Lowenstein Sandler PC

The decision in PBM Nutritionals v. Lexington Insurance Company, No. 110669 (Va. Cir. Ct., April 20, 2012), highlights the hurdles a company must overcome when trying to obtain insurance coverage for a first-party loss involving…more

Does an employee whose job functions include the duty to address concerns of wrongdoing in the workplace have grounds to assert a whistle-blower lawsuit under the Conscientious Employee Protection Act (“CEPA” or the “Act”) when…more

Pursuant to a recent decision issued by the U.S. Equal Employment Opportunity Commission (EEOC), discrimination based on gender identity, change of sex, or transgender status now constitutes sex discrimination in violation of…more

In the latest chapter of the saga regarding employers' obligation to hang a mandatory poster informing employees of their right to unionize and other rights under the National Labor Relations Act ("NLRA"), on April 17, 2012, the…more

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act, or JOBS Act. The JOBS Act is an amalgam of various provisions that proponents claim are strongly pro-business and that are intended to…more

Yesterday, Congress passed the Jumpstart Our Business Startups Act (the “JOBS Act”). President Obama is expected to sign the JOBS Act into law as early as this week. The stated purpose of the JOBS Act is to drive the creation of…more

Recent case law demonstrates that when agreeing to add a party as an additional insured, careful risk management requires explicit and unambiguous insurance provisions to properly assign risk. In Marshall v. Raritan…more

The Hiring Incentives to Restore Employment Act, which was signed into law on March 18, 2010, includes a provision that subjects certain “dividend equivalent” payments to foreign persons to U.S. withholding tax by treating those…more

The exclusive claim of a single color as a trademark is one of the more controversial areas of trademark law. The debate surrounding when it is appropriate to allow one entity exclusive rights to a single color in connection…more

On March 2, 2012, a Washington, D.C., federal judge affirmed the right of the National Labor Relations Board (NLRB) to require both unionized and nonunionized employers to display the poster informing employees of their right to…more

Can the U.S. build consumer trust and global interoperability without creating restrictive regulations that stifle innovation? That is what the Obama administration is attempting to do in the recently released Commerce…more

Businesses located anywhere in the United States that store or maintain “personal information” about a Massachusetts resident must comply with the Massachusetts data security regulations issued by the Office of…more

After a period of public comment relating to certain Commodity Futures Trading Commission (CFTC) proposals released in January 2011, the CFTC issued final rules adopting significant revisions to regulations involving…more

As the professional use of social media continues to proliferate, it was only a matter of time before this question reached the courts: who owns an employee’s Twitter followers amassed on an account that was created as…more

For any business facing potential litigation, preparing for electronic document preservation obligations now can pay off down the road. Just two weeks ago, in Voom HD Holdings LLC v. EchoStar Satellite L.L.C. (EchoStar), a…more