Insights

As discussed in our prior alert, the Families First Coronavirus Response Act (“FFCRA”) was enacted April 1, 2020 and required certain employers to provide eligible employees with paid sick leave or expanded family and medical leave for COVID-19 related reasons. By its terms, the FFCRA benefits expired on December 31, 2020. 

  

On December 21, 2020, both houses of the New Jersey Legislature approved and sent to Governor Murphy a comprehensive economic reform bill entitled the New Jersey Economic Recovery Act of 2020 (the "Act"). Generally, it is described by the legislature as providing for the “administration of programs and policies related to jobs, property development, food deserts, community partnerships, small and early stage businesses, State procurement, wind energy, and film production.” It appropriates over $55.5 million and provides in excess of $14.3 billion in potential tax credits.  

To kick-start the new year, CSG’s Women’s Initiative and Intellectual Property Groups will be presenting, “Intellectual Property Considerations for Protecting Your Business and Your Brand: Trademarks, Advertising Practices, Dealing with Counterfeits and More.” Join us on January 21, from 12:00 – 1:00 PM EST, where Abigail J. Remore and Neha Bhalani will discuss key intellectual property concerns for businesses of all sizes.  

Calling all members of the New Jersey Society of CPAs and senior financial executives: Join CSG’s Michelle A. Schaap on Thursday, January 14, from 8:00 – 9:30 AM EST as she discusses managing a remote workforce while focusing on technology issues alongside Sejal Lakhani-Bhatt of TechWerxe LLC and Howard Matalon of OlenderFeldman LLP.  

Join Family Law attorney, Deborah E. Nelson, on Wednesday, January 13, from 1:00 - 2:00 PM as she presents, "The Evolving Family - How to Protect Your Children and Yourself as Family Dynamics Change." This live webinar hosted by PKF O'Connor Davies, LLP will cover:  

With the growing implementation of artificial intelligence, automation and robots in the workplace, COMMERCE Magazine hosted a timely editorial roundtable asking legal and cybersecurity thought leaders to discuss the liability issues associated with the use of these technologies in a business environment.  

Marie L. Mathews was featured in a New Jersey Law Journal story, "'Much Adapting Required': Litigators Brace for More of the Same, and a Few New Curveballs," offering litigators' predictions on the challenges, trends and issues likely to arise in New Jersey's civil litigation arena over the first half of 2021.  

Dennis M. Toft was featured in a COMMERCE Magazine editorial roundtable covering innovative energy projects and initiatives coming to fruition across New Jersey. In the article, he offers a closer look at the positive impact of a client's project in Linden, which promises to be a bellwether for the future of energy production in the State.  

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 Ethics stating that an attorney could withdraw from a case if he/she had a fear of contracting COVID-19 that would interfere with effective representation. The option relied upon New York Rule of Professional Conduct 1.16 which allows withdrawal when "the lawyer's mental or physical condition renders it difficult for the lawyer to carry out the representation effectively". (This is analogous to New Jersey RPC 1.16 (a)(2) which states a lawyer "shall withdraw" from representation if "the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client.) Both provisions require an application to a tribunal, if the case is before one. Immigration Court is of course a tribunal within the meaning of the RPCs.

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 will otherwise expire on January 1, 2021 without legislative or voter action, will come as welcome news to businesses as they continue to implement CCPA-compliant policies and procedures.

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 found that the Privacy Shield did not adequately ensure individuals' audit rights or appropriate recourse, and therefore, the Court invalidated Privacy Shield, effective immediately. There is no grace period.