Disclaimers

News & Analysis as of

NJ Employers May Need to Revisit Arbitration Clauses Following Appellate Division Ruling

On January 7, 2016, the New Jersey Appellate Division found that an arbitration provision contained in an Employee Handbook was unenforceable. This decision is of critical importance to New Jersey employers when it comes to...more

Employers Should Not Rely on Employer Handbooks to Create Enforceable Arbitration Agreements

In a recent published opinion, the New Jersey Appellate Division held that an arbitration clause in an employee handbook was unenforceable because the handbook also contained standard disclaimer language stating that the...more

New York Court Holds Insurer Timely Disclaimed Coverage on Basis of Classification Limitation

In its recent decision in Black Bull Contr., LLC v Indian Harbor Ins. Co., 2016 NY Slip Op 00002 (1st Dep’t Jan. 5, 2016), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider whether...more

Superior Court Explains Reliance Disclaimer Clauses

A party to a contract may try to limit any future claims of fraudulent inducement by providing an anti-reliance clause in its contracts. As this decision explains, such clauses need to be carefully drafted and particularly...more

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims,...more

Special Focus: FTC Issues Long-Awaited Native Advertising Guidance

On December 22, 2015, the Federal Trade Commission (“FTC” or “Commission”) issued long-awaited guidance on native advertising – commercial content designed with the look and feel of editorial content – and published its...more

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a...more

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

Employers seeking to avoid disputes in court with employees increasingly seek to use mandatory arbitration agreements. Typically, these agreements take the form of stand-alone written documents, signed by both parties....more

Patent Owner’s Disclaimers Results in IPR Institution Denial; Not an Adverse Judgment - FCA US LLC v. Jacobs Vehicle Systems, Inc.

Addressing the effect of disclaimed claims challenged in an inter partes review (IPR) petition, a panel of the Patent Trial and Appeal Board (the PTAB or Board) determined that challenged claims disclaimed prior to IPR...more

NY Insurance Law 3420(d)(2) Is Strictly Enforced

It is of paramount importance that liability insurers doing business in New York be aware of the heightened disclaimer obligations applicable to claims implicating Insurance Law § 3420(d)(2). The statute, which applies to...more

New Presumptions of Coordination in CA Political Communications/Independent Expenditures

The California Fair Political Practices Commission (“FPPC”) has overhauled its regulations that define when an independent expenditure will be deemed to have been coordinated with a candidate or ballot measure committee. ...more

First Amendment Notes: Amicus Briefs In Pacira & Application of IMS v. Sorrell

Here we discuss a couple of developments involving (actually or potentially) the application of the First Amendment to the FDA’s increasingly battered prohibition against truthful promotion of off-label use....more

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

OEM Disclaimers Withstand Challenge in Helicopter Crash: Damage to helicopter from defective part constitutes excluded...

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the...more

FRANCHISOR 101: Contractual Disclaimers Save the Day

A federal court in Florida has ruled that a disclaimer of representations contained in the franchise agreement between a childcare business franchisor and its franchisees barred claims against the franchisor for alleged...more

Is Your SEM FDA Compliant? New Google SEM Policy Forces Pharmaceutical Industry to Adjust Paid Search Advertisements

Upcoming changes to Google AdWords’ ad formats will have a significant impact on pharmaceutical companies that engage in paid search advertising. In a letter to its major media agencies last month, Google announced that it...more

Do Owners Have a Legal Obligation to Disclose All They Know About Their Project Sites?

Unanticipated subsurface conditions can greatly increase the time and cost of construction. When faced with such conditions, contractors understandably look to place responsibility for the additional costs on the owner....more

Tips & Traps When Talking to Potential Investors

The fundraising process requires countless hours to develop and refine an investor pitch. While the majority of that time will be focused on how to find and raise money from the best investors on the best terms, it is...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America, 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), the United States District Court for the Western District of Virginia, applying Virginia...more

Getting the Deal Through - Advertising and Marketing 2015: Canada

Legislation and Regulation - What are the principal statutes regulating advertising generally? The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Georgia Supreme Court to Franchisees: Read Your Contracts!

In July 2001, sisters Michele and Lorraine Reymond approached the defendant, franchisor Legacy Academy, Inc., about the purchase of a daycare franchise to be located in suburban Atlanta. The sisters testified that Legacy...more

LinkedIn Ethics Alert: 4 Things All NY Lawyers Should Know

Even lawyers who don’t practice in New York might want to take note of a formal opinion released this month by the New York County Lawyers Association Professional Ethics Committee....more

85 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×