Genova Burns LLC

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an…more
| Labor & Employment Law

N.J. Supreme Court Finds Material Breach by Company That Knowingly Refused to Cooperate with Arbitration Demands Filed in Compliance with the Arbitration Agreement

The New Jersey Supreme Court has ruled that a company’s refusal to cooperate with plaintiffs’ arbitration demands was a material breach of their arbitration agreement, which barred the company from later compelling arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

District of New Jersey Ruling Leaves Employers High and Dry as to Guidance on Dealing with Medical Marijuana Users

On February 21, 2017, the District of New Jersey dismissed a wrongful termination lawsuit by a medical marijuana user who claimed that the employer failed to accommodate his disability in violation of the New Jersey Law Against…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Science, Computers, & Technology

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to Justify Discharge

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that the…more
| Civil Rights, Labor & Employment Law, Transportation

Is the Time Ripe for New Jersey Pay-to-Play Reform?

For more than a decade, New Jersey has had in place a series of pay-to-play laws that impose reduced contribution limits and heightened disclosure requirements for government contractors. The goal of these laws is to ensure fair…more
| Commercial Law & Contracts, Elections & Politics, Government Contracting

Trump Blinks and Signs Revised Executive Order; States React Immediately

On March 6 President Trump signed a second Executive Order revoking his January Order and replacing it with Executive Order (“March Order”) effective March 16, 2017 that is intended to overcome court challenge. The March Order…more
| Civil Procedure, Elections & Politics, Immigration Law, International Law & Trade, Labor & Employment Law

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Labor & Employment Law, Transportation

News-Gatherer not Nightcrawler: District Court Denies NYPD’s Motion to Dismiss Photojournalist’s First Amendment Complaint

The U.S. District Court in Manhattan recently allowed a photojournalist’s complaint against the New York Police Department (NYPD) and City of New York to go forward. In Jason B. Nicholas v. The City of New York, 15-CV-9592,…more
| Civil Procedure, Communications & Media Law, Constitutional Law

New York Issues Regulations Implementing its Trailblazing Paid Family Leave Law

Last year, the New York State Legislature passed the country’s most wide-ranging paid family leave law, providing employees with wage replacement during time away from their job in order to bond with a child, care for a close…more
| Labor & Employment Law

Union Fund Uses NY False Claims Act to Blow Whistle on Prevailing Wage Violator and Recover $33,750

In the first reported case of its kind in New York, in February a union fund received a five-figure settlement payment from a Harlem-based general contractor that worked on a New York City affordable housing project after the…more
| Construction Law, Labor & Employment Law, Government Contracting

Deadline for New Jersey's Annual Pay-to-Play Disclosure is Approaching: Is Your Company Ready to File?

The New Jersey Election Law Enforcement Commission (“ELEC”) requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of government contracts during the 2016 calendar year to…more
| Business Organizations, Elections & Politics, Government Contracting

Plainfield Repeals Local Pay-to-Play Ordinance

New Jersey is home to a multitude of overlapping pay-to play laws. The State has a default statute covering pay-to-play restrictions at the municipal level. In 2006, however, the State Legislature allowed municipalities to craft…more
| Elections & Politics

Late Portability Election Denied for Estate That Was Over the Estate Tax Return Filing Threshold

One of the key changes of the 2010 Tax Relief Act is the addition of “portability” of the first deceased spouse’s unused basic exclusion amount, commonly referred to as the deceased spousal unused exclusion amount. Under…more
| Taxation, Wills, Trusts, & Estate Planning

When it Comes to Pay-to-Play, Not All Political Recipients are Created Equal

If any New Jersey State contractor or potential State contractor out there ever thought that it didn’t need to put political-activity and pay-to-play compliance at the top of its “To Do” list, we have a cautionary tale for…more
| Commercial Law & Contracts, Elections & Politics, Government Contracting
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494 Broad Street
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Contact: Alexandra Kahn, Business Development & Marketing Coordinator

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Areas of Practice
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