The Bottom Line The statute of limitations may have expired on new claims for repurchase or fraud based on alleged loan defects in pre-financial crisis subprime RMBS deals, but a settlement or litigation award paid out by a defendant may mark the beginning of a new six-year limitations period for Continue Reading
Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore
The Bottom Line The Griffin opinion paves the way for plaintiffs to assert an "aiding and abetting" theory to sue their employer's corporate customers, clients and vendors for participating in conduct or decision-making alleged to be unlawful under the NYSHRL, even if such participation Continue Reading
Trampoline Sellers Settle FTC Charges Over Alleged Fake Logos, Websites and Reviews
The Bottom Line As evidenced by the FTC's action against the Le brothers, companies should not use fake review sites or misleading third-party endorsements or seals to sell their products or disparage competing products.Instead, they should clearly and conspicuously disclose material connections Continue Reading
Rule 40 Advertising Guidelines Return for the 2018 Winter Olympics, Creating Headaches and Challenges for Winter Olympians and Their Sponsors
The Bottom Line Just as the thrilling victories and agonizing defeats of the 2016 Summer Olympics in Rio have receded into memory, preparations are already under way for the 2018 Winter Olympics. Advertisers looking to leverage Olympic athletes during PyeongChang 2018 need to proactively put plans Continue Reading
When Is a “Firm Offer” Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So
The Bottom Line Using words like “firm” and “binding” in emails or other documentation when sending over a term sheet to the other side does not necessarily create a firm offer, especially if there is contradictory language in the body of the actual term sheet. Contracting parties who wish to rely Continue Reading
T Minus 1 Year Until GDPR: Are You Ready for Take Off?
The Bottom Line It remains to be seen what will happen after the GDPR becomes effective on May 25, 2018. The GDPR compliance roadmap can be helpful for any organization that collects or processes personal data, whether or not an organization in or outside of the EU believes it is subject to the Continue Reading
The Days of Patent Plaintiff Forum Shopping May be Over
The Bottom Line The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or Continue Reading
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
The Bottom Line A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may Continue Reading
Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act
The Bottom Line As the barrage of TCCWNA-related class actions continues, courts are beginning to rein in the scope and applicability of New Jersey’s consumer protection statute. Claims by consumers who allege technical violations without any separate, identifiable harm may finally begin to Continue Reading
New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History
The Bottom Line While New York City’s law could potentially face legal challenge by business groups before October 31, 2017, employers are advised to review their hiring practices and identify where salary history is being requested. Employers may need to modify employment applications, Continue Reading