Luxury fashion is all about design. After design, come quality materials and workmanship, execution, branding, marketing and sales. But it starts and ends with the creative vision—the design—the protection of which is the lifeblood of the industry. China, for years the epicenter of fakes and Continue Reading
Cybersecurity Vendors Must Be Careful With New GSA Option
Machiavelli — yes, that Machiavelli — knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when addressing that power. To be sure, in his 1521 treatise "The Art of War," the Continue Reading
Ascertaining the Importance of Ascertainability in New Jersey State and Federal Courts
Most New Jersey litigators and first-year law students are generally familiar with the four threshold requirements for class action certification under Federal Rule of Civil Procedure 23: numerosity, commonality, typicality, and adequacy (or adequate representation). Most are also familiar with the Continue Reading
The Rising Cost of Natural Gas Transport
Natural gas customers are cruising down the road buoyed by historically low natural gas commodity prices, but around the corner lurks the toll of higher costs of pipeline transportation. Despite a competitive supply market, all consumers will see their bills rise. The nation will rely increasingly Continue Reading
Coal Plant Shutdowns: Operators Need to Manage Community Relationships
Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for defamation. The ACLU comes in to defend the group members. It sounds like Continue Reading
NJ’s Trust Code: Litigation and Other Issues
This fifth in a series of articles explores New Jersey's version of the Uniform Trust Code that takes effect on July 17. P.L. 2015, c. 276, section 4. This segment explores Trust Code provisions relating to litigation or disputed administration of trusts. These provisions should be considered by Continue Reading
Developers Win Latest Round in Wetlands Battle
How wet must water be to be considered “navigable” and thus subject to regulation by the Army Corps of Engineers? And, for the purposes of land development, who gets to decide? For decades, as the result of a hodgepodge of rules, regulations, statutory law and conflicting court decisions, Continue Reading
Deals Considered Bankruptcy-Proof Combust — Uncertainty heightens for midstream gatherers and processors after the Sabine decision
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