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New Jersey Law Journal

Federal Preemption of 'Structure/Function' Claims on Dietary Supplements

Federal law offers some protections to dietary supplement manufacturers against class actions claiming label statements are false and misleading.
9 minute read

New Jersey Law Journal

Lessons Learned from Lithium-Ion Battery Litigation

As manufacturers, retailers and suppliers continue to face exposure for exploding lithium-ion batteries, it is important that they take proactive steps to protect themselves; this article provides helpful and practical advice.
9 minute read

New Jersey Law Journal

NJ's Appellate Division Addresses the 'Technical Feasibility' Requirement in Design Defect Claims

The appellate court examined the 'technical feasibility' requirement in the 'state of the art' defense to product liability design defect claims. It appears as though the tension between practicality and technological possibility will continue, and may ultimately require additional clarity from the New Jersey Supreme Court.
6 minute read

New Jersey Law Journal

Manufacturer Can Be Strictly Liable for Products Made and Sold by Others, Says NJ Supreme Court

On June 3, 2020, the New Jersey Supreme Court ruled that "manufacturers and distributors can be found strictly liable for failure to warn of the dangers of their products, including their asbestos-containing components and a third party's replacement components."
8 minute read

New Jersey Law Journal

NJ Supreme Court Opens Door for Plaintiffs to Pursue Product Liability Claims Under CFA

The 'Sun Chemical' decision has potentially opened the door, if not the flood gates, to a new wave of Consumer Fraud Act claims in cases traditionally governed solely by the Product Liability Act.
9 minute read

New Jersey Law Journal

CYBERSECURITY

In this special section on Cybersecurity: Exceeding Authorized Access Under the CFAA; Director and Shareholder Virtual Meetings Require Cybersecurity; Understanding Ransomware Stratagems; Ethical Obligations and the Use of Electronic Devices.
2 minute read

New Jersey Law Journal

Ethical Obligations and the Use of Electronic Devices

A recent California ethics opinion serves as an important guide to New Jersey lawyers regarding the use of electronic devices that contain confidential client information and the obligations of a lawyer in the event of actual or suspected unauthorized access by third parties to confidential client information.
9 minute read

New Jersey Law Journal

Understanding Ransomware Stratagems

Since the onset of the COVID-19 pandemic, the number of ransomware attacks has drastically increased, and evidence suggests that having employees working remotely significantly increases the risk of a successful ransomware attack. How should a company or law firm respond?
10 minute read

New Jersey Law Journal

Director and Shareholder Virtual Meetings Require Cybersecurity

Despite COVID-19 pandemic disruptions, entities with shareholders must timely execute both director and shareholder meetings. Holding these meetings via the internet may mitigate health concerns, however, doing so raises the issue of cybersecurity.
9 minute read

New Jersey Law Journal

Exceeding Authorized Access Under the Computer Fraud and Abuse Act

An appeal pending at the U.S. Supreme Court should resolve the issue of whether employee action exceeding access authorization will implicate the CFAA. Regardless of the ruling, employers can and should take certain steps.
8 minute read

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