Latest Publications

Share:

Empowering Agent and Employee Wellness in the Real Estate Industry

Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the...more

Oregon Bans Home Buyers’ ‘Love Letters’ To Sellers

As a potential harbinger of the future, Oregon has become the first state in the nation to ban real estate “love letters.” The new law goes into effect January 1, 2022. The State of Oregon passed a law (HB 2550), and it...more

Biden Administration Issues Memo Focused On Critical Infrastructure Cybersecurity

Following a series of major ransomware attacks, including against Colonial Pipeline, which provides the East Coast with 45 percent of its gasoline, jet fuel and diesel, President Biden issued a National Security Memorandum...more

New York Considering Dramatic Expansion Of Consumer Privacy Rights

In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would...more

House Passes Internet Of Things Cybersecurity Improvement Act

The House of Representatives recently passed the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (the Act). The Act has been moved to the Senate for consideration. The legislation sets minimum security...more

Videoconferencing Zooms To The Forefront In The COVID-19 World

As the COVID-19 crisis continues, many companies throughout the country have arranged for significant portions of their workforce to work from home. A natural part of that arrangement is conducting videoconferences. With...more

Disclosure Of State Employees’ Birthdates Not Protected Per Washington Supreme Court

The Washington State Supreme Court ruled recently that state employees’ birthdates associated with their names are not exempt from disclosure pursuant to a freedom of information records request. In so holding, the Court...more

Music To Your Ears? Court Rules Bose Can Gather Your Music Listening Habits

According to a recent decision from a federal district court in Illinois, Bose Corp. may monitor and collect information about the music and audio files consumers choose to play through its wireless products and transmit that...more

Workplace Gossip May Lead To Title VII Liability, Fourth Circuit Holds

An employer’s failure to stop a false rumor that a female employee slept with her male boss in order to obtain a promotion can give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent...more

New York State Commissioner Of Labor Testifies On Combatting Sexual Harassment In The Workplace

As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to...more

FDA Focuses Attention On Medical Device Cybersecurity Risks

All companies in this day and age must devote some attention to cybersecurity risks. Regardless of industry, almost every entity maintains some form of personally identifiable information that requires protection (e.g.,...more

Epic Impact: Will The Federal Arbitration Act Preempt Prohibitions On Arbitration Of Sexual Harassment Claims?

With the increased attention being paid to the #MeToo movement and the existence of federal law that provides capped remedies and permits mandatory arbitration of sexual harassment claims,, states and cities are enacting...more

Vague FTC Order Addressing Data Security Struck Down By Federal Appellate Court

In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and...more

Internal Investigation Report Prepared By Outside Counsel Entitled To Work Product Protection

In Lassiter v. Hidalgo Medical Services, No. 17-00850 (D. N.M. Apr. 18, 2018), a former employee sought to compel production of outside counsel’s reports and findings of an internal investigation into harassment claims. The...more

Banks Cannot Skirt Contract Remedies In Data Breach Suit Against Retail Merchant

Attempting to advance a novel theory of law, several banks filed a class action in Illinois federal court against a grocery store chain arising out of a data breach that resulted in the theft of 2.4 million credit and debit...more

Beyond The Weinstein Effect: It’s More Than Just Training

In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than...more

Federal Court Permits Former Employees’ Data Breach Claims To Move Forward

A data breach occurs in which an outside individual obtains your company’s employees’ W-2 forms including social security numbers, addresses, and salary information. As a result, your company notifies all affected employees,...more

Senate Bill Introduced To Protect Personally Identifiable Information

Primarily motivated by the several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and...more

The Weinstein Effect: Importance Of Anti-Harassment And Anti-Discrimination Training

It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company. In many of those...more

Lenovo-FTC Consent Order Calls For 20-Year Monitoring Period

Laptop-maker Lenovo (United States), Inc. agreed to a no-fault settlement with the Federal Trade Commission and 32 states over allegations that it installed ad software that compromised customers’ web security and invaded...more

Unsolicited Call Without Charge Held A Violation of TCPA

Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was...more

Review Of Previously Opened Email May Violate SCA

In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more

When Are Law Firm Partners Not Partners?

The issue of who is a “partner” and thus not an employee continues to vex professional firms. Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse...more

Timing Is Everything: Federal Judge Permits Suit To Continue Despite Time-Barred Allegations

A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins...more

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant...more

36 Results
 / 
View per page
Page: of 2

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