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Motion Granted to Amend Joint Claim Construction and Prehearing Statement
In Fennec v. Cipla, the United States District Court for the District of New Jersey recently granted Fennec Pharmaceuticals Inc.’s (“Fennec”) motion to amend the Joint Claim Construction an...
Expanded NYC Lead-Based Paint Laws Now in Effect
Labor Day weekend is in the rear view mirror, which means that several recently enacted lead-based paint (LBP) laws for residential properties in New York City have taken effect. In total, these ...
https://www.gibbonslawalert.com/2024/10/11/expanded-nyc-lead-based-paint-laws-now-in-effect/
Just Poor Form? How the New OPRA Request Form Creates Confusion for Custodians and Requestors Alike
Recent amendments to the Open Public Records Act, N.J.S.A. 47:1A-1, et seq. (OPRA), became effective on September 3, 2024. One of those amendments, which may be of particular interest to litigato...
New York City Department of Buildings Releases Proposed Rules Package for Local Law 97, the GHG Emissions Law
As part of its ongoing efforts to implement Local Law 97 of 2019, the New York City Department of Buildings (DOB) recently released a package of four new proposed rules; the full text of these pr...
Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
In a recent published opinion, Marmo & Sons General Contracting, LLC v. Biagi Farms, LLC, the Appellate Division affirmed the trial court’s finding that a party had waived its contractual right...
ChatBot or Not: California Federal Courts Limit CIPA Applicability
The Northern District of California recently issued a decision further constraining plaintiffs’ ability to assert claims under the California Invasion of Privacy Act (CIPA). In Ambriz v. Google...
Litigation Update: Northern District of Texas Judge Blocks FTC’s Non-Compete Ban
As we recently reported, on July 3, 2024, the Northern District of Texas issued a preliminary injunction in Ryan LLC v. Federal Trade Commission, staying the effective date of the Federal Trade C...
Recent Construction Law Decision Holds That Contract Payment Terms Control Over New Jersey’s Prompt Payment Act
In JJD Electric, LLC v. SunPower Corporation, Systems, et al., the District Court of New Jersey dismissed multiple counts of plaintiff JJD Electric’s amended complaint, holding that the terms o...
Litigation Update: The Latest on Efforts to Block FTC’s Non-Compete Ban
As we recently reported on April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning virtually all future and most existing non-compete clauses. The rule was immediately cha...
New Jersey Supreme Court Confirms the Enforceability of Class Action Waivers
The New Jersey Supreme Court issued a unanimous opinion on July 10, 2024, holding that class action waivers in consumer contracts are not per se contrary to public policy. While such waivers may ...