Arbitration Agreements in New Jersey Need More Details
11/16/18
By: Chris Curci On November 13, 2018, the Superior Court of New Jersey, Appellate Division, issued an important decision holding that an arbitration agreement between the employer and employee was not enforceable. Flanzman v. Jenny Craig, Inc., Docket No. L-6238-17. The arbitration agreement read: Any and all claims or controversies arising out of or relating to…
Guns in Workplace: Primer for Employers in PA & NJ
4/12/18
By: John P. McAvoy Presently and tentatively, Pennsylvania and New Jersey do not have guns-at-work laws. There are, however, gun laws in place in both states that similarly impede an employer’s ability to control the workplace; namely, the states’ right-to-carry laws. New Jersey has some of the most restrictive right-to-carry laws in the country. For starters,…
Is an Unethical Fee-Splitting Agreement Per Se Unenforceable? Perhaps Not
1/4/18
By: Mark C. Stephenson Rule of Professional Conduct 5.4 limits the circumstances in which an attorney may share legal fees with a non-lawyer. A recent Pennsylvania Supreme Court decision considered what impact Rule 5.4 has on the claim that was made by a non-lawyer acting as a consultant to a law firm, who sought to…
Pa. Supreme Court To Reconsider If Settlement Can Trigger Malpractice Suit
11/9/17
By: Barry S. Brownstein The Pennsylvania Supreme Court has agreed to reexamine the extent to which a settlement agreement can serve as the basis for a legal malpractice case. The case stems from Eileen McGuire’s efforts to sue a hospital after she was fired in July 2011 in what she claims was retaliation for her…