Rights of Publicity and the Student-Athlete: Another Test for the NCAA

By Byron McMasters | A federal appeals court recently reinstated former Rutgers University quarterback Ryan Hart’s lawsuit against videogame giant Electronic Arts, Inc. (EA) for allegedly violating his right of publicity by using his likeness and bio in its NCAA Football videogame.

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New Regs for Tracking FMLA Intermittent Leave: Use Smallest Increment

By Roger Hood | As we celebrate the 20th anniversary of the Family and Medical Leave Act, new regulations issued in March clarify tracking for employers with hourly employees who take time off for qualified FMLA leave. The new regulations serve as a reminder to employers that they must track using the smallest increment of time utilized for other types of leave that are offered to employees.

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Coming Soon to Your Social Media Page: That Court Summons You’ve Been Dodging

By Byron McMasters | Recently, Texas became the first state in the nation to introduce legislation authorizing the notice of a lawsuit via a social media site. If passed, the proposed legislation would authorize a judge to permit a plaintiff to serve the defendant through social media if the defendant maintains a social media page, regularly accesses the account and “could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant’s account.”

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Never Miss a Branding Opportunity: A Lesson From The Evil Empire

By Byron McMasters | The U.S. Patent and Trademark Office’s rejection of a trademark application made a rare appearance in the news recently when a new company called Evil Enterprises, Inc. was denied registration for the mark “Baseballs Evil Empire” that it intended to use in connection with a new clothing line.

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What’s a Copyright Worth in Social Media?

By Tyler T. Ray | Have you noticed one of the following “shares” on social media: Instagram pictures on Twitter, Pinterest pins on Facebook, Twitter retweets on Tumblr? This is par-for-the course nowadays. But the sharing across different social media platforms is creating serious legal debate – and case law – in regard to rights and attribution of copyrights related to social media content.

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NLRB Focuses on Non-Union Employers – Should You Revisit Your Social Media Policy?

By Tyler T. Ray | Companies have gone to great lengths over the past several years to update employment handbooks and include provisions covering social media. Recently, the National Labor Relations Board (NLRB) has taken a strong interest in regulating social media activity which impacts both union and non-union workers alike, perhaps as a new way to maintain its presence in the workplace as labor union membership diminishes.

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