The Bottom Line With the Facebook data breach, GDPR, and security issues attracting much attention these days, Congress has introduced two bills aimed at providing broader consumer privacy protections: The CONSENT Act and the Social Media Privacy Protection and Consumer Rights Act of 2018. While Continue Reading
Second Circuit Rules That Title VII Prohibits Discrimination on Basis of Sexual Orientation
The Bottom Line The Zarda decision deepens the growing split between the circuit courts on the issue of whether discrimination based on sexual orientation is prohibited under federal law. It is now more likely that the U.S. Supreme Court will ultimately have to determine whether federal law should Continue Reading
New Jersey Enacts New Equal Pay Protections Effective July 1, 2018
The Bottom Line Effective July 1, 2018, New Jersey's equal pay law will provide several new measures aimed at preventing unequal pay among employees performing substantially similar work. New Jersey employers must re-examine employee salaries to make sure any existing pay differentials are Continue Reading
Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?
The Bottom Line Based on the decision of the Court of Appeals, software developers and programmers should understand that there is risk in using any copyrighted code, including API packages and code, without first obtaining authorization from the owner of the API or otherwise adhering strictly to Continue Reading
Recent Cases Highlight “Digital Assets” As A New Frontier in Estate Planning and Litigation
The Bottom Line New York State's EPTL now includes a provision that clarifies how matters involving digital assets are handled in estate administration. The full scope of the Act’s implications has yet to play out, but digital assets will undoubtedly affect estate planning and litigation matters Continue Reading
NYC Expands Employee Rights to Request Temporary Work Schedule Changes and Use Paid Sick Time for “Safe Time” Purposes
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee rights to request temporary schedule changes and use paid sick time for "safe time" purposes. At a minimum, employers should update employee handbooks to: Explain the procedures that Continue Reading
U.S. Ad Tech Companies Collecting EU Data Must Prepare for the GDPR
The Bottom Line With fines that can reach up to €20 million or 4% of worldwide annual revenue, the cost of non-compliance under the GDPR could be much more significant than it has been under the prior data privacy framework in the EU. With a little more than one month before the GDPR becomes Continue Reading
New York State Imposes New Legal Requirements for Workplace Sexual Harassment Prevention
The Bottom Line New York State's budget legislation, expected to be signed into law shortly, contains several measures related to workplace sexual harassment that will impact nearly every employer in New York. To prepare for these changes, New York companies are advised to consult with counsel to Continue Reading
The Ninth Circuit’s “Blurred Lines” Decision: What Advertisers Should Know
The Bottom Line The Ninth Circuit's decision in the "Blurred Lines" case raises more uncertainty in the area of music copyright law. While many experts still maintain that "style" and "groove" are not protectable by copyright, the Ninth Circuit's decision to uphold the 2015 jury verdict establishes Continue Reading
#MeToo and #TimesUp Movements Cause Entertainment and Advertising Industries to Re-Examine Talent Agreements
The Bottom Line Studios, networks, agencies and marketers are negotiating for stronger and broader morals clauses in talent contracts in the wake of the #MeToo revelations, and following the #TimesUp movement, talent representatives are seeking inclusion riders in talent contracts that seek equal Continue Reading