 | Open For Business Newsletter |  | | March 22, 2011 FindLaw.com Open For Business Newsletter |
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HIGH PROFILE CASES: WISCONSIN JUDGE MARYANN SUMI BLOCKS GOV. WALKER'S ANTI-UNION LAW
(FindLaw's Decided) - Judge Maryann Sumi issued a temporary restraining order today, blocking the Wisconsin anti-union law from coming into effect. The lawsuit, which comes on the heels of massive pro-labor protests and fleeing legislators, alleges that Republicans passed the Wisconsin anti-union law in violation of the state's open meeting laws. It is the importance of these laws that underlies Judge Sumi's decision. As has been widely reported, state Democrats left Wisconsin to prevent Republicans from reaching the quorum required to pass economic bills.
| TWITTER SETTLEMENT: SITE PROMISES TO INCREASE SECURITY
(FindLaw's Decided) - You'll never meet a Twitter user who doesn't simultaneously curse and chuckle when greeted with the iconic Fail Whale. But you'll also never meet a user who doesn't use the microblogging site to criticize Twitter itself. What does this mean? Tweeters can handle a little downtime, but when Twitter security is breached multiple times, as it was at the beginning of 2009, users are visibly up in arms. Or tweets. Hopefully such breaches will be a thing of the past--the Federal Trade Commission has announced that it has finalized a Twitter settlement stemming from those incidents.
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NEWS: DO FEDERAL COURTS FAVOR BIG BUSINESS, CORPORATIONS?
(FindLaw's In House) - It's a touchy subject, but one worth broaching: Do business interests carry too much sway over federal judges? A recent panel discussion at New York University School of Law shed some light on this issue, and it seems that at least the Supreme Court appears to lean in favor of big business interests.
| WILL STARTUP VISA BOOST US ENTREPRENEURSHIP?
(FindLaw's Free Enterprise) - The immigration debate continues: Senators Kerry and Lugar have reintroduced a startup visa bill into Congress. The bill, which has been modified since it first burst onto the scene last year, is designed to encourage partnerships between U.S. investors and immigrants in a way that benefits the national economy. The Senators hope that the Startup Visa Act will attract innovation and innovators to the country, creating jobs and propelling the United States back to the top in the realm of technological development. Will the startup visa bill have the desired effect?
| CAN I BE SUED FOR TIP JARS AT MY BUSINESS?
(FindLaw's Free Enterprise) - A Missouri Starbucks was sued over tip jars and has some business owners asking: Can my business be sued over having a tip jar on the counter? The short answer to the question of business liability may be rather disconcerting: yes. However, not to fret. You could also be sued for wearing an orange shirt, being an agent of Satan or any host of ridiculous reasons. The question isn't whether you can be sued for something, it's whether the opposing party is likely to prevail in such a suit.
| NCAA BASKETBALL OFFICE POOLS: ARE THEY LEGAL?
(FindLaw's Free Enterprise) - March Madness is here and ready to distract your employees. They will be filling out brackets this week, crumpling them up, picking No. 5 seeds for upsets. And they'll be gambling the whole time, too. You may have let it slide during the Super Bowl, but with office pools cropping up everywhere, you're probably wondering whether you have a legal obligation to shut them down. It depends. Though federal law frowns upon the practice, state law varies as to whether office pools constitute illegal gambling. Local law probably has something to say about it, too.
| RECENT CASE SUMMARIES: ANIMA S.G.R.P.A. V. GOZANI, 10-1048
(U.S. 1st Cir.) - In an action alleging securities fraud under sections 10(b)(5) and 20(a) of the Securities Exchange Act, Rule 12(b)(6) dismissal by district court is affirmed where district court correctly analyzed the allegations of the complaint and correctly concluded that, in light of the applicable legal standards, the complaint contained no actionable misstatements.
| FIRSTBANK PUERTO RICO, INC. V. LA VIDA MERGER SUB, INC., 10-1585
(US 1st Cir.) - In a securities action alleging Section 10(b) and Rule 10(b)(5) violations two years after alleged violations occurred, dismissal by district court is affirmed because federal claims are time-barred under Sarbanes-Oxley, 28 U.S.C. section 1658(b)(1).
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