Andrew M Moskowitz

Andrew M Moskowitz

July 21, 2023 | New Jersey Law Journal

NJ Supreme Court Weighs Recordings and Presence of Third Parties at Defense Medical Examinations

Where the court departed from the Appellate Division was the latter's determination that the defendants bore the burden of demonstrating why a neutral third-party observer or an unobtrusive recording should not be permitted.

By Andrew M. Moskowitz

8 minute read

March 13, 2023 | New Jersey Law Journal

Forced Arbitration of Sexual Harassment, Sexual Assault Claims Is Likely Over but Questions Remain

While the act bars only the forced arbitration of sexual harassment and sexual assault claims, it is an important first step in restoring employees' ability to bring discrimination and harassment claims in open court.

By Andrew M. Moskowitz and James E. Burden

9 minute read

May 24, 2018 | New Jersey Law Journal

But Wait, There's More!  Equal Pay Act Contains Other Important Provisions

The act also includes broad anti-retaliation protections, a six-year statute of limitations, and exposure to treble damages.

By Andrew M. Moskowitz

6 minute read

November 06, 2017 | New Jersey Law Journal

A Primer on Employer's Duty to Accommodate Employees Injured in the Workplace

Are employers required to provide light-duty work for an injured employee? Must they keep an injured employee's job open for more than 12 weeks? Can they retaliate against an employee for filing a workers' compensation claim?

By Andrew M. Moskowitz

8 minute read

April 17, 2017 | New Jersey Law Journal

Employer's 'Honest Belief' Is Complete Defense to FMLA Retaliation Claim

In 'Capps v. Mondelez Global,' the Third Circuit determined that an employer who was both certain and wrong that an employee misused his FMLA leave could escape liability under the FMLA.

By Andrew M. Moskowitz

13 minute read

April 23, 2015 | New Jersey Law Journal

The Perils of an Unduly Adversarial, Passionate or Emotional Summation

During the course of his or her summation, it is understood that "[c]ounsel's arguments are expected to be passionate, 'for indeed it is the duty of a trial attorney to advocate.'"

By Andrew M. Moskowitz

7 minute read

April 23, 2015 | New Jersey Law Journal

The Perils of an Unduly Adversarial, Passionate or Emotional Summation

During the course of his or her summation, it is understood that "[c]ounsel's arguments are expected to be passionate, 'for indeed it is the duty of a trial attorney to advocate.'"

By Andrew M. Moskowitz

7 minute read

December 22, 2014 | New Jersey Law Journal

It's Not the Same as Court!

After the N.J. Supreme Court's decision in Atalese v. U.S. Legal Services Group, arbitration clauses must state very clearly that the parties are waiving their right to sue in court.

By Andrew M. Moskowitz

8 minute read

October 01, 2014 | New Jersey Law Journal

How to Behave (and Not Behave) at a Deposition

Federal court sanctions Jones Day attorney for interruptions and witness-coaching during deposition, and imposes a creative sanction on the firm.

By Andrew M. Moskowitz

7 minute read

July 17, 2014 | New Jersey Law Journal

Employee Misconduct Caused by a Disability Is Still Misconduct

Diabetic employee in California is spared from losing her job for eating a few potato chips without paying for them when her blood sugar was low. In N.J., she could have been fired.

By Andrew M. Moskowitz

8 minute read