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Dentons | USA | 15 May 2019

New Jersey agreements with employees: new law leaves nowhere to hide

Senate Bill 121 has amended New Jersey's longstanding Law Against Discrimination to prohibit any contractual provision that conceals "the details relating to a claim of discrimination, retaliation, or harassment". Notably, the new law applies to all existing and future agreements, except collective bargaining agreements. The law also preserves the enforceability of certain restrictive......
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Wilson Elser | USA | 15 May 2019

New Jersey Supreme Court signals potential sea change in scope of damages in auto accident cases

New Jersey's 'no-fault' automobile insurance scheme has been the subject of repeated reforms over the past 40 years. It aims to strike an appropriate balance between providing accident victims with prompt compensation for accident-related losses and reducing insurance costs for the motoring public at large. In a recent decision with potentially far-reaching implications, the New Jersey......
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Mendes & Mount LLP | USA | 30 May 2017

Asbestos claims and unavailability exclusion

After 1985 coverage for asbestos-related injuries claims became generally unavailable. However, courts are still grappling with the question of whether damages arising from asbestos claims should be allocated to the assured for periods when they were uninsured because insurance coverage was unavailable. In the past year, courts in Connecticut and New York have taken up the unavailability......
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Ropes & Gray LLP | USA | 17 May 2017

Some courts reject disclosure-only settlements, but New York court adopts different approach

The In re Trulia, Inc Stockholder Litigation decision effected a dramatic change in stockholder litigation in Delaware. Two cases – one from the Seventh Circuit Court of Appeals and the other from the New Jersey Superior Court of Union County – may signal growing support for Trulia in courts outside Delaware. More recently, however, the Appellate Division for the First Department of New York......
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Mayer Brown | USA | 10 Jan 2017

Federal district court upholds 'clickwrap' employment agreements

A federal district court recently denied two employees' motion for reconsideration of its prior order enforcing a 'clickwrap' agreement containing restrictive covenants and a forum selection clause. While pen and ink agreements will likely remain the better choice for full employment agreements, employers may consider the use of electronic agreements for regular policies which require......
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Seyfarth Shaw LLP | USA | 4 Apr 2016

Owner forfeiture of default termination rights

For construction contractors, default termination is the worst-case scenario from both a financial and reputational perspective. Despite the requirement to use discretion, many owners operate as though default termination were both an absolute remedy and a tool for leveraging the contractor should the relationship become strained.
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Mendes & Mount LLP | USA | 8 Apr 2014

Insurance legislation and the response to Hurricane Sandy

New York and New Jersey lawmakers have proposed amendments to their state's Unfair Claim Settlement Practices Act to empower policyholders against their insurers in the event of alleged bad-faith denial of claims. Insurers should familiarise themselves with these proposals, as there is a significant likelihood that they will have a considerable impact on claim reviews.
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Morrison & Foerster LLP | USA | 25 Feb 2014

Throwout: tax court amplifies no dual nexus decision

The New Jersey Tax Court has issued a written amplification of its bench decision in Lorillard Licensing Company LLC's appeal that the Division of Taxation may not apply dual nexus standards for throwout purposes. The state has appealed the tax court's bench decision.
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Reed Smith LLP | USA | 1 Nov 2012

New Jersey casinos permitted to offer mobile gambling on premises

The New Jersey Office of the Attorney General, Division of Gaming Enforcement recently unveiled new temporary regulations applicable to mobile gaming in Atlantic City casinos. With a focus on preventing underage gambling and protecting the security of mobile gaming, these new regulations will permit established and licensed casinos to enable mobile gambling on their property.
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Reed Smith LLP | USA | 1 Sep 2011

New Jersey announces tax compliance initiative for media companies

New Jersey recently announced a new corporate tax compliance initiative for media companies. Companies that come forward voluntarily can pay reduced tax and avoid significant penalties. However, companies have only until November 15 to take advantage of this programme.
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