Many companies increasingly allow employees to access work networks on their personal mobile devices. Our colleagues at the InsidePrivacy blog recently described a case in which an employer was not entitled to access a former employee’s personal iPhone during discovery in an employment litigation — and what companies might do to avoid this situation. The
November 2012
ISS and Glass Lewis Release 2013 Policy Updates
Institutional Shareholder Services Inc. (“ISS”) and Glass Lewis & Co., LLC (“Glass Lewis”) recently updated their proxy voting guidelines for the 2013 proxy season. The complete 2013 Updates to ISS’s U.S. Corporate Governance Policy are available here. Key updates from both proxy advisors relating to executive compensation and compensation-related matters are discussed below. While…
Amazon Settles “Flash Cookie” Lawsuit
On Thursday, November 15, 2012, Judge Robert S. Lasnick of the Western District of Washington dismissed Del Vecchio v. Amazon, stating that the parties had reached a settlement, the details of which were not disclosed. The suit had alleged (among other things) that Amazon used Flash cookies to backup and “respawn” browser cookies that…
SpectrumWatch: All Five FCC Commissioners will Testify Before House Communications and Technology Subcommittee on December 12 Regarding Spectrum Act Implementation
All five Federal Communications Commission Commissioners will testify on “Keeping the New Broadband Spectrum Law on Track” on Wednesday, December 12, 2012 before the Communications and Technology Subcommittee of the House Energy & Commerce Committee. As they become available, further details will be posted here.
Congress gave the FCC authority to conduct incentive auctions…
The Federal Trade Commission Keeps a Watchful Eye on Internet Affiliate Marketers
The Federal Trade Commission (“FTC”) announced settlement yesterday with an online marketer accused of using fake news sites to entice customers to buy acai berry weight-loss products and colon cleansers. The settlement was the latest in a string of FTC actions aimed at Internet affiliate marketers using fake web sites to make weight-loss claims.…
A Mixed Decision for Fox in the Hopper Case
The California court that is hearing Fox’s challenge concerning DISH’s Hopper set-top-boxes and related AutoHop feature has issued a decision denying Fox’s request for a preliminary injunction. The Hopper can be used to automatically record primetime programming from the four major broadcast television networks, and the AutoHop feature allows viewers to automatically skip the commercials…
Government May be Immune to Suits Alleging Violations of FACTA
The U.S. Supreme Court ruled on Tuesday that the federal government does not always lose its sovereign immunity to damages lawsuits claiming that an agency violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing the expiration date of a credit card on a receipt issued to a consumer. In a unanimous decision,…
PBGC Changes Section 4062(e) Enforcement Policy, But Not Expansive Interpretation of Section 4062(e)
By Inside Jobs
The Pension Benefit Guaranty Corporation (“PBGC”) recently announced a change to its enforcement policy under ERISA § 4062(e) and issued answers to frequently asked questions on the subject. The new enforcement policy would impose § 4062(e) liability only on large employers who are not “financially sound.” As discussed below, however, the new policy does not provide…
Federal Communications Commission (FCC) to Issue Decision in Long-Running LPFM Proceeding
The Federal Communications Commission (FCC) has announced that at its upcoming open meeting, which will take place on November 30, it will issue an order in its proceeding on low power FM radio translators. You can see the agenda here. This is another step in a years-long proceeding to implement the Local Community Radio…
How Much Can a Former Candidate’s Campaign Committee Contribute to a Super PAC?
That is the question before the Federal Election Commission on Thursday at its next open meeting. In a draft Advisory Opinion posted Friday, the preliminary answer is that a former candidate’s campaign committee faces no limits on contributions to a Super PAC.
The question is posed by former candidate, Mike Haridopolos. He dropped out…