ArticleData Privacy And Security Laws Get Stronger, And Face New ChallengesAs data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security.United StatesPrivacyDavis+Gilbert LLP
ArticleSouth Dakota Becomes 49th State To Pass Data Breach Notification LawOnce it becomes law, a bill passed unanimously by the South Dakota legislature will make South Dakota the 49th state with a data breach notification law. United StatesPrivacyDavis+Gilbert LLP
ArticleSubprime Auto In 2018: Riding A Market That's All Show And No GoIf the subprime auto loan asset-backed securities (ABS) market collapses, any post-mortem is likely to begin and end with the underlying auto market.United StatesTransportDavis+Gilbert LLP
ArticleFTC Announces COPPA Actions Against App DevelopersCOPPA prohibits operators of web sites and online services from collecting personal information from children under 13 years of age without the express approval of their parents.United StatesPrivacyDavis+Gilbert LLP
ArticleThird Time's A Charm – Adequacy Decision For EU-U.S. Data Privacy Framework Adopted By European CommissionYears of anticipation culminated on July 10, 2023, when the European Commission adopted an adequacy decision (the Adequacy Decision) on the EU-U.S. Data Privacy Framework (the Framework).GlobalPrivacyDavis+Gilbert LLP
ArticleInto The Weeds On Sen. Schumer's Cannabis BillThe Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY).United StatesCannabis & HempDavis+Gilbert LLP
ArticleFTC Endorses New Privacy System For The United States And Asia-Pacific Region Regarding Cross-Border Data TransfersCross-border data transfers have become increasingly complex over the years as different countries and regions enforce privacy laws and practices that vary from those in the United States.United StatesConsumer ProtectionDavis+Gilbert LLP
ArticleRegulators Address Consumer Trust, Choice And Safety In Digital MarketingBusinesses and regulators are focusing on cross-device tracking, ad blocking technologies and ad fraud, with particular attention to consumer trust, choice and safety issues.United StatesConsumer ProtectionDavis+Gilbert LLP
ArticleFor Compete's Sake! Delaware Court Declines To Enforce Sale-of-Business Restrictive Covenants"Courts disfavor restrictive covenants." This statement has become axiomatic in employment law, and it has never been truer. In the past several years, judges in various jurisdictions...United StatesCorporate/Commercial LawDavis+Gilbert LLP
ArticleSupreme Court Blocks One Nationwide Injunction Against CTA, While Second Injunction StandsThe Supreme Court stayed one injunction that prohibited the government from enforcing the CTA.United StatesCorporate/Commercial LawDavis+Gilbert LLP
Article2016 Mitigating Risk: Key Litigation Developments - Employment >> Restrictive Covenant Keys: Choice Of Law, Forum Selection ProvisionsIn some states, such as California, non-compete agreements essentially are unenforceable outside the sale-of-business context because of the state's strong public policy against such agreements. United StatesEmployment and HRDavis+Gilbert LLP
ArticleBenefits & Compensation Alert >> Student Loan Repayment Benefit Under A 401(K) Plan: An Important New Benefit That Employers Can Offer Right NowAmericans owe roughly $1.5 billion in student loan debt, spread out among approximately 44 million borrowers.United StatesEmployment and HRDavis+Gilbert LLP
ArticleDepartment Of Labor Issues Guidance On Misclassification Of Employees As Independent ContractorsIn the guidance, the DOL highlights its continued focus on curbing what it believes is the improper classification of workers as independent contractors.United StatesEmployment and HRDavis+Gilbert LLP
ArticleDOL Confirms Federal Salary Level For Overtime-Exempt EmployeesOn September 24, 2019, the U.S. Department of Labor (DOL) issued a new Final Overtime Rule (the 2019 Final Rule), which goes into effect on January 1, 2020.United StatesEmployment and HRDavis+Gilbert LLP
ArticleFederal Law Expands Whistleblower ProtectionsSince the Corporate and Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley or SOX) became law, its whistleblower provisions have protected employees who report information that they reasonably believe constitutes fraud upon a public company’s shareholders from adverse employment action. United StatesEmployment and HRDavis+Gilbert LLP
ArticleNew California Anti-Discrimination And Anti-Harassment Policy RegulationsThe California Department of Fair Employment and Housing recently enacted regulations that will require employers, as of April 1, 2016, to develop written anti-discrimination/harassment policies with certain content requirements.United StatesEmployment and HRDavis+Gilbert LLP
ArticleNew York City Human Rights Law Restricts Credit Checks Of Job Applicants And EmployeesOn September 3, 2015, New York City will join several states and localities throughout the country that have implemented laws limiting the use of credit checks in hiring and other employment decisions.United StatesEmployment and HRDavis+Gilbert LLP
ArticleWashington, D.C. Bans Non-Compete AgreementsWashington, D.C. passed the Ban on Non-Compete Agreements Amendment Act (the Act) on March 16, 2021, which broadly prohibits non-compete agreements and restrictions on moonlighting.United StatesEmployment and HRDavis+Gilbert LLP
ArticleAs Less Enforcement Leads To More Lawsuits, We Speak To Education Loan Finance On Ways Lenders And Servicers Can Avoid Future IssuesAlthough there's been much talk of an epic battle between states and the federal government that will determine the scope of federal preemption in the student loan space,United StatesFinance and BankingDavis+Gilbert LLP
ArticleDouble Trouble In Tricolor: Risks In Collateral MisrepresentationIn a troubling development for the broader subprime auto and asset-backed securities markets, several auto loans tied to Tricolor Auto were found to contain duplicate vehicle identification numbers (VINs)...United StatesFinance and BankingDavis+Gilbert LLP