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  • Article

    ADA & Website Compliance >> Lawsuits By The Disabled Against Websites Spike

    2018 saw a nearly 200% increase in the number of lawsuits targeting websites and mobile apps for their alleged failure to comply with Title III of the Americans with Disabilities Act.
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Advertising, Marketing & Promotions: 2015 Lessons Learned, 2016 Practical Tips - FDA >> FDA Scrutinizes Cosmetics Claims, Continues To Evaluate Imports

    The Food and Drug Administration (FDA) continued to exercise its increasingly conservative approach to cosmetics claims by issuing numerous warning letters to cosmetics companies and continuing to carefully scrutinize imported products.
    United StatesFood, Drugs, Healthcare, Life Sciences
Davis+Gilbert LLP
Davis+Gilbert LLP
  • Article

    New York State Expands Lactation Accommodations For Employees

    On June 7, 2023, recent amendments to the New York Labor Law will take effect and provide expanded protections for nursing mothers. The new requirements largely mirror already existing...
    United StatesGovernment, Public Sector
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Patents >>Supreme Court Seeks To Curb The Worst Abuses Of The Patent System

    Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken.
    United StatesIntellectual Property
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Litigation Alert >> Internet Retailers Beware: NJ Truth-In-Consumer Contract, Warranty And Notice Act Impacts Online Terms And Conditions

    New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey's broader consumer protection laws is the Truth-in-Consumer Contract...
    United StatesLitigation, Mediation & Arbitration
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    NAD Action Requiring The Kardashians And Fit Tea To Disclose Their Connections In Social Media Posts

    As part of its ongoing monitoring program, the NAD reviewed endorsements by Kourtney and Khloe Kardashian and Kylie Jenner that failed to disclose that they were paid...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    New York Attorney General Settles With Medrite And Carmel Over Paid Online Consumer Reviews

    MedRite Urgent Care and Carmel Car & Limousine Service have settled with the New York State Office of the Attorney General over claims that they paid or incentivized customers to post positive reviews...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Don't Smile At The Camera — New Biometric Data Laws

    Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition ...
    United StatesPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    New York City's "Guaranty Law" Remains Legal — For Now

    When the COVID-19 pandemic struck in 2020, it brought New York City to a standstill. In response to the worsening pandemic, then Gov. Andrew Cuomo passed a series of Executive Orders mandating the...
    United StatesReal Estate and Construction
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    FTC Warns Marketers On AI Claims In Advertising

    As anticipated in our earlier alert, artificial intelligence (AI) is proving to be a hot term for marketers in 2023. As AI's popularity expands in marketing, questions remain...
    United StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Private Litigation Proliferation In Crypto World

    In recent months, SEC Chair Gary Gensler has referred (on more than one occasion) to crypto as the "Wild West." As cliché as that may sound, the shoe, or boot, seems to fit quite well.
    United StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Wait, There's A Catch — Rule 40 Personal Sponsor Commitment Issued Ahead Of 2020 Tokyo Olympics

    Following the revision of the Rule 40 Advertising Guidelines (Guidelines), the United States Olympic & Paralympic Committee (USOPC) ...
    GlobalMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    European Commission Adopts Revisions To Standard Contractual Clauses

    The European Commission (Commission) issued updated Standard Contractual Clauses (SCCs) on June 4, 2021. The long-awaited announcement follows a 2020 decision by the EU's highest court to overturn the EU-US Privacy Shield ...
    GlobalPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    When An Act Is Not A Disclosure, States Win The Preemption Battle

    Like Ali v. Frazier II and III, it's not much of a rivalry if one side keeps winning the decision.
    United StatesConsumer Protection
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Employment Litigation Alert >> Employers Risk FMLA Claims For Terminating Employees Whose Unexplained Absences May Be Medically Related

    On March 14, 2019, a federal court in Pennsylvania issued a noteworthy decision that should remind employers to ask if an employee's unexplained absences may be due to medical reasons.
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Litigation Alert >> Aiding And Abetting Discrimination — Not Just For Employers And Supervisors Anymore

    On May 31, 2017, the Second Circuit revived discrimination claims against two out-of-state...
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Oh, The Indemnity! Claims For Reimbursement May Follow RMBS Litigation Settlements

    Payments in connection with settlements and verdicts may signify the beginning of a new six-year period under New York law to bring indemnity claims.
    United StatesFinance and Banking
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Appeals Court Enforces Arbitration Clause In Hyperlinked Terms & Conditions

    In an important decision concerning the enforceability of an arbitration clause included in a mobile app's Terms of Service, the federal appeals court in New York recently found ...
    United StatesLitigation, Mediation & Arbitration
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Are AI Chatbots Protected By The First Amendment? One Federal Court Is Skeptical

    A federal judge in Florida allowed most of the claims to go forward in a lawsuit accusing Character Technologies of causing a 14-year-old's death after he became addicted to an artificial intelligence chatbot...
    United StatesLitigation, Mediation & Arbitration
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Advertising, Marketing & Promotions Alert >> FTC Brings Action Against PR Agency And Publisher For Misleading Online Endorsements And Deceptively Formatted Advertising

    The Federal Trade Commission (FTC) announced a settlement with a public relations agency and its chief executive officer, as well as a magazine publisher and its sole owner,
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP

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