It is common in agreements of all kinds to see a clause where a party that is providing a product or service disclaims any liability for “consequential damages.” These clauses frequently are glossed over. They may be passed off as “standard” and part of “our normal...
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, could potentially invalidate and largely prohibit the use of employee non-competes in the U.S. Currently, some estimate that non-compete agreements bar about 30...
On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Rule 10b5-1 provides an affirmative defense to insider trading liability for individuals...
To ensure workforce safety and security, many employers routinely conduct background checks on candidates for employment. However, these seemingly protective actions can expose employers to significant litigation risk if done incorrectly. In fact, if you are thinking...
When it was first established in 2003, the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information — the Safeguards Rule — set out to ensure that covered entities maintained the security of customer information. As part of the larger 1999...
In 2019, the New York Legislature strengthened its commitment to keeping New Yorkers’ personal information safe and secure. That year, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act became law. This new consumer privacy law was put in place to...
