Blog

The Benefits and Risks of Running a Business Remotely

With the coronavirus crisis fully underway, more and more businesses are having their employees work remotely from home. In the immediate sense, this has the benefit of protecting business owners, employees, customers and clients from exposure to the coronavirus, limiting the spread of the disease. However, there are other potential benefits, as well as risks, that business owners should be aware of as they transition to remote work. Continue reading “The Benefits and Risks of Running a Business Remotely”

Ways You Can Prepare Yourself During the Coronavirus Crisis

Everyone is understandably worried about how the coronavirus can impact them and their loved ones. While taking protective measures to prevent the spread of the coronavirus, such as washing your hands and socially isolating yourself, you also need to prepare for the possibility that you or someone you love will catch the disease. Here are a few things you can do to prepare yourself for the possibility that you’ll contract the coronavirus: Continue reading “Ways You Can Prepare Yourself During the Coronavirus Crisis”

PETA and Beyond Meat Face TCPA Suit

The nonprofit animal rights group People for the Ethical Treatment of Animals (PETA) and the vegetarian meat substitute manufacturer Beyond Meat may seem like odd bedfellows at first glance, but they both share an interest in getting people to eat less meat and more vegetarian products and have teamed up to that end. However, their efforts may have put them in violation of the Telephone Consumer Protection Act of 1991 (TCPA). Continue reading “PETA and Beyond Meat Face TCPA Suit”

Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit

In a case likely to have ripple effects across the industry, the Second Circuit of the United States Court of Appeals has ruled that a mandatory “delivery fee” was not a gratuity under New York State Law. This ruling may significantly impact delivery services throughout the state, who in some cases have been significantly underpaying delivery people on the basis of a “delivery fee” they received. Companies employing delivery people will need to reexamine their pay structure and compensate employees for lost wages. Continue reading “Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit”

Mandatory Arbitration Clause Backfires Against DoorDash

A mandatory arbitration clause placed into its employment contracts may have backfired for DoorDash, the on-demand food preparation and delivery service. DoorDash put the clause into the contract to avoid class and collective action suits by its employees, forcing the employees into private arbitration instead. However, as a result, DoorDash may now be financially responsible for the costs of more than 5,700 individual arbitrations, bound by that same arbitration clause. Continue reading “Mandatory Arbitration Clause Backfires Against DoorDash”

Explaining the Telephone Consumer Protection Act (TCPA)

Most people have had to deal with the irritation of “robocalls,” phone calls that are made by automated systems, usually for the purposes of marketing or political advocacyNew York business lawyer. Robocalls became so prevalent for a time that many asked Congress to ban them, or at least to regulate their use. To that end, Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, which has remained a source of litigation ever since. Continue reading “Explaining the Telephone Consumer Protection Act (TCPA)”

Downloading App Is Not Constructive Notice of Terms and Conditions

The Ninth Circuit Court of Appeals has ruled that simply downloading an app onto your smartphone does not constitute constructive notice of the app’s terms and conditions. The case may have a significant impact on many app developers, who do not always put their terms and conditions in an easily accessible spot, but nevertheless hold their customers to those terms. As a result, app developers may be more legally exposed than they realize. Continue reading “Downloading App Is Not Constructive Notice of Terms and Conditions”

Ericsson Pleads Guilty to FCPA Violations in $1 Billion Settlement

Swedish telecom giant Telefonaktiebolaget LM Ericsson has pleaded guilty to violating the Foreign Corrupt Practices Act (FCPA), in a $1 billion settlement with the United States Department of Justice (DOJ). The settlement relates to a series of improper payments made by Ericsson to foreign officials around the world, as well as attempts to cover up those payments. Additionally, a subsidiary of Ericsson, Ericsson Egypt Ltd., also pleaded to additional charges. Continue reading “Ericsson Pleads Guilty to FCPA Violations in $1 Billion Settlement”

Medical Manufacturer Settles Whistleblower Suit for $37.5 Million

A California-based manufacturer of durable medical equipment (DME) has settled a lawsuit brought against it by the Department of Justice (DOJ) for $37.5 million. The suit accused the company of violating the Anti-Kickback Statute of the False Claims Act, alleging they had paid money, and offered other incentives, to those that offered their equipment. The suit came about due to whistleblowers at the company reporting their practices to the DOJ, and a part of the settlement is directed to redressing whistleblower grievances. Continue reading “Medical Manufacturer Settles Whistleblower Suit for $37.5 Million”

CDC Issues Guidance That Coronavirus Does Not Justify Discrimination

The Centers for Disease Control and Prevention (CDC) has issued legal guidance with respect to people’s reactions to the outbreak of the coronavirus in China. Namely, they wish to remind businesses that Title VII of the Civil Rights Act prohibits discrimination on the basis of national origin and race, and that such rules are still in effect. In particular, they want to emphasize that the coronavirus can infect anyone, and people of Asian descent should not be singled out as being more likely to carry the disease. Continue reading “CDC Issues Guidance That Coronavirus Does Not Justify Discrimination”