Quick Details Session Overview During this webinar, Michael Lasky and Samantha Rothaus will share their best current counsel based on most common issues they have seen arise in recent years, and what firms may anticipate in the near future. Attendees will learn that, while scoping and Continue Reading
How the COVID-19 Crisis Impacts Contract Obligations
The Bottom Line Businesses need to consider if fulfilling their contractual obligations is possible during the COVID-19 crisis. If performance truly is not possible, a party may be excused from performing based on the following legal doctrines:Force MajeureFrustration of purposeBecause access Continue Reading
Association of National Advertisers Members Only Conference | Data Collection & Use Agreements – Privacy Issues & Other Complexities
On June 28, Gary Kibel, Davis+Gilbert Privacy + Data Security partner, will lead a session titled "Data Collection & Use Agreements - Privacy Issues & Other Complexities" at the Association of National Advertisers Members Only Conference, "The Business of Marketing Law," to be held in Continue Reading
Practising Law Institute’s Hot Topics in Advertising Law Conference 2018
Ashima A. Dayal, Davis+Gilbert Advertising + Marketing partner, will Co-Chair Practising Law Institute’s “Hot Topics in Advertising Law 2018” and will moderate the following sessions, on June 26 in New York. “Watch What You Say: Hot Button Advertising Issues in Contract Drafting”“Listen Up! Music Continue Reading
New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts
The Bottom Line While parties to a contract may develop an understanding of their agreement based on discussions during contract negotiations, under New York law, a court should not consider evidence of that understanding if the ultimate agreement is unambiguous.As reaffirmed by the recent 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
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