Alerts: Employment Law
Hiring: New Law Protects Unemployed Job Applicants
Beginning June 11, 2013, a new New York City law aims to prohibit employers from basing hiring decisions on an applicant's unemployment status. The new law, which amends the New York City Human Rights Law, also bars job advertisements that require applicants to be employed. New York City employers should note the change in the law and take steps to ensure their hiring policies and procedures are in compliance. Here's a summary. Read more.
April 8, 2013
In the Press: Praise
Frankfurt Kurnit Named One of the Hottest Midsize Law Firms in 2013
The National Law Journal included Frankfurt Kurnit in its coveted "Midsize Hot List" as one of the nation’s top firms. The list showcases 20 of the nation's top midsize law firms based on business strategies, clients, and firm success.
April 8, 2013
In the Press: Quoted
FTC: In Making Disclosures, Size Doesn’t Matter
Response Magazine quoted Jeffrey A. Greenbaum on the updated FTC Dot-com Disclosure Guides.
April 8, 2013
In the Press: Quoted
Young & Rubicam Refuses to Let Carter Murray Out of His Contract
AdWeek quoted Rick Kurnit in an article on best practices concerning notice periods. View Article
April 7, 2013
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In the Press: Quoted
Andrew Hurwitz in the Hollywood Reporter
Andrew Hurwitz was mentioned as the lawyer for Director, Tom McCarthy. Read more.
April 4, 2013
Alerts: Employment Law
New I-9 Forms Take Effect May 8
On March 8, 2013, the U.S. Citizenship and Immigration Services published a revised Form I-9 for use in verifying employment eligibility. Read more.
April 3, 2013
In the Press: Praise
Frankfurt Kurnit in Chambers 2013
For the ninth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Read more.
March 27, 2013
Published Articles
The Right of Publicity
The NYSBA Entertainment, Arts, and Sport Law Journal published Edward H. Rosenthal's article on the "Right of Publicity".
March 22, 2013
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Alerts: Intellectual Property Law
ICANN Introduces Trademark Clearinghouse to Protect Trademark Holders Online
Recent changes in available domain names may open up new possibilities for trademark infringement. Read more.
March 18, 2013
Alerts: Advertising Law
New FTC Guidelines on Digital Ads
Yesterday, the staff of the Federal Trade Commission issued new guidance to advertisers about how to make effective disclosures in digital advertising. Updating the 2000 "Dot Com Disclosures" guidance, the new guidance, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," addresses technological developments over the last 10+ years, including the increased use of smart phones for advertising and social media marketing. Read more.
March 13, 2013
In the Press: Quoted
FTC Updates Truth-in-Advertising Disclosures
Media Post Online quoted Jeffrey A. Greenbaum about warning advertisers to review how their websites function on mobile devices. View Article
March 12, 2013
Alerts: Employment Law
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries. Read more.
March 12, 2013
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In the Press: Quoted
Marketers Wait in Vain for Feds to Act on Regulation
Terri Seligman was quoted by Advertising Age on regulations by the Food and Drug Administration and Federal Trade Commission. View Article
March 11, 2013
Alerts: Advertising Law
NAD Decision Did Not Support Class Action Suit Against Bayer
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class action pile-on when engaging in cases at NAD. A recent court decision, however, may help to dampen the class action bar's interest in using the self-regulatory forum's decisions as a weapon. Read more.
March 8, 2013
Published Articles
Why Jewel V. Boxer is Wrong
The American Bar Association published Caren Decter and Ronald Minkoff's article on the impact of the Jewel v. Boxer. View Article
March 5, 2013
Alerts: Employment Law
Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week. Read more.
March 4, 2013
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Published Articles
Social Media Security
The Disciplinary Board of the Supreme Court of Pennsylvania's Attorney featured Nicole Hyland's article on the "Ethics of Social Media Use" in its newsletter.
March 1, 2013
Alerts: Employment Law
Was $70,000 Salary Reduction a “Constructive Termination” - or Did Employee Resign?
When an employment situation deteriorates, one high-stakes question is whether an employer will have to make a contractually guaranteed severance payment. Severance payments can be substantial. But an employer who takes the position an employee resigned and is not entitled to severance may find itself in an expensive litigation. Read more.
February 20, 2013
Alerts: Privacy & Data Security Law
FTC Releases Best Practices for Mobile Privacy and Fines Mobile Service Provider $800,000
The Federal Trade Commission issued a staff report on Friday recommending ways for participants in the mobile ecosystem to improve their mobile privacy disclosures. The report includes guidance tailored for key commercial players involved in the mobile area, including platforms (such as Apple's iOS and Google's Android), app developers, certain third parties (such as ad networks and analytics companies), and trade associations. Read more.
February 8, 2013
In the Press: Quoted
James Wolk To Co-Star In David E. Kelley CBS Comedy Pilot
Deadline listed Amy Nickin as counsel to James Wolk in his deal to co-star in Crazy Ones on CBS. View Article
February 7, 2013
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Alerts: Advertising Law
FTC Sanctions Ad Network for History Sniffing
In December, an FTC order barred Epic Marketplace, Inc. from continuing a practice known as history sniffing. The technology employed by the company allowed them to track sensitive information including certain medical and financial information for millions of consumers. Read more.
February 6, 2013
In the Press: Praise
Frankfurt Kurnit’s IP Chair Ranked One of 19 Top IP Attorneys
The BTI Consulting Group ranked Edward H. Rosenthal as one of 19 "Topflight IP Attorneys" for excellence in client service, based on a survey of 240 corporate counsel.
February 5, 2013
Alerts: Advertising Law
Court Invalidates Zappos’ Browsewrap Agreement
In early 2012, Zappos, a division of Amazon, was the victim of an enormous customer data breach affecting 24 million records. Class action attorneys filed cases against the online shoe retailer citing multiple breaches of contract and privacy violations. Zappos' Terms of Use contained an arbitration provision, which may have saved the company from the plague of the class action bar, but it didn't. Read more.
January 17, 2013
Alerts: Advertising Law
Steps To Consider As SAG-AFTRA Contract Expiration Nears
As we enter the new year, agencies and brands have no doubt heard lots of talk about the impending March 31, 2013 expiration of the SAG commercials contract, AFTRA commercials contract and AFTRA radio contract, and the potential for a strike. What are the implications of this deadline, and what can advertisers do now to prepare? Read more.
January 15, 2013
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Alerts: Privacy & Data Security Law
A Public Privacy Fight: California Sues Delta for Failing to Include Privacy Policy in Mobile App
Delta Airlines was not first in flight but it did achieve a different first last month when the California Attorney General sued the company for alleged violations of a never-before-litigated state privacy law, the California Online Privacy Protection Act. Read more.
January 14, 2013