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
Tax Reform Eliminated Deductions for Confidential Sexual Harassment Settlements
The Bottom Line The TCJA now prohibits employers from taking business deductions for confidential settlements or payments related to sexual harassment or sexual abuse claims. Consulting counsel early on is critical, as this new law could increase the complexity and costs of such settlements. Continue Reading
Massachusetts Pregnant Workers Fairness Act Goes Into Effect on April 1, 2018
The Bottom Line With the MPWFA's April 1, 2018 effective date quickly approaching, Massachusetts employers should review and revise their handbook policies, onboarding notices and HR practices to ensure that they comply with the law’s notice obligations and requirements to provide reasonable Continue Reading
Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract
The Bottom Line Companies that include a forum selection clause in an online contract should make sure that they reasonably communicate the forum selection clause to their customers and vendors. Best practices include: (i) providing on an uncluttered screen a direct hyperlink to the terms and Continue Reading
South Dakota Becomes 49th State to pass Data Breach Notification Law
The Bottom Line A patchwork of state, federal and international rules impose data breach notification obligations on companies.Every company subject to these rules must have a data breach response plan in place that complies with each state's requirements. Once it becomes law, a bill passed Continue Reading
What We Can Learn from the FTC’s 2017 Privacy and Data Security Update
The Bottom Line The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in Continue Reading
NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks
The Bottom Line The NCAA has a history of diligently monitoring "Final Four," "March Madness" and other trademarks connected to the Division I Men's Basketball Tournament, and will be quick to act on unauthorized uses, especially when used to market or promote third-party products. Although Continue Reading
With GDPR Deadline Looming, Ad Tech Community Proposes Collaborative Industry Solution
The Bottom Line Ad tech companies, and all other businesses subject to the GDPR, are facing an imminent compliance deadline. Companies may be able to seek GDPR-compliant solutions through their own internal initiatives, using third-party services or collaborating with others in the Continue Reading
Take Compliance Seriously When Hiring Domestic Employees in New York
The Bottom Line The potential penalties and damages for failing to comply with the many legal requirements for hiring domestic staff serve as a reminder that, while employers may develop a great relationship with a domestic employee, things can always go sour later. When they do, the downside can Continue Reading