Genova Burns LLC

Plainfield Becomes New Jersey’s 12th Municipality to Require Paid Sick Leave

On March 14, 2016, the City of Plainfield became the 12th municipality in New Jersey to require private sector employers to provide paid sick leave to their employees. The paid sick leave, which ranges from 24 to 40 hours a…more

Anti-Retaliation Provisions, Local Ordinance, New Legislation, Notice Requirements, Paid Leave

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NLRB General Counsel Seeks to Prohibit Employers from Unilateral Withdrawal of Union Recognition

The National Labor Relations Board’s General Counsel recently released Memorandum GC 16-03 (May 9, 2016), proposing to make it more difficult for an employer to withdraw recognition of an incumbent union. This memorandum directs…more

Collective Bargaining, New Guidance, NLRA, NLRB, NLRB General Counsel

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Third Circuit Lets Google Give Cookies to Kids

Rarely does whether a child has a cookie rise to the level of a federal question. However, on June 27, 2016, in In re Nickelodeon Consumer Privacy Litigation, No. 15-1441, a panel of the Third Circuit Court of Appeals…more

Class Action, Cookies, Data-Sharing, Google, Invasion of Privacy

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U.S. Supreme Court Reaffirms that Only “Humans and Corporations,” Not Unincorporated Entities Like a Trust, May Assert Their Own Citizenship for Purposes of Federal Diversity Jurisdiction

In a unanimous March 7, 2016 opinion authored by Justice Sotomayor, Americold Realty Trust v. Conagra Foods, Inc., et al., , the U.S. Supreme Court affirmed an oft-confused holding relating to diversity jurisdiction: the…more

Americold Realty Trust v Conagra Foods, Citizenship, Diversity Jurisdiction, Members, REIT

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Supreme Court to Review Whether “Offensive” Names Can Be Trademarked

The U.S. Supreme Court agreed today to review the Federal Circuit’s decision to strike down the Lanham Act’s ban on “disparaging” trademarks. The case, Lee v. Tam, No. 15-1293, involved an Asian American dance-rock band’s…more

Certiorari, Disparagement, First Amendment, Lanham Act, Lee v Tam

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Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,…more

Commerce Clause, Local Ordinance, NLRA, Project Labor Agreements, Public Projects

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Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations of…more

Casinos, Discrimination, Disparate Impact, Employer Liability Issues, Gender Discrimination

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Comments due for JCOPE Proposed Guidance on Consultants and Grassroots Lobbying

In May, the Joint Commission on Public Ethics (JCOPE) issued proposed guidance on consultants and grassroots lobbying and is currently seeking informal comments on the proposal by July 10, 2015. The proposed guidance would…more

Consultants, Ethics, Lobbyists, New Guidance, Public Officials

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Regulations Require Paid Sick Leave for Federal Contractors

On September 29, 2016, the Department of Labor (DOL) issued a final rule requiring federal contractors to provide employees with at least seven days of paid sick leave each year. This requirement applies to all new contracts…more

Davis-Bacon Act, DOL, Federal Contractors, Final Rules, Paid Sick Leave Act

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New Jersey’s Proposed Ridesharing Insurance Requirements May Simplify Coverage Litigation

In the midst of price wars and resistance from municipalities with a strong traditional taxi presence, so-called “ridesharing” companies—such as Uber and Lyft—must now navigate the initial legislative steps towards regulation in…more

Auto Insurance, Commercial Vehicles, Lyft, Ridesharing, Uber

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Calling all New Jersey Government Contractors: What is your Plan for Political Activity Compliance in Anticipation of the 2017 Gubernatorial Election?

With only 19 days until the presidential election and the final debate being held tonight, most of the country is focused on national politics. Although the presidential election may be taking center stage, now is the time for…more

General Elections, Political Contributions, Presidential Elections

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Federal Trade Secrets Act Now Law: What Companies Should Know

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”). The measure had previously been passed by the U.S. House of Representatives 410-2 on April 27, 2016, quickly following the U.S. Senate’s…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte

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Third Circuit Rejects Class Certification for Widener Law Grads

A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in…more

Calculation of Damages, Class Certification, Consumer Fraud, Expert Witness, Fraud-on-the-Market

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Significant Property Tax Savings Possible via Professional Review and Appeal

Commercial and residential property owners will receive their property assessment cards on or about February 1, 2014, and they will have until April 1, 2014 to file a tax appeal (except for Monmouth County residents whose filing…more

Property Tax

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Appellate Division Reverses PERC Decision on Dynamic Status Quo

For many years, public employers were required to pay increments on an expiring salary guide for its unionized workforce under a doctrine known as the dynamic status quo. This doctrine was created by the Public Employment…more

Appeals, Collective Bargaining Agreements (CBA), Public Employees, Public Employers, Unions

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New Jersey Extends Deadline for Remedial Investigation of Qualifying Contaminated Sites For Two Years

Governor Chris Christie recently signed into law A-4543/S-3075 (Spencer/Schepisi/Smith/Bateman), which extends the deadline for completing the remedial investigation of contaminated sites before the Department of Environmental…more

Contaminated Properties, Deadlines, Department of Environmental Protection, Environmental Liability, Remedial Actions

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The Monkey and the Cat: Second Circuit Adopts “Cat’s Paw” Theory of Liability for the Acts of a Non-Supervisory Employee in Title VII Retaliation Cases

On August 29, 2016, a unanimous panel of the United States Court of Appeals for the Second Circuit revived a retaliation lawsuit under Title VII of the Civil Rights Act of 1964 under the “cat’s paw” theory of liability. In…more

Cat's Paw, Employer Liability Issues, Human Resources Professionals, Internal Investigations, Retaliation

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Federal Circuit Gives Samsung Another Victory Against Apple In The Smartphone Patent War

In another twist of fortunes in the long-running smartphone patent war between Apple and Samsung, the U.S. Court of Appeals for the Federal Circuit has once again overturned Apple’s patent infringement jury verdict – this time…more

Appeals, Apple, Apple v Samsung, iPhone, Jury Verdicts

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Ninth Circuit Upholds Ban on Contributions by Government Contractors and Other Disclosure Requirements in Hawaii

The United States Court of Appeals for the Ninth Circuit recently upheld a number of Hawaii’s contribution and disclosure requirements, thus cementing the legacy of Citizens United’s defense of transparency in campaign…more

Appeals, Campaign Contributions, Citizens United, Construction Industry, Disclosure Requirements

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Pay-to-Play for New Jersey Public-Sector Labor Unions?

New Jersey’s pay-to-play laws are perhaps the most stringent in the country, with a web of overlapping laws, executive orders, and ordinances covering procurement contracts and redevelopment agreements with all levels of…more

Collective Bargaining Agreements (CBA), Pay-To-Play, Procurement Guidelines, Proposed Legislation, Public Sector Unions

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Recent Supreme Court Decision Undermines SLUSA Security for Secondary Actors in Ponzi Schemes

The Supreme Court’s February 26, 2014 decision in Chadbourne & Parke LLP v. Troice, et al., has eliminated a potential protection for secondary actors (such as investment advisors, law firms or insurance brokerages) that…more

Negligent Misrepresentation, Ponzi Scheme, SCOTUS, SEC, SLUSA

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Amended Provisions to Interest Arbitration Awards

On June 24, 2014, Governor Christie signed into law Bill A-3424, amending the provisions of Arbitration Reform Bill A-3393. Genova Burns Giantomasi Webster, as labor counsel to the League of Municipalities and New Jersey…more

Arbitration, Arbitration Awards

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New Jersey Supreme Court Adopts Significant Amendments to Court Rules

The New Jersey Supreme Court has adopted several amendments to the Court Rules, effective September 1, 2016. Below is a summary of the most significant Rule changes, including those relating to discovery of electronically stored…more

Discrimination, Electronically Stored Information, Local Rules, Metadata, Subpoenas

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OFCCP Updates Guidance on Sex Discrimination to Reflect Modern Workplace

On June 15, 2016 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published its Final Rule updating federal contractor requirements to ensure nondiscrimination on the basis of sex in the…more

Disparate Impact, Disparate Treatment, Employee Restrooms, Federal Contractors, Final Rules

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Supreme Court Punts on Whether Service Advisors Are Exempt from FLSA Overtime Premium Pay

The United States Supreme Court recently issued its long awaited decision in Encino Motorcars, LLC v. Navarro. At issue in the case was whether “service advisors” employed by car dealerships are exempt from the Fair Labor…more

Arbitrary and Capricious, Car Dealerships, DOL, FLSA, Navarro v Encino Motorcars

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Your Credit is No Good Here: Philadelphia Becomes Latest Jurisdiction to Make It Unlawful to Use Credit Information in Employment

On June 7, 2016, Philadelphia Mayor Jim Kenney signed into law Philadelphia Bill No. 160072, which amends Philadelphia’s “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” Chapter 9-1100, et seq. of the…more

Adverse Action, Amended Legislation, Anti-Discrimination Policies, Employee Credit Checks, Employee Rights

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Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,…more

Commerce Clause, Local Ordinance, NLRA, Project Labor Agreements, Public Projects

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U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No…more

Attorney's Fees, Copyright Infringement, Copyright Litigation, Fee Awards, Fee-Shifting

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Bakery's Apple Pie Design is Functional and Inelgible for Trademark Protection, Third Circuit Affirms

The Third Circuit Court of Appeals affirmed a district court’s determination that the key element of a gourmet bakery’s registered pastry design was functional, and therefore ineligible for trademark protection, in Sweet Street…more

Declaratory Judgments, Defense Strategies, Functionality, Popular, Trademark Infringement

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ELEC Lobbying Deadlines Approach

On Monday, February 16, 2015, businesses, non-profits and special interest groups that paid more than $2,500 in 2014 to make lobbying communications to New Jersey State government officials, directly or indirectly (i.e…more

Annual Reports, Corporate Gifts, Disclosure Requirements, ELEC, Lobbying

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Second Circuit Outlines The Way for Employers to Hire Unpaid Interns

On July 2, 2015, in a matter of first impression, the Second Circuit issued a ruling in Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478, 13-4481 (2d Cir. July 2, 2015), and provided a new test for whether a worker can be…more

DOL, Employee Definition, Employer Liability Issues, Entertainment Industry, First Impression

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The Pay-to-Play Effect in New Jersey’s 2015 Statewide Elections

2015 is a unique year in New Jersey politics, as the New Jersey Assembly races are the only set of elections scheduled for this year that extend beyond county and municipal lines. Even the Assembly Members’ colleagues in the…more

Campaign Contributions, Pay-To-Play, Political Candidates

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Appellate Division Finds c.78 Health Benefits Contributions Requirements Do Not Apply to Public Sector Disability Retirees

Last month, in Brick Twp. PBA Local 230 v. Twp. of Brick, the Appellate Division of the Superior Court of New Jersey confirmed that N.J.S.A. 40A:10-21.1, P.L. 2011, c. 78, § 42, more commonly known as Chapter 78, does not…more

Appeals, Disability, Employee Benefits, Employee Contributions, Forced Retirement

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Firm Client Tucker Development is Awarded More Than $38m in Tax Breaks for Newark Project

Firm client Tucker Development was awarded more than $38M in subsidies in the form of bond financing and tax breaks by the Economic Development Authority to fund its mixed use development project on Springfield Avenue in Newark…more

Bonds, Economic Development, Land Developers, Subsidies, Tax Credits

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IRS Proposes Restrictions on Employer Opt-Out Payments for ACA Coverage Waivers

In early July the IRS issued proposed regulations addressing the effect that employer payments to employees who waive employer-sponsored health coverage, known as Opt-Out Payments, have on determining whether an ACA-covered…more

Affordable Care Act, Comment Period, Health Insurance, IRS, Opt-Outs

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New Jersey Legislature Looking At Changes to Consumer Contract Disputes

The New Jersey Assembly’s Consumer Affairs Committee recently advanced several bills that would increase consumer protections in arbitration disputes. If passed into law, these bills would change the landscape for consumer…more

Arbitration, Consumer Contracts, Ignition Interlock Device, Legislative Committees, Proposed Legislation

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Supreme Court’s Opinion Reiterates Principle that Patent Holders Bear Burden of Proof in Infringement Actions

The Supreme Court, in a unanimous decision issued on January 22, 2014, held that the burden of proof in patent infringement actions falls upon the patentee, regardless of whether the patentee is the moving party in the…more

Burden of Proof, Evidence, Medtronic v Boston Scientific, Patent Infringement, Patent Litigation

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Supreme Court Decisions on Same Sex Marriage To Impact Business Entities, Employers and Individuals

Today’s Supreme Court decisions will have a major impact upon business entities, employers and individuals in New York, New Jersey, and several other states including California, due to the change of the definitions of “spouse”…more

COBRA, DOMA, Equal Protection, ERISA, Estate Planning

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New Jersey Assembly Picks Up Fight For $15 Minimum Wage

The fight for a $15 minimum wage is gaining steam in the New Jersey Legislature. On May 26, 2016, the New Jersey Assembly passed Bill A15, which would raise the minimum wage to $15 an hour by 2021. Currently, the New Jersey…more

Constitutional Amendment, Governor Christie, Governor Vetoes, Minimum Wage, Pending Legislation

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494 Broad Street
Newark, New Jersey 07102, United States

Contact: Alexandra Kahn, Business Development & Marketing Coordinator

  • 973.533.0777
  • 973.533.1112

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Science, Computers, & Tech
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Other U.S. Locations
  • New Jersey
  • New York
  • Pennsylvania
  • Washington
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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