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Technological Changes Require Rewriting of ECPA and SCA
The Electronic Communications Privacy Act, 18 U.S.C. §§2501 et seq., the Stored Communications Act, 18 U.S.C. §§2501 et seq. and their state law counterparts in Pennsylvania at, respectively, 18 Pa.C.S. §5701 et seq. and 18 Pa.C.S. §5741 et seq., are the federal and state laws that, inter alia, set forth what protections email and cellphone users have for their emails stored by Internet service providers, and records of email and cellphone connectivity and usage stored by ISPs and cellphone carriers.
Apportionment in Premises Security Cases Revisited
Alan Kaminsky, a partner at Wilson, Elser, Moskowitz, Edelman & Dicker, and Joseph C. Baiocco, an associate at the firm, write that the Appellate Division, First Department, has apparently come full circle on the issue of apportionment of liability against intentional tortfeasors.
Former Dewey Partner's Fraud Suit Moved from California to New York
A months-long jurisdictional battle over a suit filed by former Dewey & LeBoeuf partner Henry Bunsow against several former firm leaders took a possibly decisive turn this week as the case was transferred to U.S. Bankruptcy Judge Martin Glenn, who is overseeing Dewey's Chapter 11 proceedings.
Scientist's mental state at issue in NYC hearing
NEW YORK AP - A U.S.-trained Pakistani scientist accused of helping al-Qaida and shooting at FBI agents in Afghanistan was forced to appear in court Monday for a hearing to determine if she is competent to stand trial.Aafia Siddiqui kept her hands folded as she entered court Monday surrounded by marshal's deputies.
Law Journal Press | Digital Book
New Jersey Business Litigation 2025
Authors: Paul A. Rowe, Andrea J. Sullivan
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SOX, Whistleblowers and Private Companies
The Sarbanes-Oxley Act of 2002 was an attempt, in part, to prevent corporate scandals by requiring publicly traded companies to implement accounting and accountability controls. While publicly traded companies have tended to focus on SOX's recordkeeping, accounting and compliance requirements, executives � at public and private companies alike � should not overlook �806 of the act, which affords a certain measure of protection to a new breed of whistleblowers.
Over-the-Counter Drugs Reimbursable From Employer Plans
Under a groundbreaking ruling, employees can be reimbursed tax-free from employers' health care flexible spending account or health care reimbursement arrangement for the cost of purchasing over-the-counter drugs. This means that nonprescription drugs can be purchased with pretax dollars, so long as the employee follows proper procedures for obtaining reimbursements from an employer.Citizens Emergency Committee v. Tierney
Landmark Preservation Commission's Inaction Is Deemed Arbitrary, Capricious
Southern District Civil Practice Roundup
Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, writes that there is ample room for a district court to reach into other jurisdictions to prevent foreign litigation which frustrates its jurisdiction, particularly in the context of arbitration of international disputes. But, as the Second Circuit recently stressed, that authority should be used sparingly, and antisuit injunctions must be narrowly tailored to avoid unnecessary interference with foreign proceedings.Cingular Suit Against KPMG Alleges Shoddy Work
With a $40 million claim hanging over its head, Cingular Wireless turned to KPMG to provide expert litigation support for a federal suit pending in a California courtroom. A year and a half later, Cingular's lawyers say the wireless telecom company received nothing in return. Cingular accuses KPMG of providing unsatisfactory work, while the accounting giant and a firm involved in related litigation say Cingular won't pay its bills.Trending Stories
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