The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Be Smarter Than Harvard: Comply with Your Insurance Policy’s Reporting Requirements
The Bottom Line A recent federal court decision may cost Harvard University millions of dollars and serves as a reminder to policyholders to adhere to the notification requirements of both their primary and excess insurance policies.While the decision is based on one policy type and one kind of Continue Reading
Revised Colorado Privacy Act Rules
The Bottom Line While companies are working to update their privacy notices and internal practices in light of the new California and Virginia laws that went into effect on January 1, 2023, they should consider additional issues covered by Colorado’s law.Colorado’s rules are not yet final, so we Continue Reading
2023 Top Privacy Issues: New Laws & Expanded Enforcement
The Bottom Line As new state privacy laws go into effect in 2023, companies need to ensure compliance with an ever growing list of obligations.Expect regulators to keep cracking down on dark patterns and privacy violations, including noncompliance with these new privacy laws. Privacy laws Continue Reading
For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants
The Bottom Line “Courts disfavor restrictive covenants.” This statement has become axiomatic in employment law, and it has never been truer. In the past several years, judges in various jurisdictions have cast an increasingly critical eye on agreements that purport to restrict employees’ Continue Reading
Employee Benefit Considerations When Making Workforce Modifications
The Bottom Line Employers should work closely with ERISA counsel to ensure that employee benefit plans (e.g., non-qualified deferred compensation plans, health and welfare plans, and 401(k) plans) are being administered correctly as they make changes to their workforce.Employers should work with Continue Reading
New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment
Bottom Line The federal Speak Out Act limits the enforceability of predispute nondisclosure and nondisparagement provisions related to incidents of sexual harassment and sexual assault.Employers should review and, if necessary, revise standard employment and restrictive covenant agreements to Continue Reading
Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions
The Bottom Line Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made Continue Reading
California Employers: California Privacy Rights Act in Full Force on Jan. 1, 2023
The Bottom Line Employers’ obligations will expand considerably as of Jan. 1, 2023, given the expiration of the CPRA employee data exemption.California employers will need to comply with notice obligations and new individual rights, such as access and deletion.California employers should take Continue Reading
California Issues Second Draft of CPRA Regulations
The Bottom Line California has released a second version of draft regulations for the CPRA, a mere 10 weeks before the law is to take effect.This latest draft has changes that are both beneficial to businesses and increase the complexities of compliance.Given the fact that the regulations have Continue Reading