We strive to deliver the latest news and provide unique perspectives on pertinent legal topics both in New Jersey and Nationwide.
June 6, 2023
The Garden State Law Podcast: My business has been sued! Now what?Businesses large and small in New Jersey are sued every day. Contrary to popular belief, the litigation process is not like what you see in Hollywood. Join Saiber litigator Michael Shortt as he walks through the litigation process, and discusses what all businesses should know when they are being sued.
June 2, 2023
Trending Law Blog: Section 230 Dodges Yet Another Judicial BulletIn a post by Trending Law Blog, Rob Nussbaum discusses two recent decisions of the Supreme Court where the Court once again did not avail itself of an opportunity to consider the issue of social media platforms’ immunity under §230 of the Communications Decency Act, which protects social media platforms when they are sued for re-publishing content from a third-party.
May 26, 2023
The Saiber Construction Law Column: May 2023Many construction contracts contain arbitration provisions because arbitration is a faster and less expensive way to resolve disputes as compared to litigation. Thus, New Jersey’s public policy strongly favors arbitration as a means of dispute resolution.
May 22, 2023
District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant PhotosOn April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct.
May 15, 2023
Third Circuit Amends Filing Deadlines to 5:00 p.m. ETThe United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00 p.m. ET filing deadline (for both electronic and paper filings). The new rules are effective July 1, 2023, with a grace period until December 31, 2023 for papers mistakenly filed after 5:00 p.m. ET.
April 25, 2023
The Saiber Construction Law Column: April 2023Under New Jersey law, parties who hire an independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform.
April 21, 2023
The Garden State Law Podcast: A Guide to Restrictive Covenants in New JerseyAre restrictive covenants becoming a thing of the past? Not exactly, says Jack Losinger on the latest episode of the Garden State Law Podcast. However, non-compete agreements and other restrictive covenants may have some significant changes coming. Learn more about how proposed legislation may impact the enforceability of restrictive covenants in New Jersey.
April 17, 2023
Revisions to SBA Loan Rules Will Permit 7(a) SBA Loan Proceeds to be Used to Purchase Partial Changes in Business OwnershipThe Small Business Administration (SBA) is proposing revisions to its current lending rules with the potential to both expand access to business ownership for individuals and provide more flexible succession planning options for current business owners.
April 11, 2023
Trending Law Blog: Social Media Influencer Sues Facebook and TwitterIn a recent post by Trending Law Blog, Rob Nussbaum highlights a recent case where a social media influencer sued Facebook and Twitter for allegedly violating his First Amendment rights by flagging his posts and suspending his social media accounts.
April 3, 2023
Fiduciaries in Estate Matters: Who Do You Trust?As part of the estate planning process, clients nominate trusted friends or family members (or sometimes, banks or other institutions, depending on the role) to serve key roles: Executor, Trustee, Guardian, Agent under a Power of Attorney, Health Care Representative and Funeral Agent. Clients, as well as these individuals they intend to appoint, understandably want an explanation of the responsibilities of each of these key roles. Most importantly, as fiduciaries, each of these administrators will step into a role where they will have a duty to act in the best interest of the principal.