have Right To Discuss Working Conditions Via Social Media

Media Law Prof Blog

Steven Greenhouse of the New York TImes reports on employer attempts to discourage negative online employee comments about working conditions and employer policies and the National Labor Relations Board's response. Mr. Greenhouse notes that the NLRB has judged many such

Fox News Says Andrea Tantaros Wants Lawsuit in Open Court to Sell Books

THR, Esq. Entertainment & Media Law Blog

The cable news network tells a judge that the employment agreement mandates arbitration. read more. THR, Esq. The Business Television Business THR Online