Preventing and Resolving Construction Disputes: Understanding Liability
October 14, 2024
Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has specific responsibilities that, if not fulfilled, could lead to disputes. Here’s a breakdown of the key types of liabilities and what they […]
Federal Courts Stop Dancing the “Lusardi Two-Step” Used in Age Discrimination Class Actions
September 5, 2024
Some forty years ago this author litigated a precedent setting case in the United States District Court in Newark, New Jersey and in the Third Circuit Court of Appeals in Philadelphia. Among numerous reported decisions in that case was one that guided federal courts across the nation concerning the standard for class certification in age […]
Breaking News: Texas District Court Sets Aside FTC Rule Banning Non-Compete Agreements
August 21, 2024
On August 20, 2024, in the long awaited decision of Ryan, LLC v. Federal Trade Commission, (Civil Action No. 3:24-CV-00986-E, Northern District of Texas Dallas Division), United States District Judge Ana E. Brown set aside the Federal Trade Commission (“FTC”) rule (the “FTC Rule”), which generally would have banned non-compete provisions, effective September 4, 2024. […]
Paid Lactation Breaks Are Now Mandatory In New York
July 23, 2024
Effective June 19, 2024, all employees in the State of New York have the right to paid break time to express breast milk. Specifically, N.Y. Labor Law § 206-c1 provides that “an employer shall provide paid break time for thirty minutes, and permit an employee to use existing paid break time or meal time in excess of thirty minutes to allow an employee to express breast milk for such employee’s nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth.”
Matrimonial and Family Law Insights: Breaking Down Mediation
July 16, 2024
Looking for a way to achieve an amicable divorce? At Mandelbaum Barrett PC, we believe in the power of mediation to facilitate a smoother and more efficient process.
Matrimonial and Family Law Insights: The Purpose of Early Settlement Panel
July 2, 2024
Facing a divorce and unsure how to handle the court process? At Mandelbaum Barrett PC, we provide comprehensive guidance, including navigating the Early Settlement Panel (ESP).
New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment
July 1, 2024
In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging claims of discrimination and harassment under the New Jersey Law Against Discrimination (“LAD”). Specifically, the Court held that “because the scope of the agreement in this case would bar individuals from describing an employer’s discriminatory conduct, the agreement encompasses speech the LAD protects” and thus, “the non-disparagement clause in the agreement is against public policy and cannot be enforced.”
Cybersecurity / Fiduciary Seminar
July 1, 2024
Learn from industry professionals about protecting retirement accounts from cyber threats and understanding fiduciary responsibilities under ERISA. This seminar is for plan sponsors, wealth advisors, accountants, and financial professionals focused on enhancing security and compliance in their organizations. Some of the topics are: Overview of Cyber Threats in the Digital Age, Fiduciary Duties under ERISA, Legal Implications of Cyberattacks on Retirement Plans, Trends in Ransomware, Participants Responsible and Best Practices, Cyber Insurance and its Importance & Future Directions and Beyond DOL Guidelines.
Matrimonial and Family Law Insights: Importance of Negotiation
June 26, 2024
Considering divorce and wondering how to effectively manage the process? At Mandelbaum Barrett PC, we emphasize the power of negotiation to achieve the best outcomes for our clients.