Author Archives: Post or Perish

Copyright Fee Awards Clarified

Today, the Supreme Court issued a unanimous opinion addressing the standards for awards of attorneys’ fees under the Copyright Act. The case, Kirtsaeng v. John Wiley & Sons, Inc., was before the Supreme Court for the second time.  The first … Continue reading

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Social Media Problems Can Cost You Millions

The power of social media was on full display during the first round of the NFL draft last night. Laremy Tunsil, an offensive tackle from the University of Mississippi (‘Ole Miss) was projected to be one of the top picks … Continue reading

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Let’s [Not] Go Crazy: Copyright Holders Should Pause Before Sending Takedown Notices

It is common for copyright holders to send Digital Millennium Copyright Act (“DMCA”) takedown notices to websites to remove material that they believe to be infringing. But few are aware that overly aggressive policing can expose them to liability (including … Continue reading

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Creepy Stalker a/k/a “The Watcher” Turns Dream Home into Nightmare – Pitfalls of Purchasing a “Stigmatized” Home

In 2014, a New Jersey couple with three children purchased a $1.3 million “dream home” located in a New York City bedroom community.  However, their dreams were dashed when they received the first of three supremely creepy letters just three … Continue reading

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Unmasking Fuboy

In Hadley v. Subscriber Doe a/k/a Fuboy, the Illinois Supreme Court weighed in on defamation claims arising from anonymous internet posts. In Hadley, an anonymous poster using the screen name “Fuboy” commented on an on-line article discussing Bill Hadley’s campaign … Continue reading

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OSHA Issues Guidance on Restroom Access for Transgender Workers

The Occupational Safety and Health Administration (OSHA) has released a guide for employers on best practices regarding restroom access for transgender workers.  This release coincides with National LGBT Pride Month as well as Caitlyn Jenner’s appearance on the June cover … Continue reading

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Threat or Theatre?

The Supreme Court issued its opinion in Elonis v. U.S., commonly known as the “Facebook threats” case, earlier this week.   The case involved charges under the federal “threats statute,” which criminalizes communicating “any threat to injure the person of another,” … Continue reading

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Facebook and Your Digital Assets

Digital assets have come to permeate our lives.  They currently include items such as emails and email accounts, social network content and accounts, electronic documents, digital photographs, digital videos, database file sharing accounts, financial accounts, health care records and accounts, … Continue reading

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There’s No Place Like Home (Unless Attendance Is An Essential Job Function)

A federal appellate court has rejected the EEOC’s claim that Ford unlawfully denied an employee’s request for a reasonable accommodation after she asked to work from home due to her irritable bowel syndrome. The U.S. Court of Appeals for the … Continue reading

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Plug or Perish

FVLD Member Neil Rosenbaum will be a panelist at the Chicago Masters Conference for Legal Professionals on Managing the e-Discovery and Social Media Minefield.  The Masters Conference is an educational forum that convenes a series of events each year throughout … Continue reading

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Ooh, Baby Love: The Supremes Rule in Favor of Pregnant Employee

For the first time in years, the U.S. Supreme Court has issued an opinion on the scope of the Pregnancy Discrimination Act (“PDA”).  In Young v. UPS, the Supreme Court ruled that a pregnant worker could bring a claim of … Continue reading

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You Don’t Have to Friend Your Boss in Montana (Among Other States)

On April 23rd, Montana became the 20th state (joining Maryland, the first to pass such a law, as well as Arkansas, California, Colorado, Illinois, Louisiana, Michigan , Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, … Continue reading

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What’s in a Name? Unidentified Professor’s Defamation Claim Dismissed

As reported in the Chicago Daily Law Bulletin (login required), an Illinois appellate court affirmed dismissal of a Northwestern University professor’s lawsuit against media outlets over headlines reporting that he was alleged to have “raped” a student.  See Ludlow v. … Continue reading

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Mr. Cub and the Presumptively Void Transfers Act: What if?

Ernie Banks, “Mr. Cub” passed away in January of an apparent heart attack.  Only three months prior to his death, Banks executed a new Will cutting out his family and leaving his estate to his longtime caregiver, Regina Rice.  Within … Continue reading

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“Double Dipping Doctor” Defamation Dispute Dismissed

An Illinois appellate court affirmed the dismissal of the former Chief of Osteopathic Surgery at Stroger Hospital’s complaint against various media outlets for reporting that the hospital overpaid him tens of thousands of dollars via direct deposit while he was on an … Continue reading

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