The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more
Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more
Florida Governor Ron DeSantis recently signed Senate Bill 262 into law, adopting the "Digital Bill of Rights" proposed by his office in February. Florida joins the rapidly increasing group of states, California, Utah,...more
Notwithstanding at least some deterioration in documentation standards towards the top-end of the private credit market in recent years, maintenance leverage covenants have remained a pervasive feature of unitranche as an...more
Connecticut’s privacy law takes effect on July 1, with some key changes after the governor signed Senate Bill 3 on June 26. Some portions of the amendments concerning newly defined “consumer health law” will have immediate...more
On May 4, the Florida House passed an amended version of SB 262, a bill establishing the Florida Digital Bill of Rights. The bill now moves to Governor Ron DeSantis’s desk for signature. ...more
As most government contractors will readily admit, there are few pieces of mail more unwelcome than a cure notice from Uncle Sam. This letter, for those of you who may be blissfully unaccustomed, is a government-issued...more
Do Companies have a cure period for alleged violations under the California Privacy Rights Act (“CPRA”)? No, the CPRA eliminates the thirty (30) day cure period originally permitted under the California Consumer Privacy...more
Construction contracts generally outline various scenarios in which a party can terminate the contract. In one common scenario, a contractor is permitted to terminate its subcontractor “for cause” if the subcontractor...more
An area developer entered into three agreements with a pizza franchisor and developed 50 franchises in Texas. The franchisor, Pizza Inn, Inc., tried to terminate all three contracts, though each had a twenty-year initial term...more
Millions of vaccinated Americans — now maskless — surely can’t wait to rekindle their love affair with their iPhone’s facial recognition technology. Meanwhile, these same people are probably less eager for the bars,...more
On November 3, 2020, California voters approved the California Privacy Rights Act (CPRA), which amends the previously enacted California Consumer Privacy Act of 2018 (CCPA). As with the CCPA, businesses physically located...more
On November 3, California voters passed the California Privacy Rights Act, a ballot initiative that substantially amplifies data privacy oversight for qualifying enterprises doing business in California. Although it builds...more
For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more
On July 11, 2019, I presented at the American Bankers Association webinar, entitled, “Mortgage Disclosure Cures and Corrections — Mitigating Liability.” Below is a summary of the points presented in the webinar and additional...more
A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more
Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the rights of commercial tenants to obtain Yellowstone injunctions....more
California already has some of the strongest data privacy laws in the United States, but within the past week state legislators, with the backing of the California Attorney General Xavier Becerra, have proposed two new bills...more
The California Consumer Privacy Act of 2018 (“CCPA”) offers a new, very broad framework for data protection with increased obligations for businesses, and its reach is far and wide. It was passed in a whirlwind seven days. On...more
A Florida federal district court found that a doughnut franchisee's failure to pay royalties and other fees constituted a material breach of contract justifying termination, even though the franchisee expressed a willingness...more
A recent Tax Court decision suggests that employers may want to review their 401(k) plan loan programs and payroll practices. In Louelia Salomon Frias and Mervyngil Salomon v. Commissioner, TC Memo 2017-139 (July 11, 2017),...more
On Monday, Arizona state senators approved legislation that, if signed into law, will give businesses at least thirty days to cure violations of the Arizonans with Disabilities Act before they can be sued....more
On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise...more
First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more
The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a...more