New Jersey Law Blog Podcast

  1. Battle of the Empires: Permissive Trademark Infringement in Creative Works2020/10/06
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  2. Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 32020/10/02
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  3. N.J. Prompt Pay Act and Piercing the Corporate Veil2020/09/30
    In a recent appellate decision, the court discussed the N.J. Prompt Pay Act, a fraudulent inducement claim and piercing the corporate veil with regard to a subcontractor’s claims against a general contractor. In finding in favor of the sub-contractor, the court applied the N.J. Prompt Pay Act and a fraudulent inducement claim in order to... Continue Reading
  4. Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 22020/09/23
    Appellate Courts Recognize Strike 3’s Ability to Meet Standard for Early Discovery to Obtain John Doe Defendant’s Name and Address While some bullheaded District Court judges have stopped Strike 3 in its tracks by denying its request for early discovery, most appellate courts to have considered the issue find that Strike 3’s allegations of copyright... Continue Reading
  5. Supplemental Guidance Regarding the Proxy Voting Responsibilities of Investment Advisers2020/09/17
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  6. Enforceability of Arbitration Clauses in a Construction Contract2020/09/17
    In a recent matter before the appellate division, the Court discussed the enforceability of an arbitration clause in a construction contract where the clause did not contain a waiver of the right to file a state court action, nor a waiver of the right of a trial by jury. Furthermore, the court also reviewed the... Continue Reading
  7. Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 12020/09/16
    D.C. Circuit Reverses District Court’s Denial of Strike 3’s Request for Early Discovery to Obtain Identity of Subscriber of IP Address Allegedly Used to Illegally Download Strike 3’s Adult Videos The D.C. Circuit recently revived one of thousands of copyright lawsuits filed by an adult film studio, Strike 3 Holdings, overturning the lower District Court Judge who declined to... Continue Reading
  8. Do Not Forget the Importance of Gift Provisions in a Power of Attorney2020/09/11
    Gift provisions in a power of attorney can limit both agents and guardians, and restrict their ability to make gifts if a need arises. For this reason, powers of attorney should be carefully drafted to include appropriate gifting authority. A recent New Jersey Appellate Division case underscores the importance of including gift authority in a... Continue Reading
  9. Eight Nebraska Football Players Commence Litigation Against the Big Ten Seeking Reinstatement of Their Season and Monetary Damages2020/09/09
    On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same, the student-athletes point to the... Continue Reading
  10. AAA Arbitration: The Jury is Out2020/09/03
    A number of community associations are governed by Declarations/Master Deeds and By Laws containing a provision that any controversy or claim arising out of, or relating to the Declaration/Master Deed or By Laws, must be submitted to and decided by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. This provision is intended to... Continue Reading
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