Monthly Archives: August 2022

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

Legend has it that shortly after Adam was created, he complained: ‘O, Lord! you have given the lion fierce teeth and claws, and the elephant formidable tusks; you have given the deer swiftness of legs, and the turtle a protective shell; you have given the birds of flight wings, but you have left me altogether defenseless.’  And the Lord said unto Adam:  ‘I shall give you an invisible weapon that will serve you and your children better than any weapons of fight or flight, a power that will save you even from yourself.  I shall give you the sense of humor.'”

[G. Swaminath, “Jokes a Part:  In Defense of Humor,” 48 Indian J Psychiatry 177–180 (2006)]

I thought of that story, and the unique power humor has, literally and legally, to disarm many who might otherwise complain over any number of legal issues and perceived slights. For even though, as one writer noted, some “legal textbook[s like] Gatley on Libel and Slander [are ones where] neither ‘joke’ nor ‘humour’ makes the index” because “[w]ords are defamatory, or they are not” and “intention is irrelevant,” humor remains at the forefront of any codex of responses available to claim of infringement or defamation.  While intent may be irrelevant, meaning, understanding, impact, and setting are not.  We were reminded of this just recently in the case of Roy Moore v. Sasha Baron Cohen, where the United States Court of Appeals for the Second Circuit affirmed dismissal of a defamation action arising out of a mock comedic interview. Mo[ø]re on that case later (pun perhaps intended).

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ILN Today Post

Newsletter – July 2022

I. EDITORIAL – REGULATION OF THE EXTRAORDINARY UPDATE OF PENSIONS PROVIDED FOR IN THE STATE BUDGET LAW

In terms of legislation, the month of July was characterised by the publication of the Regulatory Decree no. 2/2022, of 7 July, which has regulated the extraordinary update of pensions provided for in the State Budget Law for 2022.  Read more…

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Time Is Money: A Quick Wage-Hour Tip on … Avoiding Common California Wage and Hour Mistakes and “Going the Distance”

Employers based outside of California can suffer knockout blows if they enter the ring as employers in California and operate under the mistaken assumption that adherence to the Fair Labor Standards Act (“FLSA”) is the same as complying with the California Labor Code and Wage Orders.  Below are the main ways (but certainly not the only ways) employers are “caught cold” because they do not receive or apply California wage-and-hour training and learn the hard way that the plaintiffs’ bar will not pull any punches.

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Podcast: Spilling Secrets: Restrictive Covenants in the Remote Work Boom – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

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Spilling Secrets Podcast: Restrictive Covenants in the Remote Work Boom

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees, in virtually all industries. How do restrictive covenants work in this remote work era? In this Spilling Secrets episode, hear how employers are addressing restrictive covenant concerns now that employees may be located anywhere.

Our all-star panel of attorneys – Pete SteinmeyerKate RigbyMillie Warner, and Erik Weibust – discuss more.

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Four Key Questions to Ask About Your Competitors

We all know the adorable adage about lawyers that they don’t want to be first, but they want to be first to be second.

Having worked in legal for almost 18 years, I’ve seen this proven to be true over and over again. And as a result, it means that we can learn a lot from what our competitors are doing. It doesn’t mean that we copy them, by any means, but it does mean that when we ask ourselves some challenging questions in the context of our own firm or business activities, we can improve our own goals and focus.

I’ve found there are four key questions that we can ask about our competitors that help us identify what we could be strengthening in our own firms and businesses, and when we review these regularly, we can stay ahead of the marketplace. As a note, when you’re reviewing your competitors, you want to limit this to 3-5 of them, since these are in-depth tactics.

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ILN Today Post

Llinks Legal Alert – Labor & Employment Law (Aug. 2022)

Welcome to read: “Llinks Legal Alert – Labor & Employment Law (Aug. 2022)”.

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.  Read more…

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Fourth Circuit Holds the Americans with Disabilities Act Covers Gender Dysphoria

On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”).  This is the first federal appellate decision which extends the ADA’s protections to transgender people experiencing gender dysphoria and it will have a significant impact on all entities covered by the ADA, including employers (covered by Title I of the ADA), and public accommodations (covered by Title III of the ADA). Prior to this holding, several of the district courts have come down both ways on the issue.

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Temporary Suspension of the Obligation for Corporations to Provide French Translation of English Court Proceedings

In Mitchell c. Procureur général du Québec, 2022 QCCS 2983, Madam Justice Chantal Corriveau of the Superior Court has just suspended the coming into force of sections 9 and 208.6 of the Charter of the French Language as amended by An Act respecting French, the official and common language of Québec, better known as Bill 96.

These sections, which were to come into force on September 1st of this year, required that legal persons such as corporations who file written pleadings in English attach a French translation certified by a certified translator. Failure to do so would result in the filing being refused.

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A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy.

Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In the main claim, Bridor alleged that Mikado had committed three faults in its management of the construction, one of which consisted of damages caused to architectural panels that made up the outside walls of the expansion. The project and the parties were insured under two policies issued by Starr Insurance & Reinsurance Limited [Starr]: a Wrap-Up liability insurance policy and a Builder’s Risk insurance policy.

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