When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to issue our more comprehensive view here, it looked like such a Continue Reading
Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision
When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do until the situation in the European Union stabilized. As of last week, that Continue Reading
Freedom of Contract in LLC Structure Is Not Absolute Where Parties Seek Bankruptcy Relief
In re Intervention Energy Holdings, LLC, Case No. 16-11247 (D. Del. June 3, 2016), the Bankruptcy Court for the District of Delaware dealt with the issue of whether a Delaware LLC lacked authority to file a Chapter 11 petition under the Bankruptcy Code because the limited liability company agreement Continue Reading
NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies
Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as needed. Employees supplied through an agency can, in theory, reduce the legal 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
Food Product Recalls – Are You Covered?
Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli that has sickened nearly 40 people in 20 states since December 2015. A few 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