Insights

Ever wonder how patent eligibility challenges are faring in the “Mother Court”? Two recent SDNY decisions offer an indication.  

Under the federal Defend Trade Secret Act (“DTSA”), trade secret owners can assert trade secret claims in federal court so long as the trade secrets are “related to a product or service used in, or intended for use in, interstate or foreign commerce.” See 18 U.S.C. § 1836(b)(1). Since the DTSA was enacted, some courts have strictly interpreted its interstate commerce requirement. See, e.g., DLMC, Inc. v. Flores, Civ. No. 18-00352(DKW)(RT), 2019 U.S. Dist. LEXIS 10785 (D. Haw. Jan. 23, 2019) (trade secret claim brought by Hawaii-based plaintiff dismissed, reasoning that it appeared that plaintiff did “not offer any interstate services.”) However, a recent Texas court decision underscores a trend wherein courts are more liberally interpreting the DTSA’s interstate commerce requirement. See Providence Title Co. v. Truly Title, Inc., Civ. No. 4:21-cv-147(SDJ), 2021 WL 2701238 (E.D. Tex. July 1, 2021). Providence Title is a precedent any trade secret defendant hoping to get out of federal court should read.  

On July 28, 2021, the New Jersey Board of Public Utilities (“NJBPU”) issued an order implementing the long awaited successor solar incentive program pursuant to the Clean Energy Act of 2018 (the “Order”). The Successor Solar Incentive Program, also known as the “SuSi” program, replaces the State’s Solar Renewable Energy Certificate (SREC) and Transition Renewable Energy Certificate (TREC) programs.  

CSG's Jonathan Bondy and Brian Kantar will join an esteemed group of panelists to present, "Anatomy of a Program Default" on Thursday, September 9, from 8:15 - 9:00 AM EST. This Pearlman Association program will cover some of the issues a surety might have to consider and address when faced with a program default.  

Join CSG's Stephen A. Kisker and Adriana M. Peters on July 28, from 12:00 - 3:00 PM, as they participate in a live webcast hosted by The New Jersey Institute for Continuing Legal Education. Panelists will discuss the COVID-19 pandemic and its impact on the shopping center industry, the enforcement efforts, legislative efforts, lease amendments to adjust to the new normal, practical tips, opportunities created, as well as what’s ahead for shopping centers in New Jersey.  

CSG’s Dennis M. Toft will participate in an environmental justice-focused panel hosted by the Association of Corporate Counsel New Jersey (ACC NJ) on Wednesday, June 30, from 9:00 - 10:00 AM (EST). This virtual program will discuss the State’s new environmental justice initiatives—both through Executive Order and under a new statute—and how they will impact all New Jersey businesses.  

Michelle A. Schaap was featured in an NJBIZ article weighing in on the cybersecurity risks plaguing small- and medium-sized businesses since the onset of the new remote work paradigm and suggesting actionable tips to help minimize these factors' impact.  

James Arrabito authored an article for ROI-NJ outlining the environmental impacts of cannabis cultivation and discussing how industry entrants can partner with the public sector and other stakeholders to advance sustainability goals as New Jersey’s recreational industry takes shape – looking to the lessons learned and best practices implemented in localities with well-established cannabis marketplaces.  

Thomas J. Trautner, Jr. was recently featured in an article for New Jersey Chamber of Commerce’s September issue of Edge along with other N.J. Chamber members sharing their range of experiences networking during the pandemic and best practices to set these interactions up for success.  

On August 5, 2021, the New Jersey Department of Environmental Protection ("NJDEP") issued updated guidance on how remediating parties and Licensed Site Remediation Professionals need to address Contaminants of Emerging Concern ("CECs"). The guidance documents address timeframes for addressing CECs, include frequently asked questions regarding CECs, and provide a list from the EPA of industry sectors believed to have used perfluoroalkyl substances (PFAS). NJDEP also updated its CEC web page.

On the eve of the holiday weekend, Kaseya was hit with a ransomware attack. Kaseya has been posting regular updates on its website all through the weekend. If you or your managed service provider (many of which run their operations on Kaseya's platform) were impacted by this compromise.

Marijuana cultivation is, at its core, an agricultural endeavor, requiring large amounts of energy and water to nurture and grow the raw product. Through this series of blog posts, I have considered some of the environmental regulatory issues that may arise with respect to this growing industry. But what about the environmental impacts of marijuana cultivation? This blog post will explore – in general terms – some of the known environmental impacts of the recreational marijuana industry, drawing from the lessons learned in the states that have led the way.