The Bottom Line New York State's EPTL now includes a provision that clarifies how matters involving digital assets are handled in estate administration. The full scope of the Act’s implications has yet to play out, but digital assets will undoubtedly affect estate planning and litigation matters 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
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading
Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements
The Bottom Line The FTC's settlement with the Defendants allegedly engaged in these deceptive marketing practices serves as a reminder that the parties responsible for online advertising using public figures’ names and images without authorization can be identified and stopped, and that those Continue Reading
Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions
The Bottom Line The Second Circuit’s Meyer decision reaffirms the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps, and that for those terms to be enforceable, access to them must be presented in a manner clear Continue Reading
ADA Requires Online Businesses To Make Their Websites Usable By The Disabled
The Bottom Line Businesses with an online presence, and those agencies designing and building websites for businesses who sell goods and/or services online, should review their websites for ADA compliance. Companies should further explore technology available to make their websites accessible to Continue Reading
Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members
The Bottom Line Given the split among several courts of appeal, Petrobras will not be the last word on ascertainability in class action suits. Indeed, this fall, the U.S. Supreme Court will consider a petition for certiorari regarding the certification of a plaintiff class allegedly lacking 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
When Is a “Firm Offer” Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So
The Bottom Line Using words like “firm” and “binding” in emails or other documentation when sending over a term sheet to the other side does not necessarily create a firm offer, especially if there is contradictory language in the body of the actual term sheet. Contracting parties who wish to rely Continue Reading
Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act
The Bottom Line As the barrage of TCCWNA-related class actions continues, courts are beginning to rein in the scope and applicability of New Jersey’s consumer protection statute. Claims by consumers who allege technical violations without any separate, identifiable harm may finally begin to Continue Reading