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March 12, 2024 | The Legal Intelligencer

Attorney-Based RICO Misconduct—The 'Thermonuclear Device'

In the past, this column has predominantly involved attorney civil liability mostly focusing on legal malpractice. This edition is intended to outline the elements of attorney-based RICO misconduct; while in a criminal context, civil RICO generally does not differ much.
7 minute read
March 12, 2024 | New Jersey Law Journal

Can the NJFLI's Anti-Retaliation Provision Create Protected Leave for Small Employers?

"When a court ultimately decides a case like this, it should consider the intent of the legislature in creating the retaliation provision," writes Corinne Burzichelli DeBerry of Fox Rothschild.
7 minute read
March 12, 2024 | New Jersey Law Journal

'Garden Leave' Clauses May Offer a Solution to the Restrictive Covenant Debate

"Although restrictive covenants remain enforceable in New Jersey, there are significant legislative and judicial headwinds against their enforcement," writes Scott I. Unger of Stark & Stark.
6 minute read
March 12, 2024 | The Recorder

Smashbox Cosmetics Accused of Using TikTok to Collect Private Identifying Information

"I personally think it is a shame that Smashbox would share intimate details of a young person's life, including their skin color, with TikTok. TikTok keeps this data for reasons that our leaders believe pose a threat to ordinary citizens," said the plaintiff's attorney, Robert Tauler of Tauler Smith. "Smashbox should consider the negative impact their secret and immoral data collection practices are having on society instead of just trying to acquire young customers at any cost."
3 minute read
March 12, 2024 | Daily Business Review

Understanding the Definition of a Foreign Principal: A Legal Perspective

One of the most controversial laws that restrict property ownership by foreign nationals took effect on July 1, 2023. This law comes with a complex landscape of international relations and legal restrictions. The term "foreign principal" often arises, especially in the context of property ownership in the United States.
5 minute read
Law Journal Press | Digital Book New Jersey Employment Law 2025 Authors: Rosemary Alito View this Book

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March 12, 2024 | New Jersey Law Journal

What Employers Need to Know About Employee Privacy

"Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information," writes Lisa Gingeleskie of Lindabury, McCormick, Estabrook & Cooper.
7 minute read
March 12, 2024 | Law.com

Massachusetts High Court Helps Clears the Way for 'Tobacco Free Generation'

"The retailers contend that the birthdate cutoff of January 1, 2000, is arbitrary and thus not rationally related to the town's legitimate interest. We disagree. Line drawing—a legislative necessity—does not, without more, make a law unconstitutional," Associate Justice Dalila Argaez Wendlandt wrote.
4 minute read
March 12, 2024 | New York Law Journal

Cruel but Not Unusual: The Sentence Recommended for Sam Bankman-Fried

John S. Martin, former district judge and U.S. attorney for the Southern District of New York, presents his take on the U.S. Probation Department's recommended 100-year sentence for Sam Bankman-Fried.
6 minute read
March 12, 2024 | New York Law Journal

The Battle Over Design Patent Obviousness: Will The 'Rosen-Durling' Test Continue To Govern Future Design Patent Obviousness Inquiries?

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.
8 minute read
March 12, 2024 | New York Law Journal

Voting in New York

While most Americans are focused upon trials and court rulings impacting the 2024 presidential election, this article takes a moment to review two significant New York-related developments. In both cases, the goal was to expand voting rights. As of now, one succeeded and one did not.
8 minute read

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