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Sharing is Daring under Browning-Ferris

From franchisers and companies hiring workers through staffing agencies to participants in the so-called “sharing economy,” companies and individuals today enter into a variety of contractual arrangements to reduce costs and to maximize available capital, flexibility, talent and efficiency in delivering goods and services. The recent decision of the National Labor Relations Board (“NLRB” or ...
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New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or “shout-out”, which creates “organic” exposure for their brand. While social media has its own methods of operation, the ...
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Drafting Agreements to Avoid Picking the Wrong Arbitration Forum

Editor’s note: This article describes a hypothetical situation. Bob has studied the rules of various arbitration providers. He knows an effective advocate chooses the arbitration forum that offers the rules best suited for the particular controversy. So, for instance, “If you want depositions, why not pick an arbitration forum whose rules expressly allow depositions?” Always ...
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Employers Hit with Background Check Lawsuits

Employees and job applicants are filing class action lawsuits against employers alleging that they are using invalid forms to obtain consent for background checks as part of their hiring process. The lawsuits allege violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”), which provides for statutory damages of up to $1,000 for ...
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