Writings by Robert E. Levy

Partner and Chair of the firm's Litigation Group, Robert Levy is a Certified Civil and Criminal Trial Attorney by the Supreme Court of New Jersey. His practice includes jury and non-jury trial preparation and trials with emphasis upon complex civil and criminal matters including Labor and Employment Defense, Commercial and Corporate Litigation, Criminal Litigation and Civil Rights Litigation.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Is It Time to Purge? Corporations Pushing for New Evidence Rules for Electronically Stored Records

Failing to preserve documents can lead to costly sanctions in the event of litigation. However, the amount of data many businesses must track and store is reaching epic proportions. To help lessen the load, several of the country’s largest corporations are lobbying for changes to the federal rules governing record retention. The proposed amendments to the […]

Author: Robert E. Levy

January 9, 2014

New Jersey Retailers Must Ensure Safe Shopping on Black Friday

Somewhere along the way, waiting in long lines for coveted items at bargain prices became a Thanksgiving tradition. Almost all New Jersey retailers now offer some form of “Black Friday” deal. As stores and shoppers prepare for the holiday shopping rush, safety should be just as important as the sales, according to the Occupational Health […]

Author: Robert E. Levy

November 26, 2013

NJ Federal Courts Will Run Out of Funding This Week

Federal courts have been operating on fumes since the government shutdown began on October 1. This week, the reserve funding is scheduled to run out. While the U.S. District Court for the District of New Jersey first projected that fee income and other resources would enable it to continue to function for ten days, further […]

Author: Robert E. Levy

October 16, 2013

Oral Partnership Agreement Warnings For Your Business

You don’t technically need to draft a partnership agreement when forming a New York oral partnership, but it is certainly advisable. As highlighted in a recent New York appellate decision, having a written contract in place can avoid a lot of legal headaches down the road when it comes to oral partnership agreements. In Gelman […]

Author: Robert E. Levy

October 8, 2013

American Arbitration Association Issues Rule Update for Commercial Arbitration

The American Arbitration Association (AAA), which handles over 100,000 disputes each year, recently issued revisions to its Commercial Arbitration Rules. The changes take effect on October 1, 2013. According to the AAA, the changes are intended to “directly address preferences of users for a more streamlined, cost-effective, and tightly-managed arbitration process that avoids the high […]

Author: Robert E. Levy

September 12, 2013

Arbitration

Affirmative Defense in New Jersey Breach of Contract Lawsuit

In many breach of contract cases, the breaching party can reduce or eliminate its liability by arguing that the circumstances surrounding the agreement justified the breach. These are referred to as an “affirmative defense” and must generally be raised in the defendant’s answer and proven at trial. In a recent case, the Appellate Division of […]

Author: Robert E. Levy

July 4, 2013

New Jersey Business Litigation Attorney

NJ Court Rules Building Owner Not Responsible for Safety of Water Supply

New Jersey’s Appellate Division recently ruled that a building owner could not be held liable when an employee contracted Legionnaires’ disease from the building’s water supply. The case, Vellucci v. Allstate Insurance Company, offers an interesting discussion of the legal responsibilities of a New Jersey commercial property owner. The Facts of the Case Albert D. […]

Author: Robert E. Levy

June 19, 2013

Third Circuit Sets Ground Rules for Compelling Arbitration

During a contract dispute, the parties often disagree about whether the terms of the agreement require them to arbitrate. Not surprisingly, many of these disagreements end up in court. The Third Circuit Court of Appeals recently clarified the standard for deciding motions to compel arbitration. It specifically articulated the circumstances under which district courts should […]

Author: Robert E. Levy

June 5, 2013

NJ Business Owner Can’t Be Held Liable After Asking for Help

A New Jersey business owner who asked for help after suspecting something was wrong at his Irvington company cannot be held liable for the deaths of those who volunteered to help him, according to the Supreme Court of New Jersey. The decision in Desir v. Vertus examined the tort law governing premises liability, duties owed […]

Author: Robert E. Levy

May 28, 2013

NJ Court Upholds Citywide Business Curfew

Most businesses in Camden, N.J. must continue to shutter their doors at 11 p.m. Plaintiffs, including 7-Eleven, recently lost a lawsuit challenging the city’s curfew, which is established by local ordinance. Under the city’s ordinance, businesses located within residential zones or located in a commercial or mixed zone situated less than 200 feet from a […]

Author: Robert E. Levy

May 6, 2013

Shock Jock Loses NY Business Lawsuit Over Key Contract Term

Howard Stern recently suffered another legal setback in his lawsuit against Sirius XM Radio Inc. A New York state appeals court affirmed the dismissal of his $330 million breach of contract lawsuit. The disputes centered on the terms of a 2004 employment agreement under which Stern agreed move his radio program to Sirius XM. The […]

Author: Robert E. Levy

April 23, 2013

Commercial litigation attorney NYC

NJ Business Litigation Decision Highlights Broad Reach of Full Faith and Credit Clause

A recent business litigation decision highlights that the full faith and credit clause can make it very difficult to challenge the enforcement of a judgment rendered outside of New Jersey. The case specifically involved an Iowan judgment where the exertion of personal jurisdiction over defendant, with no contact with Iowa, was based on a “floating […]

Author: Robert E. Levy

March 25, 2013

New Jersey Business Litigation Attorney

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