1. JD Supra Morning Brief: Crowdfunding Tips, Tennessee Guns, Madoff Victims, Blogger Rights

    It’s Tuesday, and the long weekend’s over… Good thing you’ve got the JD Supra Morning Brief (and coffee…). 

    What startup entrepreneurs need to know about crowdfunding before they raise money… (Benjamin Hron, David Lavan, Richard Lyons, and Mary Newman at JD Supra Perspectives

    Just one month after his “I have a dream” speech, Martin Luther King sued two record companies selling unauthorized recordings for copyright infringement… (David Kluft at Foley Hoag

    A official legal opinion on the state’s ‘guns in parking lots’ law places Tennessee employers in the crossfire… (Justin Furrow and J. Bartlett Quinn at Chambliss

    You’ve got less than six weeks to make a claim to the Madoff Victim Fund… (Stephen Quinlivan at Stinson Leonard Street

    Got Bitcoin? Need a Sacramento Kings jersey? You’re in luck… (James Gatto and Amy Pierce at Pillsbury

    Bloggers are entitled to same First Amendment protections as traditional journalists… (Jeff Lewis at Broedlow Lewis

    Five ways the FCC could respond to invalidation of its ‘net neutrality’ rules… (JD Supra Perspectives

    Adios, amigos? Congress may exempt “Three Amigos” antelopes from the Endangered Species Act… (Kelly Percival at Nossaman

    Don’t get left out in the cold: make sure your Polar Vortex business interruption insurance claims are on target… (Reed Smith

    Early estimates put damages from the Freedom Industries chemical spill at half a billion dollars… (T. David Higgins at Cozen O’Connor

    Corruption, bribery, fraud, and more: our new mobile magazine will help you navigate the world of compliance and regulation: Compliance Officer… 


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    [Image credit: Flickr user iwasaround]

  2. JD Supra Morning Brief: Fracking Ban, Paula Deen, First Amendment, Ghostman Movies

    On this day in 1872, P. B. S. Pinchback becomes governor of Louisiana, the first serving African-American governor of a U.S. state. 

    Delaware’s pretty much got the market cornered on significant Chapter 11 reorganizations… (Bloomberg Law

    “I’ll see your fracking ban, and raise you one lawsuit…” (Paul Enockson at BakerHostetler

    Here’s a Paula Deen-inspired recipe that every employer and HR manager will enjoy… (Craig Cowart at Fisher & Phillips

    Does the First Amendment protect social media posts of government employees? (Morrison & Foerster

    Wait – there are TWO “Ghostman” movies in the works? (Loeb & Loeb)

    Yes, B-Y-O-D is here to S-T-A-Y… (Ellen Pyle at McDermott Will & Emery

    Considering China? Here’s your guide to doing business in the country… (Jun Dai, Yao Rao, and Dennis Unkovic at MERITAS

    Consumers aren’t the only ones harmed when counterfeiters masquerade as legitimate retailer websites… (Melissa Alcantara at Dickinson Wright

    Don’t know if that news article you’re reading is sponsored content? The FTC’s got your back… (David Deitch at Jeff Ifrah

    The Innovation Act, passed in the House of Representatives late last week, contains more than 50 pages of patent reforms… (Jeff Becker at Baker Botts



  3. Native Advertising Can Thank 40 Years of Supreme Court Rulings for Free Speech Protection

    “[B]oth the Associated Press and the New York Times have recently announced plans to incorporate native advertising into their editorial news streams.” (Mark Sableman at Thompson Coburn

    As the line between advertising and journalism continues to blur – even at old-school news organizations like the Associated Press and the New York Times – here’s a timely look back at how advertisements earned free speech protections under the First Amendment of the US Constitution.

    Attorneys Michael Nepple and Mark Sableman at Thompson Coburn have put together a Supreme Court lawsuit-by-lawsuit history of the “constitutional commercial speech doctrine” that protects advertisements. Some interesting takeaways, particularly in the context of native advertising:

    • In 1976, for the first time, the Court found advertising to be “central to ‘preserve a predominantly free enterprise economy,’ because it helps allocate resources through intelligent and informed private economic decisions.”
    • In the same decision, the Court “demonstrated disdain towards paternalistic state regulations, explaining that states must trust consumers to evaluate and use the information provided to them, as long as it was truthful and non-misleading.”
    • Since that time, the Court has shown a willingness to let governments regulate commercial speech, but only when they can prove that doing so will limit actual harm to consumers.
    • Today’s ‘pro-business Court vigorously embraces the doctrine … that ‘commercial speech is central to our “predominantly free enterprise economy.’”

    Read the full update, then go deeper on the topic of native advertisements below:

    [Link: Advertising Law: It’s not your father’s first amendment




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  4. JD Supra Morning Brief: Chinese Startups, Patentable Inventions, Offshore Accounts, Exploding Toilets


    Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal…
    —- Abraham Lincoln’s Gettysburg Address

    150 years ago today, President Abraham Lincoln delivered what has been called one of the greatest speeches in American history at the dedication of the Soldiers’ National Cemetery in Gettysburg, Pennsylvania.

    Go West, young Chinese startups looking for investors… (Thomas Shoesmith at Pillsbury

    Nice invention – but can you patent it? (Tam Pham at Lewis Roca Rothgerber

    No, child protective services workers can’t claim First Amendment protection for derogatory Facebook comments about people on public assistance… (Richard Raysman at Holland & Knight

    Is it time to come clean about your offshore account? (Is That Legal?

    C’mon Judge White – tell us what you really think of the attorney fees in this lawsuit… (BakerHostetler

    “Why no, I can’t think of any reason we wouldn’t want to open a joint bank account – can you?” (Dana Perry at Chambliss, Bahner & Stophel

    Workplace contests need rules, too… (Dale Joerling at Thompson Coburn

    It’s called the Payroll Fraud Prevention Act, and it’s yet another effort to introduce federal legislation to limit misclassification of independent contractors… (Lisa Petkun, Richard Reibstein, and Andrew Rudolph at Pepper Hamilton

    This exploding toilet case is an excellent example of premises liability… (Dana Brooks at Eubanks Barrett Fasig & Brooks


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  5. JD Supra Morning Brief: Fracking Contamination, Head Injuries, Crop Insurance, Defense Contractors

    Talk about employer retaliation: on October 24, 1947, Walt Disney – yeah, THAT Walt Disney – testified before the House Un-American Activities Committee, naming employees he believed to be communists.

    How do you get from Brown to the Museum of Food and Drink? Via Cameroon and law school, of course… (Bloomberg Law

    The Ohio Department of Natural Resources investigated 183 water-well complaints and found no contamination from fracking… (Anne Foster at BakerHostetler

    Will Florida’s new anti-concussion law end head injuries on the playing field? (Marcus Viles at Viles & Beckman

    How does crop insurance protect farmers? (Brion Doyle at Varnum

    Whistleblowing employees of defense contractors and subcontractors are now protected by federal laws… (Steve Kardell at Whistleblower Law for Managers

    Tough luck, Ashy Storm-Petrel – you’re on your own… (David Miller at Nossaman

    Do business in Latin America? You may be paying too much in taxes… (Nadia Kruler and Jeffrey Rubinger at Bilzin Sumberg

    What’s not to like about protected speech? It may depend on whom you ask… (Michael Schmidt  at Cozen O’Connor

    Will California be the next battleground over gun rights and public safety? (Thomas Dunn

    Lady Gaga may live for the applause – but her assistant works for the overtime… (Carl Crosby Lehmann at Gray Plant Mooty


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  6. JD Supra Morning Brief: Legal Ethics, Internet Eraser, Silver Market, Flying Cars

    The perfect end to a perfect week: a double espresso, a blueberry scone, and a healthy serving of law news: the JD Supra Morning Brief.

    Is Technology Outpacing Legal Ethics Rules? (Bloomberg Law

    California just gave kids a giant eraser to clean up questionable Internet postings… (Foley & Lardner

    Another 7,000 hours of work down the drain… (Shipkevich

    Like it or not, employers cannot fire workers for their Facebook “likes”… (XpertHR

    Want to invest in a flying car? (Leonard, Street and Deinard

    Maybe the NFL is trying to go wholesome… (Winthrop & Weinstine)

    Starting a business in the US? You may be eligible for a Green Card… (Is That Legal?)

    The Department of Education just outlawed tuition discounts for students who pay cash and those who pay before class starts… (DLA Piper

    Homeland Security has decided to go easy on children who falsely claim to be US citizens… (Fowler White Boggs

    Two words: Poultrygeist Suit… (Armstrong Teasdale


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  7. JD Supra Morning Brief: Dirty Hotels, Fantasy Sports, Swiss Francs, Patent Trolls

    Good news: it’s Friday! Law news: it’s the JD Supra Morning Brief!

    Sex sells, sure, but not always enough to keep the company from declaring bankruptcy… (Bloomberg Law

    Online review sites – and consumers – just scored a major victory… (Davis Wright Tremaine

    Betting on fantasy sports leagues? The odds might not be in your favor… (Dinsmore

    The gig is up – it’s time to transfer those francs out of Switzerland… (Fuerst Ittleman

    Lawmakers are determined to come up with a solution to the “patent troll” problem… (MBHB

    The EB-5 visa requires you to invest between $500,000 and $1,000,000 in the US. Here’s what you can spend it on… (Scott Legal Services

    Is telecommuting a win-win situation for employers and employees alike? (Winthrop & Weinstine

    California is on course to raise its minimum wage to $10 by 2018… (XpertHR

    On the eve of crowdfunding, the federal government wants you to know which questions to ask before making an investment… (Morrison & Foerster

    The Department of Labor just extended minimum wage and overtime pay protections to home care workers… (Akerman


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  8. JD Supra Weekend Brief: Labor Day, Cyber Insurance, Lawrence Lessig, Foie Gras

    Things we don’t like: the end of summer. Things we do like: three-day weekends. Things we’re just crazy about and know you will be too: the JD Supra Weekend Reader.

    Where do a French company and a US company go to consummate their merger? Why, to the Netherlands, of course… (Bloomberg Law

    Happy Labor Day! Here’s a look at the history of the holiday… (Ogletree Deakins

    One thing you should definitely keep: this update on document retention policies… (Bradley Arant Boult Cummings

    Touched by an angel? Make sure you give them regular updates… (Foley & Lardner

    It may be time to add a cyber insurance policy… (Winthrop & Weinstine

    Australian record label Liberation Music picked the wrong person with whom to start a “fair use” fight… (Foley Hoag

    They may not be royalty, but these two financiers hope to make a big impact in the life sciences world… (MoFo Tech

    Thinking of renouncing your US citizenship to save money on taxes? You might want to recalculate… (K&L Gates

    Can schools prohibit “I ♥ boobies” bracelets without violating the First Amendment rights of students? (Franczek Radelet

    Does force-feeding cage-free ducks produce a more “humane choice” of foie gras? (Lane Powell

    Privacy is thing of the past… (McManis Faulkner

    Bangladesh is moving toward international labor standards for its workers. Just not quickly enough… (Fisher & Phillips

    Tell the truth, don’t be sneaky, and other rules of the road for online advertising… (BakerHostetler

    As it turns out, the bouncers at Coyote Ugly Saloons are part of the show, too… (Ogletree Deakins

    Every employee handbook should contain these ten policies… (Genova Burns Giantomasi & Webster

    “Shake on it?” “Um, I’d rather sign a contract…” (Davis Brown

    Can a white employee bring a racial discrimination claim against her racist boss? (Franczek Radelet

    Are whistleblowers unwelcome at the White House? (Clouse Dunn

    What makes a marijuana crime a federal offense? (Raiser & Kenniff

    Federal laws now require telemarketers to get written consent before calling you. What’s more: you can revoke that permission at any time… (Ballard Spahr

    Guess this patent troll sued one company too many… (Davis Wright Tremaine

    Sure you’re good, but are you good enough for an O-1A? (Fisher & Phillips

    The jury’s still out on whether the government can track your cell phone without a warrant… (Jeff Ifrah

    Think that email’s not a contract? Think again… (Tacopina Seigel & Turano



  9. JD Supra Morning Brief: Data Privacy, Lawrence Lessig, Royalty Bonds, Foie Gras

    For some, it’s only Thursday. For others, it’s already Thursday. But for all of you, it’s the JD Supra Morning Brief, and that makes any day a little bit brighter… 

    Data security and privacy are THE issues of the 21St Century… (LEVICK

    Australian record label Liberation Music picked the wrong person with whom to start a “fair use” fight… (Foley Hoag

    They may not be royalty, but these two financiers hope to make a big impact in the life sciences world… (MoFo Tech

    A federal judge just gave the green light to the government’s lawsuit accusing Bank of America of fraud… (Bilzin Sumberg

    Thinking of renouncing your US citizenship to save money on taxes? You might want to recalculate… (K&L Gates

    President Obama’s proposal for higher education reform is based on access, affordability, and outcomes… (DLA Piper

    Can schools prohibit “I ♥ boobies” bracelets without violating the First Amendment rights of students? (Franczek Radelet

    You might want to check the expiration date on your permanent resident card… (Fowler White Boggs

    In a couple of years, we’ll probably be talking about how to pay college athletes, not whether or not they should be compensated… (Winthrop & Weinstine

    Does force-feeding cage-free ducks produce a more “humane choice” of foie gras? (Lane Powell



  10. JD Supra Morning Brief: Detroit’s Bankruptcy, Reverse Mortgage, Securities Fraud, Gossip Website

    On July 25, 1965, Bob Dylan went electric. And he’s still going strong, nearly 50 years later… 

    Detroit’s bankruptcy is back on – and it’s going to be a long one… (Bloomberg Law

    Here’s more on the Detroit Chapter 9 filing… (JD Supra Contributors

    What are “Billy Windsor’s” paternity leave rights under the FMLA? (Franczek Radelet

    A reverse mortgage? What could possibly go wrong? (Harold Shepley and Associates

    The feds just charged the former CEO and CFO of ArthroCare over an alleged $400 million scheme to defraud investors… (Mintz Levin

    SBICs make long-term investments in American small businesses with help from Uncle Sam. Here’s how they do it… (Pepper Hamilton

    Do Not Track is dead. Long live Do Not Track! Provided, of course, Congress and the FTC pick up the slack… (Perkins Coie

    Isn’t it ironic that gossip website TheDirty.com sought protection from a defamation lawsuit under the Communications Decency Act? (Morrison Foerster - Social Media

    If at first you don’t succeed, try, try again – and again and again, if you’re fighting television retransmitter Aereo… (DLA Piper

    What do you need to know about electronic Protected Health Information under HIPAA? Plenty… (Pessin Katz

    If you’re thinking “privacy, schmivacy – it’s only a mobile app,” you’d be wrong… (Winthrop & Weinstine


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