Greenbaum Rowe Smith & Davis Newsletter

Exhibit A Newsletter - Fall 2006 Edition | Vol. 10 No. 2

We are pleased to announce that Raymond M. Brown has joined the firm as a partner in the Litigation Department and as Chair of our White Collar Defense & Corporate Compliance Practice Group and that David A. Roth has joined the firm as a partner in the Real Estate Department and as Chair of the Environmental Practice Group.

Ray is a graduate of Boalt Hall School of Law, University of California, Berkeley, and has been a member of the bar since 1974. He concentrates his practice in white collar criminal defense and counseling corporations on internal investigations and corporate compliance matters. He is a Fellow of the American College of Trial Lawyers and a member of the American Board of Criminal Lawyers. David is a graduate of the University of Maryland School of Law and has been a member of the bar since 1985. He concentrates his practice in environmental law; occupational safety and health compliance, enforcement and litigation matters; brownfield redevelopment; and business and real estate transactions. These recent additions to the firm add substantial experience and expertise to our Litigation and Real Estate Departments.

We are also pleased to announce that Galit Kierkut and Emily A. Kaller have become a partners in the Litigation Department. Brian R. Selvin and Peter D. Crawford, Jr. have become partners in the Tax, Trusts & Estates Department. Jodi L. Rosenberg has become counsel in the Litigation Department.

This edition of Exhibit A includes a number of articles on employment law issues. In Galit Kierkut’s article, “Implementing Work Life Policies While Avoiding Legal Pitfalls,” she discusses the importance of such policies to employees, the related positive impact of instituting such polices on employee hiring and retention and the consequent cost savings for employers, and how to prevent legal pitfalls when instituting such policies.

In her second article, “The Legislature Expands Employer Liability Under CEPA,” Galit discusses the recent amendments to the state Whistleblower Act that expand employers’ liability in a number of ways including the removal of the cap on punitive damages and mandating an award of attorneys’ fees to victorious plaintiffs.

In his article, “The Employee’s Common Law Duty of Loyalty — Combatting the Faithless Employee,” Richard Hertzberg examines options available to an employer when an employee not subject to a restrictive covenant becomes a competitor.

This issue also includes articles on two important decisions by appellate courts.

Adam Kaplan’s article entitled, “Supreme Court Expands Warranty Protection to Lessees,” discusses Ryan v. American Honda Motor Co., the recent New Jersey Supreme Court decision granting lessees of consumer products the same federal warranty protection as purchasers under the Magnuson-Moss Act.

Olivier Salvagno discusses the recent decision of the Court of Appeals for the Third Circuit entitled P.C. Yonkers v. Celebrations! The Party and Seasonal Superstore, which interprets the civil remedies available under the federal Computer Fraud and Abuse Act in his article, “Third Circuit Holds that Computer Fraud and Abuse Act Provides for Civil Remedies.”

In the article, “Digging Deeper: What You Need to Know About the Recently Expanded Grantee Fee (Mansion Tax) and the New Transferee Tax,” Arren Goldman details the recently expanded mansion tax and the new transferee tax and discusses the impact of these new laws on commercial real estate transactions throughout the State.

This edition also includes a list of recent programs that our attorneys have participated in and the honors and appointments they have received. We hope you enjoy this issue and welcome your comments and suggestions.

Very truly yours,
Paul A. Rowe
Managing Partner
Dispute Resolution Symposium Focuses on Improving Business Performance By Managing Disputes
What is the cost of an unresolved business dispute? What is the financial effect of alienating a major customer or supplier because of a disagreement? These questions and other issues were the focus of Greenbaum, Rowe, Smith & Davis LLP’s first annual symposium on dispute resolution.
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Implementing Work Life Policies While Avoiding Legal Pitfalls
It is an undeniable truth that with an aging workforce, two working parent families, and technological advances, employers are facing greater demands for flexible work arrangements than ever before. It is also an undeniable truth that with an extensive framework of laws governing the workplace and a sophisticated, often litigious workforce, implementing such arrangements is not without risk.
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The Legislature Expands Employer Liability Under CEPA
In January 2006, the New Jersey State legislature significantly expanded employer liability under the Conscientious Employee Protection Act (“CEPA”). By enacting amendments to both CEPA and the Punitive Damages Act, the legislature has paved the way for New Jersey whistleblowers to obtain large recoveries in their retaliation lawsuits against their employers.
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Supreme Court Expands Warranty Protection to Lessees
People who lease motor vehicles are now entitled to the same federal warranty protection as purchasers. This was not always the case. On February 27, 2006, in a 6-1 decision, the New Jersey Supreme Court ruled that lessees of motor vehicles may invoke the provisions of a manufacturer’s warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act. Ryan v. American Honda Motor Co., Inc., 2006 WL 521198.
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