05.13.2024FTC’s Final Rule on Non-Competes May Not be the Final WordIn a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s ability to change jobs. The Rule also requires employers to notify those workers who have non-compete agreements that are nullified by the Rule that these agreements are no longer enforceable once the Rule takes effect; written notices must be sent no later than September 4, 2024. The exceptions to the FTC Rule are few, and extend to non-compete agreements (i) entered into with a business’s senior executives before September 4, 2024, (ii) entered into between a buyer and a seller as part of a bona fide sale of a business, or (iii) that are part of a franchisee-franchisor relationship.
04.16.2024Genova Burns Helps Secure Major Funding For Client Under The Film and Digital Media Studio Infrastructure Act Genova Burns is pleased to announce a major success on behalf of client Criterion Group LLC in connection to the recent NJEDA approval of $9.5 million in funding under the Film and Digital Media Studio Infrastructure Act, of which a significant portion was approved in support of our Client’s film studio project in Jersey City. Criterion Group, with the assistance of Genova Burns LLC, is engaged in an innovative effort to create a full-scale film campus, located in Jersey City.
04.02.2024Genova Burns Raises Matthew I. W. Baker, Esq. to PartnerGenova Burns LLC proudly announces the promotion of Matthew I. W. Baker to Partner, recognizing his exceptional expertise and invaluable contributions to the firm. With this elevation, Baker steps into a new leadership role, exemplifying the firm’s commitment to recognizing and nurturing talent from within its ranks.
04.01.2024Insights from Genova Burns Attorney Jessica Kim: Expanding Your Korean Startup to New JerseyIf you are you a Korean entrepreneur considering expanding your startup to New Jersey, Choose New Jersey’s recent presentation is available to you. Including some of the leading organizations in business development and innovation, the Korean Accelerator Association (KAA), Korea Early Stage Investors Association (KESIA), the New Jersey Innovation Institute (NJII), Choose New Jersey offered a free webinar designed to provide essential information and resources for bringing Korean startups to New Jersey.
03.25.2024Genova Burns Congratulates Firm Attorneys Named to Super Lawyers Listings for 2024Genova Burns congratulates firm attorneys who have been named to the 2024 Super Lawyers & Rising Stars listings by Super Lawyers, a Thomson Reuters-owned rating service of outstanding lawyers.
Receiving special recognition, Genova Burns' Chairman Angelo J. Genova, Esq. was once again named to the New Jersey Super Lawyers Top 10 Lawyers and Top 100 Lawyers listings.
03.22.2024New Jersey’s New Flood Risk Information Law Goes Into EffectBeginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals.
Previously, sellers and landlords had no specific statutory obligation to disclose a property’s flood history to buyers and tenants or advise them if the property was located in a Federal Emergency Management Agency (FEMA) Flood Hazard Zone Area. This new requirement imposes one of the strictest requirements of potential flood risk disclosure on sellers and landlord in the nation.
03.21.2024Genova Burns Office Leaders to Assume Roles at New Jersey Association of Legal AdministratorsGenova Burns is excited to announce that two of its esteemed female administrators will be assuming key leadership positions within the New Jersey Association of Legal Administrators (NJALA). Colleen Conway, Director of Human Resources, will be sworn in as Vice President, and Rosalie Acevedo, COO and CFO, will serve as an alternate trustee.
03.19.2024Important Changes to the New Jersey ELEC Pay-to-Play Annual DisclosureNew Jersey has long had a requirement for business entities that hold government contracts to file a Business Entity Annual Statement (“Form BE”). The Form BE, normally due on March 30 of each year, will be due on April 1, 2024 this year, as the first business day following March 30. If your business entity received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2023 calendar year, the Form BE must be electronically filed.
03.12.2024Activity in the Legislature Addressing Inactive Licenses and Other ReformOn January 16, 2024, Governor Murphy signed S4265/A5912 into law, reforming New Jersey’s long-standing liquor license practices. The law was enacted to provide open opportunities for new development in communities, in the hope that craft alcohol manufacturers will revitalize business districts across the state. The law aims to harmonize growth with the substantial investments of existing liquor licenses holders. Reforms include making use of inactive licenses, easing restrictions on breweries and distilleries, and creating new types of licenses.
03.05.2024With Great Caution and Deference New Jersey Courts Leave Decisions Resulting From Internal Grievance Proceedings of Universities UndisturbedOn February 16, 2024, in a published decision in Chee Ng, PH.D., v. Fairleigh Dickinson University, the New Jersey Appellate Division granted summary judgment in favor of the University against a former tenured professor who disagreed with the findings of his termination hearing. The court left the University’s decision to terminate the professor undisturbed because it is well settled that Universities have the freedom to decide who to hire, promote, or retain. A University’s – whether public or private – grievance process is entitled to deference.
03.01.2024H-1B Lottery Process Begins On March 6thOn Wednesday, March 6, 2024, USCIS will open its H-1B cap registration process for fiscal year 2025, informally known as the H-1B Lottery. Since 2020, USCIS has implemented an electronic registration system that requires the sponsoring employer to complete a few information forms and pay a registration fee. For the past three years, the registration fee was $10. For 2024, the registration fee increases to $215 for each visa beneficiary.
02.28.2024Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing ActivityOn February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision dismissing the employee’s claim under the Conscientious Employee Protection Act (CEPA), finding that she was properly terminated for mistreating her subordinate. Ultimately, the supervisor could not establish a retaliation claim because there was no causal link between her termination and reporting HIPAA concerns.
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