Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

Recent New Jersey Appellate Division Case Reminds Employers to Carefully Draft Written Communications to Employees Regarding Leaves of Absence

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Posted in Family Leave

On June 17, 2011

The New Jersey Appellate Division’s recent decision in Lapidoth v. Telcordia Techs., Inc., 2011 N.J. Super. LEXIS 103 (App. Div. June 9, 2011) serves as an important reminder that an employer must exercise care in communications with employees regarding leaves of absence to avoid unintended contractual obligations, even when the employer has complied with its statutory obligations.

The Gibbons E-Discovery Task Force and the NJ Chapter of Women in E-Discovery present “The Internet and Social Media in the Courtroom”

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Posted in E-Discovery: Legal Decisions and Court Rules / Technology Developments and Issues

On June 16, 2011

Please join the Gibbons E-Discovery Task Force and the NJ Chapter of Women in E-Discovery in its presentation of “The Internet and Social Media in the Courtroom,” hosted at Gibbons on Tuesday, June 21, 2011, from 6:30 to 7:30 pm. CLE credit is available for NJ and NY, and pending for PA. Jennifer A. Hradil will moderate a panel featuring Mara E. Zazzali-Hogan, Jennifer Marino Thibodaux, and Suzanne Herrmann Brock, regarding the use of social media in litigation and the courtroom.

The Role of Lawyers in the Age of Electronic Discovery — Don’t Hit Delete!

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Posted in Technology Developments and Issues

On June 13, 2011

Will developments in technology make lawyers more efficient or will they become extinct? A March 2011 article in The New York Times, entitled “Armies of Expensive Lawyers, Replaced by Cheaper Software,” discussed the significant efficiency and accuracy of e-discovery software in document review over that of human review. Although technology has enabled computers to imitate humans’ ability to reason at even higher levels, rest assured that Armageddon is not looming on the legal profession’s horizon.

District Court Awards Tory Burch $164 Million in Anti-Counterfeiting Litigation

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Posted in E-Commerce / Trademarks

On June 13, 2011

Tory Burch LLC (“Tory Burch”), the makers of women’s apparel, designer shoes and fashion accessories, recently obtained a $164 million damages award against forty-one defendants accused of selling counterfeit versions of its products through numerous websites. This decision confers the largest award ever granted to a fashion company in a counterfeiting action.

Pennsylvania Court Orders Plaintiff to Disclose Facebook and MySpace Passwords, User Names, and Log in Names to Defendant

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Posted in E-Discovery: Legal Decisions and Court Rules

On June 10, 2011

A Pennsylvania trial court recently became one of a growing number of courts to rule that a plaintiff’s non-public Facebook and MySpace postings are discoverable. On May 19, 2011, in Zimmerman v. Weis Markets, Inc., No. CV-09-1535, 2011 WL 2065410 (Pa. Comm. Pl. May 19, 2011) the Court of Common Pleas of Pennsylvania granted the defendant’s motion to compel the plaintiff, a former employee of the defendant, to disclose his Facebook and MySpace passwords, user names and log in names. Notably, the Court reasoned that because the plaintiff voluntarily posted all of the pictures and information on his Facebook and MySpace sites, he had no reasonable expectation of privacy to the postings although the posts were on non-public pages.

U.S. Supreme Court to Montana: “Stay Thirsty, My Friend.”

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Posted in Environmental and Green Issues

On June 9, 2011

The Supreme Court in Montana v. Wyoming –U.S.–, 131 S.Ct. 1765 (2011), rejected Montana’s claim that Wyoming’s usage of water depleted the amount of water available to it under the Yellowstone River Compact between Montana and Wyoming. Montana contended that Wyoming breached Article V(A) of the Compact which provided that “appropriative rights to the beneficial uses of the water of the Yellowstone River System existing in each signatory State as of January 1, 1950, shall continue to be enjoyed in accordance with the laws governing the acquisition and use of water under the doctrine of appropriation.”

New Jersey Program to Fund Brownfield Clean Ups Closed Temporarily

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Posted in Development/Redevelopment / Environmental and Green Issues

On June 8, 2011

The Brownfield Reimbursement Program (the “Program”), a New Jersey State initiative designed to reimburse developers up to 75% of costs incurred to remediate a brownfield site, has run out of money and is temporarily shut down. This development arrives on the heels of a recent New Jersey Department of Environmental Protection (“NJDEP”) announcement that, effective May 3, 2011, applications to the Underground Storage Tank Fund, a similar initiative to help homeowners remove USTs, will not be reviewed or processed due to insufficient funds.

Knockout Punch: Claims of Futility & Computer Crashes Not Enough to Prevent Key Word Searches Requested by Former Champ

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Posted in E-Discovery: Legal Decisions and Court Rules

On June 6, 2011

Sports. Steroids. E-Discovery? Former middleweight champion Shane Mosley asserted claims of defamation against defendant Victor Conte, owner of Bay Area Laboratory Cooperative (BALCO), regarding Conte’s statements that Mosely allegedly used illegal steroids in his championship bout with Oscar De La Hoya. Mosely requested that a computer forensics expert be permitted to conduct key word searches on defendant’s computer hard drives and equipment. Defendant objected, claiming that all relevant documents had been disclosed and that a computer search would be futile. The New York Supreme Court disagreed. Mosley v. Conte, No. 110623/2008, 2010 N.Y. Misc. (Sup. Ct. New York Co. Aug. 17, 2010).

New Law Prohibits Discrimination Against the Unemployed by NJ Employers

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Posted in Discrimination

On May 27, 2011

Beginning on June 1, 2011, New Jersey employers are prohibited from discriminating against the unemployed in print and Internet job advertisements. Specifically, pursuant to section one of the recently-enacted statute, employers may not knowingly or purposefully publish a job posting that states any of the following: current employment is a job qualification; currently unemployed candidates will not be considered; or only currently employed job applicants will be considered.

Caveat E-Mailer: New York Court Holds E-Mail May Be Binding in Real Estate Transaction

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Posted in E-Discovery: Legal Decisions and Court Rules

On May 26, 2011

Acknowledging the widespread use of electronic communications in commercial transactions, courts and legislatures have recognized e-mails as binding legal documents. The Appellate Division of the Supreme Court of New York recently reinforced this trend by holding that an e-mail from a real estate broker could satisfy the writing and subscription requirements of the New York statute of frauds. In Naldi v. Grunberg, the plaintiff sued the owner of a commercial property in Manhattan claiming that the owner breached the plaintiff’s right of first refusal when the owner sold the property to another buyer. The plaintiff had offered through his broker to purchase the property for $50 million. The owner’s broker responded three days later with an e-mail that included the following statements: Counteroffer: $52 million; DD: No due diligence period although complete unfettered access and first right of refusal on any legitimate, better offer during a 30 day period.

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