7 Legal Updates to Read This Weekend
I spend my week reading analysis and commentary on JD Supra by some of the smartest lawyers at work today. Here are seven items that stood out in the mix, for a variety of reasons. For you, weekend reading:
It’s not the heat, it’s the humidity. The residents of the tiny town of Kivalina, Alaska (population 374) are experiencing the worst of global warming: the town is slowly being washed away by rising sea levels. They estimate the cost of relocating the village at $400 million. And they estimate that companies they believe responsible for climate change – Exxon, BP, AEP, Duke Energy, Chevron, and many others – should pay for the move. So far, the courts do not agree. (Kivalina: Suing for Climate Change Damages Just Got Harder)
Silence may be golden, but it doesn’t cost employers a dime. Not when they decide they want to ban political speech in the workplace anyway. The First Amendment to the Constitution only protects individuals against the government, so employers who want to keep tempers cool as the presidential election heats up are free to do so. (A Word on Political Speech in the Workplace)
Microbrews might make you smarter. OK, that’s a bit of a reach, but this update that lays out the steps microbreweries should follow when naming and branding their brews will teach anyone in any business the basics of trademark law. Whether you read it while enjoying your favorite quaff is your own business (but remember: it made Bud wiser…). (“Hey Barkeep, Pour Me A Pint of…”: Trademark Tips for Microbreweries)
There’s a lot of money in unclaimed property at insurance companies. And regulators are trying to get their hands on it. To do that, more and more states are hiring unclaimed property auditors Verus, Unclaimed Property Clearinghouse, and Kelmar. That’s a problem for most insurance companies, especially mid-sized ones, which have virtually no experience with audits of this type and can end up at a disadvantage because of it. (A Storm Cloud on the Horizon: Unclaimed Property Auditors Targeting Middle-Tier Insurance Companies)
If you can’t stand the heat, get off the construction site. This one needs no introduction: “The United States Court of Appeals for the Fifth Circuit held that it is not ‘the business of the federal courts generally to clean up the language and conduct of construction sites’ and held that an employer who exhibited lewd behavior that was sexual in nature was simply construction site vulgarity and trash talking in ‘an environment where these characteristics abound.’” Really. (Should Courts Use Varying Standards For Sexual Harassment Claims Based On Industry?)
On the internet, no one knows you’re a dog. Or a woman. Paula met Jesse online – and fell in love. But Jesse was really Janna, and when she revealed the truth, Paula slapped her with a fraudulent misrepresentation lawsuit. The case made its way to the Illinois Supreme Court, which ruled earlier this year that pretending to be someone else while engaging in an online relationship does not constitute fraud. (An Online Relationship Goes to the Supreme Court)
There may be a reason we don’t have a “bring your dog to work” day. Dogs in the workplace apparently can help reduce stress and give workers an opportunity to get up and move around during the work day. But there are a number of issues to consider – legal, health, liability, etc. – before opening the door to four-legged colleagues. (Dogs in the Workplace: What Every Business Owner Needs to Know)
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