Commercial Litigation

NLRB Holds That Facebook “Likes” are Protected Employee Activity

November 26, 2014
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The National Labor Relations Board (“NLRB”) ruled that a Connecticut employer violated the National Labor Relations Act (“NLRA”) when it dismissed two employees who had engaged in a discussion on Facebook that was critical of the employer’s tax withholding practices. A bartender and a waitress at the Triple Play Sports Bar and Grille in Watertown, […]

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NJ Supreme Court Says Arbitration Agreements Must Specify Waiver to Bring Suit

November 25, 2014
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A recent New Jersey Supreme Court decision serves as a notice to companies doing business in New Jersey that arbitration clauses should contain a clear statement that the contracting party is waiving his or her right to bring suit in court. In Atalese v. U.S. Legal Services Group, L.P., 2014 WL 4689318 (N.J. Sept. 23, […]

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NJ Employers Allowed to Shorten Limitation Periods for Employee Lawsuits and Set Terms for Dispute Resolution

November 24, 2014
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A recent decision by the Appellate Division of the Superior Court of New Jersey confirmed the right of New Jersey employers to shorten the statute of limitations for wrongful termination claims to six months and to dictate how employment disputes will be resolved. Background Sergio Rodriguez filed suit against Raymours Furniture Company (“Raymours”) nine months […]

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NLRB Adopts New Standards for Independent Contractor Classification Test

November 21, 2014
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The National Labor Relations Board (“NLRB”) has developed a new standard for determining whether a worker can be classified as an employee or as an independent contractor, diverging from a D.C. Circuit Court of Appeals decision in 2009 that placed emphasis on an individual’s entrepreneurial opportunity in determining employment status. In its ruling in FedEx […]

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Joint Ownership of Intellectual Property Provides Potential for Legal Complications

November 20, 2014
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With so much innovation occurring almost daily in the technology sector, it is not unusual for companies to work cooperatively with other entities to speed development and time to market. Once the product or service has been developed, ownership rights come into play and the concept of joint ownership is proposed to “keep things fair.” […]

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Illinois District Court Nixes EEOC Title VII Separation Agreement Lawsuit

November 19, 2014
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The U.S. District Court for the Northern District of Illinois has found that the Equal Employment Opportunity Commission (“EEOC”) was not authorized to file suit against CVS Pharmacy, Inc. for a violation of Title VII of the Civil Rights Act of 1964 because the agency did not first attempt to pursue a conciliation agreement with […]

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Pennsylvania Court Ruling Demonstrates Unintended Consequences of Integration Clauses

September 22, 2014
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A recent Pennsylvania appellate court decision highlights an unintended consequence of integration clauses in executive agreements that can inadvertently change the provisions of existing non-compete clauses. The case — Diskriter, Inc. v. Baker, Case No. 14-1245 (Pa. Super. Aug. 1, 2014) — involved former president and CEO of Diskriter, which was subsequently acquired by New […]

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NJ Supreme Court Ruling Exhibits Broad Interpretation of Common Interest Rule

September 19, 2014
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The recent New Jersey Supreme Court ruling in Martin E. O’Boyle v. Borough of Longport, No. A-16-12, 070999 (N.J. July 21, 2014), held that the common interest rule – which extends the confidentiality of attorney-client communications and attorney work to information product shared with attorneys who represent different clients – may protect documents from disclosure under […]

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Alabama High Court Goes Against Trend in Innovator Liability Decision

September 17, 2014
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The Alabama Supreme Court recently affirmed its 2013 decision that a plaintiff who used only the generic version of a brand-name drug can sue the brand-name manufacturer under Alabama law. In its August 15, 2014 decision in Wyeth v. Weeks, No. 1101397 (Ala. 2014), the Court found that brand-name manufacturers could be held liable under […]

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Ruling Strengthens FTC’s Data Security Authority

August 11, 2014
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A recent U.S. District Court for the District of New Jersey ruling in Federal Trade Commission v. Wyndham Worldwide Corp. (No. 13-1887, U.S. District Court, D.N.J., April 7, 2014), has strengthened the FTC’s authority over business data security violations by allowing the agency to proceed in its suit against Wyndham for failing to protect consumer […]

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