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Awuah v. Coverall: What, If Anything, Does the Dicta Mean for State Regulators?
The Awuah v. Coverall North America, Inc. case primarily involves the issue of whether “franchisees” in the Coverall system were, in reality, “employees” under Massachusetts law. In a recent opinion, the First Circuit addressed the issue of an arbitration clause in the parties' franchise agreements and whether it was unenforceable. See Awuah v. Coverall North America, Inc., __ F.3d __, 2012 WL 6699813 (1st Cir. Dec. 27, 2012). The franchisees/employees argued, among other things, that the clause was unenforceable because it was not displayed in a conspicuous manner. The court rejected this argument, stating:
Even if the district court had identified a principle of state law that imposed a special notice requirement before parties such as these could enter into an arbitration agreement, as it did not, such a principle would be preempted by the FAA. Id. at *7 (emphasis added).
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.