11.18.2024Third Circuit Clarifies Procedural Roadmap to Compel ArbitrationFacing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration. The Third Circuit Court of Appeals recently clarified how to do so in the District Courts in that Circuit (New Jersey, Delaware and Pennsylvania), correcting what the Court admitted was “a misstep we caused” in a prior decision.
06.17.2024Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the FutureLast week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First Amendment right to free expression. Although the Justices were unanimous in the ultimate result, they disagreed dramatically as to why, ultimately providing little guidance for future cases.
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.
02.22.2024Genova Burns To Host CLE Hybrid Seminar "Diversity In ADR: Acknowledging and Addressing the Lack of Diversity in the Selection of Arbitrators and Mediators" on March 21Join us for a thought-provoking discussion at our upcoming event: "DIVERSITY IN ADR - Acknowledging and Addressing the Lack of Diversity in the Selection of Arbitrators and Mediators" lead by industry specialists Theo Cheng, Esq., and Darren Rumack, Esq., moderated by firm Partner Jennifer Roselle, Esq.
For decades, the ADR field has grappled with a significant lack of diversity in the selection of arbitrators and mediators. The time for change is now, and we're excited to share insights into the progress made and the hope for a more inclusive future.
08.23.2022New Jersey Appellate Division Says Farewell to Courier New in Court Rule UpdatesOn August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main changes in the new rules that impact commercial litigation.
06.20.2022Genova Burns Secures Victory for Client - District Court in Connecticut Compels Arbitration in Lawsuit Against Solar CompanyIn a recent decision in the U.S. District Court for the District of Connecticut, Genova Burns LLC secured a victory for client Venture Home Solar, LLC (Venture Home). Three plaintiffs in the case sued alleging violations of Connecticut’s consumer protection laws in connection with Venture Home’s installation of solar panel systems in residential homes. Two of the plaintiffs contracted with different companies, Sunnova Energy Corporation (Sunnova) and Sun Power Capital LLC (Sun Power) for their solar panels, but their contracts provided that Venture Home would be the “Subcontractor/Installer” or “Dealer/Installer” of their solar panel systems. The Sunnova and Sun Power contracts contained provisions requiring that the plaintiffs arbitrate their disputes on an individual basis. Trying to avoid arbitration, the plaintiffs sued Venture Home in Court.
03.28.2022New DOJ Guidance on ADA Web Accessibility Leaves Unanswered QuestionsOn March 18, 2022, the Department of Justice (DOJ) published web accessibility guidance under the Americans with Disabilities Act (ADA). The ADA is a federal civil rights law that prohibits discrimination against people with disabilities and guarantees that people with disabilities have the same ability as everyone else to enjoy opportunities, goods, and services. Although the new Guidance establishes the DOJ’s intentions to ensure websites are accessible to all, it leaves several unanswered questions on exactly how businesses and governments are to stay in compliance with the ADA.
06.29.2021The Supreme Court Says, “The NCAA is not above the law.” Will College Athletes Get Paid To Play?In a long awaited decision, the U.S. Supreme Court ruled unanimously this week in National Collegiate Athletic Association v. Alston et al., that the NCAA violated the antitrust laws in limiting the education-related benefits colleges and universities can offer student athletes. The case involved a broader challenge by current and former NCAA Division I student athletes, to rules on student-athlete pay imposed by the NCAA.
06.14.2021Genova Burns LLC Announces Partner Promotion and ExpansionGenova Burns LLC, one of New Jersey’s premier law firms, announced the promotion of two attorneys to Partner and the addition of four new associates. Jennifer Roselle, Esq. and Lawrence Bluestone, Esq. have been elevated from Counsel to Partner at the well - known Newark - based Firm.
06.07.2021Supreme Court Narrows Liability Under the Computer Fraud and Abuse ActLate last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in Van Buren v. United States resolved a split among lower courts limiting both civil and criminal liability under the Computer Fraud and Abuse Act (CFAA), a statute that prohibits individuals from “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing]…information from any protected computer.”
05.10.2021N.J. Supreme Court Revives Register Receipt Class ActionLast week, the New Jersey Supreme Court decided in favor of putative class members, taking a permissive approach to class certification at the early stages of litigation.
06.15.2020Supreme Court Finds Federal Law Bars LGBT Employment DiscriminationThe U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or transgender identity.
04.23.2020Supreme Court Agrees to Decide Scope of Computer Fraud and Abuse ActAlthough this case involves a criminal prosecution, the decision will implicate the ability of companies to bring civil cases in federal court against employees and former employees that improperly access company data for improper purposes. The CFAA has been an important tool for companies to enforce the confidentiality of data in their computer systems and has become increasingly important as more and more confidential data is electronic.
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