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
Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children’s Unauthorized In-App Charges
The Bottom Line The district court's decision, no longer subject to appeal, is a clear statement that the unauthorized billing of parents for in-app purchases made by their children without informed parental consent violates the FTC Act. This case serves as a reminder that companies need to ensure Continue Reading
FTC Tells Influencers to Disclose Connections on Social Media
The Bottom Line The FTC’s letters to influencers and marketers highlight the importance of ensuring that "material connections" between influencers and marketers are "clearly and conspicuously" disclosed. Marketers should review their social media marketing policies because failure to comply could Continue Reading
Suit Challenges Jos. A. Bank Clothiers’ “Up to” Percent Off Advertising
The Bottom Line The class action lawsuit against Jos. A. Bank should serve as a reminder to advertisers to carefully consider state laws when advertising "up to" discounts or price ranges. Furthermore, this shows how class actions are serving in a very real capacity to replace regulatory actions. Continue Reading
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
The Bottom Line A bright-line rule that an employer may not enforce restrictive covenants against an employee terminated without cause appears to be re-emerging in New York. But there are potential strategies for employers to secure enforceable post-employment restrictions against an involuntarily Continue Reading