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		<title>Controversial Guidance from EEOC Complicates Use of Criminal Background Reports</title>
		<description><![CDATA[On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. There has long been a debate about the consideration of criminal history in the hiring process. http://nelp.3cdn.net/e9231d3aee1d058c9e_55im6wopc.pdf However, this is the first guidance that the EEOC has [...]]]></description>
		<link>http://businesslitigationinfo.com/business-litigation/archives/controversial-guidance-from-eeoc-complicates-use-of-criminal-background-reports/</link>
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		<title>California&#8217;s &#8220;Shine the Light&#8221; Law:  Protecting Your Business from Class Action Plaintiff&#8217;s Lawyers&#8217; Newly Found Weapon</title>
		<description><![CDATA[Generally, the California&#8217;s &#8220;Shine the Light&#8221; law requires disclosure by any &#8220;business&#8221; that has disclosed &#8220;personal information&#8221; to &#8220;third parties&#8221; and knows or reasonably should know that the third party used the information for &#8220;direct marketing purposes.&#8221;  Cal. Civ. Code § 1798.83. The &#8220;Shine the Light&#8221; law became effective on January 1, 2005, and received little [...]]]></description>
		<link>http://businesslitigationinfo.com/business-litigation/archives/californias-shine-the-light-law-protecting-your-business-from-class-action-plaintiffs-lawyers-newly-found-weapon/</link>
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		<title>Data Breach:  Public Relations and Communications Issues to Consider Subsequent to a Major Data Breach</title>
		<description><![CDATA[Data breaches have affected numerous companies over the past few years.  Companies frequently mismanage their efforts to mitigate the effects of these breaches and do not have a complete and thorough understanding of the facts.  Such oversights and the failure to be proactive can potentially lead to public relation nightmares, as seen from some recent [...]]]></description>
		<link>http://businesslitigationinfo.com/data-security/archives/data-breach-public-relations-and-communications-issues-to-consider-subsequent-to-a-major-data-breach/</link>
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		<title>Free Offer Advertising:  &#8220;Free&#8221; Means &#8220;Free&#8221;</title>
		<description><![CDATA[Companies routinely offer discounts or other incentives to increase sales.  Free offer advertising campaigns are a common and often good method to drive sales.  Advertisers utilizing free offers must do so carefully.  Free offers must not be deceptive, and the component of the offer designated as &#8220;free&#8221; must actually be free.  Stated differently, federal and [...]]]></description>
		<link>http://businesslitigationinfo.com/advertising-and-media/archives/free-offer-advertising-free-means-free-3/</link>
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		<title>BYOD:  Security Issues to Consider When Inviting Employees to &#8220;Bring Your Own Device&#8221;</title>
		<description><![CDATA[Employees often demand to use their own electronic devices to interact with the companies&#8217; systems. Given the 24-hour demands of our ever-connected society and the ubiquitous nature of such devices, allowing employees to use such devices can be attractive &#8212; even tempting &#8212; for the employer.  Such employer permission and employee permitted use, however, brings [...]]]></description>
		<link>http://businesslitigationinfo.com/data-security/archives/byod-security-issues-to-consider-when-inviting-employees-to-bring-your-own-device/</link>
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		<title>3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement</title>
		<description><![CDATA[If you own a patent and become aware that it is being infringed, what are your options?  Usually three: 1) sue; 2) don&#8217;t sue and ignore the infringement; or 3) don&#8217;t sue, but try to agree to a license with the infringer, out of court.  As between alternatives ## 1 and 3, negotiating rather than suing can make [...]]]></description>
		<link>http://businesslitigationinfo.com/intellectual-property/archives/3m-v-avery-dennison-cafc-2012-avoiding-a-declaratory-judgment-action-for-non-infringement/</link>
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		<title>Recent Ohio Decisions Regarding the Enforcement of Arbitration Agreements</title>
		<description><![CDATA[Businesses commonly insert arbitration clauses in its contracts and consumer user agreements with the intent to avoid costly litigation.  When drafting an arbitration clause, businesses must not only weigh the benefits and drawbacks of including such a clause, but must also consider its enforceability and the scope of what the parties will be required to [...]]]></description>
		<link>http://businesslitigationinfo.com/business-litigation/archives/recent-ohio-decisions-regarding-the-enforcement-of-arbitration-agreements/</link>
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		<title>The Supreme Court Arguments on Obamacare Have a Local Angle</title>
		<description><![CDATA[Day Two (March 27) of the three days of Supreme Court arguments on Obamacare (officially, the Affordable Care Act) focused on the constitutionality of the law&#8217;s &#8220;individual mandate,&#8221; which requires everyone to buy health insurance whether they want it or not.  The transcript of the Day Two argument makes a number of references to Wickard v. [...]]]></description>
		<link>http://businesslitigationinfo.com/business-litigation/archives/the-supreme-court-arguments-on-obamacare-have-a-local-angle/</link>
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		<title>FTC Privacy Report – A Tool for Discussion or a Club to Hammer the Unsuspecting</title>
		<description><![CDATA[On March 26, 2012, the Federal Trade Commission (&#8220;FTC&#8221;) issued its Protecting Consumer Privacy in an Era of Rapid Change Report (the &#8220;Privacy Report&#8221;), setting out recommended “best practices” for protecting consumers’ private information.  http://www.ftc.gov/os/2012/03/120326privacyreport.pdf.  In the Privacy Report, the FTC did a thorough job of identifying the issues that are being discussed among privacy [...]]]></description>
		<link>http://businesslitigationinfo.com/data-security/archives/ftc-privacy-report-%e2%80%93-a-tool-for-discussion-or-a-club-to-hammer-the-unsuspecting/</link>
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		<title>You interviewed well, but what are you really like? – Employers ask for access to applicant Facebook accounts</title>
		<description><![CDATA[The issue of prospective employers viewing an applicant’s Facebook account is not new.  Employers and privacy advocates have been debating the permissibility of such conduct for years.  Employers want to know the character of the applicant before investing in training a person or giving a person access to sensitive data or vulnerable individuals.  With Facebook, [...]]]></description>
		<link>http://businesslitigationinfo.com/advertising-and-media/archives/you-interviewed-well-but-what-are-you-really-like-%e2%80%93-employers-ask-for-access-to-applicant-facebook-accounts/</link>
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