Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some [...] The post Litigation Holds and Preserving Evidence appeared first on DuBoff Law Group ..read more

Last summer, the Federal Trade Commission (FTC) issued updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. It also updated its practical business guidance, FTC's Endorsement Guides: What People are Asking. In early September, we published an Alert about these updates, which you can read here. After the guidance was updated, [...] The post FTC Warnings About Endorsements and Testimonials appeared first on DuBoff Law Group ..read more

The US Department of Labor (DOL) issued a final rule this week, describing the factors employers should consider when analyzing whether workers should be classified as employees or independent contractors. The new rule will take effect on March 11. This new rule rescinds a 2021 independent-contractor test and returns to the economic-reality analysis traditionally used [...] The post New Worker-Classification Test appeared first on DuBoff Law Group ..read more

Once again, New Year’s Day brought us more than resolutions, football games, and hangovers. On January 1st, works first published in 1928 that were previously protected by copyright entered the public domain. Once a work becomes part of the public domain, anyone can reproduce it or create derivative works based on it, and then sell [...] The post Thousands of Copyrights Just Expired appeared first on DuBoff Law Group ..read more

Although the estate and gift tax exemption for 2023 is $12.92 million per person, meaning a married couple can pass $25.84 million tax-free, this is only temporary. The exemption will automatically revert to $5 million (adjusted for inflation) in 2026 if Congress doesn’t make any changes before then. While there’s no way to know now [...] The post End-of-Year Tax-Free Gifting appeared first on DuBoff Law Group ..read more

Happy holidays from all of us here at the Duboff Law Group. Wishing you the best for the holidays and a healthy, joyful, prosperous new year! The post Happy Holidays! appeared first on DuBoff Law Group ..read more

In most situations, employers have discretion when approving employee requests for time off, but there are some exceptions, such as when laws require employers to grant certain sick-leave requests. Another exception is when the employee is asking for time off for religious reasons. In that situation, the employer is required to provide reasonable accommodation to [...] The post Employment Law Roundup Requests for Time Off for Religious Observances appeared first on DuBoff Law Group ..read more

Businesses are understandably upset when they discover that someone is posting negative online reviews or other disparaging comments about their products, services, or operations on social media. Some companies have tried to protect themselves against negative reviews by adding clauses to their terms of service and other contracts that prohibit customers from making disparaging comments. [...] The post Disparaging Reviews and Social Media Posts appeared first on DuBoff Law Group ..read more

This year we are truly thankful for our incredible staff who have worked diligently to serve our clients’ needs in this year of increased war activity. We are also grateful for the vaccines that are saving lives throughout the world. While we are still facing many difficulties, we are hopeful that the future will be [...] The post Happy Thanksgiving from All of Us at The DuBoff Law Group! appeared first on DuBoff Law Group ..read more

You’re angry. Your employer fired you, or your neighbor plays loud music every day, or you slipped walking into the grocery store. Should you sue? Maybe not. Before filing a lawsuit, there are a number of things you should think carefully about, including these risks. 1. No matter how good your case appears to be, [...] The post Should You Sue? appeared first on DuBoff Law Group ..read more