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
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
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C. passed the Ban on Non-Compete Agreements Amendment Act (the Act) on March 16, 2021, which broadly prohibits non-compete agreements and restrictions on moonlighting. Non-compete and anti-moonlighting agreements entered into with D.C. employees after this law 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