Month: November 2022

Court Again Rejects Lawsuit Over YouTube’s Allegedly Discriminatory Content Moderation-Divino v. YouTube

LGBTQ+ content creators “claim that despite YouTube’s purported viewpoint neutrality, defendants have discriminated against them based on their sexual or gender orientation, identity, and/or viewpoints by censoring, demonetizing, or otherwise interfering with certain videos that plaintiffs uploaded to YouTube.” In 2021, the court dismissed the lawsuit with limited leave to amend. In response to those amendments, the court dismisses the case again. Much of the opinion reiterates the prior ruling.

California state constitution claim: “no court has extended the Pruneyard line of cases, which concern physical property, to the Internet.” If you’re still invoking Pruneyard analogies for online content moderation, I question your motives.

Unruh Act. “The parties do not dispute that the Unruh Act applies to a website that hosts videos posted by members of the public.” The court continues:

Plaintiffs’ allegations that defendants intentionally discriminated against them because of their sexual orientation in violation of the

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A Hospital Mailed a Patient’s Confidential Diagnosis to a Rando. You’ll Never Guess What Happened Next-ZD v. Community Health

The facts in this case are so bizarre and outrageous that I had to read them several times:

On September 30, 2018, Z.D. underwent an examination and medical testing in the emergency department of a Community facility in Indianapolis. Afterward, Community was unable to contact Z.D. via telephone to notify her of her test results. So on October 5, the emergency department’s patient resource coordinator wrote a letter to Z.D. that was printed on Community letterhead and included her diagnosis and suggested treatment. The letter was placed in an envelope bearing Community’s preprinted return address and the handwritten mailing address of Jonae Kendrick, who was a classmate of Z.D.’s high-school-aged daughter. Kendrick received the envelope in the mail, opened it, and posted the letter on Facebook, where it was seen by multiple third parties, including Z.D.’s daughter. Z.D. learned about her diagnosis from her daughter, and she paid Kendrick $100

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Harris Bricken Attorney Jonathan Bench to Speak at HLB Conference

Harris Bricken attorney Jonathan Bench will be attending the HLB North American Advisory, Tax & Audit Conference next month in San Diego. He will be joined by Mike Criddle, Tax Partner at Eide Bailly LLP, to host two informative panel discussions.

The first panel, titled “When to Call the Lawyer: Legal Structuring and Litigation Support in International Transactions and Accounting,” will cover international transaction and dispute resolution issues. The second panel, titled “Legal Update for Cryptocurrency and Other Web3/Blockchain Transactions,” will cover tax and legal issues. Each panel will conclude with a Q&A. Learn about each panel below.

When to Call the Lawyer: Legal Structuring and Litigation Support in International Transactions 

Good international lawyers understand that clients receive the best possible outcomes when accountants and lawyers are both engaged early and working from the same general agenda. Unless a client’s business model is IP-heavy, the client will often engage

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China WFOE Shutdowns: Fast or Legal?

A while back (I am being intentionally vague here to avoid identifying anyone) a U.S. client company contacted our China lawyers about shutting down its China WFOE and/or terminating all of its roughly 47 China employees in one fell swoop. The U.S. company had discovered rampant corruption among its employees and its CEO wanted the WFOE excised “tomorrow.”

My response (put into one email and modified to hide any identifiers) was as follows, with the client identified below as “Company A.”

I spoke with one of our China employment lawyers and with our lead China corporate lawyer and both agree there is no way we can provide you with anything even approaching sound advice by tomorrow.

You essentially have two choices. One, you slink away in the middle of the night and neither Company A nor anyone who China might ever identify as having been associated with Company A ever

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Seeking Manufacturing Market Stability in China and Beyond

Recently I spoke with an entrepreneur in my hometown who is sourcing packaging in China for his startup. This post contains his questions and my answers, together with additional questions from a number of my prior speaking engagements.

What advice do you have regarding dealing with sourcing in China in the current environment?

Recognize Your Bargaining Power

The future will be rough, but that doesn’t mean the opportunities are gone. The law of supply and demand dictates that as demand in China wanes, an overzealous cohort of Chinese manufacturers will be vying for survival. They will be increasingly desperate to more than satisfy current customers and to ink deals with good prospective customers. You need to convince them that you are one of those companies.

These desperate suppliers will agree to contract terms that are more favorable to their customers. And they will be less likely to scuttle deals with

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