Genova Burns LLC

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494 Broad Street
Newark, New Jersey 07102, United States
Contact: Alexandra Kahn, Business Development & Marketing Coordinator
Phone: 973.533.0777
Fax: 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
Locations
Other U.S. Locations
  • New Jersey
  • New York
  • Pennsylvania
  • Washington
Number of Attorneys
50-100 Attorneys

Back to the Drawing Board for EEOC Wellness Program Rules

On August 22 the U.S. District Court in D.C. granted summary judgment to the AARP which challenged the EEOC’s rules governing employer wellness programs. The rules allow an employer to offer or impose on an employee financial…more

AARP, ADA, Affordable Care Act, EEOC, Employer Group Health Plans

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Christie Vetoes Expansion of New Jersey Family Leave & Increased Minimum Wage

On July 21, 2017, New Jersey Governor Chris Christie conditionally vetoed two bills that would have expanded New Jersey’s pioneering paid Family Leave Act and raised minimum wage for certain transportation center service…more

Airports, Collective Bargaining, Governor Christie, Governor Vetoes, Minimum Wage

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Governor Christie Signs Uniform Fiduciary Access to Digital Assets Act into Law

On September 13, 2017, Governor Chris Christie signed into law New Jersey Assembly Bill A-3433, otherwise known as the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”). The Act becomes effective ninety days after the…more

Digital Assets, Governor Christie, UFADAA

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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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Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA (N.D…more

Appeals, Attorney-Client Privilege, Common-Interest Privilege, Discovery, Document Productions

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New Jersey Appellate Division Clarifies Rights to Disclosure of School Records Under Public Records Law

In a lengthy, published opinion, the New Jersey Appellate Division recently ruled on four appeals from different trial courts (that had reached conflicting results) about the ability of a nonprofit advocacy organization for…more

Appeals, Disabled Children, Public Records, Public Records Act, School Districts

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New Jersey Courts Hands Victories to Open Government Records Advocates

Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of more…more

Criminal Investigations, Electronically Stored Information, Law Enforcement, Municipalities, Public Disclosure

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Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)…more

Disparagement, First Amendment, Lanham Act, Matal v Tam, SCOTUS

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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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Lessons Learned from the Della Pello Decision

Earlier this year, a government contractor lost just over $7 million in New Jersey state government contracts because of a single political contribution that was inadvertently made payable to the WRONG political recipient. Don’t…more

PACs, Pay-To-Play, Political Contributions, State Contractors

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New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but…more

Breach of Contract, Business Formation, Commercial Truck Drivers, FedEx, Independent Contractors

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Third Circuit Rules that Samsung Cannot Compel Arbitration Based on Clause “Buried” in Safety and Warranty Guide

The Third Circuit Court of Appeals recently held that Samsung cannot force arbitration in a consumer fraud class action about the battery life of its Galaxy Gear S Smartwatch…more

Arbitration, Class Action, Constructive Notice, Consumer Fraud, Mandatory Arbitration Clauses

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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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IRS Recognizes Retroactive Validity of GRAT Based Upon Court Reformation

The IRS recently examined whether a Grantor Retained Annuity Trust (hereinafter “GRAT”) could be held valid despite the fact that it omitted certain key language. In a GRAT, the Grantor transfers property into the irrevocable…more

Annuities, Gift Tax, Grantor Retained Annuity Trust, IRS, Self-Canceling Installment Note

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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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No Room for Refunds: Pay-to-Play Limits and New Jersey’s Upcoming Gubernatorial Election

With summer vacations over and the New Jersey political world focused on the November gubernatorial election, Friday, September 8, 2017 marks an important milestone under New Jersey’s pay-to-play laws. Under the law, a…more

Campaign Contributions, General Elections, PACs, Pay-To-Play, Primary Elections

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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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NYC Fast Food Employers Beware – Strict “Fair Workweek” Laws Are Coming December 1st

On May 30, 2017, New York City Mayor Bill de Blasio signed a bill enacting four laws, together called the Fair Workweek legislation package, aimed at creating more predictable work schedules for NYC’s fast food workers. The laws…more

Employer Liability Issues, Fast-Food Industry, Local Ordinance, Wage and Hour, Work Schedules

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New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s…more

Collective Bargaining Agreements (CBA), Contract Negotiations, Employer Liability Issues, Negotiations, NJ Supreme Court

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New York City Bans Employer Inquiries Into Salary History

On May 4, 2017, New York City Mayor Bill DeBlasio signed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary…more

Employer Liability Issues, FCRA, Hiring & Firing, Job Applicants, Local Ordinance

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September 18 Deadline Set By U.S. Citizenship and Immigration Services for Employers to Use Revised Form I-9

Currently, every employer that recruits, hires, or refers employees for a fee in the U.S. is required to complete the Form I-9, Employment Eligibility Verification process within three days of a new employee’s hiring.  On July…more

Employment Eligibility Verification, Hiring & Firing, I-9, USCIS

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New Jersey Courts Hands Victories to Open Government Records Advocates

Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of more…more

Criminal Investigations, Electronically Stored Information, Law Enforcement, Municipalities, Public Disclosure

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Second, Eleventh and Seventh Circuits Disagree Whether Title VII Extends to Claims of Sexual Orientation Discrimination

On March 27 the Second Circuit held that Title VII does not provide protection against workplace discrimination based on sexual orientation. In Christiansen v. Omnicom Group Inc., the plaintiff alleged that his employer…more

DOMA, EEOC, Employer Liability Issues, Sex Discrimination, Sexual Orientation Discrimination

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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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Appellate Court Expands Rice Notice Requirements

Following the February 8, 2017 Appellate Division decision in Kean Federation of Teachers v. Morell, public bodies must review their processes for issuing Rice notices and making available meeting minutes to the public. In…more

Appeals, Board Meetings, Meeting Minutes, Public Entities, Rice Notice

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How will the Looming New Jersey Government Shutdown affect your Business?

In a letter to Cabinet officials yesterday, Governor Christie’s Acting Chief Counsel instructed all State departments to draft contingency plans and prepare for short-term shutdown if the State budget for FY 2018 is not passed…more

Government Shutdown, Governor Christie, State Budgets

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High Court Agrees Pension Plans Sponsored by Church-Affiliated Hospitals Are ERISA-Exempt and Upholds Decades of IRS, PBGC and DOL Guidance - Labor and Employment Law Blog

In a much-anticipated decision, on June 5 the U.S. Supreme Court held that a pension plan sponsored by a religious affiliated nonprofit hospital qualifies as an ERISA-exempt church plan even though the plan was not initially…more

Advocate Health Care v Stapleton, Church Plans, DOL, ERISA, Exemptions

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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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Making Use of a Deceased Spouse’s Unused Estate Tax Exemption Simplified

The election for married couples to elect portability of the Federal Estate Tax Exemption was introduced in late 2010 when the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act (“TRUIRJCA”) was signed into…more

Deceased Spousal Unused Exclusion, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, IRS

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Mr. Martinez (Maybe) Goes to Washington: NJ Chief Administrator to be Appointed by President Trump

Raymond Martinez, the current Chair and Chief Administrator of the New Jersey Motor Vehicle Commission (“MVC”), is to be appointed by President Trump as the next Administrator of the Federal Motor Carrier Safety Administration…more

FMCSA, Presidential Appointments, Trucking Industry, Trump Administration

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