Spam phone calls have become an unfortunate part of everyday life, even if you have put yourself on a “no call” list. But would you expect that your cell service contract can prevent you from taking the spam callers to court? Well, depending on who your carrier is, who is calling, and what part of the country you are living in, that may very well be the case. In a somewhat … [Read more...] about A Circuit Split Emerges on the Application of Arbitration Clauses to Affiliated Companies
State of New Jersey Delays Enlarged WARN Act Protections
Contributor: Andrew Dressel Last week, the State of New Jersey passed a law delaying the effective date of the State’s heightened WARN Act protections for 90 days after the expiration of Governor Murphy’s stay-at-home order. This is a significant development for both employers and employees in New Jersey, as the updated NJ WARN Act contains much more stringent … [Read more...] about State of New Jersey Delays Enlarged WARN Act Protections
COVID-19: Frustration of Purpose and Impossibility
Contributor: Andrew Dressel The spread of COVID-19, and accompanying steps taken by state governments, has created a situation in which many businesses will, out of necessity, find themselves breaching contracts or suffering from a breached contract. While the breaching parties may not wish to breach these contracts, difficult financial straits may present no other … [Read more...] about COVID-19: Frustration of Purpose and Impossibility
No First Amendment Protection for Videos Played in Your Vehicle
On October 15, 2019, the Appellate Division in State v. Lomato (Dkt. No. A-5273-16T4) approved a “public communication of obscenity” conviction for a man convicted of watching pornography in his car outside a fast food restaurant. Specifically, defendant was accused of watching pornography on an iPad through the restaurant’s wifi, loudly, with the windows down, and with at … [Read more...] about No First Amendment Protection for Videos Played in Your Vehicle
NJ Supreme Court Holds Photos of Lawful Sex Acts Admissible to Prove Unlawful Sex Acts
A recent New Jersey Supreme Court decision, State of New Jersey v. Guillermo Santamaria, tackled the interesting question of whether photographs of sex acts between the Defendant and his victim—although indisputably taken while the victim was over eighteen—could be admissible to help prove prior, unlawful sexual contact. During the trial, defense counsel argued that the … [Read more...] about NJ Supreme Court Holds Photos of Lawful Sex Acts Admissible to Prove Unlawful Sex Acts