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BakerHostetler was founded in 1916, when our three founding partners each deposited $500 into a firm account. Today, we have more than 900 partners and associates contributing to the success of our clients. The values they share are the same ideals on which our firm was founded: love and respect for the law, respect for each other, and the courage to make hard decisions on the basis of what they know to be right.

Blockchain Financial and Capital Markets Initiatives, U.S. Enforcement Across Agencies, Ethereum Vulnerability Paper Published

By Simone O. Otenaike, Robert A. Musiala, Joanna F. Wasick & Diana Stern on August 23, 2019

In this issue: • Blockchain Capital Markets Platforms Achieve and File for Regulatory Approvals • New Initiatives by Cryptocurrency Exchanges, Payment Platforms and Financial Institutions • U.S. Enforcement Actions Continue from OFAC, SEC, DoJ and IRS • Study of Ethereum Vulnerabilities and Defenses Released, While Dusting and Mining Malware Attacks and Cryptojacking Continue Blockchain Capital Markets Platforms Achieve and File for Regulatory Approvals By: Simone O. Otenaike The Intercontinental Exchange recently received approval from the…

Employment Class Action Blog

Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration

By Greg Mersol on August 23, 2019

But Do You Really Want To In All Cases? The Employee Retirement Income Security Act of 1974 (“ERISA”) was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then. In the 44 years that have followed its effective date, so too have grown the number of opinions, and changes in direction, among the courts. There is little question that ERISA functions unlike many other statutes.…

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 22, 2019

Protection From Additional Liabilities Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious, contributory or induced infringement. Secondary liabilities are sought when the user who posted the infringing materials is not available or cannot be found. To find a company vicariously liable, the copyright holder must prove 1) the defendant directly benefited financially from…

Employment Class Action Blog

Tennessee District Court Refuses Conditional Certification of Class of Assistant Managers

By Greg Mersol on August 21, 2019

In collective actions under the FLSA, courts typically apply a lower standard to the first “conditional certification” stage. In some cases, that might be warranted, but in many instances courts will undertake an unduly lenient review and conditionally certify cases that have no business proceeding as a class and have no realistic prospect of surviving as a class at the higher second stage. These rulings likely run afoul of the admonition of the Federal Rules…

Employment Law Spotlight

New Job Protections for Medical Marijuana Users in New Jersey

By Marc-Joseph Gansah on August 20, 2019

Last month, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the Act), amending the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA). The Act expands job protections for employees and applicants who use medical marijuana. With this new law, New Jersey joins a growing list of states (including Massachusetts and New York) offering employment protections for authorized users of medical marijuana. The NJCUMMA had expressly excluded…

Employment Class Action Blog

Ohio Supreme Court Addresses Waiver of the Right to Arbitrate in the Putative Class Action Context

By John Lewis on August 19, 2019

In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right to arbitrate in the class action context where only unnamed putative class members but not the single named plaintiff had agreed to arbitration. The court ultimately concluded that the employer did not waive the right to raise the “arbitration defense,” and that not raising arbitration in the answer…

The Blockchain Monitor

ICO Enforcement Actions, Applications for Wine and Web Browsers, AML Analyses

By Robert A. Musiala & Simone O. Otenaike on August 16, 2019

In this issue: • Multiple ICO Enforcement Actions by SEC and State Regulators • Blockchain Applications for Enterprise Networks, Wine, Web Browsers and Drones • Blockchain Analytics Firms Publish Reports, Details Emerge on North Korea Investigation Multiple ICO Enforcement Actions by SEC and State Regulators By: Robert A. Musiala Jr. This week the U.S. Securities and Exchange Commission (SEC) announced that it has settled charges against SimplyVital Health Inc. related to an initial coin offering…

Employment Law Spotlight

New Jersey and Illinois Join the Salary History Ban Train

By Marc-Joseph Gansah on August 15, 2019

On July 25, 2019, Acting Gov. Sheila Oliver signed NJ A1094 (“the Law”) banning salary history requests in New Jersey. The Law will take effect on Jan. 1, 2020. The Law makes it unlawful for an employer to (1) screen a job applicant based on the applicant’s salary history, (2) require that the applicant’s salary history satisfy any minimum or maximum criteria or (3) use an applicant’s refusal to volunteer compensation information as…

Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 15, 2019

Compliance With Notice and Takedown Provisions of the DMCA In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or contain links to copyrighted material on their platforms, respectively. If these particular OSPs comply with the notice and takedown provisions, then copyright holders’ claims will likely fail. The provisions include 1) not benefiting financially from the alleged infringement, 2) not…

Employment Law Spotlight

UPDATE: New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

By Amanda Van Hoose Garofalo on August 14, 2019

As we reported in our blog post, and our summer newsletter, in late June, the New York Legislature passed a bill that vastly changed the discrimination and harassment landscape for employers. Today, Gov. Cuomo signed that bill into law. As a result, employers likely now need to change their New York state-required anti-harassment policies and training. Specifically, policies and training should be reviewed to ensure that any reference to the severe and pervasive standard be…

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Blockchain Financial and Capital Markets Initiatives, U.S. Enforcement Across Agencies, Ethereum Vulnerability Paper Published

Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Tennessee District Court Refuses Conditional Certification of Class of Assistant Managers

New Job Protections for Medical Marijuana Users in New Jersey

Ohio Supreme Court Addresses Waiver of the Right to Arbitrate in the Putative Class Action Context

ICO Enforcement Actions, Applications for Wine and Web Browsers, AML Analyses

New Jersey and Illinois Join the Salary History Ban Train

Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

UPDATE: New York State Expected to Vastly Overhaul Harassment/Discrimination Laws Again

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