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Top Posts of 2015

In descending order, here were the top posts from 2015.
#7 Will Net Neutrality Kill the Internet 3.0?
In February, the FCC passed the net neutrality rules. This seems like one of those issues, like most, that seemed to be of epic importance at the time but resulted in much ado about nothing. That may be a result … Continue Reading

Mizzou: A Personal Note on Racism, Firings and a Free Press

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this point until the football team got involved.
On many levels, I am trying my … Continue Reading

Title III Crowdfunding is Coming – Is It Right For You?

On Friday, the SEC approved equity crowdfunding for non-accredited investors in a 3-1 vote. This is the true equity crowdfunding from the JOBS Act of 2012 known as Title III. Given it has been more than three years to get the final rules approved, I wasn’t sure this would ever happen.
The new rules go into … Continue Reading

Why You Care The E.U. Struck Down Safe Harbor Data Protection And What to Do About it [Updated]

Earlier this month the Court of Justice of the European Union struck down the EU-U.S. Safe Harbor Framework which previously provided U.S. companies comfort in that they could follow the framework and know they were not violating the more strenuous E.U. personal data privacy laws. The scrapping of the Safe Harbor is a result of recent … Continue Reading

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

Go to Part 4 – A decision in Schlumberger
Go to Part 3 – The Schlumberger case and employment disputes
Go to Part 2 – In Practice
Go to Part 1 – The basics of the Texas Anti-SLAPP law
To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. … Continue Reading

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

Go to Part 2 – In Practice
Go to Part 1 – The basics of the Texas Anti-SLAPP law
In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of Appeals (case number 01-14-00776-CV).
Schlumberger sued Rutherford, its former … Continue Reading

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

Part 1 – The Basics of the TCPA and how it works
The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.).
“If a legal action is based on, relates to, or is in response to a party’s exercise of … Continue Reading

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence which is apparently working.
Quick aside:  click here to see highlights of last night’s win and the emergence of some of … Continue Reading

To Fire or Not to Fire for Employee’s Social Media Posts

After watching the firing of the digital communications manager for the Houston Rockets during their run through the playoffs (read the story here in the Houston Chronicle).  I figured it would be a good time to revisit the issue of firing people for their conduct on social media as previously discussed here in 2012.
Firing the Person … Continue Reading

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the Miami – Duke game that snapped Duke’s incredible 41-home-game winning streak.  You can read about it … Continue Reading