Westlaw Journals weekly round-up

August 7, 2015

Westlaw Journals Weekly RoundupThis week some highlights from the Westlaw Journal blog include stories about Facebook search warrants and a 2nd U.S. Circuit Court of Appeals decision on how to determine if interns should get paid:

9/11 responders’ Facebook records released in disability fraud investigation: Retired New York firefighters and police officers are among the 381 Facebook users whose accounts must be released to the Manhattan district attorney’s office in its large-scale investigation of fraudulent 9/11-based disability claims, a state appeals court has ruled. Search warrant applications show the district attorney’s office reasonably believed the retired civil servants had feigned mental illness to get disability benefits after the Sept. 11, 2001, terrorist attacks and it sought to find evidence on Facebook, the Supreme Court Appellate Division, 1st Department, said July 21. (Computer & Internet)

Class action accuses airfare info distributors of antitrust violations: Consumers have sued the world’s leading airfare information distributors in Manhattan federal court, accusing them of conspiring and strong-arming airlines and travel agents into using their technology systems. Defendants Amadeus IT Group, Sabre Corp. and Travelport Ltd. offer competing products — centralized reservation networks known as global distribution systems, or GDS — where airlines can list flight information to help travel agents or websites book trips for customers. For years these competitors have secretly agreed on prices and other terms for their services, thereby inflating airfares, a proposed class action filed July 14 in the U.S. District Court for the Southern District of New York alleges. (Aviation)

2nd Circuit says ’primary beneficiary’ test should determine if interns get paid: A Manhattan federal court improperly granted summary judgment to movie company interns seeking payment for their services because it failed to consider which party benefits most from the intern/employer relationship, the 2nd Circuit has ruled in a matter of first impression that rejects long-standing Labor Department guidance. In so ruling July 2, a panel of the 2nd U.S. Circuit Court of Appeals constructed a “primary beneficiary” test to reflect “economic realities” in the modern intern/business relationship. (Employment)

7th Circuit upholds order requiring firm to turn over files to former client: A Chicago law firm must turn over case files to a former client that allegedly owes unpaid fees without first getting some form of payment or security, a federal appeals court has determined. On July 2, a three-judge panel of the 7th U.S. Circuit Court of Appeals found no error in a lower court’s ruling that the client’s entitlement to the files outweighed the firm’s need for immediate payment. (Professional Responsibility)