Author Info for Saiber LLC

Geri Albin

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental Transaction Risks

In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of Environmental…more

Contaminated Properties, Department of Environmental Protection, Environmental Liability, Environmental Litigation, Government Agencies

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John August

With Updated Interpretation in Zezas Ruling, The Times They Are A-Changin’

We lawyers and judges may be Dylan’s “writers and critics who prophesize with your pen.” Then, as now, the times for us are a-changin’, as U.S. District Court Judge Kathryn C. Ferguson recognized in her opinion in In re Andrew…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Debtors, Section 553

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Alexander Banzhaf

New Jersey Supreme Court Rules that Employees can be Reimbursed for Medical Marijuana Expenses

The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law. In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers…more

Controlled Substances Act, Employer Liability Issues, Employment Litigation, Medical Marijuana, Medical Reimbursement

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Caroline Braga

New Jersey Legislature Considers Wage Transparency Law

New Jersey could be the latest state to require salary transparency in job postings, following an increasing trend in wage transparency laws throughout the country. To date, both New York and Connecticut have pay transparency…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Pay Transparency, State Labor Laws

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Arnold Calmann

President Biden Signs Landmark Executive Order on use of Artificial Intelligence

On October 31, 2023, President Biden signed an Executive Order on the “Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” in order to advance “a coordinated, Federal Government-wide approach to address…more

Artificial Intelligence, Biden Administration, Civil Rights Act, Cybersecurity, Department of Homeland Security (DHS)

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Justin Calta

Bill in New Jersey Assembly Could Allow Single-Stair Exit Stairwell in 4-5 Story Residential Buildings

A Bill first introduced by the New Jersey Assembly Housing Committee in October, and recently approved by the Committee to be considered by the full Assembly for a vote, could potentially permit single exit stairwells in certain…more

Building Codes, Construction Industry, Housing Developers, Pending Legislation, Property Owners

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Vincent Cirillli

New Jersey Supreme Court Rules That “Commissions” Are “Wages” Under The New Jersey Wage Payment Law

What should employers do when there is a dispute about the amount of commissions owed to an employee? Should the employer pay the undisputed amount, withhold the disputed amount, and then wait for a determination from the court…more

Employer Liability Issues, Employment Litigation, Sales Commissions, State Labor Laws, Wage and Hour

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DanaLynn Colao

New Jersey Supreme Court Rules That “Commissions” Are “Wages” Under The New Jersey Wage Payment Law

What should employers do when there is a dispute about the amount of commissions owed to an employee? Should the employer pay the undisputed amount, withhold the disputed amount, and then wait for a determination from the court…more

Employer Liability Issues, Employment Litigation, Sales Commissions, State Labor Laws, Wage and Hour

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Nino Coviello

Planning for the Future with Advance Directives, POLST, and Funeral Representatives

Healthcare treatment. Hospital preferences. End-of-life care. Some choices are too important to leave to chance—yet they often are. A recent poll found that only 46% of older adults in the U.S. had documented their advanced…more

Advance Directives, Estate Planning, Living Will, Power of Attorney, Wills

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Jennine DiSomma

EEOC Issues New Guidance on the use of Software, Algorithms, and Artificial Intelligence on Employment Selection Procedures

The new technical assistance document is focused on preventing discrimination against job applicants and employees with respect to employment decisions made with the assistance of automated systems - By now, most people have…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Stephanie Edelstein

The Corporate Transparency Act: Are You Prepared?

Beginning on January 1, 2024, millions of business entities (including corporations, limited liability companies, and other similar entities created in or registered to do business in the United States) will be required to…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Compliance

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Osi Eigbe

New Jersey Amends Unemployment Compensation Law

In November 2022, Governor Phil Murphy signed an amendment to the New Jersey Unemployment Compensation Law intended to streamline the benefits process. The amendment, which took effect on July 31, 2023, expands the employer’s…more

Amended Legislation, Compliance, Electronic Filing, Governor Murphy, Reporting Requirements

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Katherine Escanlar

Lack of Detail Dooms Patent Infringement Complaint Involving Complex Technology

A recent decision from the District of New Jersey serves as a reminder to practitioners that the level of detail required to adequately plead patent infringement will depend on factors such as the complexity of the technology…more

Dismissals, Patent Infringement, Patent Litigation, Patents

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Ami Foger

The Corporate Transparency Act: Are You Prepared?

Beginning on January 1, 2024, millions of business entities (including corporations, limited liability companies, and other similar entities created in or registered to do business in the United States) will be required to…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Compliance

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Christle Garvey

Navigating Holiday Parties During the COVID-19 Era

The holiday season is upon us, and many organizations are preparing to hold their annual holiday party in the coming weeks. The CDC still advises that it is safest to “gather” virtually. It is the sole responsibility of…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Holiday Parties, Holidays

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Michael Grohs

Controversial New Law Restricting Hemp Sales in NJ Spurs Lawsuit by Hemp Businesses

On September 12, 2024, New Jersey Governor Phil Murphy signed Senate Bill 3235 into law, igniting controversy across the state’s hemp industry. The new legislation restricts businesses from selling hemp products unless they…more

Cannabis Products, Farmers, Governor Murphy, Hemp, Hemp Related Businesses

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Jakob Halpern

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. …more

Attorney's Fees, Depositions, Discovery, Discovery Disputes, Discovery Violations

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Paola Ciappina Hemsley

New Jersey’s Minimum Wage Increases Starting January 1, 2023

New Jersey’s new mandatory minimum wage requirement will be effective January 1, 2023. For most employers, the 2023 minimum wage for compensating employees will be $14.13 per hour (up from $13 per hour in 2022)…more

Minimum Wage, Popular, State Labor Laws, Wage and Hour

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Sean Kelly

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open…more

Employer Liability Issues, Employment Contract, Employment Litigation, Non-Disclosure Agreement, Non-Disparagement Provisions

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Mary Joan Kennedy

Planning for the Future with Advance Directives, POLST, and Funeral Representatives

Healthcare treatment. Hospital preferences. End-of-life care. Some choices are too important to leave to chance—yet they often are. A recent poll found that only 46% of older adults in the U.S. had documented their advanced…more

Advance Directives, Estate Planning, Living Will, Power of Attorney, Wills

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Jeremy Kleiman

New Resolution and Recent Election Results Point to Continued Gaming Regulation in Dominican Republic

On Monday, May 20th, Dominican Republic President Luis Abinader won his second term as president of the Caribbean island, according to preliminary polling results. Under President Abinader’s administration, the Dominican…more

Dominican Republic, Election Results, Gaming, Online Gaming, Presidential Elections

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John Losinger

New Jersey Supreme Court Rules That “Commissions” Are “Wages” Under The New Jersey Wage Payment Law

What should employers do when there is a dispute about the amount of commissions owed to an employee? Should the employer pay the undisputed amount, withhold the disputed amount, and then wait for a determination from the court…more

Employer Liability Issues, Employment Litigation, Sales Commissions, State Labor Laws, Wage and Hour

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Kyle Madley

EEOC Issues Guidance on Wearable Technology in the Workplace

On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued a fact sheet titled, “Wearables in the Workplace: Using Wearable Technology Under Federal Employment Discrimination Laws” which highlights risks…more

Americans with Disabilities Act (ADA), Biometric Information, Data Collection, Data Privacy, Data Protection

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Robert Nussbaum

The Saiber Construction Law Column: April 2025

New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to compel…more

Appellate Courts, Arbitration, Breach of Contract, Construction Contracts, Construction Disputes

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Jennifer O'Connor

EEOC Issues Guidance on Wearable Technology in the Workplace

On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued a fact sheet titled, “Wearables in the Workplace: Using Wearable Technology Under Federal Employment Discrimination Laws” which highlights risks…more

Americans with Disabilities Act (ADA), Biometric Information, Data Collection, Data Privacy, Data Protection

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Jaime Rivera Emmanuelli

PR Slot Machine in Route Market: An opportunity for Suppliers, Manufacturers and Vendors

In recent years, Latin America’s (“LatAm”) gaming industry- particularly the iGaming sector- has experienced significant growth, predominantly in South America, with countries such as Brazil and Peru leading the way…more

Distributors, Gaming, Licenses, Manufacturers, New Regulations

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Samuel Rodrigues

New Jersey Governor Amends Its Open Public Records Act

On June 5, 2024, Governor Phil Murphy signed into law the first comprehensive reform to New Jersey’s Open Public Records Act (OPRA) since its passing in 2002. This amendment to the long standing legislation was met with much…more

Amended Legislation, Governor Murphy, Open Records, Public Records, Transparency

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Randi Schillinger

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental Transaction Risks

In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of Environmental…more

Contaminated Properties, Department of Environmental Protection, Environmental Liability, Environmental Litigation, Government Agencies

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Michael Shortt

Ready, Set, Sell: How New Jersey’s New Real Estate Law is Shaking Up the Market

As New Jersey residents prepare for the long winter ahead, many eager homeowners have already begun the planning process to put their homes on the market in anticipation of a traditionally busy spring season…more

Consumer Protection Laws, New Legislation, Real Estate Transactions, Residential Property Owners, Residential Real Estate Contracts

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Cara Joy Skelly

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology to Protect Civil Rights

On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of…more

Algorithms, Artificial Intelligence, Bias, Discrimination, Employment Discrimination

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Catherine Soliman

New Jersey’s Minimum Wage Increases Starting January 1, 2024

New Jersey’s new mandatory minimum wage requirement will be effective January 1, 2024. For most employers, the 2024 minimum wage for compensating employees will be $15.13 per hour (up from $14.13 per hour in 2023)…more

Employer Liability Issues, Labor Regulations, Minimum Wage, New Jersey, Seasonal Workers

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Jeffrey Soos

Lack of Detail Dooms Patent Infringement Complaint Involving Complex Technology

A recent decision from the District of New Jersey serves as a reminder to practitioners that the level of detail required to adequately plead patent infringement will depend on factors such as the complexity of the technology…more

Dismissals, Patent Infringement, Patent Litigation, Patents

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Cynthia Vera

COVID-19 Vaccine Eligibility is Expanding after New Jersey Issues Employer Guidance Regarding Mandatory Vaccination

Governor Murphy announced last week that all individuals who are 16 and older will be eligible to receive a Covid-19 vaccination starting on April 19, 2021. With this announcement, more employers are hoping to return to…more

Coronavirus/COVID-19, Eligibility Determination, Health and Safety, Infectious Diseases, Reasonable Accommodation

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Saiber LLC

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