Law Blog
Can the Uniform Environmental Covenants Act (UECA) and the New Jersey Brownfield Act co-exist?
In 2003, the National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted and approved the Uniform Environmental Covenants Act (UECA). UECA was enacted to develop a system of recording environmental covenants for contaminated real properties known as...
May an Oral Settlement Agreement Reached Through Mediation Be Enforced by the Court?
In a recent case, the Appellate Division of the Superior Court of New Jersey held that an oral settlement agreement reached during a mediation session could be enforced. However, the party seeking to enforce the mediator’s decision would need to waive his right to...
Consumer Class Actions: Have They Reached the Vanishing Point?
Have we just heard the death knell for class action lawsuits? Probably not, but the distant sounds of court decisions undermining the power and scope of class actions are coming from just over the horizon.In April 2011, the United States Supreme Court issued a ruling...
Is it time to change the practice of employing unpaid interns in the film industry?
One of the key challenges in the adult film industry is that films are shot rapidly (sometimes in one to three days) and with an extremely low budget. Therefore, one of the key issues facing production companies involves the limitations on the use of unpaid...
May Corporate Actors Be Held Personally Liable Under the Consumer Fraud Act?
In Allen v. V&A Brothers, Inc, A-30 SEPT.TERM 2010, 2011 WL 2637270 (N.J. July 7, 2011), the Court considered whether an individual could have personal liability for a violation of the the Consumer Fraud Act (“CFA”) by his company. In that case, the Allens hired...
When Are Non-Solicitation Covenants in an Employment Agreement Enforceable?
A recent case offers guidance to New York employers concerning their ability to restrict former employees from attempting to take away the employer’s customers.In that case, a former employee of USI Insurance Services, LLC (“USI”) signed an employment agreement that...
Does Your Company Need to Circulate the Conscientious Employee Protection Act Notice to its Employees?
Employers should take notice of the poster that small New Jersey employers are required to display as mandated in the New Jersey Conscientious Employee Protection Act (CEPA).Under the CEPA, employers with ten or more employees must distribute notice of the CEPA law...
Be Careful Not to Undermine the Choice Of Law Provisions In Your Contracts
One of the few ways to undermine the choice of law provision in your contract is to cite the wrong state’s law when you are trying to enforce it. That can be construed as a waiver of the choice of law.A good example of this was a recent decision by the United States...
How Far Can a Long-Arm Statute Reach In Cases of Online Copyright Infringement?
Can a company that has an office in New York sue an Arizona company in the New York Courts solely on the basis that the Arizona company allegedly infringed upon the New York company’s copyright?In a recent decision, the Court of Appeals of New York considered this...
What Is the Significance of Recent Patent Law Reform?
For the first time in almost sixty years, patent law is receiving a major update.On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (the “Act”), providing the most significant change to patent law since the Patent Act of 1952. The Act...
The .xxx Extension Presents Opportunities and Pitfalls
The Internet Corporation for Assigned Names and Numbers (ICANN) has recently approved “.xxx” as the new internet domain name extension for the adult entertainment industry. The ICANN is a non-profit corporation responsible for managing, maintaining and assigning...
Online Video Piracy: the Battle Continues for the Adult Industry
With the rapid increase in consumption of online videos, the adult entertainment industry has struggled to combat online video piracy. Consumers’ easy access to free short clips – most notably, those posted on the “Tube” sites -- has hurt the adult producers who...
When Can the New York Franchise Sales Act Be Used to Dispute a Termination?
In 1981, a New York insurance company, William J. Hofmann Agency (“Hofmann”), entered into an Agency Agreement (“Agreement”) with an insurance underwriter, Kemper. Both parties hoped the arrangement would prove mutually profitable, but those expectations were dashed...
Will Online Retail Companies Soon Be Required to Charge a Sales Tax?
Are the days of shopping online free of sales tax coming to an end? If certain senators get their way, they could be.In a 1992 decision, the Supreme Court held that a business must have a physical presence – a “nexus” – within a state in order for that state to...
When Does Being Portrayed in a False Light Invade One’s Privacy?
The legal concept of invasion of privacy by false light could end up leaving the music network MTV in the dark.In Savely v. MTV Music Television, the Federal District Court for the District of New Jersey denied MTV’s motion to dismiss a suit filed by a street...
How Does the Restore Online Shoppers’ Confidence Act Impact Internet Sales Practices?
Entrepreneurs and small business owners beware.In December 2010, President Obama signed into law the Restore Online Shoppers’ Confidence Act (“ROSCA” or the “Act”), Pub. L. No. 111-345, 124 Stat. 3618 (2010). In effect, the new law tries to live up to its name...
When Will a Nonprofit Corporation That Works with a For Profit Corporation Lose the Charitable Property Tax Exemption?
A nonprofit company should generally maintain a solid boundary between its activities and those of a related for profit company. A recent decision of the New Jersey Supreme Court highlighted why this is so important.In that case, the Court held that nonprofit...
May Attorneys Fees Be Awarded to a Prevailing Party Even When a Case Doesn’t Reach Trial?
In a recent case, the Appellate Division of the Superior Court of New Jersey held that a plaintiff can be awarded fees even when a case does not reach trial if the suit itself helped encourage a defendant to correct an unlawful practice. Sika Corp. v. Hostler, 2011...