Gibbons Law Alert

Rebuilding New Jersey After Sandy – Hurdles for Nonconforming Uses

On November 16, 2012

On October 29, 2012, Superstorm Sandy devastated many areas of New Jersey, with the coastal areas seeing unprecedented devastation. Residents and business owners from the Jersey Shore, including the bayshore areas, face the daunting task of rebuilding. Many business and property owners, however, cannot simply apply for a building permit to replace damaged structures. For many, it will be an uphill legal battle to rebuild. This is particularly true for property owners who had been operating nonconforming uses.

The Copyright Office Expands DMCA Exemptions to Broaden the Use of Technological Controls

by Gibbons P.C.

Posted in Copyright

On November 16, 2012

Last week, the U.S. Copyright Office published new exemptions to the Digital Millennium Copyright Act (“DMCA”), making circumvention of certain technological measures for restricting access to copyrighted works legally acceptable. The exemptions took effect on October 28, 2012, and will last until the end of 2015.

IP Department Chair David De Lorenzi Recognized for Firm’s IP Growth and Gibbons Institute of Law, Science & Technology

by Gibbons P.C.

Posted in Intellectual Property

On November 14, 2012

David De Lorenzi brings enthusiasm and creativity to any undertaking, be it building and directing the highly regarded Intellectual Property Department at Gibbons P.C., creating and overseeing the firm’s Apprenticeship Program, or helping develop and lead the Gibbons Institute of Law, Science & Technology at Seton Hall University School of Law.

N.J. Appellate Court Clarifies That Owners of Pre-1993 Property Must Prove Due Diligence During Acquisition Under the Innocent Purchaser Defense Codified in the Spill Act

by Gibbons P.C.

Posted in Environmental and Green Issues

On November 14, 2012

On October 29, 2012, as Hurricane Sandy began its assault on the State, a New Jersey Appellate Court in New Jersey School Developments Authority v. Marcantuone created its own “storm” in Spill Act jurisprudence by holding that purchasers of contaminated property prior to September 14, 1993, can be liable under the Spill Act if they failed to conduct due diligence prior to purchase. In reaching this conclusion, the Appellate Division held that the long-standing 2001 decision in White Oak Funding, Inc. v. Winning had been superseded, in part, by the 2001 amendments to the Spill Act (“2001 Amendments”), which had been adopted a few weeks before the White Oak decision and became effective a week after the decision.

New Jersey Supreme Court Tolls Filing Deadlines Due to Impact of Hurricane Sandy

by Gibbons P.C.

Posted in General Litigation

On November 13, 2012

In light of the wide-ranging and destructive impact of Hurricane Sandy, the New Jersey Supreme Court ordered that October 29, 2012, through November 16, 2012, shall be deemed the same as legal holidays for purposes of computing filing deadlines under the court rules and any statutes of limitations. Thus, any New Jersey state court filing that would otherwise be due between October 29, 2012, and November 16, 2012, will be deemed timely if filed on Monday, November 19, 2012.

Is Lear Still King?

by Gibbons P.C.

Posted in Patent

On November 13, 2012

In a recent decision, the Second Circuit crowned Lear, Inc. v. Adkins, 395 U.S. 653 (1969), but a petition to the Supreme Court has the possibility of dethroning this ruling and Lear. In Lear, the Court held that a licensee could challenge the validity of patents despite an agreement to the contrary. Contract law, the Court noted, must yield to the public’s interest in ensuring monopolies do not go unchecked. Lear, Inc., 395 U.S. at 670-71. Since that decision, courts have taken varied approaches to Lear. See, e.g., Licensee Patent Validity Challenges Following MedImmune: Implications for Patent Licensing,. 3 HASTINGS SCI. & TECH. L.J. 243-439 (2011).

NLRB Weighs in on Permissible “At-Will” Employment Language

by Gibbons P.C.

Posted in Policies and Handbooks

On November 12, 2012

In light of recent guidance by the National Labor Relations Board (the “Board”), non-union employers should review the “at-will” language found in their handbooks (and many standalone policies) to make sure it does not constitute an unlawful waiver of an employee’s right to engage in union activity. By now, it should come as no surprise that the Board has an interest in non-union workplaces. From promoting a mandatory workplace posting requirement to challenging seemingly innocuous social media policies, the Board should be on the radar screen for all employers. Most recently, the Board has weighed in on at-will disclaimers found in most handbooks or manuals. Such disclaimers typically explain that the employment relationship is not a contractual one, and the employer or employee can end employment at any time for any reason so long as that reason is not unlawful.

PhRMA Opposes FTC’s Proposed Rules for Reporting Certain Pharmaceutical Licensing Transactions

by Gibbons P.C.

Posted in Pharmaceuticals

On November 7, 2012

We recently reported that during the August doldrums the Federal Trade Commission (FTC) proposed for comment amendments to the Hart-Scott-Rodino rules that would require reporting of licensing agreements under which a patent holder grants an “exclusive” license, but retains the limited right to manufacture solely for the recipient of the patent rights, or a right to assist in developing and commercializing the product covered by the patent (“co-rights”) and the value of the license exceeds the HSR minimum (currently $68.2 million).

How Employers Can Combat the Flu

by Gibbons P.C.

Posted in Policies and Handbooks

On November 7, 2012

Flu season is here. Even when pandemic levels of the influenza virus are not expected, the flu nevertheless impacts businesses whose employees become ill and/or need to take time off for flu-related reasons. With limited restrictions, employers are permitted to adopt policies and practices to encourage flu prevention, to control workplace flu outbreaks and to maintain optimal efficiency during flu season, provided that their practices are applied consistently, non-discriminatorily and in keeping with published employment policies and handbooks.

Taking Over Former Employee’s LinkedIn Account Not a Violation of Federal Law, According to Pennsylvania District Court

by Gibbons P.C.

Posted in E-Discovery: Legal Decisions and Court Rules / Privacy and Data Security

On November 5, 2012

A Pennsylvania Federal District Court has decided that an employer did not violate the Federal Computer Fraud and Abuse Act (“CFAA”) or the Federal Lanham Act, when it took control of a departed employee’s LinkedIn account. The Court ruled that (1) the CFAA, which in part prohibits unauthorized access to a computer with the intent to defraud, did not come into play and (2) no trademark infringement in violation of the Lanham Act had occurred.