New Brownfields Redevelopment Incentive Programs in New Jersey
The State of New Jersey continues its support of revitalizing brownfields with the enactment of the New Jersey Economic Recovery Act of 2020, P.L. 2020, c. 156, which was signed into law by Governor Murphy on January 7, 2021 (the "Act"). The Act inc... READ MORE
First, There Was The New York Shield Act, and Now… The New York Biometric Privacy Act?
On January 6, 2021, the proposed Biometric Privacy Act (the "Act") was introduced to the New York State legislature. If adopted as drafted, the Act will require any private entity that "possesses"¹ any biometric identifiers and/or information² (or ... READ MORE
What Real Estate Developers Need to Know About the 2020 New Jersey Brownfields Tax Credit
On January 7, 2021, New Jersey Governor Murphy signed the New Jersey Economic Recovery Act of 2020. P.L. 2020 c. 156. Included within the statute is the Brownfields Redevelopment Incentive Program Act. This section of the law creates a tax incentive... READ MORE
Pandemic Pandemonium as Attorneys Resist Return to Courtroom
A pair of new and interesting twists in the ongoing story of lawyers resisting in-person appearances in Immigration Courts due to COVID-19 surfaced recently. First, an opinion was issued by the N.Y. State Bar Association Committee on Professional Et... READ MORE
California Legislature Votes to Extend Key CCPA Exemptions Until 2022
On August 30, 2020, the California Legislature passed AB-1281 which, if signed by Governor Newsom, will extend two key exemptions to the California Consumer Privacy Act (the "CCPA") until January 1, 2022. The extension of these exemptions, which wi... READ MORE
No More Safe Harbor… Take Two: Immediate Invalidation of Privacy Shield
Today, July 16, 2020, the Court of Justice invalidated Privacy Shield as a means to self-certify that a business is securely and appropriately protecting personal data when transferring such data from the EU to the United States. In part, the Court ... READ MORE
EPA Sets Termination Date for Temporary Policy Suspending Certain Monitoring and Reporting Requirements Due to COVID-19
On June 29, 2020, the EPA issued a memo notifying applicable members of the regulated community that effective August 31, 2020, it is terminating the temporary policy suspending certain monitoring and reporting requirements.... READ MORE
Matrimonial Mayhem Fueled by Legal Malpractice?
A husband and wife become enmeshed in an acrimonious divorce. Nothing new there. Add in the following shocking allegation, just raised by the wife: her husband's lawyer aided the husband in installing malware on her computer, capturing emails betwee... READ MORE
Four Takeaways from a Record Breaking Ethics Seminar
Every year, the New Jersey State Bar Association holds its Annual Meeting in Atlantic City. This year, for the first time ever, the Annual Meeting went virtual. Lawyers from CSG made history by participating in an ethics panel which drew the highest... READ MORE
NJDEP Proposes Amendments to Existing Remediation Standards
On April 6, 2020, the New Jersey Department of Environmental Protection ("NJDEP") proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 ... READ MORE
The Life of a Data Breach: The "Gift" That Keeps on Giving
You are in a fantasy football league registered under your email and your password. Unbeknownst to you, however, the league's site has been breached, and access credentials have been stolen. The site discovers the breach, investigates the breach, ... READ MORE
New Cases – Condemning Easements for Public Beach Access and Use
On April 16, 2020, the Appellate Division of the New Jersey Superior Court, the state's intermediate appellate court, published three precedential opinions concerning the state's condemnation of ocean-front property for access and use by the public.... READ MORE
Damms v. Damms Brings into Focus the Importance of Attorney Diligence During COVID-19 Pandemic
Be sure to check deadlines and read orders carefully, especially in today's environment. While once in a while, a court will take pity on you, best not to rely on the mercy of the court. In Damms v. Damms, 2020 WL 1870410, the Appellate Division, "i... READ MORE
Recent Ethics Opinion Highlights Attorney Obligations While Working Remotely
On April 10, 2020, the Pennsylvania Bar Association ("PBA") Committee on Legal Ethics and Professional Responsibility issued Formal Opinion 2020-300, which outlines the ethical obligations for lawyers working remotely. Lawyers must be particularly ... READ MORE
Client Intake Best Practices in COVID-19 Environment
These days, more than ever, there is a yin and yang between bringing in as much revenue as possible at the risk of bringing in an unworthy client. How do we know when to say no?... READ MORE
Does Privilege Apply to Communications Between a Legal Malpractice Plaintiff and Its New Attorney in the Underlying Lawsuit? Caselaw Update, a Hypothetical and Some Practice Pointers to Consider
It is generally known and accepted that a client who sues its attorney waives the attorney-client privilege as to the alleged malpractice the client has placed at issue in the litigation.... READ MORE
Attorneys: Six Tips to Protect Yourself from Malpractice Claims in Today's COVID-19 Environment
Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get guidance from the judge and not assume anything. W... READ MORE
Transparency in Fee Applications is a Must
A Washington, D.C. firm seeking fees resulting from a successful Freedom of Information Act application learned that transparency is a must, especially when seeking fees from the public fisc.... READ MORE
Appellate Division Addresses Common Law Claims in DEP Enforcement Action
In a recent decision, the Appellate Division clarified DEP's ability to recover damages for environmental contamination under common law, holding that (1) the Spill Act does not subsume common law claims, (2) strict liability may apply to oil refini... READ MORE
Family Feuds Survive Decedents
The N.J. State Appellate Division just reinforced guidelines for lawyers seeking fees for work done in contested probate cases. Whether you represent the trustee, a beneficiary or challengers, if your hours are necessary and your rates are reasonab... READ MORE
Appellate Division Affirms DEP Renewal of Tier A MS4 General Permit
On March 18, 2020, the Appellate Division affirmed the Department of Environmental Protection's November 9, 2017 decision to renew the Tier A municipal separate storm sewer system (MS4) general permit. (Delaware Riverkeeper Network v. NJDEP, Dkt. A-... READ MORE
89 Water Street Associates, LLC v. Reilly
An unpublished Superior Court Appellate Division opinion (89 Water Street Associates, LLC v. Reilly, Docket No. A-3366-17T1, October 1, 2019), despite being non-precedential, will be instructive to lawyers handling commercial real estate transaction... READ MORE
When proactive measures fail, the kill chain may still help recapture miswired funds
The "kill chain" is a phrase that refers to the FBI's ability to interrupt or kill the miswiring and loss of funds. This is an extremely powerful resource given that cyber criminals have been targeting entities that use Microsoft Office 365 and Goog... READ MORE
I Knew Family Cases Last Forever, But This One Might Set a Record
An appellate court ruled last week that a legal malpractice case which has its roots in a 2003 family law case could not be dismissed based on the statute of limitations. Plaintiff alleged her matrimonial attorney gave her bad advice- that her ter... READ MORE
Significant Increase in OSHA Inspections; Reduction in Electric Reporting Requirements; Two Recent Environmental Exposure Cases with Significant Fines Proposed
In fiscal year 2019, the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") conducted 33,401 more inspections than in the previous three years, which includes a notable increase in chemical exposure cases.... READ MORE
If You Are "Drafted" by the Court to Represent an Indigent, Should You be Afforded Tort Claims Act Protection?
The New Jersey Supreme Court will hear a case with interesting implications for lawyers in private firms who are conscripted to represent indigent litigants. The Office of the Public Defender, through the staff attorneys and assigned ("pool") attorn... READ MORE
Thinking of opening a satellite law office in another state? Make sure your firm's name is allowed in your new location.
One of the areas I like to address for my fellow New Jersey/New York attorneys is the differences between how things work in each state, including the rules governing the conduct of attorneys. With New York and New Jersey now allowing reciprocity (... READ MORE
NJ's Highest Court Reverses Ethical Requirements Imposed on Retainer Agreements by Attorneys Handling Fee-Shifting Cases
The Supreme Court of New Jersey reversed the "ethical pronouncements" from the 2018 decision in Cige v. Balducci, pursuant to which an appellate panel found that a retainer agreement entitling the attorney to the greater of three fee calculation met... READ MORE
ABC NY Affirms Prior Opinion Allowing Lawyers to Opine on Medical Marijuana Law
States have struggled with advising lawyers admitted to their bars as to whether and to what extent they can advise their clients on cannabis-related issues knowing that federal law still forbids the possession, distribution, sale, or use of marijua... READ MORE
"Dirty Dirt" Law Expands DEP Enforcement Authority – Model Ordinance Requires Unspecified Soil Sampling
On January 21, 2020, New Jersey Governor Phil Murphy signed the "dirty dirt" bill that requires businesses engaged in soil and fill recycling to comply with the background checks and licensing requirements currently imposed on the solid waste indust... READ MORE
Judges, the Perils of Social Media, and Lack of Candor
It's estimated that almost 90% of the judges in the United States are elected. In New Jersey, they are not, with the exception of the County Surrogate, a quasi-judicial position with jurisdiction over Probate cases. Elected judges tend to be on soci... READ MORE
Serving as Escrow Agent Can Be Risky
Firms often serve as escrow agents for clients, and sometimes the adversary as well — real estate closings, corporate transaction down payments, environmental clean-up and settlement agreements in litigation are just a few examples. But is your fir... READ MORE
Trump Administration Proposes Significant Revisions to NEPA Regulations
In a rule proposal published in the Federal Register on January 10, 2020, the Trump administration is proposing the first significant regulatory changes to the 50-year old National Environmental Policy Act ("NEPA") since the implementing regulations... READ MORE
Funding Available to Combat Harmful Algal Blooms
Last month, the NJDEP announced $13.5 million in funding available for local projects to improve water quality and to prevent harmful algal blooms ("HABs"). HABs affected numerous fresh water bodies in New Jersey last summer, most notably, Lake Hop... READ MORE
A Cascade of Errors
Warning: the underlying facts and procedural history are cringeworthy. This is the saga of a medical malpractice case which is dismissed, leading to a legal malpractice case, which is wrongfully dismissed, leading to an Appellate Division case which... READ MORE
Welcome to "Ground Zero" for Climate Change
On December 12, 2019, the New Jersey Department of Environmental Protection ("NJDEP") held the first meeting of the Interagency Council on Climate Change, a panel created by Executive Order 89 issued by Governor Murphy. At that meeting, NJDEP relea... READ MORE
When Can an Out-of-State Lawyer Practice Immigration Law in New Jersey?
On December 10, 2019, the New Jersey Supreme Court's Advisory Committee on Professional Ethics issued Opinion Number 55 to provide additional guidance on when an out-of-state lawyer can practice immigration law in New Jersey.... READ MORE
Outside Counsel Guidelines May Supersede Your Firm's Engagement Letter
Have you brought in a large corporate client such as a bank or a public company? If so, have they sent you outside counsel guidelines? Many large companies have their own guidelines that govern the attorney-client relationship as well as administr... READ MORE
What to do when your adversary was the Judge's clerk?
You just found out your adversary is the judge's former law clerk. They seem pretty cordial. What do you do?... READ MORE
Third Circuit Fills Gap Left by CERCLA
In November, the Third Circuit Court of Appeals affirmed a granting of summary judgment by the District Court for the District of New Jersey. The Court of Appeals determined that the current property owner's claim for contribution pursuant to the Co... READ MORE
New Jersey Legislature Considering Bill to Amend A-901 Applicability
In December 2019, a bill to amend New Jersey's A-901 licensing program cleared two hurdles in the Assembly on its way to a full floor vote and possible presentment to the Governor. New Jersey Senate Bill 2306 (Assembly Bill 4267), which unanimously ... READ MORE
Law Firms May Not Impose Requirements on Departing Attorneys that Might Thwart Client's Choice of Counsel or Disincentivize the Lawyer's Departure
The American Bar Association Standing Committee on Ethics and Professional Responsibility recently issued guidance concerning the ethical duties held by firms and lawyers when a lawyer decides to leave the firm.... READ MORE
The Critical Nature of the Engagement Letter When Representing Corporate Clients
Identifying who your client is at the outset is one of the most important aspects of the attorney-client relationship. It governs who you can seek payment from and who can sue you for malpractice. This is particularly important when your client is... READ MORE
Surprise! Welcome to Municipal Court
Once again, a recent Appellate Division Panel opinion has environmental lawyers and their clients realizing that the New Jersey Department of Environmental Protection ("DEP") may collect penalties in the state's municipal courts. This time, the cas... READ MORE
Prosecutors Taping Defense Attorneys
State v. Martinez, just approved for publication, offers some interesting lessons for criminal defense attorneys who seek to interview cooperating witnesses. It offers even more interesting lessons for the prosecutors who seek to surreptitiously re... READ MORE
PFAS – It's Everywhere in New Jersey
Recent news regarding elevated levels of a commonly used chemical in drinking water may have potentially greater implications for almost all public water supply systems. PFAS (per- and polyfluoroalkyl substances), which have been identified as carc... READ MORE
Gov. Murphy's Executive Order 89 Directs Agencies to Begin Planning for Climate Change Impact
On October 29, 2019, New Jersey Governor Phil Murphy signed Executive Order 89 which creates a Climate and Flood Resilience Program within the Department of Environmental Protection. A Chief Resilience Officer will lead the program and develop, with... READ MORE
Watching a Train Wreck
There are ethics issues playing out in the courtroom and legal media about the alleged conduct of a Pennsylvania trial court judge and defense counsel in a case in which a jury awarded $8 billion (yes, billion) in punitive damages against Johnson &... READ MORE
Dennis Toft and Bozena Diaz to Share Insight on Opportunity Zones at Brownfield Listings' OZ Boot Camp & Pitch Competition
Dennis M. Toft and Bozena M. Diaz will participate as panelists in the Opportunity Zone Boot Camp & Pitch Competition at the New Jersey Institute of Technology in Newark, NJ. Bonnie will cover tax considerations during the 9:00-9:50am panel, "Redeve... READ MORE
CSG's Toft to Discuss Environmental Justice, Community Relations at MGP Conference 2019
Dennis M. Toft, Chair of CSG's Environmental Group, will be speaking at the MGP Conference 2019 taking place from October 7-9, 2019 at the Loews Philadelphia Hotel in Philadelphia, PA. There, he will serve on the "Improving Community Relations" pane... READ MORE
Environmental Arbitration Decision Vacated Because Arbitrator Excluded Sampling Reports and Misperceived Facts
In August, the New Jersey Supreme Court took the extraordinary step of vacating an arbitration decision that denied payment from New Jersey's Spill Fund for damage allegedly caused by oil spills during Superstorm Sandy. That decision, US Masters Res... READ MORE
The Pros and Cons of Online Meeting Platforms
After 9/11, many companies restricted corporate travel and began embracing online conferencing resources – whether by telephone, video or otherwise.... READ MORE
Capital considerations gleaned after another productive RFA process
With yet another RFA deadline behind us and high hopes that those we represented this year will be awarded licenses to bring relief to New Jersey's growing population of medicinal marijuana patients, I am delighted to be back blogging here.... READ MORE
Expungement reform in New Jersey – Where are we now?
Major reforms to New Jersey's expungement law (especially with respect to marijuana-related convictions) appear to be on the horizon – when and in what form remain in question.... READ MORE
One-on-One with Lightshade's Rohan Marley
CSG's Lee Vartan sat with Rohan Marley, passionate entrepreneur, son of reggae legend Bob Marley and a now-partner with Lightshade – a highly decorated Colorado-based consortium of eight dispensaries recognized by LeafBuyer, Leafly, Business Insider... READ MORE
Confidentiality Provision In Settlement Agreements May Pertain to the Lawyers and Not Just the Clients
A California Court ruled that depending on the terms and language of a Settlement Agreement – and whether the attorney signs it for any reason (where the attorney signed as approving to form and content) – an attorney may be bound to the confidentia... READ MORE
New Jersey's SRRA Amended: What's Changed?
On August 23 2019, New Jersey Governor Phil Murphy signed into law A5293, which amends the Site Remediation Reform Act (SRRA). The amendments are wide ranging and include exemptions from direct oversight, authorization to use surety bonds as remedia... READ MORE
Law Firm's Arbitration Clause Contained in a Retainer Agreement is Unenforceable as it Violates RPCs
The Appellate Division recently ruled that a retainer agreement which contained a mandatory arbitration clause, for both fee disputes and legal malpractice claims, is unenforceable against the firm's former client, under the circumstances. Delaney ... READ MORE
Appellate Division Rules that "Persons in Any Way Responsible" Are Dischargers Under the Spill Act, Upholds NJDEP's "Lien Contest" Process as Constitutional
In a recent unpublished decision, In the Matter of Spill Fund Lien, DJ No. 129570-02, the Appellate Division held that the New Jersey Department of Environmental Protection ("NJDEP"), through the Spill Fund Administrator (the "Administrator"), could... READ MORE
Pro Bono Clients Entitled to Same Quality of Service as Paid Clients
As the Model Rules of Professional Conduct demonstrate, a lawyer may serve many functions for a client: advisor, advocate, negotiator, or evaluator, to name a few. Under any role, however, a lawyer is obligated to act with the best interests of his... READ MORE
Check Yourself: Are You in Good Standing?
There are three basic components to an attorney's eligibility to practice in the State of New Jersey: (1) annual registration, including making the required annual payments to the Lawyer's Fund for Client Protection (N.J. Ct. R. 1:28); (2) fulfillin... READ MORE
Lawyers may purchase a Google AdwordSM or keyword that is a competitor lawyer's name, but there are ethical limits to what lawyers can do with search engine services
On June 25, 2019, the New Jersey Supreme Court's Advisory Committee on Professional Ethics issued Opinion Number 735, deciding that Lawyer A can ethically purchase a Google AdwordSM or keyword that is competitor Lawyer B's name (e.g., Pat Smith Law ... READ MORE
New York ethics opinion requires attorneys paid in cryptocurrency to treat it as business transaction
The ABCNY has issued Formal Opinion 2019-5, requiring a lawyer receiving payment in cryptocurrency to comply with RPC 1.8(a) (business transactions with client), concluding it is different than an ordinary fee agreement. It is thus advisable for at... READ MORE
Lawyers may now serve as municipal prosecutor and planning board attorney in same municipality: (Opinion 736)
On June 25, 2019, the New Jersey Supreme Court's Advisory Committee on Professional Ethics issued Opinion Number 736, deciding that a lawyer is not per se prohibited from concurrently serving as a municipal prosecutor and planning board attorney in ... READ MORE
Is it Really Better to Know the Judge than Know the Law?
A recent Appellate Division case exposes the pitfalls of "judge-shopping" by a former law clerk with the cooperation of the judge. In Goldfarb v. Solimine, Docket No. A-3740-16T2, (June 26, 2019) the panel ruled that a plaintiff alleging promissory... READ MORE
The Role of the Engagement Letter in Setting Client Expectations and Avoiding Legal Malpractice Claims
A recent Appellate Division decision illustrates the importance of a solid engagement letter that sets forth both the scope of the engagement as well as any limitations on the scope, i.e., what the lawyer is not being retained to do. In Murphy v. Sh... READ MORE
Senator Scutari's Joint Medical and Recreational Marijuana Bill
Senator Nicholas J. Scutari, D-Union, recently introduced a new bill that seeks to simultaneously legalize recreational marijuana for adults and provide broader patient access to medical marijuana under New Jersey's Compassionate Use Medical Marijua... READ MORE
Law Firm Can Sue Expert For Not Testifying in Contingency Case
The Appellate Division recently permitted a law firm to proceed with litigation against a former expert who had been poised to provide expert testimony on behalf of the law firm's clients in a medical malpractice proceeding. Prior to trial, the exp... READ MORE
Failure to Comply with Local Procedural Rules Could Lead to Malpractice Claim
The New Jersey Appellate Division recently confirmed how important it is to comply with procedural court rules, especially when the Court has given guidance as to how to comply with them. In Cuomo v. TSI Ridgewood, Docket No A-4898-17T4, Defendant'... READ MORE
New Jersey Seeks Significant Expansion of Medical Marijuana Program, Issues RFA for Up To 108 Additional ATCs
On June 3, 2019, the New Jersey Department of Health ("DOH") issued its latest Request for Applications ("RFA") for applicants to operate up to 108 Alternative Treatment Centers ("ATCs"), commonly known as medical marijuana dispensaries, across the ... READ MORE
Get Client Authority to Settle in Writing
A recent Appellate Division decision serves as a reminder to attorneys to ensure that they have received proper authorization from their clients to settle a matter. In Jesus Gonzalez v. Electronic Integration Services, LLC t/a Panurgy OEM, Docket N... READ MORE
Can a Legal Malpractice Defendant Seek Contribution from the Lawyer that Subsequently Took Over the Case?
The New Jersey Appellate Division recently said no. The Client in that case hired Attorney 1 to pursue an employment claim under a contract of employment that contained an arbitration clause as well as a Delaware choice of law clause. Approximately... READ MORE
CSG's Robert Crespi to Speak at 2019 Northeast Sustainable Communities Workshop
Robert Crespi will be speaking at the Brownfield Coalition of the Northeast's 2019 Northeast Sustainable Communities Workshop on June 4, 2019. Rob will co-moderate the panel titled, "Getting Your Fill of Fill – A Discussion of the Issues Brownfield ... READ MORE
CSG's Robert Crespi to Speak at 2019 Northeast Sustainable Communities Workshop
Robert Crespi will be speaking at the Brownfield Coalition of the Northeast's 2019 Northeast Sustainable Communities Workshop on June 4, 2019. Rob will co-moderate the panel titled, "Getting Your Fill of Fill – A Discussion of the Issues Brownfield ... READ MORE
Forget the Holding, Just Follow the Court's Advice
When the New Jersey courts issue an "unpublished opinion," across the top of the first page is a warning. "This opinion shall not ‘constitute precedent or be binding upon any court.'" But sometimes such opinions are ones not to be ignored by lawye... READ MORE
States Across U.S. Rush to Implement Data Privacy Regulations
In the continuing void at the federal level, more and more states are being proactive in adopting legislation that seeks to protect US residents' personal data, and to impose stricter guidelines on companies that experience a data breach.... READ MORE
Forget the Holding, Just Follow the Court's Advice
When the New Jersey courts issue an "unpublished opinion," across the top of the first page is a warning. "This opinion shall not ‘constitute precedent or be binding upon any court.'" But sometimes such opinions are ones not to be ignored by lawye... READ MORE
Disposed of in Place: The Sale of Contaminated Buildings Results in CERCLA Arranger Liability
The United States 8th Circuit Court of Appeals recently decided that a tire company and its affiliate could be held liable under the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. ("CERCLA") for sell... READ MORE
Proposed National Park Service Rules May Lessen Historic Register Nominations
On March 1, 2019, the National Park Service proposed revisions (FR Document 2019-03658) to the regulations governing the National Register of Historic Places ("National Register"). The proposal is controversial and has sparked concern within the hi... READ MORE
Happy Is The Nation That Has No History?
In answer to the question above, the answer is no as shown by a recent case. In National Parks Conservation Association v. Semonite, 916 F.3d 1075 (D.C. Circuit, 2019), the Army Corps of Engineers (Corps) was, in effect, reprimanded and overruled ... READ MORE
Landmark Cannabis Banking Bill Advances to U.S. House Vote
On March 28, 2019, the Secure and Fair Enforcement (SAFE) Banking Act cleared a House Financial Services Committee vote 45 to 15, and is now expected to proceed to a full House vote before the end of April 2019. The Act provides federal protection f... READ MORE
Wipro Breach: What to do now
Wipro, one of the world's largest outsourcing companies, has confirmed that it was the subject of a cyberattack and that its attackers used – and may be continuing to use – access to Wipro's systems to launch phishing campaigns against the company's... READ MORE
Responding to, and managing the risk of, the inevitable data breach
Cybersecurity and data privacy remain at the top of the corporate agenda, and it is critical that executives stay ahead of the curve with the latest best practices in order to effectively respond when – not if – an data incident occurs.... READ MORE
Governor Murphy Sets May Deadline to Legalize Marijuana: What's Next?
Legalization of recreational marijuana has proven more difficult for the new administration than expected. A proposed bill, Senate Bill 2703 – and its companion, Assembly Bill 4497 – which would legalize the possession and personal use of small amo... READ MORE
New Jersey Proposes Nation's Toughest PFAS Standards
On April 1, 2019, the New Jersey Department of Environmental Protection ("NJDEP") proposed drinking water standards (known as maximum contaminant levels, or MCLs) for two PFAS – 14 parts per trillion ("ppt") for PFOA and 13 ppt for PFOS. If the rule... READ MORE
New Jersey PFAS Directive
On March 25, 2019, the New Jersey Department of Environmental Protection ("DEP") issued a Statewide PFAS Directive to a number of companies associated with the manufacture of poly- and perfluoroalkyl chemicals ("PFAS" which includes PFNA, PFOA and P... READ MORE
Cannabis 101: What's to come in New Jersey
My colleague, Frank Giantomasi, and I published an op-ed in ROI-NJ titled, "Preparing for legalized marijuana in N.J.: A primer." In the article, we cover everything from the key bills entering the legislative process to law enforcement's sentiment ... READ MORE
Leaking Sewers Cost City 50% of Dry Cleaner Site Cleanup Costs
Are you in a case where an on-site and off-site groundwater plume of dry-cleaning solution (perchloroethylene or PCE) or other hazardous substance is intersected by sewers through which the used and disposed solution flowed? If so, the case of Miss... READ MORE
Biometrics: A Data Analytics Treasure Trove or a Lawsuit in the Making?
The time for businesses to wait until they are breached to respond to data vulnerabilities is coming to an end. While 50 states have breach notification statutes (reactive legislation), more than 25 states have now adopted some form of proactive le... READ MORE
New Jersey Says No to "Forever Chemicals"
New Jersey continues to lead the country in the effort to regulate so-called "Forever Chemicals," the family of chemicals known as perfluoroalkyl and polyfluoroalkyl substances ("PFAS") found to be prevalent in drinking water supplies around the cou... READ MORE
NJDEP Seeks Public Comment on Environmental Justice Guidance
On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey's low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of... READ MORE
Three predictions for NJ's cannabis industry in 2019
As we move further along into 2019, the stage is set for what I expect to be a critical year in the trajectory of New Jersey's cannabis sector. While specifics remain to be seen, there is little doubt that it will continue to flourish – whether thro... READ MORE
OPRA and Dangerous Animals
A Department of Environmental Protection proposed regulation in the December 17, 2018 New Jersey Register, 50 N.J.R. 2480(a), will limit the public's ability to learn the location of birds and animals "potentially capable of inflicting serious or fa... READ MORE
Ten Cybersecurity Tips for Safer Travels
From a cybersecurity and data protection perspective, traveling safely on business or pleasure is not an easy task. But if you are mindful of what you do, and where you do it, you and your information can travel more securely... READ MORE
NJ's Appellate Division Confirms a Defense to Spill Act Claims
In Terranova v. General Electric Pension Trust, a decision approved for publication, the Appellate Division has confirmed that "[j]udicial estoppel is a defense to Spill Act claims for contribution . . ." The matter arises out of two cases involvi... READ MORE
Appellate Division Invalidates Certain NJDEP Radon Regulations For Failing To Follow Formal Rulemaking Procedures Prescribed By The Administrative Procedure Act
In an unpublished decision, the Appellate Division of the Superior Court of New Jersey recently ruled that the NJDEP was required, but failed, to undertake formal rulemaking before imposing liability under several NJDEP regulations that govern radon... READ MORE
Goodbye to Stormwater Detention Basins?
NJDEP has proposed major amendments to the Stormwater Management rules at N.J.A.C. 7:8. (50 N.J.R. 2375(a)). One of those proposed amendments, if adopted, will prevent or severely limit a developer's ability to incorporate non-structural stormwater... READ MORE
State Files Eight New Environmental Enforcement Actions; Creates Environmental Enforcement and Environmental Justice Section
Last week, the Attorney General and the Commissioner of the New Jersey Department of Environmental Protection held a press conference to announce the filing of eight new environmental enforcement actions. Targeted sites include Camden's Puchack Well... READ MORE
Cautious Optimism: The Cannabis Industry Survives Recent RICO Cases
The cannabis industry recently survived two lawsuits initiated by private citizens under the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The cases took place in the District of Colorado and the District of Massachusetts, and both sa... READ MORE
Data breaches are a foreseeable risk and companies owe a common law duty of care when they "create" the risks
On November 21, 2018, the Pennsylvania Supreme Court, the highest ranking state court in Pennsylvania, ruled that an employer had a common law duty to exercise reasonable care to protect employees' personal data where, as a condition to employment, ... READ MORE
Whether offering Cyber Monday discounts, soliciting year-end charitable donations or marketing your business online, your website policies and terms matter!
In the wake of GDPR and California's new data privacy law, website privacy policies continue to be a hot topic for the business community.... READ MORE
One-on-One with Cresco Labs' Jason Erkes
Inspired by the NJ Cannabis Insider Q&A with Satya Capital's Nishant Reddy, I sat with Jason Erkes, Chief Communications Officer with Cresco Labs, for a closer look at the company's New Jersey plans.... READ MORE
Ten tips for cyber mindfulness and data security (even on a limited budget)
One of the most common misconceptions surrounding cybersecurity and data protection measures is that they are too expensive to deploy and maintain – so much so that they become prohibitive for small and middle market businesses. Another one I hear o... READ MORE
Obscure Indeed: Missing Underground Storage Tanks Save Plaintiff's Suit from Dismissal
The New Jersey Appellate Division recently ruled that a landowner's lawsuit against a former attorney and environmental consultant could proceed to the discovery phase. In CCM Properties, LLC, et al. v. Pieper, et al, the plaintiff engaged an envir... READ MORE
Protecting Your Trade Secrets from Cyber Threats
Cybersecurity is a hot button for all businesses these days. However, in the flurry of new privacy regulations and the focus on protection of consumer data, many businesses are not paying enough attention to how they could – and should – be using cy... READ MORE
CSG client, Satya Capital, featured in Q&A with NJ Cannabis Insider
I am pleased to share with our subscribers an NJ Cannabis Insider Q&A featuring Nishant Reddy, co-founder of the California-based boutique investment firm Satya Capital. CSG supported Satya as they partnered with MedMen on a joint application to ope... READ MORE
Appellate Division Affirms DEP Enforcement Against Non-Discharging Property Owner
The Appellate Division has affirmed a $66,200 administrative penalty imposed by DEP against the owner of a shopping center constructed atop a closed municipal landfill. The unpublished and non-precedential decision in NJDEP v. Raritan Shopping Cente... READ MORE
Ask First!
One of my husband's goodhearted employees nearly fell victim to a scam that has been rampant throughout the country. The employee received an email from a senior staff member (or so it seemed) asking if he was in the office. It was early on a Friday... READ MORE
From victim to accomplice: When liability shifts in cases involving corporate data breaches
As the target of a corporate cyber breach, are you a victim – along with your customers and personnel – or are you a "willing" accomplice to the crime?... READ MORE
Third Circuit Opinion Sets Precedent That Implicates Projects Involving State-Issued Environmental Permits
On September 5, 2018, the United States Third Circuit Court of Appeals ("Third Circuit") rendered a decision that could potentially implicate the NJDEP permitting process in future Natural Gas Act and other federal permitting actions.... READ MORE
Welcome back; and three tips to help you prepare for future cannabis licensing opportunities in N.J.
After a brief hiatus, we welcome you back to CSG's CannaBiz Law Blog. The August 31st RFA deadline was challenging, but I am pleased to report that an all hands on deck effort on behalf of our clients made for a successful application process.... READ MORE
Facebook Breach — Immediate next steps
I am sure you have read about the latest breach – this time, hitting Facebook. Facebook confirmed that the access codes for 50 million accounts were compromised. Facebook is still investigating the impact of the breach, and has not yet reported wh... READ MORE
Quick Cash = Quick Breach
Many businesses and individuals dispose of aging equipment, laptops, desktops, servers and more by monetizing those items. Disposal may be by sale at auction or donation to charity. Some companies now lease equipment, and turn over such items at lea... READ MORE
Credit Freezes
I recently had a death in the family. One of the things we addressed while making arrangements was to freeze the credit of my stepfather. I would like to say, as a cyber attorney, that this was my idea, but I confess in mourning the loss of a wonder... READ MORE
Making the Case for Continuous Employee Cybersecurity Training
The American Bar Association's recent cybersecurity webinar reminded us all that the largest source of cyber loss is still people. And for businesses, it is their employees who continue to click on suspicious links and respond to phishing and other ... READ MORE
Why You Shouldn't Post Milestone Dates on Social Media
It is always nice when your social media connections remember your birthday, anniversary or other special occasions.... READ MORE
Resources for optimizing your social media privacy and data security settings
As a prudent (read: paranoid) cybersecurity attorney, I am not on Facebook. However, Facebook serves a noble purpose of connecting its users. The problem is that the platform continues to be fertile ground for scammers and hackers looking to take ad... READ MORE
District of New Jersey Dismisses Medical Marijuana User's Disability Discrimination Case: Cotto v. Ardagh Glass Packing, Inc., Civil No. 18-1037
On August 10, 2018, the District Court for the District of New Jersey granted an employer's motion to dismiss a lawsuit for disability discrimination, finding that neither the New Jersey Law Against Discrimination ("NJLAD") nor the New Jersey Compas... READ MORE
Spill or Fill? An Important Consideration When Bringing a Spill Fund Claim
In a recent decision, U.S. Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection – Financial Services Element, the New Jersey Superior Court's Appellate Division held that a claimant could not recover from the ... READ MORE
Second Circuit Upholds Existing Power Plant Cooling Water Intake Structure Rule
The EPA's 2014 cooling water rule for existing power plants (40 C.F.R. pts. 122, 125) has survived challenges from both environmental and industry groups. The Second Circuit Court of Appeals upheld the contentious rule which allows for, among other ... READ MORE
Nuisance Claim Survives 6 Year Statute of Limitations Barring Claims For Tortious Injury to Real Property
The Appellate Division of the Superior Court of New Jersey recently (in an unpublished opinion) applied the six year statute of limitations ("SOL") for tortious injury to real property in barring plaintiff's claim for permanent diminution in the val... READ MORE
New Jersey Issues RFA for Six New Medical Marijuana Dispensaries
On July 16, 2018, the New Jersey Department of Health's Division of Medicinal Marijuana (the "DOH") issued a Request for Applications ("RFA") for up to six additional Alternative Treatment Centers ("ATCs"), commonly referred to as medical marijuana ... READ MORE
What to do about evolving cannabis policies? A checklist for NJ employers
The number of authorized medical marijuana users in New Jersey is growing. According to a 2017 Marist Poll, the number of adult Americans using marijuana is 22%. Thus, employers should not be sitting idle, waiting for the decriminalization of recr... READ MORE
How should employers address medical marijuana use by employees?
While the likely decriminalization of recreational marijuana is all the buzz in New Jersey, employers cannot forget that they need to be prepared now to address an employee who is a medical marijuana card holder under New Jersey's Compassionate Use ... READ MORE
Emotet Malware: Proving the Importance of Verification
A manager or client requests reports, our "worker-bee" mentality kicks in and we deliver the reports without question. Hackers count on us to react without first verifying whether the message – let alone the demand – is what it appears to be.... READ MORE
To test or not to test, that is the question
With the legalization of medical marijuana through New Jersey's Compassionate Use of Medical Marijuana Act, and the decriminalization of recreational marijuana on the horizon, employers may want to revisit their drug screening policies and consider ... READ MORE
California's New Data Privacy Law, Explained
The California Privacy Act of 2018 (the "Act") was passed by both chambers of the California Legislature unanimously and signed by Gov. Jerry Brown on Thursday, June 29, 2018. The new law is one of the toughest data privacy laws to be enacted in the... READ MORE
EPA to Launch Hazardous Waste e-Manifest System
On Monday, the United States Environmental Protection Agency ("EPA") issued a Compliance Advisory Update announcing the implementation of streamlined changes to the Hazardous Waste Manifest submission process. Pursuant to the Hazardous Waste Electr... READ MORE
NJ Department of Health Publishes Proposed Amendments to Medical Marijuana Program
On June 18, 2018, the New Jersey Department of Health (the "DOH") published for comment its proposed amendments to the administrative regulations to New Jersey's Medical Marijuana Program ("MMP"). These regulations establish the standards by which ... READ MORE
The STATES Act: Bipartisan Legislation Seeks to Protect State Marijuana Policies
On June 7, 2018, Senators Cory Gardner (R-CO) and Elizabeth Warren (D-MA) introduced the Strengthening the Tenth Amendment Through Entrusting States Act ("the STATES Act" or "the Act") in the Senate. That same day, Representatives Earl Blumenauer (D... READ MORE
Hazardous Waste and Customer Information – Anything but Perfect Together!
The next time a government inspector comes to a business and inspects its dumpster, do not be surprised if the resulting legal problem involves both environmental and consumer fraud actions. During the last few years, a number of national corporatio... READ MORE
The ESG Investing Tug of War Continues
ESG investing is back in the news. ESG investing evaluates a company's or fund's environmental, social and corporate governance performance when considering an investment in company stock or fund shares. Unlike years past, it is now conventional wi... READ MORE
State administration contemplates phased-in tax plan for legal marijuana sales
Governor Murphy's administration is considering a phased-in tax rate for recreational marijuana following talks with Senator Nicholas Scutari, D-22nd District, according to state treasury spokesperson Jennifer Sciortino.... READ MORE
Will the Clean Water Act Drive the Remediation of Groundwater Discharges?
Can groundwater discharges violate the Clean Water Act and require NPDES permits? Two federal court cases coming out of the 4th and 9th Circuits dealing with the applicability of the Clean Water Act (CWA) to groundwater are creating real concern ov... READ MORE
Three considerations for aspiring entrants to N.J.'s medical marijuana program
I recently authored a guest column for NJ Cannabis Insider titled, "What's next for medical marijuana in N.J." The article outlines several compliance-related takeaways for the thousands of individuals and businesses eager to enter what is expected ... READ MORE
NJ Municipalities Weigh in on Legal Marijuana
With legalization of recreational cannabis on the horizon for New Jersey, several local governments have responded by preemptively passing ordinances banning or discouraging recreational marijuana sales or cultivation in their jurisdictions, while o... READ MORE
Sole Shareholder Spill Act Liability Affirmed
In a recent unreported opinion, the Appellate Division affirmed a trial court's decision imposing Spill Act liability on the sole shareholder of a dry cleaning business. (Morris Plains Holding VF, LLC v. Milano French Cleaners, Inc., Dkt. No. A-0604... READ MORE
Revised Guidance: New Limitations on SBA Loans to Marijuana-Related Businesses
The U.S. Small Business Administration ("SBA") published a Policy Notice that went into effect April 3, 2018 clarifying that marijuana businesses, and even some companies that do not actually touch the plant but service those in the cannabis industr... READ MORE
Medical Marijuana and Jake Honig's Law
Amid the vibrant public discussion of the full legalization of marijuana in New Jersey, it's important to note that significant changes are also coming to the way medical marijuana is distributed in the state. As previously documented in this blog, ... READ MORE
OSHA Look Backs: No time limits
A recent Court Decision by the United States Court of Appeals for the Second Circuit held there is no time limitation on OSHA's ability to look back at prior citations in order to classify a new citation as a repeat citation and thereby seek a large... READ MORE
Legal Threat to States
Senator Cory Gardner, Republican of Colorado, has struck a deal with President Donald Trump to protect Colorado's legal marijuana industry from federal criminal investigation and prosecution. In a statement issued on Friday, April 13, 2018, Sen. Gar... READ MORE
Is a permit required to fill your property?
It may be much harder to fill property in New Jersey. In a recent decision, New Jersey Department of Environmental Protection v. Bleimaier, 2018 WL 1513152, (App. Div. 2018), the New Jersey Appellate Division in effect has held that the placement o... READ MORE
Opinion Poll
According to a recent poll conducted by Stockton University, New Jersey residents are divided on the idea of legalizing marijuana for recreational use. Of the 728 adults who were interviewed, 49% said they would support the legalization of recreatio... READ MORE
Why EPA's proposed changes to fuel economy standards will hurt New Jersey
On Monday, the United States Environmental Protection Agency announced its intent to propose regulation that would weaken emission and fuel economy standards for cars and trucks manufactured in the United States.... READ MORE
The Bible Tells Me What?
Over the past few months the intersection of religious principles and environmental protection has become a topic of public dialogue. Religious beliefs have also been invoked in recent cases seeking to block pipeline projects or protect endangered s... READ MORE
Governor Phil Murphy Addresses Legalizing Marijuana in Inaugural Address
n his inaugural address, New Jersey's newly-installed governor, Phil Murphy, reaffirmed his campaign promise to legalize marijuana in the state. Governor Murphy's position is no surprise. The governor's campaign included marijuana legalization as pa... READ MORE
Clean Water Act Permit Required for Certain Discharges to Groundwater
In a recent decision, Hawai'i Wildlife Fund v. County of Maui, the Ninth Circuit Court of Appeals held that a Clean Water Act ("CWA") permit is required when pollution found in navigable waters is fairly traceable from point source discharges to gro... READ MORE
Senate Environment and Energy Committee Passes S-1074 (1R)
In the latest chapter on the issue regarding public access to beaches and waterfronts, on February 5, 2018, the Senate Environment and Energy Committee passed a bill that attempts to codify public access requirements as it applies to NJDEP coastal p... READ MORE
A New Jersey Bill of Environmental Rights?
As was done in the last legislative session, New Jersey Assemblyman Tim Eustace (District 38 – Bergen and Passaic Counties) has introduced Assembly Concurrent Resolution (No. 85) in the 2018 – 2019 legislative session to amend the state constitution... READ MORE
Asphalt Reuse
On January 16, 2018, Governor Christie signed into law P.L.2017, c.325, which revised previous law concerning the use of recycled asphalt pavement (the "Act"). The Act broadens the permissible methods that asphalt pavement can be reused. Specifica... READ MORE
NJDEP Publishes Contaminants of Emerging Concern Web Page
NJDEP has published a web page addressing Contaminants of Emerging Concern ("CECs"). CECs are described by NJDEP as "chemicals that recently have been shown to occur in water resources and identified as being a potential environmental or public heal... READ MORE
Expansion of New Jersey Compassionate Use Medical Marijuana Act
Governor Phil Murphy today announced a massive expansion of New Jersey's medical marijuana program, also known as the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq. Effective immediately, doctors can now prescribe medic... READ MORE
