On April Fool’s Day many years ago, an online gaming store modified its Terms of Use, adding the following clause: By placing an order via this Web site…, you agree to grant Us a non transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your [...]
Our office often receives scam trademark and corporate notices through the US Postal Service and email. Because of the prevalence of such scams, you should always read what appear to be official notices extremely carefully. Scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you do not send payment [...]
Oregon State Law Update Paid Leave Insurance Oregon’s new Paid Family and Medical Leave Insurance program allows workers in Oregon to take paid time off for family, medical, and “safe” leave. Safe leave is leave related to domestic violence, harassment, stalking, or sexual assault. Payroll contributions begin in January 2023, and workers will be able to apply for benefits in [...]
Part 1 (Federal Law) EEOC on Caregiver Duties In March, the US Equal Employment Opportunity Commission (EEOC) issued guidance on The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws. These guidelines remind employers that it is unlawful to discriminate against a person with caregiving responsibilities when the discrimination is based on an applicant’s or employee’s sex (including pregnancy, [...]
In March, the Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA. This guidance explains how businesses open to the public can ensure that their websites are accessible to people with disabilities as required by the Americans with Disabilities Act (ADA). The ADA requires businesses that are open to the public to provide equal enjoyment of their [...]
If you’re involved in a legal dispute, it’s important for you to understand how the money you might receive, whether as part of a settlement or as awarded by a court or arbitrator, will be taxed. The Internal Revenue Code states that all income—from whatever source derived—is taxable unless exempted by another section of the code. This means that unless [...]
Copyright Small-Claims Court As we discussed in a previous alert, the Copyright Alternative in Small-Claims Enforcement (CASE) Act, passed in 2020, created a Copyright Claims Board (CCB) within the US Copyright Office. This board, which will be similar to a small-claims court, will hear claims of copyright infringement, actions for declarations of noninfringement, and abuses of the Digital Millennium Copyright [...]
When you have a dispute with someone, your first thought may be, “I’ll sue that $#@*&^%!” but this may not be the best option. Litigation is a stressful, time-consuming, slow, and expensive way to resolve a dispute. This means that, even without all the slowdowns caused by the COVID-19 pandemic, settling a dispute is often preferable to resolving the matter [...]
Customer Reviews Last month, the Federal Trade Commission (FTC) settled charges it brought against Fashion Nova, LLC for engaging in deceptive practices by concealing negative customer reviews. The FTC alleged that the California-based online retailer represented that the product reviews on its website reflected the views of all reviewers, when in reality, it was hiding bad reviews. Fashion Nova used [...]
Oregon’s Workplace Fairness Act In late March, Governor Kate Brown signed into law a bill that amends Oregon's Workplace Fairness Act to further restrict what an employer is permitted to request in certain settlement or separation agreements with employees, effective January 1, 2023. Among other things, the Workplace Fairness Act (WFA) currently restricts employers from requesting confidentiality and non-disparagement provisions [...]
