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Legal Blogs and Updates

To Arbitrate or Not to Arbitrate (Commercial Disputes)

Last October, a Philadelphia jury awarded $8 billion (that’s with a “b”) in punitive damages against Johnson & Johnson arising out of the drug manufacturer’s failure to warn boys who took the drug Risperdal that they could develop female breast tissue as a result. The specter of such ...

The Time for Employers to Begin Offering Commuter Benefits Is Inching Closer

Although federal law does not require an employer to offer commuter benefits to its employees, state law may soon do just that. As of March 1, 2020, or once the New Jersey Commissioner of Labor and Workplace Development promulgates regulations, New Jersey employers with 20 or more employees ...

On December 10, 2019, the United States Supreme Court issued its ruling in Rotkiske v. Klemm, an appeal from the Third Circuit concerning the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). The Supreme Court reviewed and affirmed the Third Circuit’s ...

New Jersey Contractors Should Keep a Leery Eye on Developing Debarment Law in New York

New Jersey contractors have cause to be concerned about a draconian debarment law in New York that, if it withstands a court challenge, could become a model for other states.

In April 2019, New York passed a law that, along with related regulations passed in June, require the Metropolitan ...

What Subcontractors Need to Know When a Construction Contractor Files Bankruptcy

With the recent bankruptcy filing by Hollister Construction Company, subcontractors and suppliers are faced with questions regarding the filing of construction liens. Many believe that the filing or foreclosure of a construction lien is not impacted by a general contractor’s ...

USDOL Issues Long-Awaited Update to Overtime Rules: Salary Threshold for Exempt Status Increased

Today, September 24, 2019, the United States Department of Labor (USDOL) published its long-awaited Final Rule expanding overtime eligibility. Under the Final Rule, which will become effective on January 1, 2020, employers may have to pay overtime to employees who never previously ...

EPA Awards Over $6 Million to PFAS Research

Last week, the Environmental Protection Agency announced approximately $6 million has been awarded, as part of the EPA’s Science to Achieve Results Program, to eight organizations for research into the environmental impacts of per- and poly- fluoroalkyl substances (PFAS). The ...

EPA Redefines Waters of the U.S. — Again — in Bid to Promote Regulatory Consistency

The U.S. Environmental Protection Agency (EPA) is taking the next steps toward repealing the 2015 Obama Administration-era rule defining Waters of the United States in order to achieve its stated goal of increased regulatory certainty. The changes are expected to affect anyone who is ...

New Jersey Moves to Expand Online Breach Notification Requirements

As the result of recent legislation, New Jersey residents now have additional rights to privacy and protection when it comes to their online accounts. Effective September 1, companies must disclose data breaches that involve usernames, email addresses and/or other account holder ...

EPA Proposes Revisions to Coal Combustion Residual Rule; Public Comments Accepted Until Mid-October

Last month, the United States Environmental Protection Agency (EPA) took further action that will impact electric utilities and other parties that handle Coal Combustion Residual (CCR), i.e., fly ash, bottom ash, boiler slag, and flue gas desulfurization materials resulting when coal is ...

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