The Bottom Line When faced with an ADA website accessibility claim, there are defenses that can be raised, either with the court or as part of settlement negotiations.Companies should carefully review any such claim, particularly the allegations concerning whether the plaintiff visited the Continue Reading
Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements
The Bottom Line Washington, D.C.’s amended law banning non-compete agreements contains an exception for highly compensated employees and no longer outright bans anti-moonlighting provisions in all instances. Employers should be mindful of the total annual compensation awarded to employees in Continue Reading
New York City’s “Guaranty Law” Remains Legal — For Now
The Bottom Line The Guaranty Law, enacted on May 26, 2020, provides strong protection to personal guarantors of commercial leases in New York City.While subject to an ongoing legal challenge, the Guaranty Law currently prevents certain commercial landlords from recouping unpaid rental arrears Continue Reading
Colorado Limits Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered (or renewed) on or after Aug. 10.The Act significantly alters the landscape for restrictive covenants in Colorado.Employers that have employees who live or work in Colorado should consult with legal counsel and carefully review their Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Courts will look to product packaging and advertising as a whole when evaluating whether those materials can support a false advertising or deceptive trade practices claim, unless the package or advertisement includes a prominent statement or description that is unambiguously Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line The First Circuit’s Emmanuel decision reaffirms yet again the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps.Terms must be presented in a clear and conspicuous manner to give users reasonable notice of Continue Reading
Upcoming Insurance Coverage Dispute Deadlines for COVID-19 Claims
The Bottom Line Vigilance in understanding the potential roadblocks and deadlines is key to ensuring rights to coverage under an insurance policy are preserved.Neglecting and overlooking suit deadlines can mean the forfeiting of policy rights and a policyholder’s ability to bring suit against its Continue Reading
Property and Business Interruption Insurance in Light of COVID-19
The Bottom Line In light of COVID-19, companies should review their insurance policies to make certain they are updated to improve their chances of triggering coverage for future pandemics. As countless business interruption claims have been asserted with limited success, companies should Continue Reading
How New York’s COVID-19 Executive Orders Affect Limitations Periods in New York
The Bottom Line Parties in New York may have limitations periods tolled at least until May 15. However, parties would be wise to exercise caution rather than relying on Executive Orders because:Courts previously construed such orders narrowly, though the current language differs markedly from Continue Reading
Best Practices for Litigating in the Virtual World
The Bottom Line Virtual court appearances should be treated with the same approach as in person appearances.Build in a cushion for discovery deadlines to allow for delays related to collecting data remotely.Keep confidentiality and privilege top of mind in litigating virtually. Be cognizant of when Continue Reading