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Sex Offenders Battle States over Access to Social Networking Sites

Do convicted sex offenders have a First Amendment right to use Facebook and other social networking sites? A federal judge in Indiana was confronted with that question this week when a group of registered sex offenders challenged the constitutionality of an Indiana law, the Associated Press reports: In a one-hour hearing at U.S. District Court in Indianapolis, Judge Tanya Walton Pratt questioned attorneys about convicted sex offenders?ÇÖ civil rights and whether the state law is outdated in the age of Facebook, LinkedIn and dozens of other social networking sites. ACLU attorney Ken Falk argued that even though the 2008 law is only intended to protect children from online sexual predators, it also prevents sex offenders from using social media for political, business and religious activity such as using Facebook to follow the pope or comment on newspaper websites, posting a profile on LinkedIn or following presidential candidates on Twitter. Indiana… Continue Reading

No Asset Sale Exception to Withdrawal Liability Applies Where Purchaser Can Reduce Employee Hours Post-Acquisition

The Second Circuit Court of Appeals affirmed a district court holding that a seller was not exempt from withdrawal liability under the Multiemployer Pension Plan Amendments Act because the purchaser of the seller?ÇÖs assets was not obligated to contribute substantially the same number of contribution base units to the pension fund post-sale as seller had contributed pre-sale. In this case, the ?Ç£contribution base units?Ç¥ were hours of employee pay. The asset purchase agreement stated that purchaser could lay off employees or take other actions which could reduce the number of contribution base units purchaser was obligated to contribute to the plan. The court found that, before the sale, seller had a year-to-year ongoing ERISA obligation to maintain a threshold level of hours of employee pay. If seller had reduced its contribution base units by 70 percent, or partially ceased its contributions in a given year, it would have been subject… Continue Reading

June 2012