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RESOURCES
Articles, alerts & commentary
Client alerts and commentary on the developments that affect your business, written to be read and used.
CONTRACTUAL PROTECTION FOR VENDOR MACHINE LEARNING AND AI TOOLS
As artificial intelligence (AI) and machine learning (ML) become central to modern technology services, vendors increasingly rely on these systems to refine performance and deliver greater value. Yet many customer contracts now restrict or prohibit vendor data use—limiting the very learning that drives product improvement. These provisions can unintentionally compromise a vendor’s intellectual property, scalability, and enterprise value. Vendors should proactively negotiate d
Samuel Ogbegun
2 min read
Client Alert: Universal Opt-Out Signals Now Legally Binding in Multiple States
While compliance with traditional “Do Not Track” (DNT) browser settings remains optional under U.S. privacy law, and many Privacy Policies still note that DNT signals are not honored, a new and far more consequential requirement has arrived. A growing number of state privacy statutes now mandate compliance with Universal Opt-Out Mechanisms (UOOMs) - browser or device-level settings that automatically communicate a consumer’s request to opt out of the sale, sharing, or use of
Samuel Ogbegun
4 min read
Thinking About Becoming a Partner? Five Issues Every Professional Should Consider Before Saying “Yes”
For many professionals — lawyers, doctors, accountants, architects, and others — being invited to become a partner in your firm is the proverbial brass ring. It signifies the firm’s recognition of your skill, leadership, and individual contribution to the firm’s success. But it’s also a business decision, and one that carries both rights and obligations that will have a lasting impact on your practice. With partnership announcement season underway, now is the ideal time for y
Samuel Ogbegun
3 min read
When Does a Contract Not Say What It Says?
Contracts are designed to bring clarity and structure to business relationships. Yet anyone who has revisited a contract years after it was signed knows that even well-drafted agreements can take on meanings no one anticipated at signing. Most people assume contracts say what they say. Lawyers know better. A contract may look perfectly straightforward on Tuesday afternoon, only to reveal on Wednesday morning that it secretly contains three different meanings, two contradictor
Samuel Ogbegun
3 min read
I Received A Demand Letter, Now What? Initial Steps Businesses Should Take
In uncertain economic climates, it’s common to see a rise in demand letters as businesses experiencing or anticipating financial pressure are motivated to pursue faster, lower-cost mechanisms to resolve disputes. A “demand letter” is a formal written communication from a party (often a vendor, current or former business partner, creditor, or other counterparty) asserting a legal claim or grievance and requesting that a specific action, such as payment or performance, be take
Samuel Ogbegun
3 min read
Top Privacy Litigation Trends Every Business Should Know – Protecting Your Business from Serial Privacy Lawsuits
Summary As many of you know, there has been a surge in privacy litigation across California and the nation, targeting ordinary business practices involving website tracking and video streaming. With statutory damages ranging from $1,000 to $5,000 per violation, these cases can quickly escalate into seven-figure exposures—even for small businesses. This alert identifies some of the top litigation trends and provides actionable steps to protect your organization. The Rising Thr
Samuel Ogbegun
4 min read
New Jersey Employers: Don’t Miss This New Registration Requirement
Happy New Year from OlenderFeldman! As we head into 2026, New Jersey employers should be aware of an important administrative change that may affect how you receive unemployment-related notices and communicate with the State. New Jersey is continuing its push to move employer interactions with the Department of Labor online, and there’s a new requirement that employers should not overlook. The New Jersey Department of Labor and Workforce Development now expects employers subj
Samuel Ogbegun
2 min read
NJDEP Adopts REAL Rule Amendments: What This Means for Your Development Project
On January 20, 2026, the New Jersey Department of Environmental Protection (“NJDEP”) adopted significant amendments to its Resilient Environments and Landscapes (“REAL”) rules, changing how climate risk is evaluated in land use permitting across New Jersey. The amended rules integrate future flooding and sea-level rise projections into NJDEP’s Coastal, Flood Hazard, Wetlands, and Stormwater programs. As a result, climate-adjusted standards will now directly affect how project

Olender Feldman
2 min read
Website Tracking Demand Letters: What They Are, and What to Do Now
A wave of demand letters related to cookies, pixels, and other tracking devices that are applied prior to visitor consent is reaching businesses of all sizes across the country right now. We want to help equip you to with what you need to know to protect against them, and if one lands on your desk, we wanted to let you know what sits behind it and what you can do to reduce your exposure. What is happening A small number of people in California, often acting on their own and i

Olender Feldman
4 min read
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