The Bottom Line In a departure from several California court rulings on the same issue, a New York federal judge has decertified three classes of consumers seeking to recover damages for allegedly deceptive “natural” labeling claims on Tom’s of Maine toothpaste and deodorant products. The Continue Reading
California Pushes the Boundaries of Its Ability To Limit Employer Use of Restrictive Covenants Agreements
The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading
Ed Sheeran’s Copyright Victory: A Win for Songwriters?
The Bottom Line The Sheeran trial was a win for an individual songwriter, but the long road to victory underscores how difficult it can be for an artist to defeat a copyright claim based on similarities arising from the use of commonplace musical “building blocks.”Music producers and composers Continue Reading
Stay, Stay, Stay – The Supreme Court Rules Litigation is Automatically Stayed Pending an Appeal on Arbitrability
The Bottom Line The U.S. Supreme Court rules that lower court proceedings must be put on hold while an appeal is pending over whether the matter should be arbitrated.Businesses that regularly include arbitration clauses in agreements will no longer be forced to continue litigating cases while an Continue Reading
Key Influences on the Cannabis Market in 2023
2023 may create the harshest conditions yet for the cannabis industry. The economy was already expected to be a challenge to profitability and now turmoil in the banking sector may further distract Congress from passing meaningful marijuana banking legislation, continuing to limit access to Continue Reading
Employee Relations Law Journal | Plan Fee Litigation: The Tide May Be Turning in Favor of Plan Fiduciaries
For many years, plan sponsors and other fiduciaries have been caught in a whirlwind of litigation primarily related to 401(k) and 403(b) plan fees. Many of these cases have settled resulting in plan fiduciaries having to pay many millions of dollars. Other cases have resulted in adverse decisions Continue Reading
The Training Wheels are Off: The Copyright Implications of Training Generative AI
The Bottom Line Two pending lawsuits are among the recently filed cases that will test how copyright law will be applied to AI.Given the novelty and rapidly evolving nature of GAI, individual creators and companies using GAI need to tread carefully to avoid claims of infringement and to protect Continue Reading
SCI | New Landscape
Joseph Cioffi was quoted in an SCI article, "ABS Litigation 'Rules of Engagement' Explained." Continue Reading
How to Handle ADA Website Accessibility Claims
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