Watch any televised sporting event, and at the end of the game the star player from the winning team will say she or he’s glad they won, but she and the team have to get better for the next game. Although it’s become a sports cliché, professionals in every walk… Continue Reading
The Ninth Circuit has ruled that copyright holders must consider fair use before demanding that their content be removed from services like YouTube.  The ruling is courtesy of an eight-year, and counting, legal battle over a mother’s home video of her baby dancing to Prince’s “Let’s Go Crazy”… Continue Reading
This portion of the post was originally published by the ABA Section of Litigation, LGBT Litigator Committee, News & Developments Website Although the litigation regarding Rowan County Kentucky clerk Kim Davis has generated substantial national media coverage, largely missing is a more detailed description of the legal proceedings, which we… Continue Reading
The seemingly endless pages of the Affordable Care Act contain a short but potent section in which Congress expressed a novel commitment to nondiscrimination in the provision of healthcare. Its scope has been left largely untested, until recently. Section 1557, codified at 42 U.S.C. 18116 and entitled “Nondiscrimination,” is… Continue Reading
Violent tragedies like the recent shooting in Virginia of a news crew by an embittered former employee are a good reminder of the value of employment practices and policies aimed at preventing violence in the workplace and litigation that can follow on the heels of such tragedies. Hawai`i is not… Continue Reading
As an employer, you may be on a collision course with the National Labor Relations Board (“NLRB”), if like most employers, you haven’t recently updated your employee handbook. Recently, the NLRB’s General Counsel, Richard F. Griffin, Jr., dropped a wide-reaching memorandum, which applies to all employers-regardless if their workforce is… Continue Reading
Updated July 1, 2015, originally posted on June 16, 2015 by Blake Oshiro Governor Ige signed House Bill 1090, HD2, SD2, CD1 into law as Act 158. The new law voids any “noncompete clause or a nonsolicit clause in any employment contract relating to an employee of a technology… Continue Reading
We have all been there. We arrive in court on a hearing and the court’s inclination is against us. Or an objection is made to the admissibility of an important item of evidence at trial and the objection is granted. How do we effectively handle such situations? While there are… Continue Reading
Last Friday, the United States Supreme Court, in Obergefell v. Hodges, affirmed that the Fourteenth Amendment of the Constitution requires states to apply their marriage laws equally to all couples, regardless if they are opposite-sex or same-sex. Writing for the Majority, Justice Anthony Kennedy stated, “Under the Constitution, same-sex… Continue Reading
A trick I learned in law school is that if you want to understand a statute, look to the introduction of a Supreme Court case interpreting it.  The SCOTUS decision today for King v. Burwell is a perfect example. The Court ruled that the ACA may provide nationwide tax… Continue Reading