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 Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line A federal Court of Appeals has once again affirmed the enforceability of an arbitration clause in a mobile application’s contractual terms. The Boston, Massachusetts appellate court held that an app user who clicked “Accept” on a screen referencing and displaying at least Continue Reading
Upcoming Insurance Coverage Dispute Deadlines for COVID-19 Claims
The Bottom Line As companies continue to grapple with the COVID-19 pandemic’s impact on their businesses and the consequential loss of income suffered as a result of interruptions and/or shutdowns to their operations, policyholders should be aware of a number of key factors that could affect Continue Reading
Property and Business Interruption Insurance in Light of COVID-19
The Bottom Line As countless business interruption claims have been asserted with limited success, companies should consider directing their focus to improving and enhancing their insurance policies to ensure coverage would apply to future pandemic scenarios. COVID-19 Related Insurance Continue Reading
How New York’s COVID-19 Executive Orders Affect Limitations Periods in New York
The Bottom Line The COVID-19 pandemic is causing great uncertainty in the United States and around the world. One potential uncertainty specific to parties in New York is the applicable deadline to file a lawsuit. New York state courts are currently restricting filings of non-essential new Continue Reading
Best Practices for Litigating in the Virtual World
The Bottom Line As the majority of the United States legal community continues to work from home, many courts are proceeding with cases virtually. Hearings that would have required in person attendance are now being held telephonically or over videoconference, and depositions are expected to Continue Reading
How the COVID-19 Crisis Impacts Contract Obligations
The Bottom Line The COVID-19 pandemic is impacting businesses throughout the U.S. and around the world, causing great uncertainty in numerous ways. Even with new guidance and regulations being issued by governments daily, many questions remain. One issue likely to arise is whether businesses Continue Reading
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading