Legal Updates

Landowners are Also Consumers Qua the Builders: Supreme Court

  1. Introduction

The Supreme Court of India (“Supreme Court”) has recently laid down in Bunga Daniel Babu v. M/s Sri Vasudeva Constructions[1] (Casethat a land owner (“Appellant”) who entered into a Memorandum of Understanding (“MoU”) with a builder (“Respondent”) for development of his land by construction of a multi-story building, will be deemed to be a consumer within the definition of Section 2(1)(d) of the Consumer Protection Act, 1986 (“CPA”) despite the rider inserted by the amendment in 2002 thereto whereby the definition of consumer was amended to exclude from its purview any person who avails services for any commercial purpose. 

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Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions

New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey’s broader consumer protection laws is the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). While this statute is not new, of late it has become a favorite tool of plaintiffs’ counsel in fashioning class action complaints seeking potentially staggering damages awards.

Recent cases under the TCCWNA have targeted various terms and conditions that retailers seek to impose for transacting business on their websites, such as contractual limitations of liability and waivers of consumers’ rights to recover attorneys’ fees. In light of the liberal construction courts and commentators alike have given the TCCWNA, retailers doing business over the Internet need to be particularly mindful of their online terms and conditions, which, if not carefully constructed, could expose those companies to expensive litigation.

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FTC maintains scrutiny over marketers’ use of online influencers

Continuing its increased scrutiny over online endorsements, last month the Federal Trade Commission settled with Warner Bros. Home Entertainment over claims that it failed to disclose that it paid various prominent YouTube influencers to promote the video game Middle Earth: Shadow of Mordor.

This high-profile settlement demonstrates that the FTC will continue to make this a priority with more enforcement actions expected. Marketers and public relations firms should pay close attention to the FTC’s recent guidance to ensure paid endorsers are making adequate disclosures and being properly monitored.

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What the NLRB’s Ruling That Graduate Teaching Assistants Are Employees, With the Rights to Organize and Bargain Collectively Means for Employers

The National Labor Relations Board (NLRB or Board) has ruled that graduate teaching assistants, i.e. graduate students who provide instruction and assist faculty with research as part of their own post-graduate education are “employees” within the meaning of the National Labor Relations Act (NLRA or Act), and thus have the right to join unions and engage in collective bargaining with the universities and colleges where they study.

For those who follow the Board, the 3-1 decision in Columbia University in, 364 NLRB No. 90 (2016) should come as no surprise. This past January, following a Regional Director’s Decision dismissing the representation petition filed by Graduate Workers of Columbia-GWC, UAW, (UAW or Union) because she found that under Board law, the graduate teaching assistants and research assistants the union sought to represent, were not employees as that term has been defined under the Act, but rather were students.

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HHS Telehealth Report To Congress: A Window Into Agency Thinking

Capitol%2034397155_jpgAs requested by Congress as part of an appropriations bill signed into law late last year, this month, the Department of Health and Human Services (HHS) released a report highlighting its e-health and telemedicine efforts.  The report makes for interesting reading, and while there are no significant surprises in the report, it offers a clear snapshot of some of the agency’s thinking regarding virtual care.

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Legal Updates 2016-08-23 17:00:00

On 03.08.2016 the Federal Tax Service of the Russian Federation (hereinafter – “the FTS”) issued two documents:

  • Letter of the FTS N GD-4-14/14127@ dated 03.08.20161;
  • Letter of the FTS N GD-4-14/14126@ dated 03.08.20161.

These documents were adopted in continuation of the earlier launched initiative of the FTS on scrutiny of information about organizations contained in the Unified state register of legal entities (hereinafter – “EGRUL”) the groundwork for which was set forth in a Decree of the FTS N ММВ-7-14/72@ dated 11.02.2016.

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New Illinois Law Provides For Unpaid Child Bereavement Leave

Kellie Chen Kellie Y. Chen

On July 29, 2016, Governor Rauner signed the Child Bereavement Leave Act (the “Act”), making Illinois one of only two states (Oregon being the first in 2014) to require covered employers to provide unpaid leave in the event of the death of an employee’s child.  The Act, effective immediately, requires employers with 50 or more employees to provide employees with up to two weeks (10 working days) of unpaid leave, also known as child bereavement leave.

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Committeeship Applications: the Uragi Case

A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or financial decisions for an adult person (the patient) who is mentally incapable and cannot make those decisions for him or herself. The first stage in the application process is determining on the medical evidence whether the person is incapable. The second stage concerns who ought to be appointed as the person’s committee.

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Income from transfer of a foreign owned intellectual property – is it taxable in India?

Taxability of income arising out of sale and purchase transactions undertaken internationally has been a matter of debate for long in India. Foreign collaborators and investors have been strongly campaigning for clarity on their tax liabilities under Indian tax regulations for transactions undertaken outside the taxable territories of India.

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Data: It Is Lurking Everywhere, Especially in the Shadows

For years, companies have been struggling to understand the multitude of locations where their data resides. From traditional employment files with embedded Social Security numbers, to new-aged hiring software with videos of job applicants, and enterprise software used to facilitate employee communications, controlling employee, customer, and corporate data is, to say the least, a logistical challenge. One of the newest entries into the mix is the increased use of ShadowIT and cloud-based storage systems.

ShadowIT involves workers’ use of unsanctioned products and applications to perform the work of the business enterprise. In other words, ShadowIT occurs when employees use their personal emails and applications, such as a cloud-based storage system, instead of company-approved solutions. According to a recent survey, about one-third of IT use is considered ShadowIT.

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