Writings by Joel N. Kreizman

Joel N. Kreizman concentrates his practice in Commercial Litigation. He is a former Deputy Attorney General assigned to the Antitrust Bureau of the Division of Criminal Justice and also a former chairman of the Antitrust Law Committee of the New Jersey Bar Association.

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NJ Supreme Court Rules Watchdog Employees Entitled Whistleblower Protection

The Supreme Court of New Jersey recently held that a plaintiff who reports conduct as part of his or her job is entitled to the whistle-blowing protections afforded under the Conscientious Employee Protection Act (CEPA). In light of the precedential decision in Lippman v. Ethicon, employers will have difficulty arguing that whistleblower employees were simply […]

Author: Joel N. Kreizman

July 31, 2015

Changes Coming to New Jersey’s Marital Communication Privilege

The New Jersey Senate is poised to adopt a crime-fraud exception to the marital communication privilege. Under the proposed legislation, the marital communication privilege that typically applies to spouses or civil union partners would be unavailable “if the communication relates to an ongoing or future crime or fraud in which the spouses or partners were […]

Author: Joel N. Kreizman

June 22, 2015

Scarinci Hollenbeck

The Supreme Court Recently Made A Decision On Religious Discrimination In The Workplace

In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the Supreme Court made it easier for employees to prove religious discrimination in the workplace. The case specifically addressed when businesses must make accommodations from their dress codes to avoid religious discrimination in the workplace. The Facts of the Case As we have previously […]

Author: Joel N. Kreizman

June 17, 2015

Damages in Defamation Suits Restricted by NJ Supreme Court Ruling

The Supreme Court of New Jersey recently held that plaintiffs in a defamation suit couldn’t recover both actual and presumed damages. The Supreme Court of New Jersey recently held that plaintiffs in a defamation suit couldn’t recover both actual and presumed damages. The case is NuWave Investment Corp. v. Hyman Beck & Co. The Facts […]

Author: Joel N. Kreizman

June 12, 2015

Firing an Employee the Right Way

Firing an employee is arguably one of the least fun parts of being the “boss,” whether you own a small business or lead a corporate human resources department. However, there are ways to firing an employee that make the process more humane and less likely to result in legal liability. While it can be tempting […]

Author: Joel N. Kreizman

June 3, 2015

ABC Test Revives Sleepy’s Wage and Hour Suit

Earlier this year, the New Jersey Supreme Court held that the “ABC test” should apply to determine whether a worker is an “independent contractor” for the purposes of the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law. As expected, the decision regarding the “ABC Test” is already having a significant […]

Author: Joel N. Kreizman

May 20, 2015

U.S. Supreme Court Asked to Review a Controversial New Jersey Arbitration Decision

A California debt collector is challenging the Supreme Court of New Jersey Arbitration Decision regarding the enforceability of arbitration clauses in consumer contracts. U.S. Legal Services Group has petitioned the U.S. Supreme Court to determine whether the New Jersey arbitration decision conflicts with the Federal Arbitration Act (FAA). The Legal Background As previously discussed on […]

Author: Joel N. Kreizman

March 31, 2015

Offering Incentives for Online Reviews Can Lead to Liability

Consumers increasingly look to online reviews when buying a product or service. However, businesses looking to boost their online reviews with offers of compensation or other financial incentives could face legal action by the Federal Trade Commission (FTC). In a recent enforcement action, the FTC charged a California shipping company with deceptive advertising after the […]

Author: Joel N. Kreizman

March 20, 2015

Do Expert Witnesses Need a Soul?

The Delaware Court of Chancery recently addressed an interesting evidential question — do expert witnesses need to be human beings? Despite the growing number of legal rights bestowed on corporations (free speech, freedom of religion, etc.), the court ruled that expert witnesses couldn’t take the witness stand. The question stemmed from a consolidated shareholder challenge […]

Author: Joel N. Kreizman

March 18, 2015

FTC Raises Thresholds for Premerger Notification Filings

The Federal Trade Commission (FTC) recently announced revised thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under Section 7A of the Clayton Act. The FTC also revised the thresholds that trigger prohibitions on certain interlocking directorates under Section 8 of the Clayton Act. Premerger Notification Thresholds Pursuant to […]

Author: Joel N. Kreizman

February 5, 2015

Electronic Devices Now Have New Rules For Use in New Jersey Courts

New for 2015: Revised Rules for Using Electronic Devices in New Jersey Courts In December, the Supreme Court of New Jersey announced new rules for the use of electronic devices in the state’s courtrooms. They take effect on February 2, 2015. The guidelines, which were last revised in 2003, are intended to reflect changes in […]

Author: Joel N. Kreizman

January 16, 2015

Don't Fall Buried by a Snow-Related Lawsuit This Winter

While the New Jersey area has yet to see significant snowfall, the recent blockbuster totals in the Buffalo, New York area highlight that Mother Nature can wreak havoc on businesses. From While the New Jersey area has yet to see significant snowfall, the recent blockbuster totals in the Buffalo, New York area highlight that Mother […]

Author: Joel N. Kreizman

December 10, 2014

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