We strive to deliver the latest news and provide unique perspectives on pertinent legal topics both in New Jersey and Nationwide.
November 11, 2021
Update: A Brief Survey of Recent Appointments & Nominations to the United States District Court for the District of New JerseySince our June 2021 alert, three additional jurists have been confirmed to the District of New Jersey.
November 9, 2021
New York District Court Holds That Website Without Public-Facing, Physical Operations is Not a “Place of Public Accommodation” Under the Americans with Disabilities ActThe Court’s decision means that websites without a brick-and-mortar presence do not need to be ADA compliant.
November 1, 2021
Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation of Right of PublicityIn a precedential opinion, the Third Circuit became the first Circuit Court of Appeals to apply the intellectual property exception under Section 230 of the Communications Decency Act of 1996 to state law right of publicity claims.
October 27, 2021
District of New Jersey Recognizes Good Cause for ISP to Provide Identity of Alleged Infringer Through Expedited Discovery, But Won’t Let Public Peek Behind CurtainIn a recent opinion, the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule 26(f) conference discovery to obtain the identity of an anonymous defendant accused of infringement from its Internet Service Provider, or ISP.
October 14, 2021
Trending Law Blog: Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?In a post by Trending Law Blog, Rob Nussbaum highlights the recent decision by the High Court of Australia which determined that media companies in Australia could be held liable for defamation as a result of comments left by third-parties on the companies' social media pages, and the ramifications this decision may have elsewhere.
October 14, 2021
Defendant Sings the Blues as Third Circuit Decides Claim Preclusion Based on Prior TTAB Decision Does Not Apply in Matter of First ImpressionIn a recent precedential opinion, the United States Court of Appeals for the Third Circuit determined, in an issue of first impression, that trademark cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) do not have claim preclusive effective in trademark infringement lawsuits in federal district court.
October 7, 2021
New Jersey Governor Phil Murphy Signs Legislation Strengthening Protections Against Age DiscriminationAlthough the New Jersey Law Against Discrimination already prohibits discrimination and harassment based on age -- and based on other protected classes such as race, religion, gender, and more -- on October 5, 2021, Governor Phil Murphy signed into law A681, which strengthens protections against age discrimination in several key ways.
October 6, 2021
Trending Law Blog: Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded ImagesIn a recent post by Trending Law Blog, Rob Nussbaum discusses the recent decision by the SDNY that addresses whether embedding videos and photos on a website from a social media platform without permission from the owner may infringe on intellectual property rights.
September 29, 2021
Trending Law Blog: N.J. Supreme Court Dismisses Disciplinary Charges Against Attorney for Alleged Ethics Violation Involving the Use of Social MediaIn a recent post by Trending Law Blog, Rob Nussbaum discusses the recent decision by the N.J. Supreme Court to dismiss disciplinary charges against an attorney for allegedly violating New Jersey’s Rules of Professional Conduct after a paralegal “friended” an adverse party on Facebook.
September 16, 2021
District of New Jersey Enacts New Restrictions on Courthouse Access in Response to COVID-19 PandemicOn 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.