Shannon Kay

The State of New Jersey Supreme Court recently issued a pair of rulings of interest to #labor and #employment attorneys. As detailed by #NewYork Partner Peter Shapiro in a new post for the #Grindstone blog, the state high court ruled in one case that non-disparagement provisions in employment #discrimination settlement agreements are unlawful, and held in the other case that 2019 amendments to the state’s Wage Payment Law and Wage and Hour Law are not retroactive. Read the full post on our website to learn more. #LaborLaw #EmploymentLaw #NewJerseyLaw #WageandHour

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The Delaware Court of Chancery issued an important victory to HSW in the firm’s ongoing action against BuzzFeed, striking down the media company’s second attempt to prevent a group of former employees from arbitrating their claims stemming from its initial public offering. Partners Joseph Gallagher, Yonaton Aronoff and Jonathan Harris represent more than 40 former BuzzFeed employees who allege they were wrongfully locked out of selling their shares (causing them to suffer millions of dollars in losses) after the company went public via a SPAC transaction in late 2021. HSW brought the former employees’ claims in arbitration and BuzzFeed Inc. (NASDAQ: BZFD) filed suit in Delaware court to stop the arbitration. This latest gambit by BuzzFeed was its second attempt to force HSW’s clients to sue in Delaware. But the Chancery Court rejected BuzzFeed’s arguments, agreeing with HSW that only an arbitrator can decide where the suit belongs. A similar group of former BuzzFeed employees are represented by The Galbraith Law Firm and O'Brien LLP, and both groups are represented jointly by Bailey & Glasser, LLP in Delaware #Arbitration #IPO #SPAC

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Discover how the NJ Supreme Court's ruling on non-disparagement clauses interacts with the New Jersey Law Against Discrimination in our latest Employment client alert authored by Lowenstein’s Amy Komoroski Wiwi and Jessica Kriegsfeld. Read the full alert: https://bit.ly/4dK88i8 #employmentlaw #employers #lawyers #newjersey #discrimination

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🚨 Understanding Warrant vs. Summons Complaints in New Jersey 🚨 In this video, BLG partner Robert Bianchi, Esq. discusses the critical differences between a warrant and a summons complaint in New Jersey. Navigating the legal system can be daunting, especially when facing the complexities of criminal charges. One question that frequently arises is the difference between a warrant and a summons complaint. Bob breaks down these terms, explaining that a summons complaint, identifiable by an 'S' number, allows the accused to be free post-complaint issuance. On the other hand, a warrant complaint, marked with a 'W', signifies a more severe scenario where the accused is detained, photographed, and fingerprinted. This video is essential for anyone seeking clarity on these processes or facing such circumstances -> https://lnkd.in/ez4tP5sx Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. 👨‍⚖️ Need legal assistance or looking to refer a case? 📲 Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Paul A. Di Lella Tricia Howarth Margolis Esq. Christina Hall Maura Lynch Robert Esnes Alessandro Amato

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Are you headed to Atlantic City, May 15 for the New Jersey State Bar Association Annual Meeting and Convention? Proud to represent Fox Rothschild along with my colleagues! The conference may be taking place at the Borgata Hotel Casino & Spa but savvy clients don't leave their #GDPRcompliance to chance 😉 Please join Trina L Glass, Mary T. Costigan, Morgan Jones, CIPP/US/E, CIPM, PLS, Michelle Schaap and me, Wednesday, May 15 at 9:30 on GDPR Updates: What do you need to know? I will draw on many real life use cases with which we've helped US-based and multinational clients and will discuss: 🔹 What's new in GDPR enforcement? 🔹 What do you need to do if you are launching into the EU now? 🔹 What do you need to do if you are already in the EU but haven't looked at your compliance in a while? Please DM me if you are going! Would be happy to meet over #conferencecoffee #dataprivacy #dataprotection #privacyFOMO https://lnkd.in/g9R2tjTB

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The Labor & Employment attorneys of Vedder Price are excited for the return of our New York Employment Roundtable on June 20 in NYC. This specialized event for in-house counsel and human resources professionals will include open discussions on relevant employment-related topics in New York and New Jersey, as well as the federal level, with opportunities to share ideas with your peers from other organizations. Follow the link below to learn more and to register! #LaborLaw #EmploymentLaw #NYC

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Tomorrow, Robinson+Cole Antitrust + Trade Regulation team co-chair Jennifer Driscoll and Labor and Employment Group lawyer Abby Warren will be co-presenting a joint ACC Connecticut - Association of Corporate Counsel and Association of Corporate Counsel –Westchester-Southern Connecticut webinar entitled “Saying Goodbye isn’t the Hardest Part: How Companies Can Protect Themselves Without Non-Competes.” The webinar will offer an in-depth look at the Federal Trade Commission’s (FTC) new rule banning non-competes and practical insight on how to effectively comply. In addition, the webinar will also cover the impact of the new FTC rule on businesses in Connecticut and New York, what companies may want to consider doing while the rule is pending, and what kind of proactive measures companies can take to protect competitively sensitive information. R+C is pleased to be a chapter sponsor of the ACC Westchester-Southern Connecticut. https://lnkd.in/eBp6MCqw #FTC #Noncompetes

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The #NewJersey Supreme Court issued a stunning decision last Monday. #Realestatebrokers routinely sign contracts which declare them to be independent contractors. This allows the brokerages, billion-dollar entities, to avoid employment law consequences such as application of the #minimumwage laws, #FICA, #employeebenefits, etc. Nevertheless, the brokers agree to be contractually obligated to various performance standards. The Court concluded that brokers can be part of an independent contractor relationship “notwithstanding any provision of the Brokers Act or any other law, rule or regulation to the contrary.” That’s an extraordinary statement and one that is patently at odds with the enforcement actions taken by departments of labor, including that of New Jersey, against employers in a multitude of industries. The broker alleged that the real estate company illegally deducted marketing fees and expenses from salespersons’ wages. Repeatedly, we have seen instances, most notably in trucking and construction, in which the intent of the parties has been accorded literally no deference in the face of statutes. However, real estate has always been the exception to the rule and, clearly, that remains the case in New Jersey. #realestate  #independentcontractor  #employmentlaw  #misclassification Ariel Holzer Chris Slowik Marie Rizk David Saraf

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Harter Secrest & Emery is delighted to maintain its leadership in the Upstate New York market for the number of attorneys ranked by Chambers and Partners. These rankings are derived from independent interviews conducted with clients and fellow legal professionals. #chambersandpartners #legalrankings #lawfirm #upstateny

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Attorney Terri Pastori was recently quoted in an article in the May issue of Business NH Magazine. Written by Scott Merrill, the article "Expedite Hiring or Lose out on Candidates" explains the current hiring market, how businesses are handling the hiring process, and how to keep valuable employees. The article can be read through the link below. #EmploymentLaw #HiringProcess #Article #BusinessNHMagazine #PastoriKrans https://lnkd.in/eTUBeMt5

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Law360 has reported on the Delaware Court of Chancery suit filed by Olshan Frome Wolosky LLP client Martin Siegel, a shareholder of global utility and power company The AES Corp., against eleven of the company’s current and former board members, alleging that the company has "weaponized" advance notice requirements in its bylaws to make it “unreasonably difficult, if not impossible,” for stockholders to nominate candidates for the company’s board. Among the amendments the company made in August 2023 to its bylaws, provisions include an “acting in concert” definition that requires any stockholder who nominates a slate of directors to identify a broad assortment of people in order to make the nomination valid and requiring a nominating stockholder to disclose commercially sensitive performance-related fees it could pay if the value of its company stock appreciates. According to the filing, AES Corp. has stated publicly that it amended its bylaws to address the SEC’s universal proxy card rule that went into effect September 2022, which was intended to make it easier for shareholders to nominate alternative director candidates to company boards but has often resulted in companies adopting onerous advance notice requirements that disenfranchise shareholders. The plaintiff’s motion to expedite asserts that if the Chancery Court does not declare the bylaw provisions invalid before the November 26 deadline to nominate directors for the company’s 2025 stockholders’ meeting, the stockholders' franchise rights will be violated and stockholders will be “permanently harmed.” Olshan Chair of Litigation Lori Marks-Esterman and counsel Jacqueline Ma represent the plaintiff in this matter. #OlshanLaw #Delaware #ChanceryCourt https://lnkd.in/exyWgvr7

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This Thursday, DWT hosts our annual Labor & Employment Law Update for New York-area clients. Attorneys from across DWT’s offices will join our New York-based employment services lawyers to address a wide variety of legal issues and updates relevant to employers in 2024 and beyond, including: what to consider when entering into employment agreements, from hire to termination; how to prepare for the new FTC non-compete rule; how to protect and safeguard company data when employees depart; how DEI is moving forward in a changing legal landscape; and more. Watch our feed for updates.    Laura Sack l Lisa Dayan l Alesia J. Kantor l Jenna Mooney l Michael Goettig l Michael L. Lynch l Roy Salins l Amanda Maria Gomez l Mark Berry l Lyle Zuckerman l Mohamed Barry, Esq. l Jeremy Merkelson l Gaurav Talwar l Victoria (Vicky) Slade  

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Laurie Flynn, Senior Consultant of BH Legal, recently contributed to a news article in Massachusetts Lawyers Weekly discussing the trends in associate hiring and salaries. Authored by Pat Murphy, the piece titled “‘Upward pressure’ on associate pay persists,” delves into Boston’s competitive legal market. Legal recruiters, including Laurie, note that firms must stay competitive with pay to attract top talent, driven by market pressures and the influence of the "Cravath Scale," which sets high benchmarks for associate salaries. Click here to read more: https://ow.ly/CUoo50S22KM #EmployingTheFuture #ExpertsAtWork #GoHire

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Contrary to popular belief, companies are not left standing bare by the prohibition against non-compete clauses in contracts. Instead, the savvy lawyer can shift the restrictive covenants protecting confidential information, trade secrets and other important intellectual property to existing employment contracts and project specific NDAs. Read here to see how. #tradesecretprotection #NDAs #noncompetes #IPprotection #employmentcontracts

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