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
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