Gibbons Law Alert

Gibbons Law Alert Blog

New York City Brownfield Partnership Releases NYU Study on New York State Brownfield Cleanup Program

Posted in Environmental and Green Issues

On February 3, 2014

The New York City Brownfield Partnership, a non-profit public-private partnership promoting the cleanup and redevelopment of brownfield sites in New York City, has just released a study analyzing the impact of the New York State Brownfield Cleanup Program (BCP) on the cleanup and redevelopment of brownfield sites in New York State. The study was directed by Barry F. Hersh, Clinical Associate Professor at New York University’s Schack Institute of Real Estate, with financial support from the Partnership. The study provides timely and valuable information to the debate over proposed changes to the program.

Omaha! Feds Tackle Counterfeiters of NFL® Merchandise in Lead Up to the Big Game

by Gibbons P.C.

Posted in Trademarks

On January 31, 2014

On Thursday, multiple federal law enforcement agencies announced that they have seized infringing knock off NFL® merchandise and Super Bowl® tickets valued at more than $20 million. Agents from both the U.S. Immigration and Customs Enforcement and the Department of Homeland Security, in cooperation with NFL® officials, conducted perhaps the largest Super Bowl® counterfeiting sting ever in what has become an annual tradition.

Cuomo Budget Proposals Seek to Revise NY State Brownfield Cleanup Program

by David J. Freeman

Posted in Environmental and Green Issues

On January 30, 2014

Governor Andrew Cuomo has proposed major revisions to the New York State Brownfield Cleanup Program (BCP) in the budget he submitted to the state legislature last week. These changes, if enacted, will have a major impact on the types of projects that will be attracted to and accepted into the Program, and the extent to which they are eligible for tax credits.

U.S. Supreme Court Continues Trend of Narrowing Scope of General Jurisdiction Over Foreign Defendants

by Terry Myers, Jeffrey L. Nagel and Thomas R. Valen

Posted in General Litigation

On January 29, 2014

A trend is apparent only in hindsight. It is now reasonably clear that the United States Supreme Court has, over the last several years, restricted access to United States courts by litigants seeking to recover from foreign defendants for alleged wrongdoing outside of the United States. Thus, the Court has reinvigorated the presumption against the extraterritorial application of United States law (Morrison v. National Australia Bank); rejected the argument that foreign subsidiaries of a United States parent corporation would be amenable to suit based on general jurisdiction simply because a small percentage of their goods were continuously shipped to the forum state (Goodyear v. Brown); and held that the presumption against extraterritoriality applies to the Alien Tort Statute (Kiobel v. Royal Dutch Petroleum). Each decision had the effect of narrowing access to United States courts for claims against foreign corporations based upon conduct that took place outside of the United States.

Remedial Investigation Deadline Extended to May 7, 2016 if Conditions Met

by Gibbons P.C.

Posted in Environmental and Green Issues

On January 28, 2014

A number of Responsible Parties are breathing a sigh of relief. On January 21, 2014, Governor Christie signed legislation authorizing a two year extension for Responsible Parties to complete their remedial investigations before risking being placed under direct oversight of the New Jersey Department of Environmental Protection (NJDEP). The deadline has been extended from May 14, 2014, to May 7, 2016, under certain circumstances. Pursuant to the Site Remediation Reform Act (SRRA), the deadline applies to all site investigations or preliminary assessments that are being conducted to address discharges or contaminated areas of concern that have been or should have been identified on or before May 7, 1999.

IP Practitioners — Get Ready for the Global Patent Prosecution Highway!

by Estelle J. Tsevdos, Ph.D.

Posted in USPTO

On January 24, 2014

Recently, in an effort to expedite patent prosecution internationally, thirteen countries, including the United States, have established a Global Patent Prosecution Highway (“GPPH”): Australia (IP), Canada (CIPO), Denmark (DKPTO), Finland (NBPR), Japan (JPO), Korea (KIPO), Nordic Patent Institute (NPI), Norwegian Patent Office (NIPO), Portugal (INPI), Russia (ROSPATENT), Spain (SPTO), United Kingdom (IPO), and USA (USPTO). Unfortunately, the European Patent Office has not signed on to the GPPH yet.

New Jersey Pregnancy Discrimination Law Effective Immediately

by Gibbons P.C.

Posted in Discrimination

On January 23, 2014

On January 21, 2014, Governor Chris Christie signed into law S2995/A4486, which amends the New Jersey Law Against Discrimination (LAD) to prohibit discrimination based on pregnancy, childbirth or related medical conditions, including recovery from childbirth, in the workplace. This measure is effective immediately. The legislation requires employers to treat women affected by pregnancy in a manner similar to employees who are not affected by pregnancy, but who share in their ability or inability to work.

Pennsylvania Superior Court Upholds Pennsylvania Choice-of-Law Provision in Restrictive Covenant Dispute Involving California Employee

by Gibbons P.C.

Posted in General Litigation

On January 23, 2014

In Synthes USA Sales, LLC v. Peter Harrison and Globus Medical, Inc., No. 12 EDA 2013, the Superior Court of Pennsylvania applied a Pennsylvania choice-of-law provision in an employment agreement containing confidentiality and non-solicitation provisions in a dispute over an employee who worked in California. In Pennsylvania, so-called “restrictive covenants” and “non-competes” are enforceable if they are incident to an employment relationship, reasonably necessary to protect the employer’s legitimate interests, reasonably limited in duration and geographical scope, and supported by adequate consideration. California law, in contrast, is notoriously hostile to restrictive covenants, with a statute rendering most employment restrictive covenants unenforceable.

Gibbons Directors Howard Geneslaw and Lawrence Lustberg to Speak at 2014 New Jersey Planning Conference

by Gibbons P.C.

Posted in Development/Redevelopment / Real Estate

On January 22, 2014

Howard D. Geneslaw, a Director in the Gibbons Real Estate Development practice group, and Lawrence S. Lustberg, a Director in the Gibbons Criminal Defense Department, as well as the Director of the firm’s John J. Gibbons Fellowship in Public Interest & Constitutional Law, will both speak at the “2014 New Jersey Planning Conference” presented by the New Jersey Chapter of the American Planning Association on January 23-24.

Former Roche Senior Counsel Joins Gibbons Intellectual Property Department

by Gibbons P.C.

Posted in Intellectual Property

On January 21, 2014

Joining Gibbons P.C. as Counsel in the Intellectual Property Department is Samuel H. Megerditchian, who recently served as Senior Counsel at Hoffmann-La Roche Inc. and is the former chief chemist at a major multinational corporation. Mr. Megerditchian’s arrival reinforces the firm’s focus on offering clients the opportunity to work with strategically-minded intellectual property attorneys with deep, hands-on industry experience. Roughly one-third of the attorneys in Gibbons Intellectual Property Department have joined the firm from the ranks of chief patent, IP, or licensing counsel across the pharmaceutical, telecommunications, biotechnology, consumer products, and chemical industries.