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January 9, 2020

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

 
January 2, 2020

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

 
December 30, 2019

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

 
December 24, 2019

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

 
December 20, 2019

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

 
December 18, 2019

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

 
December 18, 2019

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

 
December 16, 2019

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

 
December 12, 2019

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

 
December 10, 2019

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

 
November 25, 2019

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

 
November 18, 2019

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

 
November 12, 2019

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

 
November 1, 2019

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

 
November 1, 2019

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

 
October 15, 2019

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

 
October 4, 2019

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

 
October 4, 2019

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

 
October 4, 2019

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

 
September 30, 2019

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

 
September 25, 2019

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

 
September 19, 2019

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

 
September 16, 2019

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

 
August 28, 2019

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

 
August 26, 2019

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

 
August 16, 2019

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

 
August 6, 2019

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

 
August 1, 2019

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

 
August 1, 2019

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

 
July 24, 2019

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

 
July 17, 2019

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

 
July 1, 2019

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

 
June 28, 2019

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

 
June 15, 2018

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

 
June 7, 2019

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

 
June 14, 2019

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

 
June 4, 2019

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

 
June 2, 2019

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

 
June 2, 2019

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

 
May 20, 2019

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

 
May 20, 2019

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

 
May 14, 2019

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

 
May 14, 2019

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

 
May 14, 2019

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

 
April 29, 2019

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

 
April 24, 2019

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

 
April 18, 2019

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

 
April 18, 2019

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

 
April 17, 2019

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

 
April 15, 2019

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

 
April 15, 2019

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

 
April 8, 2019

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

 
March 25, 2019

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

 
March 19, 2018

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

 
March 11, 2019

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

 
March 11, 2019

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

 
February 25, 2019

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

 
January 31, 2019

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

 
January 28, 2019

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

 
January 13, 2019

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

 
January 9, 2019

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

 
January 7, 2019

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

 
December 28, 2018

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

 
December 14, 2018

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

 
December 13, 2018

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

 
December 12, 2018

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

 
December 4, 2018

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

 
November 22, 2018

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

 
November 21, 2018

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

 
November 9, 2018

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

 
November 8, 2018

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

 
October 29, 2018

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

 
October 26, 2018

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

 
October 23, 2018

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

 
October 12, 2018

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

 
October 5, 2018

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

 
October 5, 2018

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

 
October 4, 2018

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

 
October 1, 2018

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

 
September 21, 2018

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

 
September 20, 2018

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

 
August 23, 2018

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

 
August 20, 2018

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

 
August 16, 2018

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

 
August 15, 2018

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

 
August 13, 2018

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

 
August 6, 2018

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

 
July 23, 2018

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

 
July 20, 2018

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

 
July 19, 2018

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

 
July 18, 2018

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

 
July 18, 2018

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

 
July 6, 2018

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

 
June 29, 2018

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

 
June 29, 2018

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

 
June 28, 2018

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

 
June 22, 2018

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

 
June 21, 2018

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

 
June 5, 2018

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

 
May 25, 2018

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

 
May 21, 2018

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

 
May 31, 2018

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

 
May 10, 2018

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

 
May 7, 2018

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

 
May 4, 2018

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

 
April 25, 2018

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

 
April 23, 2018

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

 
April 16, 2018

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

 
April 12, 2018

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

 
April 6, 2018

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

 
April 5, 2018

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

 
March 26, 2018

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

 
March 16, 2018

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

 
March 12, 2018

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

 
February 20, 2018

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

 
February 13, 2018

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

 
February 9, 2018

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

 
January 29, 2018

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

 
March 27, 2018

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