Greenbaum Rowe Smith & Davis Newsletter

Exhibit A Newsletter - Fall 2010 Edition

Dear Reader:

In this edition of Exhibit A, employment litigation partner Galit Kierkut, explains the risk benefit legal analysis of social media usage to your business. With so many firms seeking to attract new customers to their products and services on the Internet, the use of social media will only burgeon. Embedded in social media and Internet usage issues are privacy concerns and an employer’s right to monitor employees’ communications. In a short companion article, Galit and Aron Schwartz, chair of the Employment Law Practice Group, discuss the recent New Jersey Supreme Court decision, Stengart v. Loving Care Agency, Inc. This decision holds that an employer’s right to monitor employee communications using a company computer is not absolute. As a result, employers may need to review or prepare policies regarding the issue of monitoring communications as it relates to privacy rights.

Alan Naar, Vice Chair of the Litigation Department discusses what all business owners should know about electronic discovery (“e-discovery”) and what steps they should take to be prepared to meet the challenges posed by e-discovery issues.

Litigation partners Gary Wolinetz and Luke Kealy explain the process and issues that arise in commercial tenancy litigation involving the non-payment of rent. The substance of this article was also delivered in a recent firm webinar.

Cara Campbell, an associate in the Product Liability Group, writes about the New Jersey Supreme Court’s reaffirmation of the state’s ability to gain personal jurisdiction over a foreign manufacturer in a product liability case. This decision underscores the globalization of our markets since it appears doubly clear now that New Jersey Courts will find grounds for jurisdiction for most product manufacturers if they have any expectation that their products will be distributed in New Jersey.

We have continued and enhanced our free lunchtime webinar series. Our goal is to bring you timely and practical information for your work and personal lives. To that end, our webinars have covered numerous topics such as social media usage, preventing harassment and retaliation claims, Medicaid planning, the New Jersey Consumer Fraud Statute, and our Annual Employee Benefits Review, among many others.

If you missed one of our webinars, you can access, re-hear and distribute via email all of our webinars, which are recorded and stored on our website. Go to our website’s “In the News” section and click on “Events” for a complete listing.

Very truly yours,
W. Raymond Felton Mark H. Sobel
Co-Managing Partners
The Risks of Social Media Usage in the Workplace
The proliferation of social networking and the ever increasing use by employees of social media both inside and outside the workplace, have created legal challenges and risks for employers in addition to their inherent benefits.
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The ABC's of Commercial Tenancy Litigation
This article examines the process and basic issues that arise in commercial tenancy litigation involving the non-payment of rent.
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NJ Supreme Court Reaffirms: Foreign Manufacturers Subject to NJ Jurisdiction
In Nicastro V. McIntyre Machinery America Ltd., 201 N.J. 48 (2010), the New Jersey Supreme Court held that New Jersey had jurisdiction over a foreign manufacturer in a product liability action under the stream-of-commerce theory because the manufacturer knew or should have known that the distribution system through which its products were being sold targeted a fifty-state market and the product might end up in New Jersey.
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Recent Family And Medical Leave Act Developments: Who Is A “Parent” For Purposes Of Child-Related Leave Under The FMLA?
The U.S. Department of Labor (DOL) has recently issued guidance clarifying that employees who are neither the biological nor legal parent or guardian of a child may nevertheless be entitled to leave under the Family and Medical Leave Act (FMLA) for the birth, adoption, or care of that child if the employee’s relationship with the child meets certain criteria.
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