Gibbons Law Alert

Gibbons Law Alert Blog

On April 18, 2012

The New Jersey Department of Environmental Protection (“NJDEP”) will soon release scores for contaminated properties pursuant to the Remedial Priority Scoring (“RPS”) system. The RPS system was mandated by the Spill Compensation and Control Act (N.J.S.A. 58:10-23.16) as amended by the Site Remediation Reform Act (“SRRA”). Under the statute, the factors that NJDEP may consider in ranking the sites include: the level of risk to the public health, safety, or the environment; the length of time the site has been undergoing remediation; the economic impact of the contaminated site on the municipality and on surrounding property; and any other factors deemed relevant by the NJDEP.

Patent Office Introduces After Final Consideration Pilot

by Christopher H. Strate

Posted in Patent

On April 18, 2012

On April 2, 2012, the United States Patent and Trademark Office announced the implementation of a new After Final Consideration Pilot. The AFCP will allow an examiner to consider and enter amendments submitted after a final rejection that will require new searching by the examiner. For a long time the Patent Office has been monitoring the length of time that applications have been pending and the increasing number of applications filed. The Patent Office has proposed numerous solutions that attempt to bend the application curve, including accelerated examination, pre-appeal brief conferences, and limiting the number of requests for continued examinations and continuation applications. The AFCP is another effort that has the potential to help reduce the application volume.

New Jersey Appellate Division Limits Application of Parol Evidence Rule in Fraudulent Inducement Cases and Finds that Unsophisticated Fraud Claimant Can Only Be Charged With His Actual Knowledge

by Christopher Walsh

Posted in General Litigation

On April 17, 2012

In a to-be-published opinion in Walid v. Yolanda for Irene Couture, Inc., the New Jersey Appellate Division reaffirmed and clarified the scope of the fraudulent inducement exception to the parol evidence rule. The court also clarified the level of knowledge to be imputed to a contracting party when assessing the reasonableness of that party’s reliance on the alleged misrepresentations.

Robert E. Rudnick to Speak at Joint Patent Practice Seminar on April 17

by Gibbons P.C.

Posted in Patent

On April 16, 2012

Robert E. Rudnick, a Director in the Gibbons Intellectual Property Department, will be speaking at the Annual Joint Patent Practice Seminar on April 17, 2012, at the New York Marriott Marquis on the Federal Circuit’s decision in General Protecht Group, Inc. v. Leviton Mfg. Co., Inc. The case involved a forum selection clause in a patent settlement agreement.

April 30, 2012 Deadline for Compliance with NLRB Employee Rights Posting Requirement May Be Extended Again

by Kristin D. Sostowski

Posted in Labor

On April 16, 2012

As we have previously reported in the Employment Law Alert, an National Labor Relations Board (NLRB) final rule adopted last August requires most private sector employers — including companies that are not unionized — to post in their workplaces a Notice of Employee Rights under the National Labor Relations Act. The deadline for employers to comply, which has been extended twice in the wake of lawsuits challenging the Board’s authority to issue the rule is currently set for April 30, 2012.

Gibbons Intellectual Property Department Chair Listed in New Jersey Super Lawyers

by Gibbons P.C.

Posted in Firm News / Intellectual Property

On April 16, 2012

David E. De Lorenzi, Chair of the firm’s Intellectual Property Department, was listed in New Jersey Super Lawyers as a leader in his field. Overall, 69 Gibbons attorneys were listed in New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars. The Super Lawyers selection process comprises hundreds of thousands of statewide or regional surveys supplemented by a comprehensive examination of each nominee’s background and experience, focusing on such criteria as verdicts and settlements; transactions; representative clients; honors and awards; educational background; and other outstanding achievements. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers. Those receiving the highest point totals in the nomination process are included in the statewide top 100 attorney and top 50 women attorney lists.

Gibbons Employment & Labor Law Lawyers Listed as Leaders in Their Fields

by Gibbons P.C.

Posted in Firm News / Labor

On April 16, 2012

Six lawyers in the Gibbons Employment & Labor Law Department were listed in New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars, distinguishing them as leaders in their fields. In addition, Christine A. Amalfe, Chair of the Department, was listed as both a top 100 attorney in New Jersey and a Top 50 female attorney. Susan L. Nardone, a Director in the Department, was also listed as a Top 50 female attorney. Overall, 69 Gibbons attorneys were featured in these two publications.

CAFC Chief Judge Rader on Curbing E-Discovery, Part II

by Charles H. Chevalier

Posted in E-Discovery / Patent

On April 13, 2012

In succession to remarks he made this past Fall about the soaring costs of electronic discovery in IP cases and unveiling the Model Order Regarding E-Discovery in Patent Cases, Federal Circuit Chief Judge Randall Rader recently told the ABA Section of IP Law that both the bar and the bench together, must continue to rein in the high costs of e-discovery. Chief Judge Rader suggested that attorneys’ need to limit their e-discovery requests and courts should consider implementing rules to facilitate efficient and cost effective discovery, as many have begun to do.

Quinlan v. Curtiss-Wright: Plaintiff-Employee Bears Burden of Proving Front Pay Damages

by Gibbons P.C.

Posted in Discrimination

On April 12, 2012

In the latest chapter of the ongoing case of Quinlan v. Curtiss-Wright Corporation, the New Jersey Appellate Division has ruled that while an employer, found to have terminated an employee in violation of the New Jersey Law Against Discrimination (“the LAD”), has the burden of persuasion to establish a plaintiff’s failure to mitigate damages with respect to back pay, the employer does not have the burden of persuasion with respect to a plaintiff’s failure to mitigate future losses, including front pay. In reversing a jury award for front pay in the amount of $3,650,318 because of improper jury instructions on the front pay issue, the Appellate Division suggested a framework for proper jury instructions on front pay damages and referred the issue to the Model Civil Jury Charge Committee. The Court also reversed the jury’s punitive damages award of over $4.5 million, concluding that that award was linked to the front pay award. The Court held that a new trial was required on both the front pay issue and on punitive damages.

Program in Pharmaceutical Management – April 26-27, 2012

by Gibbons P.C.

Posted in Biotech / Patent / Pharmaceuticals

On April 10, 2012

Gibbons is proud to once again sponsor lunch at the Rutgers Business School’s Blanche and Irwin Lerner Center for Pharmaceutical Management Studies Program on Thursday, April 26, and Friday, April 27, at Rutgers Business School – Newark, One Washington Park, Room 1027, 10th Floor.