In early November 2016, I participated in a Panel at the North American Law Summit in Mexico on the rights and limitations of the 4 major sports leagues when they seek to discipline players for off-the-field conduct.  In addition to a discussion of the recent “Deflategate” decision involving Tom Brady, I addressed the Colin Kaepernick […]

I was a Panel on September 20, 2016 entitled “Impact of the New Overtime Rules on Arts Organizations” sponsored by the Greater Pittsburgh Arts Council.

You can download the materials I provided at the Seminar to the attendees here.

This article discusses the steps employers can and should take to regulate the use of social media by its employees, including the development of written social media policies. As the article discusses, such polices need to be carefully drafted because the NLRB has filed numerous actions against employers alleging that social media policies that limit […]

This article discusses the concept of copyright preemption and argues that this may be a potential defense for the NFL to the class action lawsuit filed by former NFL players against NFL Films alleging that NFL Films violated their right of publicity by producing and airing various highlight films on the NFL Network and in […]

4/19/2016 As urged in previous posts — “Are Your Website Terms & Conditions and Privacy Policy Compliant?” and “Why Does My Website Need Terms of Use and a Privacy Policy?,” any company conducting business online (which means just about everyone) should create “Terms of Use” and a “Privacy Policy” carefully crafted to the operations of […]

3/29/2016 As I have highlighted in earlier posts — “Are Your Website Terms & Conditions and Privacy Policy Compliant?” and “Why Does My Website Need Terms of Use and a Privacy Policy?,” “Terms of Use” on a company or non-profit’s website are designed to form a legally binding contract between the user of the site […]

2/8/2016 In 1990 when Congress passed and President George H.W. Bush signed the Americans with Disabilities Act (“ADA”) into law, websites and mobile apps were the stuff of science fiction. Today, however, it is hard to find any company or non-profit that does not have a website and/or mobile app, leaving the courts to struggle […]

8/24/2015 In a closely watched case, the U.S. Court of Appeals for the Third Circuit has affirmed that the Federal Trade Commission has jurisdiction over charges that Wyndham Worldwide Corporation’s cybersecurity and privacy practices were “unfair” under 15 U.S.C. section 45(a). FTC v. Wyndham Worldwide Corp., No. 14-3514 (3d Cir. Aug. 24, 2015). The FTC […]

7/7/2015 “Doing business online is not like a traditional brick-and-mortar business.” “The internet is the Wild Wild West. Anything goes, so why does my website need ‘Terms of Use’ and a ‘Privacy Policy.’ ” As counsel for a number of small to mid-size companies and non-profits, I regularly hear some variation of these statements. Let’s begin […]

5/1/2015 Any company or non-profit with an online presence (and these days, that’s just about every company or non-profit of any size) must provide visitors to its website with a number of pieces of information. While the amount of and nature of the information your website will need to include will vary depending on the […]

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