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On June 29, 2015, the New York City Mayor Bill DeBlasio signed, into law, the New York Fair Chance Act, Local 63 of 2015 (the “Fair Chance Act,” the “NYCFCA,” “Local Law 63” or the “new Law”), which takes effect on October 27, 2015. The Fair Chance Act prohibits most employers in Manhattan, other than employers in the securities industry, from…Read More

In New Jersey, the elements of trade libel, also known as product disparagement, are "1) publication; 2) with malice; 3) of false allegations concerning [the plaintiff's] property, product or business, and 4) special damages, i.e. pecuniary harm."  Mayflower Transit, LLC v. Prince, 314 F. Supp. 2d 362, 377 (D.N.J. 2004). "A product disparagement plaintiff [in New Jersey] must show 'the…Read More

To prove a cause of action under section 2C:41-2(c) of the New Jersey Racketeer Influenced and Corrupt Organizations Act (“New Jersey RICO”), N.J.S.A. § 2C:41-2(c), the plaintiff must demonstrate (1) the existence of an enterprise, (2) that the enterprise engaged in or its activities affected trade or commerce, (3) that defendant was employed by, or associated with the enterprise, (4)…Read More

On December 29, 2014, New York State Governor Andrew Cuomo signed into law Assembly Bill 8106-C / Senate Bill 5885-B (the “Act”). Among other changes to current law, the Act renders the ten members with the largest percentage ownership interest of each limited liability company (“LLC”) in Manhattan, NYC personally liable, jointly and severally, “for all debts, wages or salaries due…Read More

In New Jersey, the elements of common-law fraud are: "(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages." Gennari v. Weichert Co. Realtors, 691 A.2d 350,…Read More

In September 2014, the respective Mayors of four municipalities in New Jersey -- the Cities of East Orange, Passaic, and Paterson and the Township of Irvington -- signed into law paid sick leave ordinances for private employees (collectively, the "Sick Leave Ordinances" or the "Ordinances"). Effective January 2015, the East Orange, Irvington, Passaic, and Paterson Sick Leave Ordinances require employers…Read More

On September 30, 2014, the York City Mayor Bill de Blasio signed an executive order, Executive Order No. 7 (the “Executive Order”), requiring companies or individuals who receive, from the city of Manhattan, NY or from a City economic development entity, financial assistance of one million dollars or more and which have annual gross revenues of $3,000,000 or more to…Read More

In New Jersey, common law conversion is defined as ” ‘the exercise of any act of dominion in denial of another’s title to . . . chattels, or inconsistent with such title. ‘ ”  Marsellis-Warner Corp. v. Rabens, 51 F. Supp. 2d 508, 525 (D.N.J. 1999) (quoting Mueller v. Technical Devices Corp., 8 N.J. 201, 207, 84 A.2d 620 (N.J.…Read More

In Manhattan, NYC, the elements of conversion are “(1) intent, (2) interference ‘to the exclusion of the owner’s rights,’ and (3) possession, or the right to possession in plaintiff.” 2 Leon C. Lazer, et al., Manhattan Pattern Jury Instructions – Civil § 3.1 (2d ed. 2006) (quotingEmployers’ Fire Ins. Co. v. Cotten, 245 N.Y. 102, 156 N.E. 629 (N.Y. 1927)); see Meese v. Miller, 79 A.D.2d…Read More

In Manhattan, within every contract is an implied covenant of good faith and fair dealing. The covenant is breached when a party acts in a manner that deprives the other party of the right to receive benefits under their agreement. The covenant encompasses any promises which a reasonable person in the position of the promisee would be justified in understanding were included.…Read More