On May 28, 2019, the Division of Alcoholic Beverage Control (“ABC”) issued a new Special Ruling for New Jersey craft brewery licenses with changes that address concerns raised by the industry. The previous Special Ruling, which was quickly suspended six months ago after strong criticism, is now officially rescinded.

The ABC drafted the new Special Ruling after consulting with some industry leaders and other interested parties. Like the previous ruling, it aims to restrict NJ limited breweries from competing with bars and restaurants who hold licenses allowing full retail privileges. The changes in the new ruling, however, reflect key issues raised by breweries about their ability to promote and build their businesses.

Continue Reading NJ Continues to Restrict Craft Breweries – Limits on Special Events, Food, & More

According to the National Institute of Mental Health,

  • Approximately 1 in 5 adults in the U.S. (46.6 million) experiences mental illness in a given year. 
  • Approximately 1 in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities.
  • Approximately 1 in 5 youth aged 13–18 (21.4%) experiences a severe mental disorder at some point during their life. For children aged 8–15, the estimate is 13%.

Not surprisingly, mental health issues come up in the context of a divorce in a variety of ways. They arise when mental health issues contribute to the breakdown of the marriage or relationship. For instance, a partner may suffer from a condition which causes him or her to behave in ways that are detrimental to the relationship. This can manifest itself in aggression, narcissism, and self-centered behavior to the detriment of the other partner or children, excessive spending impacting family finances, to engaging in dangerous behavior with a partner, and/or their children.

Continue Reading Mental Illness in Family Law & Divorce

In the context of construction litigation, it is always important to consider a potential claim for the spoliation of evidence regardless if you are the owner or general contractor seeking to backcharge a lower tier contractor, or the subcontractor against whom a backcharge is being sought.

Continue Reading Spoliation of Evidence in Construction Litigation

With businesses engaging in increasingly more commerce over the internet, it is crucial to understand the consequences of displaying, using, and transferring another entity’s works online. Enter The Digital Millennium Copyright Act (DMCA) of 1998, which was signed into law by President Clinton to keep pace with the new realities of internet technology and commerce. The Act sought to protect intellectual property rights while simultaneously advancing the growth and development of e-commerce.

Continue Reading The Digital Millennium Copyright Act: Scope, Reach, and Safe Harbors

If your community association has a pool, you are probably well aware of the sweeping changes made to the Public Recreational Bathing Code (Bathing Code) in January 2018. You may not, however, be aware of two updates since those revisions were implemented.

Continue Reading Updates to Public Recreational Bathing Code Subsequent to January 2018 Revisions

The second largest consumer tax preparer in the United States has just been hit with a lawsuit filed by former employees alleging a “no-poach” conspiracy between the company and its franchisees, according to a complaint filed in New Jersey federal court.

In the suit, the former Jackson Hewitt employees seek to represent any person who worked at one of the tax company’s locations between January 2000 and December 2018. This proposed class action suit is seeking treble damages, attorney fees, and an injunction that would prohibit the company from using agreements that prevent employees from moving between Jackson Hewitt locations going forward.

Continue Reading Jackson Hewitt Hit with “No Poaching” Clause Lawsuit

Question: Can an employer legally withdraw a prospective employee’s job offer before that particular individual actually begins working at the company?

It happens more frequently than one might think, but under a variety of different circumstances. There are many reasons why a company might rescind an offer of employment, such as: a candidate’s criminal history, failed drug test, or unsatisfactory background check results; negative references; falsification of application materials; budget cuts; cancelled or postponed projects or contracts with customers; installment of a new executive; an eleventh-hour, about-face decision change by the hiring manager; belated realization of previously unnoticed or overlooked evaluation-altering information about the candidate; unfavorable post-offer experience or interactions with the candidate; and many others.

Continue Reading Can an Employer Legally Withdraw a Job Offer After It’s Been Made?