New Developments in Business Law
Commercial law is constantly changing. Though it is impossible to list every major legal development in this area, the following are some of the items that we feel are particularly notable.
Recent Commercial Statutes and Regulations
California Enacts Digital Privacy Law
On June 28, 2018, California enacted a digital privacy law that contains a number of protections for consumers who utilize the Internet. Users have the right to control how a website collects their data and shares it. There are also remedies that will allow the users to require their information to be deleted and not tracked in the first place. The law goes into effect in January of 2020.
As of May 25, 2018, the European Union enacted the General Data Protection Regulation (GDPR). It contains a number of enhanced protections to protect those EU members who access websites, from having their personal information gathered and used without their consent.
EEOC Protected Activity Guidelines are Implemented
During the last year of the Obama administration, the Equal Employment Opportunity Commission issued guidelines relating to the types “protected activity” in which an employee can engage. The guidance can be found at this link. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm#Employer_Unaware. One of the notable aspects of this is that it expands the rights of employees to compare information relating to the terms of one another’s employment, including salary information. However, it remains to be seen whether the Trump administration will modify any of these guidelines.
Recent Commercial Cases
Arbitration Clauses and Class Action Waivers are Enforceable
The Supreme Court of the United States issued an opinion on May 21, 2018, entitled Epic Systems Corp v. Lewis, 584 U.S. (2018). The opinion upheld the enforceability of mandatory arbitration and class action waiver clauses in employment contracts. The text of the case can be found at the following link: https://www.supremecourt.gov/opinions/17pdf/16-285_q8l1.pdf
Sports Betting is Now Legal
The Supreme Court of the United States issued an opinion on May 21, 2018, entitled Murphy, Governor of New Jersey v. National Colligate Athletic Association, 584 U.S. (2018). In that case, the court held that the Professional and Amateur Sports Protection Act (PASPA) does not make sports betting a crime. The text of the case can be found at the following link: http://appellatelaw-nj.com/wp-content/uploads/2018/05/Murphy-v.-National-Collegiate-Athletic-Association.pdf
Other Legal Developments in Commercial Law
NJ Adopts eCourts Filing System
The Superior Court of New Jersey has adopted mandatory electronic filing in its Law Division, the trial court with general jurisdiction over damage claims. This system is being implemented on a county by county basis. The outline of the implementation plan can be found at the following link: https://judiciary.state.nj.us/notices/2017/n170608a.pdf
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