News & Analysis as of

Class Action › Disclaimers

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Fisher Phillips

Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance

Fisher Phillips on

In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications. A relatively obscure state...more

Klein Moynihan Turco LLP

Is a Bitcoin Sweepstakes Promotion Legal?

Klein Moynihan Turco LLP on

Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event...more

Perkins Coie

The Ninth Circuit Addresses Website Design for Enforceable Terms of Service

Perkins Coie on

Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms...more

King & Spalding

Pokémon Go Faces More Criticism

King & Spalding on

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Ballard Spahr LLP

Sharp Increase in NJ Consumer Class Actions as Company Websites Targeted

Ballard Spahr LLP on

A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous...more

Miles & Stockbridge P.C.

Disclaimer in Top-Hat Plan Could Save Millions for Employer

Miles & Stockbridge P.C. on

Do you have a top-hat plan? That’s a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees...more

Morrison & Foerster LLP - Social Media

Court Finds Uniform Commercial Code Applies to Commoditized Software

Morrison & Foerster LLP - Social Media on

We’ve all seen the ads on the Internet—computer-optimization software designed to make your old PC operate like it’s brand new. Many consumers see these advertisements and, frustrated with the performance of their computers,...more

Orrick - Employment Law and Litigation

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

Orrick - Employment Law and Litigation on

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...more

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