RPL Client Wins in FOIA Case Against FBI and DOJ

RPL Client Watched Film, LLC has been gearing up for the 2018 release of its feature-length documentary, The Feeling of Being Watched, directed by Algerian-American journalist and filmmaker Assia Boundaoui. The film tells the story of Ms. Boundaoui’s investigation into the rumors of government surveillance in her childhood neighborhood outside of Chicago– a largely Arab-American neighborhood at the time. She soon learned the truth of the rumors, uncovering one of…

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RPL Partner Mark H. Moore Discusses Groundbreaking Decision on Employee Privacy in Europe

On September 5, 2017, the Grand Chamber of the European Court of Justice issued a decision of signal importance in the field of employee privacy. The Chamber condemned without sufficient justification an employer’s monitoring of an employee’s communications, leaving European employers with only vague guidance as to when such monitoring may be warranted. The employee at issue, Bogdan Mihai Bărbulescu, was employed as a sales engineer from August 2004 through August 2007…

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RPL Partner Mark H. Moore Addresses Emerging Standard for Successor Liability for Federal Labor Claims

A buyer of a business is often concerned about whether the buyer will be faced with liability for legal claims arising from past operations of the business. Under state law this “successor liability” is often minimized by structuring the sale of the business as a sale of assets alone, coupled with a declaration that the buyer is not assuming the liabilities of the business.  Recently, Judge Gregory H. Woods of…

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New York Passes “Freelance Isn’t Free Act”

Two weeks ago on October 27, 2016, New York City passed the “Freelance Isn’t Free Act,” (the “Act”) which provides legal protections for freelancers. The Act will go into effect 180 days after it is signed by Mayor de Blasio.  Prior to this Act, a freelancer’s sole remedy for nonpayment claims was to assert a breach of contract claim in court. Once the Act goes into effect, freelancers will benefit…

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RPL’s Ethan Krasnoo on New California Law to Prevent Age Discrimination in Casting Actors

Recently, California state enacted a new law that allows actors and other entertainment industry professionals to require removal of their ages posted on certain websites. Specifically, A.B. 1687 requires commercial entertainment employment providers like the Internet Movie Database (“IMDb”), that offer paid subscription services for actors and other professionals to post profiles, to remove an actor’s date of birth or age within five days of a subscriber’s request.  The law…

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Would the Second Circuit Have Ruled Differently in the Maltz Canadian Copyright Case? Insights from Reavis Parent Lehrer Associate Allison “Ally” M. Grein

After discovering her grandfather’s diary, written in the Holocaust-era village of Sokal (formerly in Poland, now considered part of Ukraine), Israeli-American documentarian Judy Maltz traveled to an address recorded in the diary—the home of Francizska Halamajowa, a woman who offered safe haven to Maltz’ grandfather, three Jewish families and a German soldier who defected.  Maltz interviewed living survivors and their descendants, conducting a great deal of original research to learn more about…

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Insights on Massachusetts Landmark Equal-Pay Legislation from RPL Associate Ethan Krasnoo

This month, the Massachusetts legislature passed landmark equal-pay legislation, making it the first state to ban the common practice of employers asking job applicants for their salary histories. Bill S.2119 189th, also known as “An Act to establish pay equity,” is being hailed as “the most robust equal pay law in the country,”* and requires employers to pay workers of different genders the same wages, including benefits and other compensation,…

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RPL Partner Larry Brocchini Provides Overview of Landmark Federal Trade Secrets Act

Recently, Congress enacted, and President Obama signed, the Defend Trade Secrets Act of 2016 (“DTSA”), the first comprehensive federal trade secrets legislation.  This landmark legislation provides a federal civil remedy for the misappropriation of trade secrets, thereby allowing trade secret owners to protect their innovations and seek redress in federal court—as owners of copyrights, patents and trademarks have already been able to—when violations of their rights occur. Unlike other types…

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Morgan Stanley Motion to Dismiss Denied in Whistleblower Suit

For immediate release: Morgan Stanley Motion to Dismiss Denied in Whistleblower Suit Bank Must Face Dodd-Frank and Sarbanes-Oxley Claims for Firing Brokers in 2011 July 14, 2016, New York, NY – Yesterday, a judge in the United States District Court of the Southern District of New York denied Morgan Stanley’s Motion to Dismiss a $20 million suit brought by two former employees, Jamie Feldman-Boland and James Boland.  The Plaintiffs, a…

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Recent Ruling Extending DMCA Safe Harbor Protections to Pre-1972 Sound Recordings

The United States Court of Appeals for the Second Circuit recently handed down a critical copyright decision for online service providers such as defendant, Vimeo LLC, that operate websites on which members can post videos of their own creation, which are then accessible to the public at large.  That ruling extends a safe harbor protection of the Digital Millennium Copyright Act of 1998 (“DMCA”) to pre-1972 sound recordings posted on sites…

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