Legislation, Regulation Posts

The FTC Kills Noncompetes

Apr 30, 2024

The FTC Kills Noncompetes

In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses.  Approximately 30 million Americans currently work under a non-compete clause.  All but a few applicable to senior executives will be void upon the effective date of the…

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Apr 1, 2024

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups,…

Major Developments on the Horizon for Bankruptcy Law

Nov 16, 2023

Major Developments on the Horizon for Bankruptcy Law

The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition…

California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling

Sep 27, 2023

California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling

As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best…

District Court Rules that Robots Can’t Hold a Copyright

Sep 14, 2023

District Court Rules that Robots Can’t Hold a Copyright

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be…

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

Jun 23, 2023

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law…

Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks

May 18, 2023

Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks

When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also…

For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

May 15, 2023

For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law

Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these…

A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform

May 3, 2023

A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform

Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were…

Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

Apr 6, 2023

Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks

Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly…