Author: JHTL

Mandatory COVID-19 Vaccination: Can Employers Force Employees to Get Vaccinated

With the first mandatory COVID-19 vaccination case being filed on March 2, 2021, courts will have to decide if employers can legally require employees to get vaccinated. Since most employees are “at will” employees, employers can fire employees who refuse to receive the COVID vaccine, as long as the person is not refusing vaccination for disability or religious reasons. While there is a strong argument for creating herd immunity, the COVID vaccines are still not licensed and only being used under emergency use authorization, possibly making the mandate premature. … Read More Mandatory COVID-19 Vaccination: Can Employers Force Employees to Get Vaccinated

JHTL

Non-Fungible Tokens: The Million Dollar Digital Assets

NFTs are unique blockchain-based tokens and provide a way for the digital transfer of assets. While digital art and whatnot can be easily screenshotted or photographed, only the purchaser of the NFT has the original due to the uniqueness of the transfer. Digital art is a common NFT, but currently Twitter CEO Jack Dorsey is selling the first tweet ever as an NFT, and the current bid is $2.5 million. I will discuss different examples of NFTs and the legal ramifications of these transfers, specifically the rights owners have when they buy the tokens. … Read More Non-Fungible Tokens: The Million Dollar Digital Assets

JHTL

Day in The Life of a Social Media Influencer

“Influencers” existed long before the term was even coined, but there has been a strong mystery surrounding them for years. Many individuals ask, what do they do all day? How do you become one? Is it as glamorous as it seems? There are many hypothetical answers, and misconceptions but there are real answers to them. Being an influencer is becoming a huge trend, but this industry comes with a lot of baggage.… Read More Day in The Life of a Social Media Influencer

JHTL

Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

This blog discusses the important decision Biden has to make in whether to overturn the recent ITC decision banning SK Innovation Co. imports of electric-vehicle batteries. SK Innovation Co. is one of the largest importers of batteries in the U.S. and will play a significant role in Biden’s zero emission plans in constructing vehicles that are solely electrical ran. SK had misappropriated LG Energy’s trade secrets and should be sanctioned, but should it come at the cost of sacrificing Biden’s climate control policy?… Read More Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

JHTL

The Fair and the Furious: Gig Workers Continue the Fight Against California’s Prop. 22

In November 2020, California voters passed ballot initiative Proposition 22 which helped to confirm the status of gig workers as independent contractors. While online platforms highlight that Proposition 22 confers some benefits such as a minimum wage and potential for healthcare benefits, some labor advocates argue that it removes necessary protections and benefits like paid sick and family leave, among others. The status of Proposition 22 remains up in the air due to a recent legal challenge which alleges that Proposition 22 is unconstitutional. The outcome of the suit has major implications for gig workers across the country and abroad.… Read More The Fair and the Furious: Gig Workers Continue the Fight Against California’s Prop. 22

JHTL

Workplace Monitoring

Monitoring technologies are being used more frequently within the workplace with some of them including: video surveillance, telephone monitoring, e-mail, computer keystroke tracking, etc. These systems can be set up secretly and invisibly, furthermore employers are not required by law to disclose to their employees that such monitoring is being conducted. In the many lawsuits against employers for workplace monitoring, employers have been successful in justifying their uses for monitoring, therefore showing a need for a better balance between monitoring and freedom in the workplace.… Read More Workplace Monitoring

JHTL

Download, if You Dare: Considering the Long-Term Influence of Apple’s Privacy Labels on US Data Regulation

Apple has begun to implement data privacy “nutrition labels” on their App Store, displaying the type of data collected on each app’s product page for users to view. Although the legality of such labels is not in dispute, its implementation signals an ongoing step in Apple’s commitment to data privacy protection; potentially foreshadowing an industry-wide shift in privacy protection from legislative to market-based solutions. However, this method of privacy labeling may also come with heightened legal liability for Apple, necessitating the company’s dedication to transparency and truthfulness. If successfully implemented, and trusted by consumers, privacy labelling may become a staple in modern technology, a shift that could eventually be required by law or regulated by a governmental agency. … Read More Download, if You Dare: Considering the Long-Term Influence of Apple’s Privacy Labels on US Data Regulation

JHTL

New Police Tactic “Weaponizing” Copyright Raises First Amendment Violation Concerns

In Beverly Hills, CA police officers have been recorded on several instances playing copyrighted music by popular bands such as the Beatles and Sublime. The officers knew that the person recording them was livestreaming and played the copyrighted music in hopes that the automated copyright filters on the streaming platform would shut down the stream and prevent the cameraman from posting the recording online. The police’s conduct raises concerns over citizens 1st Amendment right to film police officers and could result in a lengthy legal battle and Supreme Court decision if the practice of playing copyrighted music isn’t stopped.… Read More New Police Tactic “Weaponizing” Copyright Raises First Amendment Violation Concerns

JHTL

The COVID-19 Pandemic Made It Easier to See Your Doctor From Your Living Room: What Does That Mean for the Future of Healthcare?

The COVID-19 pandemic and the subsequent stay-at-home orders accelerated the expansion and adoption of telehealth and telemedicine services. The shift to virtual health care has provided many advantages, such as enhanced convenience for patients as well as greater access to health care services. However, despite the many benefits, legal experts caution that as remote health care services increase, the profession must consider the legal and compliance issues related to administering virtual care. These considerations include defining telehealth and telemedicine, securing appropriate licenses, broadening insurance coverage, and addressing privacy concerns. … Read More The COVID-19 Pandemic Made It Easier to See Your Doctor From Your Living Room: What Does That Mean for the Future of Healthcare?

JHTL

Democratize Finance For All?: Robinhood Prohibiting Stock Purchases of GameStop Raises Concerns of Market Manipulation and Harm to the Financial Wellbeing of its Users

This blog discusses how Reddit users worked together to increase shares of GameStop which Wall Street hedge funds had anticipated to drop in price. Hedge funds proceeded to allege that the Reddit users were taking part in illegal market manipulation. In lieu of the controversy, Robinhood, an investing app geared towards inexperienced investors, prohibited its users from purchasing GameStop stocks. … Read More Democratize Finance For All?: Robinhood Prohibiting Stock Purchases of GameStop Raises Concerns of Market Manipulation and Harm to the Financial Wellbeing of its Users

JHTL

Chappelle Gets His Show Back

This blog discusses the recent protest by comedian Dave Chappelle in which he publicly asked his fans to boycott his former tv show, “Chappelle’s Show”, in response to a contract dispute with ViacomCBS over revenue from digital streaming rights. In particular, this blog analyzes the uncertainty of language in older television contracts in the digital age.… Read More Chappelle Gets His Show Back

JHTL

DOJ Drops Suit Against California Statute, Now It’s Time for National Net Neutrality Protection

The DOJ dismissed the Trump administration’s legal challenge to California’s net neutrality statute. The California legislation bars internet service providers from slowing down website speeds, blocking access to certain websites and charging for large websites. As the law is still being challenged in the same court in a case brought by telecommunications industry trade groups, now is the time to discuss the renewal of federal net neutrality protections. Protecting our access to a free and open internet is now more important than ever in order to maintain a competitive marketplace and a fair democracy.… Read More DOJ Drops Suit Against California Statute, Now It’s Time for National Net Neutrality Protection

JHTL

Blocking Facebook for the Sake of “Stability”

This blog examines the conflict in Myanmar as well as its temporary banning of Facebook. This blog discusses how the Burmese people depend on Facebook as their primary source of news and how the current authority of a militia coup is debilitating democracy. The junta is attempting to implement a cyber security law which would limit public access to websites and social media accounts.… Read More Blocking Facebook for the Sake of “Stability”

JHTL

Taxing Big Tech: Understanding Maryland’s New Digital Advertising Tax

This blog discusses Maryland’s newly-imposed tax on digital advertising and how it is likely to affect Big Tech in particular, should it survive the lawsuit filed by the U.S. Chamber of Commerce and lobbying groups representing companies such as Amazon, Google, and Facebook. The bill, which is targeted at businesses that make over $100 million a year through digital advertising, would impose a scaled tax on revenue from digital ads shown in the state. The tax bill has been met with opposition from those who believe it is unconstitutional and will impose an unreasonable and harmful change to businesses. This blog describes the tax and the intended outcome of its implementation, recounts how the law has inspired similar legislation in other states, and evaluates the differing stances of its proponents and opponents. … Read More Taxing Big Tech: Understanding Maryland’s New Digital Advertising Tax

JHTL

Warning Signal: The Implications of SpaceX’s and Amazon’s Satellite-Based Internet Technology on International Law

This blog discusses the International Law implications of commercial use of satellites in outer space, focusing on Space X’s and Amazon’s space-based internet projects–Starlink and Kuiper. This blog further analyzes how the two tech-giants may interfere with current international law obligations under pre-existing treaty obligations. Finally, this blog will address the necessary considerations companies like Amazon and Space X should take into account before entering a space that can impact the economy and communication systems of other countries. … Read More Warning Signal: The Implications of SpaceX’s and Amazon’s Satellite-Based Internet Technology on International Law

JHTL