Benjamin J. Sauer
Associate

Location: Milwaukee
T: 414.225.1432
F: 414.278.3632
111 E. Kilbourn Avenue, Suite 1400
Milwaukee, WI 53202-6613

Publications: Attorney Benjamin J. Sauer


  • Seventh Circuit Rules Sexual Orientation Workplace Discrimination Is Illegal

    April 5, 2017

    In a precedent setting decision, Hively v. Ivy Tech, the Seventh Circuit Court of Appeals, the federal appeals court having jurisdiction for Wisconsin, Indiana, and Illinois, ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of sexual orientation. Title VII protects employees from discrimination based on “race, color, religion, national origin or sex.” The Second and Eleventh Circuits previously ruled that the term “sex” referred only to whether an employee was a male or female. In Hively, the Seventh Circuit instead expanded the definition of “sex”...



  • Google Mandates Play Store and In-App Privacy Policies

    March 28, 2017

    Google updated its Google Play Developer Policy Center policies on March 1, 2017, and the updates went into effect on March 15, 2017. These updates included requirements for developers to post privacy policies both on the Play Store listing and within the app. According to Google, app developers “must be transparent in how [apps] handle user data.” If an app stores personal or sensitive user data (i) provided by a user, (ii) collected about a user or (iii) collected about a user’s use of an app or device, then the developer must post a privacy policy in both the Play Store...



  • Social Media Presence Is a Factor When Assessing Trademark Strength

    February 10, 2017

    The Sixth Circuit Court of Appeals recently turned to the social media presence and marketing of a DJ when evaluating the DJ’s claims of trademark infringement and dilution. In Kibler v. Hall, et al (6th Cir. Dec. 13, 2016), the court affirmed summary judgment for Robert Hall, a rapper performing under the name “Logic” since 2009, in a trademark suit brought by Lee Kibler, a DJ performing under the name “DJ Logic” since 1999. Kibler previously registered his name as “DJ Logic” as a trademark in 2000 and again in 2013, after a lapse in registration. In 2012 attorneys for Kibler...



  • OSHA Issues Recommendations for Anti-Retaliation Programs

    January 23, 2017

    The Occupational Health and Safety Administration’s Whistleblower Protection Programs issued Recommended Practices for Anti-Retaliation Programs to assist employers with “creat[ing] workplaces in which workers feel comfortable voicing safety and other concerns without fear of retaliation.” The recommendations, while only advisory, apply to all public and private sector employers covered by the 22 whistleblower protections laws enforced by OSHA. The recommendations, which are available here, provide a brief synopsis of what constitutes retaliation for “protected” activities by employees (such as filing a report of possible violation of the law with OSHA or other government agencies, reporting a concern about a possible violation...



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