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On July 15, 2015, in Lippman v. Ethicon, Inc., Nos. A-65/66-13, 073324 (N.J. July 15, 2015), the New Jersey Supreme Court held that the protections of the New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 - 34:19-8 ("NJ CEPA" or "the Act") "extend to the performance of regular job duties by watchdog employees."  Lippman, Nos. A-65/66-13, 073324, slip op.…Read More

"Under federal and New York law, an account stated 'refers to a promise by a debtor to pay a stated sum of money which the parties had agreed upon as the amount due.' "  National Econ. Research Assocs., Inc. v. Purolite "C" Corp., No. 08 Civ. 7600, 2011 U.S. Dist. LEXIS 24458, at *6 (S.D.N.Y. Mar. 10, 2011) (citations omitted);…Read More

On June 29, 2015, New York City Mayor Bill DeBlasio signed, into law, the New York City Fair Chance Act, Local 63 of 2015 (the "Fair Chance Act," the "NYCFCA," "Local Law 63" or the "new Law"), which takes effect on October 27, 2015.  The Fair Chance Act prohibits most employers in New York City, other than employers in the…Read More

In New Jersey, the elements of trade libel, also known as product disparagement, are "1) publication; 2) with malice; 3) of false allegations concerning [the plaintiff's] property, product or business, and 4) special damages, i.e. pecuniary harm."  Mayflower Transit, LLC v. Prince, 314 F. Supp. 2d 362, 377 (D.N.J. 2004). "A product disparagement plaintiff [in New Jersey] must show 'the…Read More

Effective September 3, 2015, a new statute prohibits most employers in New York City, other than employers in the securities industry, from requesting or using an employee's or a job applicant's consumer credit history in making employment decisions. Specifically, on May 6, 2015, New York City Mayor Bill de Blasio signed, into law, Local Law 37 of 2015 ("Local Law…Read More

To prove a cause of action under section 2C:41-2(c) of the New Jersey Racketeer Influenced and Corrupt Organizations Act (“New Jersey RICO”), N.J.S.A. § 2C:41-2(c), the plaintiff must demonstrate (1) the existence of an enterprise, (2) that the enterprise engaged in or its activities affected trade or commerce, (3) that defendant was employed by, or associated with the enterprise, (4)…Read More

On December 29, 2014, New York State Governor Andrew Cuomo signed into law Assembly Bill 8106-C / Senate Bill 5885-B (the "Act"). Among other changes to current law, the Act renders the ten members with the largest percentage ownership interest of each limited liability company ("LLC") in New York State personally liable, jointly and severally, "for all debts, wages or…Read More

In New Jersey, the elements of common-law fraud are: "(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages." Gennari v. Weichert Co. Realtors, 691 A.2d 350,…Read More

In September 2014, the respective Mayors of four municipalities in New Jersey -- the Cities of East Orange, Passaic, and Paterson and the Township of Irvington -- signed into law paid sick leave ordinances for private employees (collectively, the "Sick Leave Ordinances" or the "Ordinances"). Effective January 2015, the East Orange, Irvington, Passaic, and Paterson Sick Leave Ordinances require employers…Read More

In New York, "In order to establish a breach of fiduciary duties, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant's misconduct." Kurtzman v. Bergstol, 40 A.D.3d 588, 590, 835 N.Y.S.2d 644 (2nd Dep't 2007); see also Pokoik v. Pokoik, 982 N.Y.S.2d 67, 70, 115 A.D.3d…Read More