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
Strafford Publications, Inc. Webinar | 2022 ERISA Fiduciary Duty Litigation
Mark E. Bokert, Davis+Gilbert partner and Benefits + Compensation co-chair, will be on a panel during a Strafford Publications, Inc. interactive webinar entitled "2022 ERISA Fiduciary Duty Litigation: SCOTUS Ruling in Hughes v. Northwestern University, Strategies for Counsel" on April 13 at 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
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C.’s new law banning non-compete agreements is sweeping in scope. Given the potential liability for violating the Act, employers should become familiar with the Act’s provisions.Employers should review their existing restrictive covenant agreements for Washington, D.C. Continue Reading
The National Black Lawyers Recognize Derick Dailey in Top 40 Under 40 – New York Ranking
We are pleased to share that The National Black Lawyers has ranked Derick Dailey in their list of the Top 40 Under 40 lawyers in New York. The invitation-only organization is comprised of attorneys recognized for their superior qualifications, legal results and professional leadership. As an Continue Reading
New York Manual Workers Who Are Not Paid Weekly Can Bring an Action for Damages
The Bottom Line New York employers should review and assess their pay practices in light of the recent interpretation of New York Labor Law’s frequency of pay requirements. Violation of the frequency of pay requirements may result in significantly monetary liability for liquidated damages, Continue Reading
California Employee Non-Solicitation Provisions Face Unpredictability
The Bottom Line The California Court of Appeal rejected an employee non-solicitation provision for recruiters, and one federal court in California has taken a broad reading of that decision and concluded that all employee non-solicitation provisions are invalid. This development serves as a Continue Reading
Recent Cases Highlight “Digital Assets” As A New Frontier in Estate Planning and Litigation
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
Worldcom Americas Conference | How Social Media Is Affecting PR and Marketing
Michael C. Lasky, Partner/Chair of the Public Relations Law Practice Group and Co-Chair of the Litigation Practice Group at Davis+Gilbert will speak at a session titled "How Social Media is Affecting PR and Marketing" during the Worldcom Americas Conference to be held in Minneapolis on October Continue Reading