Joshua S. Bauchner

Joshua S. Bauchner

November 14, 2024 | New York Law Journal

How Businesses Can Protect Themselves Given the Influx Nature of Non-Competes

A discussion of the ways businesses can protect themselves given the dynamic nature of non-compete agreements in light of numerous court actions pertaining to the proposed FTC ban.

By Joshua S. Bauchner and Frank Custode

6 minute read

July 16, 2024 | New Jersey Law Journal

Navigating Local Hurdles: Challenges Facing Cannabis Applicants in New Jersey

"Navigating New Jersey's evolving cannabis regulations poses substantial challenges for businesses, primarily due to municipalities' broad authority under CREAMMA," write Mandelbaum Barrett's Joshua S. Bauchner and Natalie C. Diaz.

By Joshua S. Bauchner and Natalie C. Diaz

8 minute read

July 09, 2024 | New York Law Journal

Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter V

The Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.

By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner

7 minute read

February 23, 2024 | New York Law Journal

New NY Statute Restricts Access to Employee Social Media; Imposes Notice Requirements

Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.

By Joshua S. Bauchner and Jed M. Weiss

6 minute read

January 24, 2024 | New Jersey Law Journal

NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming Minorities

In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.

By Joshua S. Bauchner

4 minute read

November 08, 2019 | New York Law Journal

How a Case Reversed a 100+ Year Precedent and Cleared the Way for Cost-Effective Shore Protections

The impact of the 'Karan' decision has and will continue to ripple through New Jersey courts for years to come.

By Lawrence H. Shapiro and Joshua S. Bauchner

8 minute read

October 03, 2016 | New Jersey Law Journal

The N.J. Construction Lien Law: A Powerful, Equitable Tool

This article details the correct interpretation of the enforcement mechanisms under the CLL, as articulated by the Supreme Court of New Jersey, to ensure payment for services rendered.

By Joshua S. Bauchner

11 minute read

September 12, 2014 | New York Law Journal

Let Them Plead in the Alternative

Joshua S. Bauchner writes: The right to plead claims in the alternative is well established in New York state practice and jurisprudence. Yet, courts often seek to "streamline" cases at the very nascent stages of a litigation by dismissing so-called "duplicative" claims seeking alternative forms of relief.

By Joshua S. Bauchner

9 minute read

June 27, 2013 | New Jersey Law Journal

Fending Off the Appointment of a Receiver

When a tenant files for bankruptcy, the landlord is left having to service its mortgage without cash flow from that tenant. In this situation, it is unjust and ineffective to appoint a receiver to collect rents or manage the property.

By Joshua S. Bauchner

7 minute read

September 27, 2013 | New York Law Journal

The False Hope of Lost Profits Damages

Joshua S. Bauchner of Ansell Grimm & Aaron guides the practitioner through the pitfalls of lost profits damages to ensure the focus is on recovery, regardless of how the damages are characterized.

By Joshua S. Bauchner

8 minute read