We strive to deliver the latest news and provide unique perspectives on pertinent legal topics both in New Jersey and Nationwide.
September 16, 2021District of New Jersey Enacts New Restrictions on Courthouse Access in Response to COVID-19 Pandemic
On September 13, 2021, Chief Judge Freda J. Wolfson of the United States District Court for the District of New Jersey issued Standing Order No. 2021-08, which requires visitors to District of New Jersey Court facilities to provide proof of COVID-19 vaccination or a recent negative PCR test.
September 13, 2021Third Circuit Vacates $10.6 Million Trademark Infringement Award, Clarifying Several Standards to Be Applied by Trial Courts
In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement judgment against Kars 4 Kids Inc. (“Kars 4 Kids”) and remanded to the District Court to reanalyze whether Kars 4 Kids should disgorge its profits to the prevailing party, America Can! Cars for Kids (“America Can”).
September 10, 2021New Jersey Department of Community Affairs Publishes the Model Electric Vehicle Charging Station Ordinance
The Electric Vehicle Charging Station Law, which Governor Murphy signed into law on July 9, 2021, required that the New Jersey Department of Community Affairs publish a statewide model ordinance to provide guidance on how to implement the provisions of the new statute.
August 19, 2021NJ Supreme Court to Hear Case of Pregnant, Unmarried, Catholic School Teacher Being Fired
Nathaniel Hawthore wrote: “[The scarlet letter] had the effect of a spell, taking her out of the ordinary relations with humanity, and enclosing her in a sphere by herself.” The same could be said of Victoria Crisitello, who, like Hester Prynne in Hawthorne’s “The Scarlet Letter,” found herself faced with the ramifications of violating religious code when the Catholic school in which she worked learned that Crisitello—an unmarried teacher—was pregnant.
August 13, 2021Trending Law Blog: Florida Enjoined from Enforcing Law Targeting Some Social Media Platforms
In a recent Trending Law Blog post, Rob Nussbaum examines the recent decision by the Northern District of Florida to enjoin Florida officials from taking any steps to enforce the Stop Social Media Censorship Act, which imposes requirements and prohibitions on some social media platforms relating to the speech hosted on their websites.
August 10, 2021Federal Circuit Dismisses as Untimely Patent Defendant’s Interlocutory Appeal
In a prior alert, we discussed Senior U.S. District Judge Stanley R. Chesler’s decision to deny defendant LG Electronics’s (“LG”) motion to stay a retrial on damages in a patent infringement case involving plug-and-play technology for televisions, pending the resolution of an interlocutory appeal on liability issues.
August 4, 2021Trending Law Blog: U.S. Supreme Court Upholds Student’s Off-Campus Free Speech Rights
In a recent post by Trending Law Blog, Rob Nussbaum discusses the United State Supreme Court's affirmance of the Third Circuit's decision that a school district had violated a student's First Amendment rights for using social media off-campus in a manner that violated school policy.
July 27, 2021Trending Law Blog: An Attorney’s Consequences for Making Injudicious Comments on Social Media
In a recent post by Trending Law Blog, Rob Nussbaum highlights a recent proceeding concerning a Tennessee attorney who had his law license suspended after making unethical comments on Facebook.
July 26, 2021Third Circuit Clarifies Requirements for Pleading a Trade Secret Misappropriation Claim under the Federal Defend Trade Secrets Act
In a recent published, precedential opinion, Oakwood Laboratories LLC v. Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit clarified the pleading standard necessary to allege a trade secret misappropriation claim under the federal Defend Trade Secrets Act (“DTSA”). This critical guidance provides a roadmap on how district courts in the Third Circuit will examine such claims, and thus how to defend or attack attempts to assert them at the pleading stage.
July 19, 2021President Biden’s Recent Executive Order and Pending New Jersey Bill Highlight a Growing National Trend to Curtail the Use of Non-Compete Agreements
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other directives, encourages the Federal Trade Commission to exercise its statutory rulemaking authority to curtail the use of non-compete clauses and other agreements that may unfairly limit worker mobility.