Nick Stewart

Leigh Baseheart Kahn, matrimonial and family law attorney, discussed the critical resource needs of New York's matrimonial courts in this article "The State of New York Divorce Practice" from the New York Law Journal. This piece explores whether the courts have sufficient resources to protect children of divorce and highlights opinions from various legal experts. Read the full article, here: https://lnkd.in/dPPpgsUv

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🚨 NJ Appellate Division Decision – Jurisdictional Law on Sex Abuse Litigation 🚨 On February 28, 2024, the NJ Appellate Division decided E.T., A.M., A.R., and others v. The Boys and Girls Clubs of America, reversing the lower court's decision that New Jersey courts have specific personal jurisdiction over the Boys and Girls Clubs of America (BGCA) in a case involving allegations of sexual abuse by a counselor within The Boys and Girls Clubs of Hudson County. This pivotal decision highlights the complexities of jurisdictional law, particularly in cases involving national organizations with local affiliates.   In this case, the plaintiffs alleged they were sexually abused by Arthur Freudenberg, a part-time counselor for the Hudson County BGC, between approximately 1978 and 1982. They sought compensatory and punitive damages from the local entity and the national organization, BGCA. However, jurisdictional discovery showed that BGCA, based in Georgia, did not have direct control over the local club's hiring, training, or supervision practices, including those of Freudenberg. The Appellate Division found that BGCA's connection to New Jersey, through affiliation and brand used by the Hudson County BGC, did not constitute purposeful availment of New Jersey jurisdiction concerning the allegations.   This decision significantly marks the limits of specific personal jurisdiction and underscores the need for clarity in the operational relationships between national organizations and their local affiliates.   Read the Full Decision Here: https://lnkd.in/ePagx6NE   Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases.   Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey   🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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We've covered some recent Virginia Court of Appeals opinions. Catch up on recent rulings with appellate insights from Cullen Seltzer and Mo Sherman regarding: 📌 Watts v. Commonwealth - The importance of careful adherence to procedural rules when it comes to courts’ orders. 📌 Lorenz v. Parker - How responses in legal discovery, especially for Requests for Admissions (RFAs), can make or break a case. For more appellate updates, visit https://bit.ly/416oj5

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Whiteford, Taylor & Preston LLP's Slaven Jesic and Keith Moulsdale write: On May 9, 2024, Governor Wes Moore signed into law the Maryland Online Data Privacy Act of 2024. MODPA will take effect on October 1, 2025, but will not apply to personal data processing activities occurring before April 1, 2026. MODPA is the latest in a series of state data privacy laws that impose comprehensive obligations on businesses that collect, process, or sell personal data of consumers and otherwise meet certain jurisdictional thresholds.  #maryland #dataprivacy #privacylaws #modpa #statelaws

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BBS associate, Alessandra Brainard, recently won a very complex arbitration against rental-car company Avis at the Philadelphia County Court of Common Pleas. Ali, advancing several contract-based defenses, received a complete defense award. The panel found Avis’ subrogation claim against her client, an uninsured motorist who was accused of injuring a pedestrian in a motor vehicle accident, was meritless under the contract between Avis and her client. Among other defenses, Ali established Avis failed to do anything on its end to verify the happening of the accident, which her client denied ever occurred. Ali was retained to represent her client on behalf of Philadelphia VIP, who the firm routinely works with to assist under-privileged Philadelphians as part of its greater initiatives under its Diversity, Equity, and Inclusion Committee.

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Attorney Spotlight: Meet Employment Law Attorney Sean M. Fontes. Sean focuses on employment law compliance and employer-side litigation. Here is a snippet of his wage and equal pay auditing experience, gained from his time leading the Legal Division at the Rhode Island Department of Labor & Training: https://ow.ly/26aB50SFclL #AttorneySpotlight #EmploymentLaw #Compliance #Litigation #pshlaw

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Update: attorneys Tim Hughes and Doug Taylor have written a new article with an update as US Court of Appeals for the Fifth Circuit vacated its stay of preliminary injunction, putting CTA reporting requirements on hold. https://bit.ly/41VSSLP

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Update: attorneys Tim Hughes and Doug Taylor have written a new article with an update as US Court of Appeals for the Fifth Circuit vacated its stay of preliminary injunction, putting CTA reporting requirements on hold. https://bit.ly/41VSSLP

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The New Jersey Law Journal published "Litigators Face New Challenges Under Revised Open Records Law," explaining that some New Jersey litigators will need to adjust their methods in light of Governor Murphy's decision to sign a measure modifying the state's Open Public Records Act (OPRA). Cohn Lifland's Walter Luers, who represents records requesters said, "I think that because OPRA remains a remedial statute, courts will still accept arguments that, even in the absence of bad faith on the part of a records custodian, counsel fees should be awarded to prevailing plaintiffs.” Luers is more concerned, however, about whether a law firm representing a records requester in OPRA litigation is considered a commercial requester under the new law. The legislators who drafted the law say it was needed because of the burden that commercial data companies create for records custodians. Requesters who give the wrong answer on whether they are commercial entities are subject to a $1,000 fine under the new law, Luers said. “Law firms are going to have to look very carefully as to whether or not requests that they file on behalf of a requester are commercial requests.” He adds, “I think that’s a gray area that’s probably going to have to be litigated.” #OPRA #openpublicrecordsact

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The Pennsylvania Appellate Case Review - summarizing precedential opinions from the Supreme, Superior, and Commonwealth Courts, is back - bigger and better than ever. Take a look. https://conta.cc/4bubpQx

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The New York Appellate Division, Second Department recently issued a noteworthy decision concerning how to evaluate the enforceability of a restrictive covenant, such as a covenant not to compete, in an ordinary commercial contract. In a new #ClientAlert, Partners Peter Shapiro and Adam Hoffman explore the implications of the #appeals court's ruling in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, which applied a "rule of reason" analysis aimed at balancing the competing public policies in favor of robust competition and freedom to contract. Read the full alert on our website. #BusinessLaw #CommercialLaw #CommercialContracts #AppellateLaw #NewYorkLaw

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Top legal news of the week: Lawyer disbarred for destroying his computer, altering metadata before ethics hearing A New Hampshire lawyer has been disbarred based on allegations that he destroyed his computer before an ethics hearing and altered metadata to make it appear that he had provided conflict letters to a client when borrowing $275,000 from her. To read the full article, visit: https://bit.ly/3y5ppSw #legalnews #aba #law #legal #lawyers #DefenseCounsel #MintzerSarowitz #MSZLM

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Critical Analysis: Hearsay Provisions Clarified in R v BOB & Others [2024] EWCA Crim 1494 📄 Georgia-Mae Chung provides an in-depth exploration of the Court of Appeal’s recent judgment in R v BOB, BYY, AEN, and BEK, in which Sophie Evans and Abigail Penny acted for two of the four respondents. This decision refines the application of hearsay provisions under the Criminal Justice Act 2003. Highlights include: • Key insights into the reformulated Riat steps, emphasising disclosure as a fundamental safeguard. • Practical guidance on assessing reliability and dovetailing evidence. • The Court’s critique of prosecutorial failings in disclosure obligations. 🔗 Read the full analysis here: https://lnkd.in/eJSjd54F

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Interested in learning more about mediation? New England Legal Foundation (NELF)’s recent Sidebar installment brings together Krokidas & Bluestein Partner Vince Pisegna, Judge Daniel B. Winslow, and Justice Karen F. Green to discuss the advantages of mediation as an efficient, cost-effective, and confidential method to resolve business disputes. Click the link in the comments to watch “Alternative Dispute Resolution” now!

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Check out this Law360 article written by Seth I. Feldman, Esq. & Pierre E. Debbas about how New York co-op boards should transparently disclose minimum sales prices to fulfill fiduciary duties and ensure fair market practices. Click the link below to read the whole article!

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