Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

NYC Law Expected To Change Employer Use of Credit Checks

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Posted in Privacy and Data Security

On May 7, 2015

The City of New York likely will tighten the reins on an employer’s ability to use credit checks when making hiring and retention decisions. The City Council approved a bill that would amend the New York City Human Rights Law, § 8-102 et seq. (“NYCHRL”) to prohibit an employer, labor organization, employment agency, or their agents from using an applicant’s or employee’s “consumer credit history” for employment purposes or to otherwise discriminate against an applicant or employee based on consumer credit history. If the legislation is signed by the Mayor – on whose desk the proposed bill now sits – it will go into effect within 120 days after the Mayor signs.

Rule Amendments Update: U.S. Supreme Court Adopts Proposed Amendments

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Posted in E-Discovery: Legal Decisions and Court Rules

On May 5, 2015

On April 29, 2015, the United States Supreme Court adopted, without changes, the proposed amendments to the Federal Rules of Civil Procedure. (For background information on the proposed amendments, see our previous blog posts from September 25, 2014, June 19, 2014, May 27, 2014, February 10, 2014, and May 6, 2013. Absent action by the United States Congress, the proposed amendments will take effect on December 1, 2015.

NLRB General Counsel Issues Memorandum Regarding “Quickie” Election Rule

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Posted in Labor

On April 29, 2015

On April 14, 2015, the National Labor Relations Board’s “quickie” election rule took effect (despite pending lawsuits challenging the legality of the rule). Earlier this month, the Board’s general counsel issued a 36-page memorandum to provide guidance on the new rule, which we summarize in some detail below in an effort to help employers navigate these new waters. The memorandum serves as a reminder that non-union businesses should consider implementing a labor relations strategy now so they can effectively, lawfully, and quickly respond to a notice of petition for election if they receive one under the new rule. An in-depth discussion of the general counsel’s memorandum is provided. The highlights are as follows:

2015 Amendments to New York State Brownfield Cleanup Program

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Posted in Development/Redevelopment

On April 20, 2015

After a number of failed attempts over the past several years, the New York State Legislature and Gov. Andrew Cuomo reached agreement as part of the 2015-16 state budget on sweeping amendments to the New York State Brownfield Cleanup Program (BCP). This achievement is significant in light of the scheduled expiration of tax credits under the program on December 31, 2015. The attached article published by Bloomberg BNA, reprinted with permission, and co-authored by David J. Freeman, reviews the key elements of the amended statute, evaluates their significance and identifies some of the important unresolved issues that will need to be addressed in implementing the new law.

Pennsylvania’s Paid Sick Leave Ordinance May Be Put On Permanent Bed Rest but Trenton’s Ordinance Survives Court Challenge

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Posted in Employee Benefits

On April 20, 2015

In response to the growing trend of municipalities enacting paid sick leave ordinances, business groups are trying to fight back. On April 15, 2015, the Pennsylvania Senate passed a bill that would overturn Philadelphia’s new paid sick leave law. In New Jersey, however, a court challenge to Trenton’s paid sick leave ordinance has hit a roadblock.

New Jersey Appellate Division Says Experts Cannot Serve as Conduits for Hearsay Conclusions from Non-testifying Experts

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Posted in General Litigation

On April 13, 2015

After our recent report concerning a recent New Jersey Supreme Court opinion on the use of hypothetical questions with expert witnesses, New Jersey’s Appellate Division, in a to-be-published opinion, also placed limits on appropriate questions for experts, holding that non-testifying experts’ opinions cannot be “bootstrapped” into the record by asking testifying experts if their conclusions are “consistent” with a non-testifying expert’s. James v. Ruiz, No. A-3543-13T2, 2015 N.J. Super. LEXIS 46 (App. Div. Mar. 25, 2015).

New Jersey Attorneys Must Face Ethics Charges for Facebook Friending

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Posted in E-Discovery: Legal Decisions and Court Rules / Litigation Preparedness and Strategies

On April 8, 2015

On February 3, 2015, the Appellate Division of the New Jersey Superior Court affirmed the dismissal of a complaint two attorneys filed against the Office of Attorney Ethics and its Director (collectively “OAE”) claiming OAE lacked authority to investigate and prosecute ethics grievances against them for “friending” a party to a litigation on Facebook. The Appellate Division’s decision is significant – it affirms OAE’s power to investigate and prosecute alleged ethical violations and demonstrates the potential consequences for attorneys’ improper use of social media in litigation.

Congress Reintroduces Innovation Act in Hopes to Curb Frivolous Patent Litigation

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Posted in Patent / USPTO

On April 7, 2015

Recently, House Judiciary Committee Chairman Robert Goodlatte reintroduced a patent reform bill, known as the Innovation Act of 2015 (H.R. 9) (“The Act”). This reintroduced bipartisan bill is substantially similar to its predecessor, Innovation Act of 2013. The Innovation Act of 2013 had received overwhelming support by the House of Representatives, but was ultimately tabled, along with other patent reform bills, due to bipartisan disputes.

SDNY Clarifies Standard for Allowable “Discovery on Discovery”

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Posted in E-Discovery: Legal Decisions and Court Rules

On April 6, 2015

A requesting party seeking to compel discovery into the producing party’s document collection processes – sometimes called “discovery on discovery” – has always faced an uphill battle. Courts fear allowing discovery to continue indefinitely. Mere suspicion of deficient document production is insufficient; the requestor must proffer an “adequate factual basis” for its belief. Recently, the Southern District of New York found that such a showing is not made where the requestor produced only limited relevant unproduced emails and the requestor did not specify how its requested relief would remedy the alleged discovery defects.

State Bar of California Revises Proposed E-Discovery Ethics Opinion

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Posted in Technology Developments and Issues

On April 1, 2015

Attorney competence is currently one of the most-discussed issues in e-discovery. Not surprisingly, much attention has been paid to the proposed ethics opinion issued last year by the State Bar of California that addresses an attorney’s ethical duties in the handling of the discovery of ESI. (See e.g., our previous blog post summarizing topics addressed at the Gibbons Eighth Annual E-Discovery Conference.) In response to several critical comments received during the public comment period, the California Bar’s Standing Committee on Professional Responsibility and Conduct met in December 2014 and issued a revised version of Proposed Formal Opinion Interim No. 11-0004 (ESI and Discovery Requests). The public comment period for the revised version of the proposed opinion ends on April 9, 2015.

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