News & Analysis as of

Terms and Conditions

New Jersey Supreme Court Unanimously Limits Scope of Consumer Protection Statute

by Genova Burns LLC on

The New Jersey Supreme Court issued an important decision on the scope of the New Jersey consumer protection statute called the Truth-in-Consumer Contract, Warranty and Notice Act or TCCWNA. The two class action matters...more

Here We Go Again: Browning-Ferris Revisited

As a result of recent activity at the D.C. Circuit and the National Labor Relations Board (the “NLRB”), the joint employer standard is in a state of flux. On April 6, 2018, the D.C. Circuit decided that it will review the...more

Antitrust Alert: ACCC Pushes for General Safety Provision on Sale and Marketing of Products

by Jones Day on

The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the...more

German Court Issues Important Judgment on Consent and Transparency in Facebook Case

by Reed Smith on

The Regional Court of Berlin held in a judgment of 16 January 2018 (docket no. 16 O 341/15, German language version of the judgment available here) that Facebook’s default privacy settings and parts of their terms and...more

When Social Media Use Is Conditional On Terms And Conditions

by Fox Rothschild LLP on

In the age of social media, new platforms struggle to dethrone the reigning kings of Twitter, Facebook, and Instagram. But one application, Vero, has gained traction in its attempt to replace Instagram. Launched in 2015,...more

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

The Digital Single Market: Geoblocking regulation ready to be enacted!

by Hogan Lovells on

The new provision on the banning of unjustified geoblocking in online sales is at the heart of the EU Commission’s aspiration and effort to create a real Digital Single Market within the European Union....more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Germany Finds that Facebook’s Privacy Settings and Terms of Service Violate Their Privacy Rules: Data Privacy Trends

by CloudNine on

One of the things that Tom O’Connor and I discussed in last week’s webcast about the upcoming Europe General Data Protection Regulation (GDPR) was how consent will be interpreted for use of data for its data subjects. Last...more

Are Your 2018 Benefit Changes Legally Effective?

ERISA requires that benefit plans contain formal procedures for the adoption of amendments to the plan, including the underlying benefit programs. However, many employers routinely implement annual changes to their health and...more

Commission on Environmental Quality/Shuqualak, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Shuqualak Lumber Company, Inc., Planer Mill Division (“SLC”) entered into a December 4th Agreed Order (“AO”) addressing alleged violations of an air permit and...more

Fore! Fourth Circuit Affirms No Coverage for Hole-in-One Payments

As proof that almost anything can be insured, hole-in-one insurance is available on the market. Coverage is granted for payments or awards (cars, cruises, golf trips, cash, etc…) given and can be obtained for the right...more

ACCC Increases Enforcement of Consumer Guarantees Against Airlines

by Jones Day on

The Situation: Following consumer complaints, the Australian Competition and Consumer Regulator ("ACCC") has released a report reminding airlines of obligations when dealing with the flying public. Looking Ahead: The ACCC...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

International HR – Offer Letters and Employment Contracts

by Fisher Phillips on

When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

NLRB Changes Standard for Employer Handbook Rules

Earlier this week, we wrote how the National Labor Relations Board (“NLRB”) gave an early Christmas present to employers by overturning the employee-friendly “joint employer” standard announced in 2015. This, however, was not...more

Relationship between data protection and competition laws - German Federal Cartel Office objects to Facebook’s collection of user...

by Dentons on

Data-related businesses occupy an increasingly important role in the modern economy. During the past decade, companies such as Facebook, Amazon, Alibaba and Google/Alphabet have sprung up and become veritable giants by...more

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

by Vedder Price on

Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...more

A Return to Clarity: Traditional Joint Employer Test Reinstated

by Proskauer - Labor Relations on

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...more

Court Finds Pre-Checked Disclosure Acceptance Box Still “Clickwrap”; Compels Arbitration of TCPA Case

by Dorsey & Whitney LLP on

Dorsey’s TCPA team is already renowned for obtaining first-in-the-nation results. Adding to that pile, Dorsey aided GoSmith, Inc. this week in obtaining a ruling compelling arbitration under facts that have long escaped...more

On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice

by Proskauer - Labor Relations on

On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years. Today, the NLRB, in Raytheon Network Centric Systems, 365...more

New Board, Old Law: NLRB Restores Stability After The Expiration Of Union Contracts - Raytheon Ends Brief Dalliance with...

by Fisher Phillips on

The National Labor Relations Board just restored stability for employers attempting to maintain the status quo following the expiration of a collective bargaining agreement. In the spirit of giving, outgoing NLRB Chairman...more

NLRB Delivers Big Win for Employers by Overturning Controversial Obama-Era Joint Employer Test

by Payne & Fears on

Employers should breathe a sigh of relief. On December 14, 2017, the National Labor Relations Board overturned the dramatic expansion of the joint employer test it established just two years ago in the controversial...more

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

by Snell & Wilmer on

On November 14, 2017, the Court of Appeals (Division 1), in Offerman v. Granada, LLC, 2017 WL 5352664, reversed a trial court order directing specific performance of an alleged option to purchase real property, holding that...more

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