Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

From Ink to Occupancy – Part Three: Land Use Due Diligence – The Title Myth

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Posted in Transactional Real Estate and Leasing

On August 13, 2013

As the third installment in the series, “From Ink to Occupancy, A Game Plan for a Successful Real Estate Project,” stemming from the Gibbons Women’s Initiative Seminar Series held in May, this blog addresses the question of whether title review alone is sufficient for purposes of ascertaining what restrictions are in place for a property being acquired. The simple answer is NO. All too often commercial buyers anxious to close on a property take shortcuts and limit their due diligence to title review as opposed to conducting land use due diligence. This blog explains why, particularly in New Jersey, it is critical to conduct land use and zoning due diligence in addition to title review prior to the acquisition of a property, so that you can be fully aware of any potential restrictions impacting the property.

At the Intersection of Environmental and Bankruptcy Laws

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Posted in Environmental and Green Issues

On August 9, 2013

Where environmental liability and bankruptcy intersect, the landscape with respect to allocation of liability among potentially responsible parties (“PRPs”) with ongoing obligations to remediate contaminated property has been greatly affected by cases such as In re Chemtura Corp., 443 B.R. 601 (Bankr. S.D.N.Y. 2011) and In re Lyondell Chem. Co., 442 B.R. 236 (Bankr. S.D.N.Y. 2011), both decided by Judge Gerber in the Southern District of New York. The New Jersey Law Journal article, “At the Intersection of Environmental and Bankruptcy Laws,” by Uzoamaka Okoye and Natasha Songonuga, examines a small, but interesting aspect of the Chemtura decision to allow the contingent “future” portion of the proof of claim filed by the Delaware Sand & Gravel Remedial Trust (the “Trust”), notwithstanding that the claim related to the debtors’ future costs to pay for remedial work at a Superfund site.

Citing Concepcion, Ninth Circuit Holds that FAA Preempts Montana State Law that Invalidates Mandatory Arbitration Clause

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Posted in Class Action Defense

On August 8, 2013

In Mortensen v. Bresnan Communications, LLC, the plaintiffs filed a putative class action against Bresnan Communications alleging violations of various federal and Montana state laws in connection with targeted advertising that they received as customers of high-speed, broadband Internet service. When signing up for the service, the plaintiffs had entered into a subscriber agreement that contained a mandatory arbitration provision and designated the application of New York law to all disputes. Applying the U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, the Ninth Circuit found that the Federal Arbitration Act (“FAA”) preempted a Montana state law that the District Court had relied on to invalidate the mandatory arbitration clause.

Seventh Circuit Allows comScore Privacy Litigation to Proceed as a Class Action

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Posted in Class Action Defense

On August 6, 2013

In what has been dubbed, “the largest privacy class action suit ever,” the Seventh Circuit in Harris v. comScore, Inc., refused interlocutory review of the District Court’s order granting class certification. Although utterly silent as to the basis for denying review under Fed. R. Civ. P. 23(f), the Court of Appeal’s decision is likely to impact future privacy class actions as well as corporate culture as we know it.

New Jersey Employers Required to Provide Domestic Violence Leave

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Posted in Policies and Handbooks

On August 6, 2013

On July 17, 2013, New Jersey Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). Effective October 1, 2013, the law requires private and public employers with at least 25 employees to provide unpaid leave to any employee who was a victim of domestic violence or whose child, parent, spouse, domestic partner, or civil union partner was a victim of domestic violence.

CAFC Council Rescinds Model Order ….

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Posted in Patent

On August 6, 2013

We previously reported that the Federal Circuit Advisory Council (“the CAFC Council”) recently approved a “Model Order Limiting Excess Patent Claims and Prior Art” that set default numerical limits on the number of asserted patent claims and prior art references. Prior to this, we reported in October 2011, that Chief Judge Randall Rader of the Federal Circuit had announced that the CAFC Council had adopted a Model Order to streamline and reduce e-discovery costs.

Windsor Decision Brings Equal Benefits to Some Same-Sex Couples and Compliance Concerns to Employers

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Posted in Family Leave

On August 2, 2013

The U.S. Supreme Court’s landmark decision in United States v. Windsor, which struck down the Defense of Marriage Act provision limiting the federal definition of marriage to legal unions between one man and one woman, has left employers and employees alike scratching their heads regarding what the ruling means for family and medical leaves and employee benefits. Will compliance with Windsor require a bit more work for in-house counsel and human resources professionals? In the short term, yes. And given the likelihood of further changes in state marriage laws and federal agency guidance on numerous issues stemming from the Windsor ruling, continued monitoring and future adjustments are to be expected. But when the full impact of the Windsor decision shakes out, the end result should be equal treatment of same-sex couples with regard to leaves and employee benefits and fewer administrative burdens for companies in managing these benefits – changes that should be welcome to same-sex couples and employers alike.

Delaware Supreme Court Expands Class Action Tolling

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Posted in Class Action Defense

On August 2, 2013

In a decision that expands the ability of plaintiffs to bring class actions in Delaware, the Delaware Supreme Court in Dow Chemical Corp. & Dole Food Company, Inc. v. Blanco adopted so-called cross-jurisdictional tolling, holding that the statute of limitations as to the claims of individual members of a putative class is tolled while a putative class action on their behalf is pending, regardless of “whether the class action is brought in Delaware or in a foreign court.”

Jersey Strong: Biotech’s Continuing Strength in New Jersey

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Posted in Biotech

On August 1, 2013

According to a recent e-mail alert by BioNJ, some of the top Biotechnology and Pharmaceutical companies in the world call New Jersey home, just as other Life Sciences and high tech businesses continue to move into the Garden State. As a corollary, New Jersey boasts one of the top ten regions for recent STEM graduates to work, and venture capital investing in the technology sector grew in the second quarter of 2013.

New Jersey Supreme Court Provides Clarification on the Standards of Proof for LAD and CEPA Claims

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Posted in Discrimination / Whistleblower

On August 1, 2013

In a decision clarifying the standards of proof for retaliation claims arising under the Law Against Discrimination (“LAD”) and the Conscientious Employee Protection Act (“CEPA”), the New Jersey Supreme Court held in Battaglia v. UPS that, for purposes of an LAD retaliation claim, a plaintiff need only demonstrate a good faith belief that the complained-of conduct violates the LAD, and need not identify any actual victim of discrimination. As to the fraud-based CEPA claim, the Court held that the plaintiff must have “reasonably believed” that the complained-of activity was fraudulent. Finally, addressing the plaintiff’s emotional distress damages, the Court ruled that claims for future emotional distress must be supported by an expert opinion regarding permanency.

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