Gibbons Law Alert
Gibbons P.C. is pleased to be part of ACG New Jersey’s signature event, the Corporate Growth Conference & Awards, which will take place on May 5, 2022 and honor the firm’s longtime client and friend Albert Salama, Chief Executive Officer and Founder of Sabert Corporation, with the 2022 Corporate Lifetime Achievement Award.
Gibbons P.C. is proud to serve as Event Sponsor for NAIOP-NJ’s Public Policy Symposium, on March 23, 2022 at the Carpenters Apprentice Training Center in Edison, NJ. We hope that you can join us and the greater NAIOP-NJ membership as we hear from the new Senate and Assembly leadership teams, along with the Mayors of Newark and Paterson, and the development community as they discuss how to keep New Jersey prosperous and growing. To register: NAIOP New Jersey – Public Policy Symposium (1 Credit) (wildapricot.org).
From May 17-19, Peter J. Frazza, a Director in the Gibbons Commercial & Criminal Litigation Group, will lead a seminar in Las Vegas analyzing the negotiation of software licenses and software-as-a-service agreements, including data protection and privacy issues companies face that are specific to software transactions, artificial intelligence, and the Internet of Things (IoT). Mr. Frazza has over 30 years of experience handling complex lawsuits and contract negotiations on behalf of licensees and users in software licensing and software-as-a-service matters. For additional seminar details or to register, visit https://conta.cc/3CFGxws.
For the fourteenth year in a row, Gibbons P.C. has been ranked the #1 lawyer-lobbying firm in New Jersey, according to the New Jersey Election Law Enforcement Commission (NJ ELEC), which today released its report on 2021 lobbying expenditures in the state. The firm, whose Government & Regulatory Affairs Group celebrates its 20th anniversary this year, also ranked sixth in the state among all lobbying practices. In 2021, the Gibbons Government & Regulatory Affairs Group increased its revenues over the prior year, even while overall lobbying expenditures in the state fell by over 12 percent. “Our lawyer-lobbyists are equally focused on helping clients achieve their business goals and maintaining excellent working relationships in the executive and legislative branches in both Trenton and Washington, regardless of which party is in power,” said Patrick C. Dunican Jr., Executive Chairperson of Gibbons. Peter J. Torcicollo, the firm’s Managing Director, added, “Our presence, influence, and longstanding relationships allow us to provide creative, strategic solutions to a wide-ranging client base that has, for 20 years, turned to Gibbons as New Jersey’s ‘go to’ lawyer-lobbying firm for tackling the legislative and regulatory issues that impact bottom lines.” Gibbons opened its Trenton office and launched its Government & Regulatory Affairs Group in 2002 to offer public, private, and nonprofit sector clients the...
Governor Murphy signed Executive Order 291 (“EO 291”) on March 2, 2022, which requires all state agencies to review their authority to suspend or revoke licenses, permits, registrations, and certifications of businesses that invest directly in companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, and businesses that invest directly in such companies. EO 291 also directs all relevant State agencies to undertake a review of the State’s ability to boycott or halt the import or purchase of products or services provided from Russia or Belarus. EO 291 is broad-reaching in its scope and includes: Boycotting or halting the import or purchase of any products or services provided from the Russian Federation or Belarus, including, but not limited to, food products, energy products, clothing products, jewelry, and liquor or other alcoholic beverages made in the Russian Federation or Belarus. Reviewing all relevant State contracts to determine if any are with companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, or businesses that invest directly in such companies, directly or as subcontractors. Requiring the New Jersey Department of Banking and Insurance to issue bulletins or directives to regulated entities requiring them to fully comply with United States sanctions on the Russian Federation and Belarus, as well as with...
David J. Freeman, a Director in the Gibbons P.C. Environmental Group, has co-authored an article with Lawrence P. Schnapf for Bloomberg Law on New York’s Brownfield Cleanup Program (BCP). The two authors, who co-chair the New York State Bar Association’s Brownfields Task Force, are well positioned to offer insights on the future of the program. The tax credit provisions of the BCP, a key feature of the highly successful program, are scheduled to expire at the end of this year. New York Governor Kathy Hochul has supported efforts to expand and reauthorize the tax credit provisions. The article describes the current tax credit provisions and the key features of Governor Hochul’s proposal, which would result in a ten-year extension of the BCP tax credits. The article also describes changes to the BCP program recommended by other interested stakeholders and in bills introduced by the legislature in last year’s session. The article notes that, while a positive step, the Governor’s proposed reforms “fall short of the changes recommended by the New York State Bar Association, community groups, and developers, and in bills introduced in last year’s legislative session.” Noting that developments in the next two months may impact the shape of BCP for the next ten years, the authors recommend that interested stakeholders make their voices...
In Parrella v. Sirius XM Holdings, Inc., the Appellate Division upheld a 2020 trial court decision dismissing a Sirius XM radio customer’s proposed class action complaint and compelling arbitration. The plaintiff had claimed that the satellite radio provider falsely advertised discounts in order to induce customers to reactivate their Sirius radio accounts. The radio provider moved to dismiss the complaint and compel arbitration, which it alleged was required under the parties’ customer agreement. The plaintiff had a 15-year relationship with the radio provider, during which he used its services for various intervals of time. The plaintiff restarted or cancelled his services and each time, upon renewal, he received a copy of the customer agreement. The plaintiff had also contacted Sirius XM customer service to discuss reactivating his account, at which time the customer service representative informed the plaintiff of the customer agreement and told him where he could find a copy of that agreement on the company’s website. The customer agreement clearly and conspicuously contained a binding arbitration clause. Based on these facts, the trial court held that the plaintiff impliedly assented to the terms of the customer agreement and therefore was compelled to arbitrate his claims. In his appeal, the plaintiff alleged that the trial court incorrectly found that he impliedly assented to the...
On December 30, 2021, the Supreme Court of New Jersey reversed a grant of summary judgment in favor of an employer in a case involving an allegation that a subordinate’s discriminatory animus indirectly influenced an employment termination decision in violation of New Jersey’s Law Against Discrimination (LAD). In Meade v. Twp. of Livingston, the employee, a town manager, claimed that the town council decided to terminate her employment due to the gender bias of a male subordinate, the town police chief. Contrary to the trial court and appellate division, the Supreme Court concluded that there was a genuine dispute as to whether the police chief’s alleged bias influenced the town council’s decision, thereby rendering the case appropriate for a trial. In so ruling, the court noted that the matter was not a cat’s paw case (as argued by amicus curae National Employment Lawyers Association of New Jersey) because the town manager was not alleging the police chief influenced the town council to fire her, but that the town council’s decision simply was influenced by the police chief’s own purportedly discriminatory view of women. In coming to its decision, the court walked through the familiar McDonnell-Douglas burden shifting framework. It first explained that the town manager presented a prima facie case of employment discrimination: (1) the...
Gibbons P.C. is pleased to announce that three attorneys from the firm’s Commercial & Criminal Litigation Group have been named Directors, effective January 1, 2022. All are resident in the firm’s Newark office. “We are incredibly proud of this year’s class of new Directors,” said Patrick C. Dunican Jr., Chairman and Managing Director of Gibbons. “These outstanding, up-and-coming attorneys have proven to be exceptional assets to the firm and its clients, and we are confident that their contributions will be even greater as they take on the increased responsibilities of their new roles.” “Having been their practice group Chair for the past several years, I am well aware that Annie, Charlotte, and Josh possess all of the qualities that define a Gibbons Director,” noted Peter J. Torcicollo, Co-Chair of the firm’s Commercial & Criminal Litigation Group and incoming Managing Director. “With their well-deserved promotions and new, higher profiles, they will be excellent representatives of the firm as they continue to develop in their careers.” The attorneys promoted to Director are: Anne M. Collart Ms. Collart is an experienced and trusted counselor who has represented individual and corporate clients in a variety of criminal and civil matters. Her white collar criminal defense practice includes trial and appellate matters, and she has argued cases in both federal...
Gibbons P.C. is pleased to announce that longtime firm Directors Frederick W. Alworth, Jennifer A. Hradil, and Thomas R. Valen have been named to new leadership positions in the Commercial & Criminal Litigation Group, the firm’s largest and most wide-ranging practice area. Effective February 1, 2022, Mr. Alworth will serve as Chair of the practice, with Ms. Hradil and Mr. Valen as Vice Chairs. In their new positions, these attorneys will oversee the work of the attorneys in their respective practice groups and manage group activities and workload. Their oversight responsibilities include fees and billings, matter management, case staffing, associate training and broader professional development, client relations, and business development. All have served, or are serving, in various other management capacities at the firm.