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Current political events increasingly pit the powers of the Executive Branch against the powers of its co-equal branch of government – the Congress. In a 9-0 decision, the U.S. Supreme Court strengthened the Executive Branch’s authority when it held that federal agencies need not follow the “notice-and-comment” procedures of the Administrative Procedures Act (APA) when […]

A new study on merger and acquisition (M&A) litigation in 2014 reveals several significant trends. Most notably, the majority of all lawsuits were filed in one jurisdiction, suggesting that companies are increasingly incorporating forum-selection clauses into their corporate bylaws as well as into their transaction documents, when it comes to a merger and acquisition. As […]

From unwelcome sexual propositions to sexually suggestive gestures, sexual harassment claims account for a significant percentage of workplace discrimination claims brought under New Jersey’s Law Against Discrimination (NJLAD). Following a recent ruling by the Supreme Court of New Jersey, these lawsuits will be a bit easier for employers to defend, specifically if they have anti-harassment […]

While New Jersey employers should probably keep the champagne on ice, the Equal Employment Opportunity Commission’s (EEOC) latest enforcement report is good news. The agency reports that both employment claims and penalties dropped significantly in fiscal year 2014, which ran from Oct. 1, 2013, to Sept. 30, 2014. In total, the EEOC filed 133 lawsuits […]

The Appellate Division recently held that New Jersey’s Affidavit of Merit (AOM) statute requires a supporting AOM from a “like-licensed” professional in all malpractice or negligence cases within the scope of the statute. Moreover, the requirement applies even where the relevant professional licensure laws overlap to some degree, as was the case in Hill International, […]

The battle over the Eat More Kale trademark appears to be over. After a much-publicized dispute with fast-food company Chick-fil-A, a Vermont small business owner can now take the final steps to perfect his federal trademark. The trademark row started in early 2011 when folk artist Bo Muller-Moore filed for trademark protection for use of […]

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 […]

It has  been declared! NJ Supreme Court Hold Leaflet Ban is Unconstitutional… If you live in a New Jersey condominium complex, you may notice an increase in flyers, advertisements, and other promotional material in your common areas. In Dublirer v. 200 Linwood Avenue Owners, NJ Supreme Court hold leaflet ban as unconstitutional. The Facts of […]

The inventors of blue and white light-emitting diodes (LED) recently received the 2014 Nobel Prize in Physics. The groundbreaking blue LED not only made the screens on our smartphones and televisions possible, but more importantly resulted in the creation of a light bulb that can last 25 times longer than traditional incandescent bulbs. One of […]

While paper checks have been replaced by electronic funds transfers for many commercial transactions, New Jersey businesses still have to contend with rejected payments. Earlier this month, Gov. Chris Christie signed two measures into law that will help New Jersey businesses address bad electronic funds transfers. The first new law, Assembly Bill 1162, amends New […]

Delaware is one of the most popular places for corporations to incorporate, largely due to its business-friendly legal environment. However, one of the state’s lesser-known benefits is currently in legal limbo. In 2009, Delaware created a “secret” business court, which allows for arbitrations to be conducted in private. The law specifically authorizes the Chancellor of […]

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 […]