The Bottom Line The statute of limitations may have expired on new claims for repurchase or fraud based on alleged loan defects in pre-financial crisis subprime RMBS deals, but a settlement or litigation award paid out by a defendant may mark the beginning of a new six-year limitations period for 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
New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History
The Bottom Line While New York City’s law could potentially face legal challenge by business groups before October 31, 2017, employers are advised to review their hiring practices and identify where salary history is being requested. Employers may need to modify employment applications, Continue Reading
Retail Practices Are In Vogue For Regulators, and Class Action Lawyers
4th Edition: Trends in Marketing Communications Law The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing and other retail practices. For example, Continue Reading
Can Anyone Be Happy Together After Sirius XM Copyright Decision?
4th Edition: Trends in Marketing Communications Law Flo & Eddie Inc., the owner of the sound recordings such as "Happy Together" created by the 1960s band The Turtles, brought suit against Sirius XM on behalf of itself and a class of pre-1972 sound recording owners for broadcasting numerous Continue Reading
Children’s Privacy and Children-Directed Influencer Marketing Face Greater Scrutiny
4th Edition: Trends in Marketing Communications Law Regulators and industry watchdogs, concerned that children are becoming more vulnerable to new technologies and sales techniques used by marketers, are taking a stronger stance against practices that violate children’s privacy and marketing Continue Reading
Law360 | Madden Creates More Uncertainty For Marketplace Lenders
New Rights For New York City Freelancers Effective May 15, 2017
The Bottom Line New York City employers should: (a) review and update template independent contractor agreements to ensure they comply with FIFA; (b) engage with counsel before taking action that could be perceived as retaliatory with regard to a freelancer; and (c) respond in a timely manner to Continue Reading