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|Protecting Your Business’s Reputation on the Internet|
Jennifer L. Eaton; Vandeventer Black LLP;
February 12, 2016, previously published on January 2016The internet is a helpful resource to promote your business, but it can also be a way for unsatisfied customers, disgruntled former employees, fake reviewers, and competitors to tarnish your business reputation.
|The Investigative Authority of the New York Attorney General Is Not Without Its Limits|
Robert W. Gaffey, Harold K. Gordon; Jones Day;
February 11, 2016, previously published on February 2016Much press ink has been spilled announcing yet another investigation or enforcement action by the New York Attorney General, ranging from Attorney General Spitzer’s actions against major Wall Street financial institutions and their executives, to Attorney General Cuomo’s actions against...
|Privacy Shield Replaces EU-US Data Transfer Agreement|
Kenneth Mullen; Withers Bergman LLP;
February 11, 2016, previously published on February 3, 2016The EU and US have agreed a new arrangement, labelled the 'Privacy Shield', to enable the transfer of data between both regions. The new agreement replaces the 'Safe Harbour' deal, which was struck down by the European Court of Justice in October 2015.
|Federal District Court Holds that Delay Damages are Not Allowed in Breach of Contract Action of Both Parties Contributed to the Delay and There is No Clear Proof of Apportionment.|
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
February 11, 2016, previously published on Fall/Winter 2015Claims for “delay damages” frequently arise when a contractor believes that its performance of contractual obligations is delayed for reasons outside the contractor’s control. A common defense to such claims is that the contractor also has some responsibility for the project...
|The Japanese Class Action System will Come into Force on October 1, 2016|
Harukuni Ito, Kyosuke Katahira, Yuichiro Mori, John C. Roebuck, Takako Yako; Jones Day;
February 11, 2016, previously published on December 2015/January 2016On November 11, 2015, a cabinet order setting the effective date of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers ("the Act") was promulgated. As a result, the Act will come into force on October 1, 2016.
|Wendy’s is the Latest Company to Experience a Data Incident|
Sherri Krause; McDonald Hopkins LLC;
February 11, 2016, previously published on February 2, 2016Wendy’s is the latest to experience a data security incident and currently is investigating possible breach of its point of sale system resulting in the theft of customer credit and debit card information. Wendy’s states it received notice in January 2016 from payment industry contacts...
|BGH: Fruit Juice Can Be Promoted with Description “Lernstark”|
Michael Rainer; GRP Rainer LLP;
February 11, 2016, previously published on February 8, 2016In its judgment of December 10, the BGH ruled that statements such as “lernstark” (fast learner) and “Mit Eisen zur Unterstützung der Konzentrationsfähigkeit” (with iron to promote concentration) are permissible on foodstuffs (I ZR 222/13).
|A Systematic Plan for Debt Collection by Agribusinesses|
Scott A. Chernich, Patricia Joan Scott; Foster, Swift, Collins & Smith, P.C.;
February 10, 2016, previously published on January 29, 2016There is nothing quite like a big sale to a new customer - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.
|Employee or Independent Contractor?|
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
February 10, 2016, previously published on January 29, 2016If you have someone work for you, then you, the employer, need to determine whether you have hired an “independent contractor” or an “employee.” “Classification” is the term employment lawyers use to sort out whether the worker is an employee or an independent...
|10 for 2016 on Data Privacy|
Jason C. Gavejian, Joseph J. Lazzarotti; Jackson Lewis P.C.;
February 9, 2016, previously published on January 28, 2016In honor of Data Privacy Day, we offer the following “Top 10 for 2016,” a list of critical areas in data privacy that businesses should know about. These are intended to help inform businesses about data privacy and security and the steps they can take to protect the information they...