LJN Newsletters

  • Direct Evidence Not Needed in Mixed-Motive Cases

    The Supreme Court ended its last term holding that direct evidence of discrimination is not necessary in a Title VII mixed-motive case. Desert Palace, Inc. v. Costa, 123 S. Ct. 2148 (2003) brings an end to an appellate court split regarding evidentiary burdens that began with the Court's plurality decision in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).

    August 01, 2003Darrell R. VanDeusen

  • Employee Won't Sign a Non-Compete: Grounds for Dismissal?

    A former employee may proceed with whistle-blowing and claims of wrongful discharge against an employer who fired her for refusing to sign a non-compete agreement. On April 16, 2003, the New Jersey Appellate Division (the Court) so ruled in Maw v. Advanced Clinical Communications, Inc. (ACCI), 359 N.J. Super. 420 (App. Div. 2003).

    August 01, 2003Albert J. Solecki, Jr. and Lori A. Mazur

  • Developments of Note

    Recent developments in e-commerce.

    August 01, 2003Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • Managing E-commerce Partnerships

    Q: What do you risk getting when you mix commerce with the Internet?
    A: A host of possible legal issues.
    Proper planning, however, will reduce the legal risk associated with e-commerce pacts and make for a less bumpy ride should the partners decide down the road that they want to go their separate ways.

    August 01, 2003Marie Flores

  • e-Commerce Docket Sheet

    Recent developments in e-commerce law and the industry.

    August 01, 2003Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • E-pharmacies in Europe: When Two Regulatory Worlds Collide

    The authorities in the European Union (EU) are steadily increasing the amount of regulation over the Internet and aspects of e-commerce in particular. When the sale of pharmaceutical products occurs on the Internet, therefore, a number of regulatory issues need to be borne in mind, and a recent court case has highlighted a number of these issues.

    August 01, 2003Simon Smith

  • Guard Your E-business Against Tech Pitfalls With Software Escrow

    This article is one of a series on using software escrow to protect e-business, a topic that's well discussed in the e-trade business and one that generated a lot of buzz at the recent Computer Law Association conference in Washington, DC.

    August 01, 2003Judith Silver and Bea Strickland Wray

  • In the Spotlight: Landlords Should Not Overlook the Importance of Estoppel Certificate Provisions

    Estoppel Certificate Provisions are usually given little, if any, attention during lease negotiations.As long as a lease contains basic language requiring a tenant to provide an estoppel certificate from time to time, most parties to a lease negotiation simply gloss over the provision and move on to weightier issues. In certain situations, particularly where a tenant is the major, if not the only, tenant of a particular real estate project, a landlord seeking to sell or refinance its asset needs to be in the position of requiring the tenant to timely deliver an estoppel that will pass muster with its lender or purchaser (and such purchaser's lender).

    August 01, 2003William Crowe