Court Definition State law 
Justia Legal Marketing & Technology blog
NOVEMBER 5, 2024
Even if a business labels a worker as an independent contractor, they still are considered an employee if they meet the definition of this term under state law. The employer must have workers’ compensation insurance, although almost all states require most employers to sign up for this coverage.
Eric Goldman
JULY 1, 2024
On appeal to the Supreme Court, the laws baffled the justices due to their sprawling nature, confusing provisions, and misguided policy assumptions. The Supreme Court unanimously agreed to send the cases back to the Fifth and Eleventh Circuits for more careful review of the plaintiffs’ facial challenges to the laws.
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Eric Goldman
AUGUST 22, 2023
district court granted summary judgment for the Copyright Office in Thaler v. The much harder question of “how much human input is necessary to qualify the user of an AI system as the ‘author’ of a generated work” was not before the court. As one example of this, the district court pointed to Urantia Found. Perlmutter , No.
Eric Goldman
JANUARY 12, 2024
It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. The district court said the “website” was the chattel. ” That’s true.
Discovery Advocate
JUNE 7, 2023
Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.
Discovery Advocate
JUNE 8, 2023
Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.
Attorney at Work
OCTOBER 20, 2021
Working from home was better than not working at all, but it was definitely frowned on. In small law firms, where lifestyle mattered somewhat more, there was pushback against remote teams, too. The de facto permission of their home state was all they could go on. The Office Doors Are Open.
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