On August 10, 2018, Massachusetts Governor Charlie Baker signed the Massachusetts Noncompetition Agreement Act (the "Act"), which sets forth new restrictions and requirements for non-compete agreements entered into on or after October 1, 2018. Key provisions are discussed below. Garden leave. The Act makes Massachusetts the first state in the...
As companies increasingly strive to improve diversity in their workforce, employers are implementing various tactics in an attempt to make these goals a reality. One recent trend has been tying manager performance reviews and bonuses to achievements in diversity hiring. While such policies may be an effective method for companies...
RPJ Partner Nicole Page was quoted in “Time's up: Legal, judicial systems slow to adapt to sexual harassment and assault issues,” an in-depth article appearing in the June 2018 issue of the ABA Journal. The full text of the article is available here, and will appear in the Journal's June 2018 print...
In a 7 to 2 decision, the United States Supreme Court sided with baker Jack Phillips in finding that the Colorado Civil Rights Commission violated the Constitution’s protection of religious freedom when it found Phillips’ refusal to bake a wedding cake for a gay couple in 2012 to be against...
This week, internet users around the world received a flood of e-mails and notifications from companies with updates and changes to their respective privacy policies. The May 25, 2018, deadline to comply with Europe’s new General Data Protection Regulation (GDPR) has prompted companies with any kind of web presence –...
In an important employment and labor law decision, the U.S. Supreme Court ruled today that employment agreements waiving class action claims and requiring employees to arbitrate claims on an individual basis are enforceable. Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas and Alito, wrote for the majority...
By Deena R. Merlen and Allison M. Grein As the #MeToo movement sweeps the nation, a number of new laws in New York State and New York City have recently been enacted to provide greater protection against workplace sexual harassment. The “Stop Sexual Harassment in NYC Act” was signed into...
Last November, Sold Magazine published an article about graffiti as artwork and the 5Pointz art space and trial. Sold had asked RPJ Partner Mark H. Moore to explain the application of the Visual Artists Rights Act to graffiti art and, more specifically, developments in the Cohen et al v. G&M Realty...
In a closely watched case involving New York’s statutory right of privacy, New York’s highest court shot down Lindsay Lohan’s claim that she was featured in the “Grand Theft Auto V” (“GTAV”) video game without permission. The former child star, now 31, argued that “Lacey Jonas,” a “really famous” “actress...
On March 21, the Court of Appeals for the Ninth Circuit upheld a jury verdict that found that Robin Thicke’s and Pharrell Williams's “Blurred Lines,” the number one song in the world in 2013, infringed the copyright in Marvin Gaye’s 1977 song “Got to Give It Up.” Although the Ninth...