I Always Feel Like… My Boss is Watching Me!
Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers[1], National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo has released a new memorandum announcing her plan to address modern technology in the workplace.[2] Analogous to the EEOC, the General Counsel’s memo discusses…
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An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster
In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher, covered employers must display the EEOC poster, which explains employee rights to be free from discrimination under federal laws, in…
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NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness
The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth Circuit’s decision in favor of the plaintiff-class student-athletes, held, among other things, that the NCAA had violated antitrust law through…
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Timing is Everything: The Importance of Complying With the Plain and Unambiguous Terms of a Contract
The First Circuit recently opined on termination rights concerning a party’s right to terminate a stock sale, highlighting the importance of negotiating an agreement’s terms and fully understanding each party’s rights. In the decision, FinSight I LP v. Seaver, 50 F.4th 226 (1st Cir. 2022), the court ultimately concluded that the termination rights the defendants…
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Life May Not Be Fair, But Interested Party Transactions Should Be
Overview When a court reviews contested business transactions of a Delaware corporation, they typically rely on one of two standards of review: the “business judgment rule” or the “entire fairness standard.” The business judgment rule is the default standard of review, where the plaintiff has the burden of proof and which sets forth a presumption…
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Building Opportunities in the Bay State
The Commonwealth of Massachusetts is addressing the housing crisis in a unique way that may allow certain property owners close to public transit the opportunity to construct multi-family housing where it may not have been previously permitted. The Economic Development Bond Bill of 2021 creates a new Section 3A in the Commonwealth’s Zoning Act, General…
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Boo! Federal Data Privacy Laws May Come Soon and Businesses Can’t Hide
On September 1, 2022, the American Data Privacy Protection Act (“ADDPA” or the “Act”) was blocked from moving forward before the full U.S. House of Representatives. The ADPPA, which comes from the U.S. House Committee on Energy and Commerce, proposes legislation that would enact federal data privacy laws. But the ADPPA is currently in limbo…
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Naked Licensing: That’s Your Name, So Don’t Wear It Out
From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider different ways to develop its brand’s reach, such as expanding its market presence by allowing third parties to use, market, or…
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Here Comes the Sun: The Inflation Reduction Act Provides a Multitude of New Tax Incentive Opportunities for the Solar Industry
On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (“IRA” or the “Act”) into law. The IRA, which contains several energy-related tax credits and extends and modifies some existing credits in the Internal Revenue Code of 1986 (the “Code”), is aimed at boosting clean energy initiatives. Notably, the Act provides various…
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Apply Foundation To Your Privacy Policy Before You Become The Next Sephora
On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer specializing in personal care and beauty products, for failing to comply with the California Consumer Privacy Act (“CCPA”). The California Attorney General’s Office alleged that…
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