North America

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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Shutts & Bowen Named Among “Best Places to Work in Central Florida” by Orlando Sentinel

On Friday, August 19, Shutts & Bowen’s Orlando office was named among the Top 10 Best Places to Work in Central Florida in the Orlando Sentinel’s Top 100 Companies 2016. James Willard, Managing Partner of the Orlando Office, accepted the award on behalf of Shutts & Bowen.

Shutts was placed in the Large Company category with other prestigious organizations such as Florida Hospital, Orlando Health and the Orlando Magic. Shutts also placed highest among all law firms in this category.

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Sixty Shutts & Bowen Attorneys Listed in The Best Lawyers in America 2017

Shutts and Bowen is proud to announce that 60 lawyers were recently selected by their peers for inclusion in The Best Lawyers in America® for 2017. West Palm Beach partner Raymond Royce was also selected as Lawyer of the Year in the Real Estate Law category. Joining the Best Lawyers list for the first time is J. Gregory Humphries in the area of Corporate Law.

Following is a list of the attorneys named and the areas in which they are recognized:

Fort Lauderdale

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Shutts & Bowen Welcomes Five New Attorneys

Shutts & Bowen LLP is pleased to announce the addition of five new attorneys to the firm. These new hires bring a diverse range of legal experience to support our more than 30 practice areas.

Amanda B. Buffinton (Partner, Tampa) is a member of the Construction Litigation Practice Group. A Martindale-Hubbell AV® Preeminent™ rated attorney, Amanda is also Board Certified in Construction Law by the Florida Bar. She has extensive experience representing clients in both state and federal court for matters involving construction disputes, professional liability claims, including the defense of design professionals, contract disputes and commercial lending and banking disputes.

 

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Best Lawyers in America – All Lawyers Report

San Francisco, August 18, 2016: Shartsis Friese is proud to announce the following lawyers have been chosen by Best Lawyers in America for 2017.

BET-THE-COMPANY LITIGATION
San Francisco, CA
Arthur J. Shartsis
Joel Zeldin

COMMERCIAL LITIGATION
San Francisco, CA
Robert E. Schaberg
Arthur J. Shartsis
Joel Zeldin

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The Impact of the EU Succession Regulation on Canadians

A commentary by Marilyn Piccini Roy, Ad. E., from our Business Law Group.

August 24, 2016 — Do you own assets in Europe — even mere joint ownership in an apartment? Are you likely to be transferred there by your employer for a few years? In either case, a new European Union Regulation could have sweeping impact on your estate, triggering the need to amend your will.

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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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5th Edition of Employment Law Toolkit for Illinois Employers is Now Available

Employment Law ToolkitArnstein & Lehr LLP Chicago Partner, E. Jason Tremblay, has published the 5th Edition of his book entitled “Employment Law Toolkit for Illinois Employers – How to Protect Your Business From Liability and Comply with State and Federal Employment Laws.”

This 182-page book provides an excellent summary of federal and state employment and labor laws facing employers. It also serves as an excellent resource for employers, business professionals and entrepreneurs to protect themselves from employment and labor-related liability. Among other topics in this new edition of the Toolkit are trending topics such as the updated Fair Labor Standard Act regulations, restrictive covenant law developments, worker classification issues, as well as a wide range of other legal topics impacting employers in today’s litigious environment. 

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