Tag Archives: litigation alert

ILN Today Post

Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore

On May 31, 2017, the Second Circuit revived discrimination claims against two out-of-state, non-employer companies for alleged violations of New York State’s Human Rights Law (NYSHRL). In Griffin v. Sirva, Inc., the Second Circuit ruled that the trial court’s reasons for dismissing the claims conflicted with the guidance and authority that the New York Court of Appeals recently provided on the scope of the NYSHRL, which is likely to have a significant impact on who current and former employees sue for discrimination under New York law.

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ILN Today Post

Enforcing Restrictive Covenants Against Employees Discharged Without Cause

Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause? According to two recent court decisions: yes and no.

The traditional view had been that employers could not enforce post-employment restrictive covenants against employees discharged without cause. In 2012, however, the U.S. Court of Appeals for the Second Circuit in Hyde v. KLS Prof’l Advisors Group, LLC suggested that even when an employer discharged an employee without cause, the enforceability of a restrictive covenant should be analyzed under BDO Seidman’s reasonableness test which courts apply in determining the enforceability of restrictive covenants against employees who voluntarily resigned or were terminated for cause.

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ILN Today Post

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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