Gibbons Law Alert

Kappos to Leave His Post, What Next . . .?

Posted in Patent

On November 29, 2012

As practitioners learned, The United States Patent and Trademark Office (USPTO) has confirmed that Director David Kappos plans to retire from his post in January 2013 after nearly three and a half years of service to the USPTO. Kappos’ Tenure – Director Kappos was sworn in as Under Secretary of Commerce for Intellectual Property and Director of the USPTO on August 13, 2009. His tenure has been evidenced by major change both within the USPTO and through the enactment of the Leahy Smith America Invents Act (herein “AIA” or “Act”) impacting global patent practice.

NLRB ALJ Strikes (Employer Policies) Again!

by Gibbons P.C.

Posted in Labor

On November 29, 2012

In a recent decision, a NLRB administrative law judge (the “ALJ”) found three policies in the Dish Network’s nationally-distributed handbook unlawful: a social media policy, a policy that restricts contact with the media, and a policy that restricts contact with government agencies. While the challenge to the social media policy is nothing new, the decision serves as a reminder for union and non-union employers alike that no policy is safe from scrutiny by the National Labor Relations Board (the “Board” or the “NLRB”).

Bulking Up on Information About the NJ Bulk Sales Act

by Gibbons P.C.

Posted in Transactional Real Estate and Leasing

On November 28, 2012

Buyers, sellers and their attorneys are faced with some tough issues when applying the New Jersey bulk sales law to particular real estate transactions, such as short sales, transfers by deeds in lieu of foreclosure, auction sales, sign and close deals and real estate joint ventures. Given the frequency of such real estate transactions in the current market, knowing how best to comply with the New Jersey bulk sales law with respect to these transactions can be critical to closing these deals.

Rebuilding New Jersey After Sandy – Potential Property Tax Relief for Owners of Damaged Properties

by Jennifer P. Smith

Posted in Development/Redevelopment

On November 26, 2012

This article is the second in a series that deals with the legal implications of Superstorm Sandy, which devastated many areas of New Jersey on October 29, 2012. Owners of property with a structure that has suffered substantial damage or that has been destroyed should be aware that they may qualify for a lower property tax assessment, which may result in lower property taxes next year.

Second Circuit Clarifies the Pleading Standard for “Substantial Assistance” in SEC Enforcement Cases Against Aiders and Abettors

by Gibbons P.C.

Posted in Appellate / Securities

On November 21, 2012

In SEC v. Apuzzo, the Second Circuit Court of Appeals recently lowered the pleading standard for aiding and abetting of securities fraud in SEC enforcement actions by reversing the District Court’s finding that proximate causation of the ultimate harm was required to establish substantial assistance. When evaluating aiding and abetting claims, courts previously extended the proximate cause requirement that applies in litigation between private parties to SEC enforcement proceedings. The SEC’s complaint in Apuzzo outlined the details of a complex, but calculated, fraud scheme. The defendant-appellee, Joseph Apuzzo, was the CFO of an equipment manufacturer — Terex Corporation.

Freelancer of “Live to Ride” Logo and Harley-Davidson Settle Their Dispute

by Gibbons P.C.

Posted in Copyright

On November 21, 2012

Closing the loop on our previous report, freelance commercial artist Wayne W. Peterson and the Harley-Davidson motorcycle company have reached a confidential settlement in their copyright spat. Peterson had alleged that the iconic motorcycle maker stole his copyrighted “Live to Ride” logo, created in 1985 and the “Harley-Davidson University” logo, created in 1991.

New York Court of Appeals Clarifies Relationship Between SEQRA and Brownfield Cleanup Act

by David J. Freeman

Posted in Development/Redevelopment / Environmental and Green Issues

On November 20, 2012

On October 23, 2012, the New York Court of Appeals handed down its decision in Bronx Committee for Toxic Free Schools v. New York City School Construction Authority. In it, the Court held that the public notice procedures that the School Construction Authority followed under the New York State Brownfield Cleanup Act (BCA) did not satisfy the related, but distinct public notice and comment obligations under the State Environmental Quality Review Act (SEQRA).

The USPTO Sets Up Two Additional Pro Bono Assistance Programs in California and D.C.

by Gibbons P.C.

Posted in USPTO

On November 19, 2012

Upon the passage of the America Invents Act (“AIA”) and in an effort to help individuals and corporations who are unable to afford legal advice relating to intellectual property, the USPTO has recently announced two additional pro bono assistance programs in California and the District of Columbia. With the addition of these two programs, the USPTO has created four intellectual property pro bono programs across the United States and is forecasting an additional ten by the end of 2013.

Time to Review Your Employee Policies and Training Programs

by Gibbons P.C.

Posted in Policies and Handbooks

On November 19, 2012

As we near the end of the year, now may be a good time to dust off your employee manual and training programs! An annual review of policies is a good best practice that can save your company both time and money in the long run. For instance, have you considered revising your policies or offering trainings in areas that have been the focus of recent legal activity such as: social media, confidentiality, reasonable accommodations, or bullying.

NJDEP Temporarily Waives Permitting Requirements For Rebuilding Infrastructure After Sandy

by Gibbons P.C.

Posted in Development/Redevelopment / Environmental and Green Issues

On November 19, 2012

On November 3, 2012, less than five days after Hurricane Sandy washed away much of the Jersey Shore and its infrastructure, NJDEP Commissioner Bob Martin signed Administrative Order No. 2012-13 (the “Order”), temporarily waiving permitting requirements for State, County and Municipal agencies seeking to rebuild after the storm. The swift action of NJDEP unleashed a storm of its own from critical environmentalists worried that the rush to rebuild the devastated areas would recreate the same vulnerabilities.