As the oil and gas industry continues to struggle in the face of the ongoing decline of commodity prices, a recent decision of the United States Bankruptcy Court for the Southern District of New York may have offered a glimmer of hope to upstream producers, while creating more uncertainty for Continue Reading
NJ’s Trust Code: The Major New Substantive Features
This is the fourth in a series of articles that explores New Jersey's version of the Uniform Trust Code, which will take effect on July 17. p.L. 2015, c. 276, section 4. This segment addresses the major new developments in the Trust Code, including the directed trust provisions (akin to an Continue Reading
Will Arbitration Clauses in Consumer Contracts Become Extinct?
Arbitration has long been favored by parties fearful of litigation costs and the unpredictability of runaway juries. Congress enacted this pro-arbitration federal policy in the 1925 Federal Arbitration Act (FAA). See generally 9 U.S.C. § 2. Section 2 of the FAA mandates that arbitration Continue Reading
Food Products: How Plain Packaging Could Make Counterfeiting Easier
As society becomes ever more health conscious, demand has grown for more information - including ingredients and warnings - about the products that we consume. In response, government agencies worldwide are considering regulations to help raise awareness of the risks or health concerns involved with Continue Reading
Deciding Whether to Seek Leave to File an Interlocutory Appeal
The considerations discussed in this article can assist you and your client in deciding whether to seek leave to appeal from an interlocutory order. When you receive an adverse interlocutory trial court ruling, it can be difficult to objectively evaluate the likelihood of success on a motion for Continue Reading
How the Cloud Can Help Shape Law Firms’ Data Security Efforts
Data breaches, like lawyers in Washington D.C., are everywhere. Nobody is above attack — hotels, retailers, film studios, tryst-sites, even the ASPCA all have been targets. Therefore, it comes as no surprise that, according to the 2015 ABA Legal Technology Survey Report, 15% of law firms have Continue Reading
Trust Beneficiaries and Virtual Representation Under the New Trust Code
This third in a series of articles explores New Jersey's version of the Uniform Trust Code, which will take effect on July 17. P.L. 2015, c. 276, section 4. This segment addresses new provisions defining the role of beneficiaries (including so-called "qualified beneficiaries") and virtual Continue Reading
New Jersey’s Trust Code: Creation, Validity and Types of Trusts
Exploring OSHA’s New and Increased Enforcement Initiatives
2016 brings two notable changes from the Occupational Safety and Health Administration (OSHA) that will impact the construction industry: 1) increased penalties for Occupational Safety and Health Act (OSH Act) violations; and 2) an expansion of the Worker Endangerment Initiative, an OSHA enforcement Continue Reading
Madden NFL Lawsuit Gets Sent Back to the Locker Room
On Monday, March 21, the Supreme Court of the United States declined to hear arguments in Electronic Arts v. Davis, a case originating from the Ninth Circuit. This was bad news for the petitioner, Electronic Arts (EA), who was seeking to strike the complaint under California’s anti-SLAPP Continue Reading