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As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States...

Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“ Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals). In Boeing, the Board delineated categories of work rules: certain rules...

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions and has many questioning whether the change will attract legal hurdles...

​"Oops, [it] did it again." Analogous to Ms. Spears's lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting rule. Beginning January 1, 2024, for employers in specific high-hazard...

A recently filed class action lawsuit raises more legal challenges to providers of generative artificial intelligence (AI) tools that are used to create content. The suit cautions that a doomsday scenario is approaching and alleges a host of privacy and other violations occurring along the way. What...

Cannabis Legal & Business Issues for Employers & Employees There is no shortage of legal issues and regulations about which employers and employees must be aware. And with the introduction of state-legalized cannabis products for both medicinal and adult use, the legal landscape governing these...

Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations would cause substantial increased costs in relation to the conduct of the...

New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers in the state from using non-compete agreements. The bill now awaits final...

On June 8, 2023, the Supreme Court issued a unanimous decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ---, 2023 WL 3872519, reversing VIP Products’ victory in a trademark case against Jack Daniel’s, and remanding to the Arizona District Court for further proceedings. What...

Hot Topics in eDiscovery Join Associate Christie McGuiness and Director of Litigation Support Services Ricky Brooman during the upcoming SDNY Chapter of the Federal Bar Association IN PERSON discussion of eDiscovery featuring an esteemed panel of speakers. Following the discussion, attendees are...

​On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The involved patents, US 8,829,165 and US 8,859,741, are directed to monoclonal...

​The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and other characteristics that mimic the sound and style of famous musicians...

New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), authorizes the legal sale and use...

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