Fairfield Connecticut Building Expert Directory

It's a Wrap! Enforcing Online Agreements in Light of the CPRA

March 08, 2021 — Kyle Janecek – Newmeyer Dillion
We're all familiar with it at this point. A popup comes up on your device informing you of a change to terms and conditions, or otherwise asking for permission. For those operating websites, they know that this inconvenience is required to comply with various legal requirements. What they may not be aware of yet, is that these requirements, and popups, are about to become much, much, more prevalent. Recently, the California Privacy Rights Act ("CPRA"), passed by the voters of the State of California, includes new language specifying how consent is supposed to be obtained for the collection of personal information, amending the California Consumer Privacy Act ("CCPA"). This new manner of consent rules out browsewrap agreements, and would require that popups increase as website operators shift focus to clickwrap agreements, if they have not already. Browsewrap and Clickwrap Typically, online agreements comprising Terms of Service or a Privacy Policy can be broken into either (a) browsewrap agreements - agreements that imply assent or agreement to online terms by the mere act of using a website or an online service after a clear and conspicuous notice that terms exist or (b) clickwrap agreements - agreements that show assent or agreement to online terms by having an individual click or otherwise agree to. While the best option to ensure enforceability is always the one that leaves the most documented signs of assenting to terms (i.e. a clickwrap agreement), both are typically recognized and enforced under California law. The practical effect of this is that to get consent, all that is technically needed is either to (a) show actual consent by having the person click on an "I agree" button, or (b) provide that the website visitor had ample notice that terms existed. Read the court decision
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Reprinted courtesy of Kyle Janecek, Newmeyer Dillion
Mr. Janecek may be contacted at kyle.janecek@ndlf.com

Moving Toward a Telework Future: A Checklist of Considerations for Employers

July 27, 2020 — Daniel F. Fears & Raymond J. Nhan - Payne & Fears
Businesses contemplating moving to a virtual workplace in this post-COVID-19 world must consider the legal ramifications of such decisions. Virtual workplaces may provide businesses with many benefits, such as cost savings, access to a more geographically diverse worker pool and the possibility of more flexible employment relationships. But a virtual workplace may also include hidden employment-related issues, costs, and traps. This is especially so for California-based companies. This article identifies some of the significant employment-law issues related to transitioning to a virtual workplace. Specifically, this article analyzes three scenarios: (1) employers seeking to have their workers continue working from home; (2) workers desiring to continue working from home — and specifically, seeking to work outside of California; and (3) the hiring of new employees. Reprinted courtesy of Daniel F. Fears, Payne & Fears and Raymond J. Nhan, Payne & Fears Mr. Fears may be contacted at dff@paynefears.com Mr. Nhan may be contacted at rjn@paynefears.com Read the court decision
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Lien Actions Versus Lien Foreclosure Actions

June 02, 2016 — David R. Cook Jr. – AHHC Construction Law Blog
The lawsuits required to perfect and foreclose upon a lien have confused lien claimants and their attorneys for years. This confusion was recently demonstrated in a recent case entitled Founders Kitchen and Bath, Inc. v. Alexander, No. A15A1262, 2015 WL 6875026 (Ga. App. 2015). In the case, the trial court granted an owner’s motion for summary judgment against a subcontractor that sought to foreclose on its materialman’s lien. In deciding to reverse the trial court’s decision, the Court held that issues of material fact still existed as to whether the owner and subcontractor were in privity of contract. Read the court decision
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Reprinted courtesy of David R. Cook Jr., Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Claims for Negligence? Duty to Defend Triggered

July 09, 2019 — Michael S. Levine & Adriana A. Perez - Hunton Andrews Kurth
On June 17, 2019, the First Circuit held that an insurer’s duty to defend was triggered because the underlying complaint set forth claims that required a showing of intent as well as claims that sought recovery for conduct that “fits comfortably within the definition of an ‘accident.’” In Zurich American Ins. Co v. Electricity Maine, LLC, Zurich sought declaratory judgment that, under a D&O policy, it had no duty to defend the insured, Electricity Maine, an electrical utility company being sued in the underlying class action. Zurich argued it had no duty to defend because the underlying complaint failed to allege that Electricity Maine engaged in conduct that qualified as an “occurrence” or that caused “bodily injury” under the terms of the policy. The First Circuit disagreed. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Adriana A. Perez, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Perez may be contacted at aperez@HuntonAK.com Read the court decision
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Insurer Need Not Pay for Rejected Defense When No Reservation of Rights Issued

November 08, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The Massachusetts Appeals Court reversed the trial court's order that defense costs be paid for a period during which the insured rejected the defense even though no reservation of rights was issued. OneBeacon Am. Ins. Co. v. Celanese Corp., 2017 Mass. App. LEXIS 140 (Mass. App. Ct. Oct. 16, 2017). Celanese was sued over many years for claims of bodily injury due to asbestos and chemicals allegedly contained in its products and facilities. For many years, Celanese had an agreement with its insurer, OneBeacon, for defense cost-sharing. In April 2009, Celanese terminated this agreement and demanded that OneBeacon defend the cases under the policies previously issued. OneBeacon agreed to defend without a reservation of rights. OneBeacon also agreed to waive any issues of coverage and to indemnify Celanese from any settlements of judgments up to ts full liability limits. However, OneBeacon also sought to assume full control of the defense of claims against Celanese. Read the court decision
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Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Trio of White and Williams Attorneys Named Top Lawyers by Delaware Today

January 06, 2020 — John Balaguer, FACTL, Stephen Milewski, & Dana Monzo - White and Williams
White and Williams is pleased to announce that John Balaguer, Managing Partner of the Wilmington office, Partner Stephen Milewski, and Counsel Dana Spring Monzo have been chosen by their peers as Delaware Today's 2019 "Top Lawyers." The annual list recognizes John, Steve and Dana in the practice area of Medical Malpractice, Defense. Delaware Today conducts an annual survey of the 4,900 members of the Delaware State Bar Association to identify top lawyers in specific practice areas. The magazine’s editors compile the results to create the annual Top Lawyers list, which is published in the November issue. Reprinted courtesy of White and Williams attorneys John Balaguer, Stephen Milewski and Dana Monzo Mr. Balaguer may be contacted at balaguerj@whiteandwilliams.com Mr. Milewski may be contacted at milewskis@whiteandwilliams.com Ms. Monzo may be contacted at monzod@whiteandwilliams.com Read the court decision
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Fla. Researchers Probe 'Mother of All Sinkholes'

August 24, 2017 — Thomas F. Armistead - Engineering News-Record
It will take months to complete remediation of the largest sinkhole in Pasco County, Fla.’s recent history, county officials say. Seven houses have been lost or condemned since the sinkhole was reported at 7:21 a.m. on July 14. That day, two houses collapsed into the hole, which initially measured 225 ft long and 50 ft deep. As the cavity’s dimensions grew to between 260 ft and 180 ft, the county red-tagged five additional houses. Read the court decision
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Reprinted courtesy of Thomas F. Armistead, ENR
ENR may be contacted at ENR.com@bnpmedia.com

The Death of Retail and Legal Issues

June 15, 2017 — Wally Zimolong - Supplemental Conditions
The National Review recently published an article about the wide ranging economic and social impacts of the death of traditional mid-market shopping malls. The article is not overtly political and at time waxes nostalgic about the prototypical 1980’s shopping mall. However, the article highlights real problems facing the owners of these malls and other traditional shopping centers. As expected, the economic issues have spurred legal and litigation issues for landlords. One of the issues I have been dealing with is what are a big box tenant’s obligations after a lease expires. Many of the big box tenants that are now vacating malls and shopping centers have been long term tenants. Sometimes, their leases go back decades. In the meantime, the mall may have changed hands. The original lease signed with a second or third removed owner and no doubt amended several times might be long forgotten. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

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