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General Search Results:
It’s Settled . . . Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement Agreements
On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the settlement agreement’s non-disparagement clause was enforceable and not violative of the statutory prohibition against enforcing non-disclosure provisions in harassment/discrimination/retaliation cases, the employee’s allegedly disparaging statements did not actually violate the non-disparagement clause as written.
Genova Burns Bankruptcy Law Specialist Scott Rever Argues Winning Position on Major Precedential Decision
Genova Burns and Counsel Scott S. Rever, Esq., a specialist in the firm’s bankruptcy law practice, are pleased to confirm a recent win for our client. In this matter, a Debtor argued in his bankruptcy case that he could keep his interest in his home he owned with his wife that had 1 million dollars of equity and thumb his nose at his creditors. The court adopted our firm’s argument that the debtor’s interest in the property was not exempt, the Debtor could not retain his interest in the home, and the home was subject to being sold so the equity could be used to pay his creditors.
Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit
On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.
Dina Mastellone and Jennifer Roselle to Present "Clearing The Haze: Maintaining A Drug Free Workforce" Webinar for NJ CAR
Firm Partners Dina M. Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar entitled, "Clearing The Haze: Maintaining A Drug Free Workforce" for the New Jersey Coalition of Automotive Retailers (NJCAR) on June 8th.
New Jersey Supreme Court Confirms Improvement Authorities Must Engage in Competitive Bidding Process to Solicit Redeveloper
In a decision on April 28, 2022, in Dobco, Inc. v. Bergen County Improvement Authority, the New Jersey Supreme Court affirmed an injunction requiring the Bergen County Improvement Authority (BCIA) to use a public bidding process to select a redeveloper for to rehabilitate the Bergen County Courthouse.
Jennifer Roselle to Present Human Resources Legal Update Virtual Event for the Commerce and Industry Association of New Jersey
Partner Jennifer Roselle, Esq. will present a "Human Resources Legal Update" virtual event for the Commerce and Industry Association of New Jersey on May 4th.
Rebecca Moll Freed to Moderate New Jersey Energy Coalition Panel "The NJ Clean Energy Economy: Taking Stock & Looking Ahead"
Firm Partner Rebecca Moll Freed, Esq. is scheduled to moderate a panel for a New Jersey Energy Coalition (NJEC) zoom event entitled "NJ Clean Energy Economy: Taking Stock and Looking Ahead" on April 12th.
Calling all NJ Government Contractors—The ELEC Pay-to-Play Annual Disclosure Filing Deadline is Approaching
New Jersey’s annual pay-to-play filing deadline will be here at the end of March. If your business entity received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2021 calendar year, the time has come to begin preparing your Business Entity Annual Statement (“Form BE”).
Deadline for New Jersey's Annual Pay-to-Play Disclosure is Approaching
Does your company do business with New Jersey government entities? Does your company make political contributions to New Jersey political recipients? Does your company have a political action committee/continuing political committee that is active in New Jersey? Do your officers, directors, partners or their spouses make political contributions to New Jersey recipients? If you answered “yes” to any of these questions, you are most likely required to file an Annual Pay-to-Play Disclosure Form for calendar year 2021.
NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations
On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.
Jennifer Mazawey to Moderate Panel at Newark Regional Business Partnership 2022 Real Estate Market Forum
Firm Partner Jennifer Mazawey, Esq. will moderate the "Newark, An Equitable and Growing City" panel at the upcoming Newark Regional Business Partnership's 2022 Real Estate Market Forum. This event will take place virtually on March 1st and in-person at Nico Kitchen+Bar on March 2nd.
To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims
On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive for marijuana. In a matter of first impression, the Appellate Division in Antonucci v. Curvature Newco, Inc. held that federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights, with respect to discrimination, retaliation, and/or harassment claims.
Vaccination or (Possibly) Termination: Appellate Division Affirms NJ Executive Order 283
The Appellate Division upholds Governor Murphy’s Executive Order 283, one of the most recent COVID-19 mandates requiring full vaccination (without the alternative option for testing) for covered workers in healthcare and high-risk congregate facilities.
Genova Burns Chairman Angelo Genova, Managing Partner James Burns and Partner Rajiv Parikh Named to ROI-NJ Influencers: Power List 2022 - Law
Genova Burns is proud to announce that Chairman Angelo J. Genova, Esq., Managing Partner James M. Burns, Esq. and Partner Rajiv D. Parikh, Esq. have been named as three of the State's top attorneys in ROI-NJ's: 2022 Power List - Lawyers.
Jennifer Mazawey to Present at "Land Use Update 2022" for NJICLE
Partner Jennifer Mazawey, Esq. will present at an upcoming webcast entitled "Land Use Update 2022" for the New Jersey Institute for Continuing Legal Education on February 23rd.
Don Clarke Elected to Serve as Director of Turnaround Management Association's New Jersey Chapter
Firm Bankruptcy, Reorganization & Creditors' Rights Counsel Don Clarke, Esq. has been elected to the role of Director of the Turnaround Management Associates' New Jersey chapter.
Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory Intent
Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3, 2022, the three-judge panel held that an employee in a discrimination case bears the burden of persuasion at all stages. This employee’s argument fell short of that burden, and her case was, therefore, dismissed.
Jennifer Mazawey Offers Insight on What May Come for New Jersey's Commercial Real Estate Industry in 2022 in Recent ROI-NJ Article
Genova Burns Partner Jennifer Mazawey, Esq. gives readers some legal insight into real estate predictions for New Jersey in 2022 in a recent ROI-NJ article.
Angelo Genova Interviewed by New Jersey Business Magazine for their 2021 Business Thought Leaders Roundtable
Firm Chairman & Managing Partner Angelo J. Genova, Esq. was recently interviewed by New Jersey Business magazine as one of the most influential CEOs in the state to be part of its 2021 Business Roundtable.
Avi Kelin Publishes Article in ROI-NJ "Why Legislature Could (and should) Help N.J. Take Big Step Toward Autonomous Vehicles This Week"
Firm Counsel and Autonomous Vehicle Practice Chair Avi D. Kelin, Esq. recently had an article he penned, "Why Legislature Could (and should) Help N.J. Take Big Step Toward Autonomous Vehicles This Week", published in ROI-NJ.