Document(s) published by this organization: 20
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|‘Til Death Do Us Part: Avoiding Pitfalls Associated with Life Insurance Provisions in Family Law Matters|
Jan L. Bernstein, Thomas S. Novak; Sills Cummis & Gross P.C.;
February 2, 2016, previously published on January 2016A well drafted Matrimonial Settlement Agreement will contain language addressing appropriate security in case of death for all of the financial obligations included in the Agreement. These provisions often are focused on life insurance and can be complex. Without the right language, the security...
|The Third Circuit Affirms Test for Joint Employer Liability in Wage and Hour (FLSA) Matters, Distancing from the NLRB Position|
Andrew I. Glenn, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
January 19, 2016, previously published on November/December 2015On November 18, 2015, the Third Circuit issued an Opinion, Faush v. Tuesday Morning, Inc., Civil Action No. 2-12-cv-07137, which addresses whether the Defendant was a joint employer. The court explained that, unlike in the recent NLRB decision discussed in our September Client Alert, under Federal...
|Spoliation and Adverse Inferences: Paper Documents Count Too!|
Charles J. Falletta, Beth S. Rose; Sills Cummis & Gross P.C.;
January 19, 2016, previously published on December 2015Generally, the law of spoliation requires litigants to preserve relevant documents through a litigation hold in cases where litigation is reasonably anticipated, or to face potential litigation sanctions. However, is litigation reasonably anticipated and does the duty to preserve attach where a...
|Employers Beware of Relying on Handbooks to Create Enforceable Arbitration or Other Agreements with Employees|
Dana A. Brady, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
October 30, 2015, previously published on October 2015Employers frequently distribute employee handbooks containing general policies and procedures to new employees. It is not uncommon for employee handbooks to include mandatory arbitration clauses, requiring employees to arbitrate employment-related disputes, rather than litigate them in court. Often...
|Raising the Bar for Design Defect Claims: A New Jersey Judge Puts Plaintiffs’ Feet to the Fire|
Beth S. Rose, William R. Stuart; Sills Cummis & Gross P.C.;
October 30, 2015, previously published on September 2015On August 14, 2015, the Honorable Jessica R. Mayer issued numerous rulings in four bellwether cases in the AlloDerm® Litigation, a multi-county litigation pending in New Jersey Superior Court in Middlesex County. Most notably, Judge Mayer dismissed plaintiffs’ design defect claims for...
|Target Discovery Ruling Sheds Light on Preserving Privilege of Post-Breach Internal Investigations|
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
October 30, 2015, previously published on October 2015Last week, on October 23, 2015, U.S. Magistrate Judge Jeffrey J. Keyes denied a class of banks’ motion that Target produce documents generated during its internal investigation of the massive 2013 holiday season data breach.1 This decision highlights the need for corporations to carefully...
|What Browning-Ferris Means to Union and Non-Union Employers|
Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
September 9, 2015, previously published on September 2015In a controversial 3-2 ruling, the National Labor Relations Board has overturned three decades of its own precedent and redefined joint employment in a manner that promises to create a sea change in labor relations and business relationships.
|Third Circuit Says FTC Can Regulate Corporate Cybersecurity Policies|
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
September 2, 2015, previously published on August 2015On August 24, 2015, the Third Circuit issued a precedential ruling affirming the District Court of New Jersey’s denial of Wyndham Worldwide Corporation’s (“Wyndham”) motion to dismiss a suit filed against it by the FTC. In the action, the FTC alleged that Wyndham’s...
|A Trifecta of Wage and Hour Developments: A Mixed Bag for Employers|
Charles H. Kaplan, Galit Kierkut, Jill Turner Lever, David I. Rosen; Sills Cummis & Gross P.C.;
August 13, 2015, previously published on August 11, 2015Given three critical recent developments in the area of wage and hour law, employers are well-advised to examine their wage and hour practices to ensure compliance and stay tuned for updates. An employer’s violation of wage and hour law, even if inadvertent, can be extremely costly.
|“Watchdog” Employees Are Entitled to Same Protections as Other Employees under New Jersey’s Whistleblower Statute|
Charles H. Kaplan, Galit Kierkut, Joseph V. Manney, David I. Rosen; Sills Cummis & Gross P.C.;
August 7, 2015, previously published on July 24, 2015New Jersey employers must proceed with great caution when disciplining “watchdog” employees, such as employees responsible for ensuring company compliance with laws and regulations. In Lippman v. Ethicon, Inc., the New Jersey Supreme Court recently held that claims brought by watchdog...