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Litigation + Dispute Resolution Alert

What’s the Harm? Second Circuit Requires Proof of Irreparable Harm to Enjoin Restrictive Covenant Violations

April 11, 2023 by Calin Dixon

The Bottom Line Federal district courts in the Second circuit will not presume that a company will suffer irreparable harm for a restrictive covenant violation. Parties should not rely on contractual stipulations alone to establish irreparable harm.A party seeking a court injunction for the Continue Reading

Alert - April 11, 2023

Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision

February 16, 2023 by Patrick Quinn

The Bottom Line Brands should monitor whether and how their trademarks are being used in new technologies and know that such use is still subject to traditional principals of trademark law.Creators should be aware of the limits of First Amendment protection, particularly when dealing with Continue Reading

Alert, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs - February 16, 2023

For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants

December 15, 2022 by Catherine Nagle

The Bottom Line Courts around the country subject non-competition agreements and other restrictive covenants to increasingly strict scrutiny in employment contracts.Courts applying Delaware law may also limit enforcement of restrictive covenants executed in the sale-of-business context to the Continue Reading

Alert - December 15, 2022

U.S. Department of Labor Proposes New Rule on Independent Contractor Status

October 25, 2022 by Catherine Nagle

The Bottom Line The U.S. Department of Labor has proposed a new rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act.If adopted, it will replace the rule announced by the DOL in January 2021 and will be more focused on the “totality of Continue Reading

Alert - October 25, 2022

How to Handle ADA Website Accessibility Claims

September 23, 2022 by Catherine Nagle

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

Alert - September 23, 2022

Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements

September 14, 2022 by Patrick Quinn

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

Alert - September 14, 2022

New York City’s “Guaranty Law” Remains Legal — For Now

August 10, 2022 by Patrick Quinn

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

Alert, Demystifying COVID-19 Complexities and Thriving in Uncertain Times - August 10, 2022

Colorado Limits Employer Use of Restrictive Covenants

July 21, 2022 by Patrick Quinn

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

Alert - July 21, 2022

You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions

December 6, 2021 by Patrick Quinn

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

Alert, Balancing Compliance and Creativity in Regulated Industries, The Fine Print: Stay in Compliance without Losing Your Edge - December 6, 2021

Court Enforces Arbitration Clause in In-Home Services App Agreement

October 11, 2021 by Patrick Quinn

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

Alert, Uptick in Consumer Class Actions as Online Purchases Grow - October 11, 2021

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