The Bottom Line Illinois recently passed Public Act 102-0358 (the Act), which addresses the enforceability of non-compete and employee and customer non-solicit agreements entered into on or after January 1, 2022. While the Act codifies certain pre-existing case law regarding the Continue Reading
Don’t Smile at the Camera — New Biometric Data Laws
The Bottom Line The confluence of privacy, security, societal and other reasons have resulted in increased scrutiny over the use of biometric data through new proposed laws. In the absence of a consistent federal standard, businesses should assess their biometric data collection and use practices Continue Reading
Score! College Athletes Will Soon Cash in on Their Name, Image and Likeness
7th Edition: Trends in Marketing Communications Law 2019 witnessed a landmark change in one of the most controversial matters plaguing college sports: the National Collegiate Athletic Association (NCAA) rule prohibiting student-athletes from accepting compensation for the use of their name, image Continue Reading
COVID-19: A Guide to Analyzing Risks for Marketers and Agencies
The Bottom Line The global effects of COVID-19 are being felt by businesses in every sector, and the worlds of marketing, communications, public relations and advertising are no different. In vast swaths of the United States, including critical markets such as New York, Los Angeles and Continue Reading
Coronavirus: Protective Measures for the Workplace
The Bottom Line In the wake of the Coronavirus outbreak, employers are seeking advice on how to best protect the health and safety of their employees. Coronavirus is a respiratory virus that spread rapidly after first being identified in Wuhan, China. While the World Health Organization has Continue Reading
Illinois Workplace Transparency Act Goes Into Effect January 1, 2020
The Bottom Line With the January 1, 2020 effective date of the Act rapidly approaching, Illinois employers should: Update confidentiality and separation agreements to include all compliant language to ensure enforceability of the agreements;Revise anti-harassment policies to preclude harassment Continue Reading
Big Data and Big Questions
6th Edition: Trends in Marketing Communications Law The use of biometric and location data has been on the rise for several years, but the expanded uses of this data must be reevaluated in light of the associated risks and evolving legal regimes. Although the use of biometric data is nothing new Continue Reading
Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
The Bottom Line Before October 29 2018, New Jersey employers should review and revise their sick leave and paid time off policies to ensure compliance with the New Jersey Paid Sick Leave Act's requirements, including its carryover versus payout requirements. Employers will also need to revise their Continue Reading
States Update Data Breach Notification Laws Amidst GDPR Commotion
The Bottom Line It is clear that local and state lawmakers are making data privacy protection requirements a legislative priority. As lawmakers continue to amend or enact new data protection and data breach notification laws, it will be crucial that all affected organizations ensure their policies Continue Reading
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