Genova Burns LLC

In-House Counsel May View “Outside Counsel Only” Documents

A federal magistrate judge in Trenton has allowed in-house counsel for a New Jersey corporation to view discovery documents designated for “outside counsel eyes only.” The ruling in Sanofi-Aventis U.S. LLC v. Breckenridge…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC)…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

EEOC to Require Pay Data From Employers Starting in 2017

In an on-going effort to close the pay gap for women and minorities, on January 29, 2016, the Obama Administration announced that the U.S. Equal Employment Opportunity Commission (EEOC) will now require federal contractors and…more
| Civil Rights, Labor & Employment Law

NJ Employers May Need to Revisit Arbitration Clauses Following Appellate Division Ruling

On January 7, 2016, the New Jersey Appellate Division found that an arbitration provision contained in an Employee Handbook was unenforceable. This decision is of critical importance to New Jersey employers when it comes to…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

Third Circuit Blows Whistle on Suit Challenging Super Bowl Ticket Lottery

A panel of the Third Circuit Court of Appeals has affirmed the dismissal of a class-action lawsuit that sought to challenge the method by which the National Football League distributed tickets to last year’s Super Bowl XLVIII,…more
| Art, Entertainment, & Sports Law, Civil Procedure

New Brunswick Now Requires Paid Sick & Safe Leave for Employees

On December 17, 2015, the City of New Brunswick joined the growing list of municipalities in New Jersey requiring private sector employers to provide paid sick leave to employees. The new law, effective January 6, 2016, also…more
| Elections & Politics, Labor & Employment Law

Pay-to-Play Resolutions

As we approach the end of the first work week of 2016, companies should be thinking about their “pay-to-play resolutions” in the upcoming year. New Jersey is home to numerous and varied pay-to-play restrictions. One misstep can…more
| Business Organizations, Elections & Politics, Finance & Banking

NYC To Provide Municipal Employees With Six Weeks of Paid Maternity, Paternity, Adoption And Foster-Care Leave As of January 1, 2016

On December 22, 2015, New York City Mayor Bill de Blasio announced that he will sign an Executive Order granting municipal managers and non-unionized workers up to 6 weeks of paid maternity, paternity, adoption and foster-care…more
| Labor & Employment Law

Federal Circuit Strikes Down Federal Ban on Disparaging Marks as Unconstitutional

In a landmark ruling that departs from decades-old precedent, on December 22, 2015, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibition of “disparaging marks” violates the First Amendment’s…more
| Constitutional Law, Intellectual Property

Stronger Rules Issued for Protection of Transgender Employees in New York City

On December 21, 2015, the New York City Commission on Human Rights released new enforcement guidelines pertaining to its Transgender Rights Bill. The guidelines were issues two months after Governor Andrew Cuomo moved to add…more
| Civil Rights, Labor & Employment Law

Supreme Court Reiterates The FAA’s Preemptive Authority

On December 14, 2015, the United States Supreme Court in DIRECTV, Inc. v. Imburgia, 577 U.S. ___, No. 14-462, slip op. at 1 (Dec. 14, 2015), doubled down on its previous holdings that the Federal Arbitration Act (“FAA”) preempts…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws

Philadelphia Enacts Sweeping Changes to City’s Ban-the-Box Law

On December 15, 2015, Philadelphia Mayor Michael Nutter signed far-reaching amendments to the city’s “Ban the Box” law, the Philadelphia Fair Criminal Records Screening Ordinance (“the Ordinance”). In enacting the amendments,…more
| Labor & Employment Law

Additional Restrictions for Employer Credit Checks Could Be On the Way For New Jersey Employers

Legislation advanced by the New Jersey State Assembly (A2298) on December 14, 2015 could signal tougher restrictions on employer credit checks of existing or potential employees. The pending legislation also would also prohibit…more
| Elections & Politics, Labor & Employment Law

The New Jersey Department of Labor Issues Final Ban-the-Box Regulations

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) issued regulations clarifying the requirements of New Jersey’s Opportunity to Compete Act (the “Ban the Box Law”), which take effect…more
| Labor & Employment Law

Third Circuit Adopts New Test for Determining Whether Meal Breaks Are Compensable

On November 24, 2015, a divided U.S. Court of Appeals for the Third Circuit found that the “predominant benefit” test should be applied when determining whether mealtime breaks constitute compensable time under the Fair Labor…more
| Labor & Employment Law
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494 Broad Street
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Contact: Alexandra Kahn, Business Development & Marketing Coordinator

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