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New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act

The Bottom Line The New Jersey Supreme Court's recent holding is expected to eliminate no-harm class actions under the TCCWNA. Violations of the statute, unaccompanied by any injury to the consumer, will no longer be sufficient to support a claim. The need for class action plaintiffs to prove Continue Reading

Alert - May 16, 2018

Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order

The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading

Alert - May 14, 2018

Two Bills Introduced in U.S. Senate Seek to Enhance Consumer Privacy Protections

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

Alert - May 14, 2018

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

Alert - May 8, 2018

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

Alert - May 7, 2018

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

Alert - May 3, 2018

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

Alert - May 1, 2018

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

Alert - April 25, 2018

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

Alert - April 18, 2018

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

Alert - April 10, 2018

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