Publications

Customers who hire broker-dealers have a right to arbitrate disputes with them under the rules of the Financial Industry Regulatory Authority, a nonprofit authorized by federal law to oversee the broker-dealer industry. It is a trend, however, for brokerage firms to insert forum-selection clauses in customer agreements that require all disputes arising out of the brokerage relationship to be litigated in court. When the customers demand arbitration, the question arises — what controls, the FINRA rules or the customer agreements? Answering this question requires courts to consider the interplay of federal arbitration law, federal securities law and state contract law.… Read more

On May 2, 2018, Governor Murphy signed the New Jersey Paid Sick Leave Act (the "Act") into law. The Act requires private employers in New Jersey to provide paid sick leave to most employees. The new law will take effect on October 29, 2018. When the Act takes effect, it will preempt the paid sick leave ordinances passed by several municipalities in the state.… Read more

NJ Advance Media has written about the recent lawsuit we filed on behalf of Libertarians for Transparent Government seeking a settlement/separation agreement between Cumberland County and a corrections officer who allegedly had inappropriate relationships with inmates.… Read more

Posted in Uncategorized OPRA Modernization Bill – copying fee problems Posted on August 29, 2018 | Leave a comment Every year, transparency warrior Senator Loretta Weinberg introduces a bill which would modernize and improve OPRA. This year's bill is S107. Given that Democrats now control the Senate, Assembly, and Governor's Office, we are hopeful that the bill has a chance of passing.… Read more

A recent poll by Quinnipiac University found that while approximately 62% of New Jersey residents are in favor of fully legalizing marijuana, only roughly 50% want it to be sold within their towns. 45% affirmatively said they do not want it in their towns. So far, at least 30 towns in New Jersey have passed laws to ban cannabis businesses.… Read more

The cost of resolving contractual business-to-business disputes, including any judgments owed, fees for lawyers, experts, and vendors, and opportunity costs can be considerable. We are often asked by our clients whether arbitration is a good alternative to litigating a dispute in court. Based on our experience as counsel in both litigation and arbitration, and Justice Stein's position as an arbitrator in a significant number of disputes, we believe arbitration can be a less expensive, faster alternative if conducted correctly.… Read more

With the stunning fury of powerful right cross followed by a devastating left hook, Donald Trump was staggered by developments on two separate legal fronts. This one-two combination occurred within the space of one hour in two separate federal court rooms in Alexandria, Virginia and New York City, hundreds of miles apart.… Read more

This week, the New Jersey Supreme Court issued a split decision (4-3) in Paff v. Ocean County Prosecutor's Office and once again ruled that dash camera videos that pertain to criminal investigations are not subject to the Open Public Records Act (OPRA).… Read more

The #MeToo movement involves a hashtag that has been utilized widely on social media in an attempt to demonstrate the widespread prevalence of sexual harassment and assault. In the past year, the #MeToo movement has had a profound impact on many aspects of U.S. society.… Read more