Commercial Leases and the COVID-19 Pandemic: Guidance for Tenants
July 6, 2020 | by Deborah S. Cochran, Senior Associate The COVID-19 pandemic has impacted business operations in all 50 states and U.S. territories across a variety of industries. One of the most significantly affected […]
Extensive U.S. Immigration Ban to Place Strain on Businesses and Economy
June 30, 2020 | by Rehan Alimohammad, Partner; and Ammar Dadabhoy, Senior Associate In the most recent Executive Order (hereinafter “Order”), issued on June 22, 20201, the President suspended issuance of new work visas until […]
U.S. Supreme Court Holds that Gay and Transgender Discrimination Are Covered by Title VII
June 19, 2020 | by Linda Wong, CEO & Partner On Monday, June 15, 2020, the U.S. Supreme Court held that an employer who fires an individual merely for being gay or transgender violates Title […]
Digital Media Ownership: What does it mean to “purchase” or “buy” digital media?
June 9, 2020 | by Kishan P. Bhavsar In a recently filed lawsuit, a court may have to decide whether online providers of entertainment content are violating consumer protection laws when they claim to allow […]
Expansive New Data Security and Breach Notification Goes Into Effect In New York and Beyond
May 11, 2020 | by Jeff Li On March 21, 2020, New York’s Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) went into full effect. This Act is an amendment to New York’s […]
Looking To Travel To And From The USA Or France? Here’s What You Need To Know
May 7, 2020 | by Wong Fleming and Nicolas Flachet von Campe As the global pandemic known as COVID-19 continues to restrict travel for the global community, when and how you can travel outside the […]
It’s A Democracy: Association Can Challenge Mazda Incentive Programs, As Long As Most Dealers Support The Challenge
May 4, 2020 | by Dafney Dubuisson Stokes, Esq. In N.J. Coal. of Auto. Retailers, Inc. v. Mazda Motor of Am., Inc., No. 19-2961, 2020 U.S. App. LEXIS 13611 (3d Cir. Apr. 28, 2020), the […]
In the Grocery Store Aisles and at the Check-Out Counter – OSHA Issues New COVID-19 Guidance for Retail Workers, But Is It Enough?
April 27, 2020 | by Amelia Taylor, Senior Associate As the number of those infected with COVID-19 continues to rise and worker deaths increase, grocery-store clerks have increasingly been referred to as the new front-line […]
New Jersey Modifies Ongoing Storm Doctrine to Require Certain Remedial Safety Measures Based Upon a Reasonableness Standard
April 23, 2020 | By Linda Wong, CEO & Partner In a published decision on April 9, 2020, the Appellate Division of the Superior Court of New Jersey modified the ongoing storm doctrine that relieved […]
Force Majeure Provisions in New Jersey Commercial Contracts During the COVID-19 Crisis
March 31, 2020 | by Wong Fleming To our valued clients, partners, & community members: In our continuing review of legal issues relating to COVID-19, we expand a little further on “force majeure” provisions in […]
Force Majeure Provisions in Commercial Contracts During the COVID-19 Crisis
March 24, 2020 | by Wong Fleming To our valued clients, partners, & community members: As COVID-19 continues to affect the global community, our highest priorities are the well-being of our personnel and their families […]
Mexico Increases Minimum Wage in 2019
January 9, 2019 | by Villalobos & Moore, S.C., Of-Counsel to Wong Fleming Information Bulletin Minimum Wage 2019 Minimum Wage for 2019 On December 17 of this year the National Commission of Minimum Wages […]
TRUMP UPDATES 2018: Trump’s Treatment of International Treaties, Immigrants and Refugees
The Gavel Volume 6 | December 6, 2018 | by Yian Pan, Associate at Wong Fleming This publication is also viewable as a PDF. I. Overview: In December 2016, Wong Fleming gave a presentation on Trump’s […]
New Guidelines from New York and NYC Anti-Sexual Harassment Laws
The Gavel Volume 5 | October 9, 2018 | by Joseph Marrazo, Associate at Wong Fleming In response to increasing awareness that sexual harassment in the workplace is not only unlawful but also harmful to […]
New Jersey Requires Employers to Provide Paid Sick Leave
The Gavel Volume 4 | October 8, 2018 | by Wong Fleming On May 2, 2018, New Jersey Governor Phil Murphy signed the New Jersey Paid Sick Leave Act (“Act”) into law. The Act will […]
Combating VAT Fraud in E-Commerce in Germany
EDITOR’S NOTE: The following article is written by Schomerus Tax Consultant Dr. Mario Wagner. Wong Fleming maintains an alliance with the German law firm of Schomerus, which is headquartered in Hamburg, Germany. The […]
What Is The Verdict On U.S. President Trump’s Campaign Promise To Withdraw From International Treaties?
Legal Update on Trump and International Treaties (4)[1]
LABOR JUSTICE REFORM
LABOR JUSTICE REFORM / REFORMA EN MATERIA DE JUSTICIA LABORAL Labor Justice Reform
New Jersey court rules that statute of limitations accrues from the written maturity date
New Jersey court rules that statute of limitations accrues from maturity date
WHEN IS SIX MONTHS NOT ENOUGH TIME?
On December 1, 2015, the Supreme Court of New Jersey heard arguments in Rodriguez v. Raymours Furniture Company, Inc., where the Court will decide whether a clause in an employment application shortening the statute […]
SEATTLE TAKES STEPS TO AMP-UP EMPLOYEE PROTECTION LAWS
Highlights Starting in 2011, Mayor of Seattle, signed new ordinances which establish additional protections for Seattle employees. In 2012, the Paid Sick and Safe Time Leave Ordinance was enacted which allows employees […]
EEOC Files Sexual Orientation Discrimination Suits under Title VII
EEOC Files Sexual Orientation Discrimination Suits under Title VII
Wong Fleming Receives CMCP’s 2015 Law Firm Client Service Award
Wong Fleming Wins CMCP’s 2015 Law Firm Client Service Award!
Homologation of the General Minimum Wage in Mexico
Homologation of the General Minimum Wage in Mexico
Diversity Programs in Canada
Diversity Programs in Canada
Associate Attorney, Deborah Cochran has been Re-Appointed to the San Diego Ethics Commission
Deborah Cochran Re-Appointed to the San Diego Ethics Commission
Ramina Dehkhoda-Steele has been Approved as a FINRA Dispute Resolution Arbitrator
Ramina Dehkhoda-Steele Approved, FINRA
A Look at Diversity Beyond the United States: Germany
A Look at Diversity Beyond the United States_ Germany
Counterfeiting in China
COUNTERFEITING IN CHINA
5 REASONS YOU MAY WANT TO OFFER DEPARTING EMPLOYEES A SEVERANCE PAYMENT
5 Reasons You May Want To Offer Departing Employees a Severance Payment
Associate Suspended for Double-Crossing His Firm
A state disciplinary committee delivered a one-year suspension from the practice of law to Gary Robert Novins for engaging a client in an unethical, dishonest, and misrepresentative personal services agreement. Associate Suspended for Double-Crossing His […]
Healthy Workplaces, Healthy Families Act – California Assembly Bill 1522
Commencing on July 1, 2015, all employers are required to provide employees working in the State of California with paid sick leave. Healthy Workplaces, Healthy Families Act
Discovery Abuse Warrants Informing Jury of Misconduct
A Maryland federal court found that a defendant law firm’s repeated discovery abuses warranted ordering monetary sanctions. First Mariner Bank v. The Resolution Law Group. Discovery Abuse Warrants Informing Jury of Misconduct
I just got served with paperwork. What do I do next?
http://wongflemingwafamilylaw.blogspot.com/2014/09/i-just-got-served-with-paperwork-what.html
Webpage Held Not Self-Authenticating
The failure to authenticate a webpage containing facts necessary to support a claim can risk dismissal of the claim. Webpage Held Not Self-Authenticating
Wong Fleming Business and Immigration Law
http://wongfleming.blogspot.com/
Got Independent Contractors? The IRS Wants to Audit You
The IRS has warned business owners who are using independent contractors as labor or service providers of the potential for a tax evasion audit. Independent Contractors
Employer’s Receive Greater Protection Under 4th Circuit: Two Free Slurs Rule
EMPLOYER’S RECEIVE GREATER PROTECTION UNDER 4TH CIRCUIT
New York City and New Jersey Enact New Employment Laws Affecting Pregnant Employees
New Employment Laws Affecting Pregnant Employees
Get politics out of the N.J. Supreme Court: Opinion
Get politics out of the N.J. Supreme Court: Opinion By Florelee Wan The Supreme Court of New Jersey is not a political battlefield. On Dec. 10, 2012, Gov. Chris Christie nominated Monmouth County Superior Court […]
Athlete’s’ Rights of Publicity Trump First Amendment in Video Game Context
Athletes’ Rights of Publicity Trump First Amendment in Video Game Context
Co-Client Relationship Between Insurer and Insured Not Automatic
Co-Client Relationship Between Insurer and Insured Not Automatic
The U.S. Department of Labor’s clarification of the Family and Medical Leave Act
The U.S. Department of Labor’s clarification of the Family and Medical Leave Act’s Protection for Employees Who Request Leave to Care for an Adult Child
Considerations for New and Revised Company Handbook Policies
Considerations for New and Revised Company Handbook Policies
Ethical and practical considerations to ending relationships with clients.
Ethical and practical considerations to ending relationship with clients.
Defending ADA Title III Claims.
Defending ADA Title III Claims
Is It Time to Reconsider Your In-House Standards for Reviewing Loan Modifications?
Is It Time to Reconsider Your In-House Standards for Reviewing Loan Modifications?
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964
Motion for Default of CLE
Every jurisdiction has specific requirements for processing and entering a default against a Defendant who has not responded in an action. The attached powerpoint presents an overview of Federal Court policies, as well as select […]
Former Cocounsel Must Share the Fruits of Their Labor
Cocounsel Must Share the Fruits of Their Labor
Conducting Facebook Discovery
Conducting Facebook Discovery
Time for Senate to cast a vote for diversity: Opinion
On Dec. 10, Gov. Chris Christie nominated to the New Jersey Supreme Court yet another highly qualified Asian Pacific American candidate in Superior Court Judge David Bauman. He was nominated to Superior Court by Democratic […]
Fifth Circuit Decides Favorably for Employer In FMLA Certification Case
Fifth Circuit Decides Favorably for Employer In FMLA Certification Case
Third Circuit Clarifies Burden of Proof with Respect to Secured Creditors Claims
Third Circuit Clarifies Burden of Proof with Respect to Secured Creditors Claims
Insurance Bad Faith and Washington State’s Insurance Fair Conduct Act: Part 2
Insurance Bad Faith and Washington States Insurance Fair Conduct Act: Part 2
Insurance Bad Faith and Washington State’s Insurance Fair Conduct Act: Part 1
Insurance Bad Faith and Washington State’s Insurance Fair Conduct Act: Part 1
Lender Liability Avoidance Part 3: Fraud and Misrepresentation
Lender Liability Avoidance Part 3: Fraud and Misrepresentation
Lender Liability Avoidance Part 2: Breach of Covenant of Good Faith and Fair Dealing
Lender Liability Avoidance Part 2: Breach of Covenant of Good Faith and Fair Dealing
Lender Liability Avoidance Part 1: Breach of Contract
Lender Liability Avoidance Part 1: Breach of Contract
Sometimes Arbitration Clauses Don’t Bar Class Actions: The Vindication of Statutory Rights Trumps the Plain Language of a Contract
Sometimes Arbitration Clauses Don’t Bar Class Actions: The Vindication of Statutory Rights Trumps the Plain Language of a Contract
What Changes Loom For Title VII Affirmative Action Policies In Light Of The Supreme Court’s Granting Certiorari In Fisher v. University Of Texas?
What Changes Loom For Title VII Affirmative Action Policies In Light Of The Supreme Court’s Granting Certiorari In Fisher v. University Of Texas?
What is “Use Analogous to Trademark Use” and Why is it Important to Foreign Trademark Owners?
What is “Use Analogous to Trademark Use” and Why is it Important to Foreign Trademark Owners?
Obama’s State of the Union Hints at Subsidizing Hydraulic Fracturing Plants
Subsidized Hydraulic Fracking
Breaking the Law with Asset Search Reports
Asset Search Reports
New York Benefit Corporation Law Goes Into Effect
Benefit Corporation Law
What to Expect in the Next Four Years at the EEOC: The EEOC Draft Strategic Plan
EEOC Draft Strategic Plan
IRS Announces Employer-Provided Cell Phones Not Taxable; No Recordkeeping of Usage Required
Employer Provided Cellphones
Real Estate Foreclosure Procedures in Pennsylvania
To initiate a real property foreclosure in Pennsylvania, the plaintiff must file a writ of execution and an affidavit, to be served upon the defendant, with the sheriff. Pa.R.C.P. 3129.1(a). The affidavit must include, to […]
Intellectual Property Rights in China
Mixed Signals: Why China is Right and Wrong to Violate Intellectual Property Rights In China, the trade of counterfeit goods (jia huo) is as profitable as it is pervasive. In 2002, the state-run Development Research […]
Civil Rights Litigation
By Linda Wong, Esq.I. THE RETAINER AGREEMENT 1. Hourly Rates 2. Contingency Agreement 3. Partial Contingency Agreement II. WHO IS PREVAILING PARTY UNDER CIVIL RIGHTS FEE SHIFTING STATUTES? A “prevailing party” under the […]
Litigating Claims Against Public Entities
ASSOCIATION OF TRIAL LAWYERS OF AMERICA APRIL 2006 Litigating Claims Against Public Entities I. The New Jersy Tort Claims Act No discussion of litigating claims against the public entity would be complete […]
Hot Topics in Employment Law: Employee vs. Independent Contractor
Hot Topics in Employment Law
Hot Topics in Employment Law 2005-2006
THE NATIONAL EMPLOYMENT LAWYER’S ASSOCIATION OF NEW JERSEY Annual Conference: Everything you wanted to know about Plaintiff’s Employment Law but were afraid to ask. APRIL 2006 Hot Topics in Employment Law 2005-2006 I. Law […]
Employment Law in New Jersey Sexual Harassment Cases
I. Introduction Sexual harassment is not only illegal, but it also invites undue hardship for all parties involved, including the person accused and the accuser. Persons accused of sexual harassment could incur individual liability, under our civil […]
Special Considerations for Fraudulent Transfers
THE ROADMAP FOR FRAUDULENT TRANSFERS The New Jersey Fraudulent Transfer Act sets the roadmap for whether to sue when determining whether your client has been the victim of a fraudulent transfer. Under N.J.S.A. 25:2-25(a), you […]
8 Cardinal Rules of being a Successful Witness in an Employment Case
8 Cardinal Rules of being a Successful Witness in an Employment Case By Daniel C. Fleming, Esq. February 17, 2006 1. Rule of Authenticity: You are what you appear to be. You’re good to your word. […]
Primer On Letters of Credit
Wong Fleming Primer on Letters of Credit
Look Before You Leap: Special Considerations When Entering an Agency Agreement in Europe
Agency Agreement Europe
How to Get Our Evidence in at Trial and Keep Theirs Out
How to Get Our Evidence in At Trial And Keep theirs Out
American Pharmaceutical Concerns: Intellectual Property Right Issues in China and India
Presented by Daniel Fleming at the Saint Joseph’s University Pharmaceutical Symposium in June 2003. American Pharmaceutical Concerns: Intellectual Property Right Issues in China and India
Starting Off Right – Client Selection and Case Evaluation
Starting Off Right- Client Selection and Case Evaluation
Workplace Harrassment: Update 2002 Do You Need an Expert?
Do You Need an Expert
Sexual Harassment in Education
SEXUAL HARASSMENT IN EDUCATION January 25, 2002 LINDA WONG WONG FLEMING A PROFESSIONAL CORPORATION PRINCETON, NEW JERSEY I. Applicable laws The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to –42 prohibits discrimination in places of public […]
Pleading and Proving Employment Discrimination Claims
Pleading and Proving Employment Discrimination Claims Under NJ Law
Contentious Issues in Hiring and Firing: Plaintiff Perspective
Contentious Issues in Hiring and Firing: Plaintiff Perspective By Linda Wong, Esq. and Daniel C. Fleming, Esq. I. INTRODUCTION – THE PROBLEM OF MANAGING MANAGERS TO MAKE SURE THEY FOLLOW COMPANY POLICY AND THE LAW […]
The Aftermath of Faragher and Ellerth: Litigation Hostile Work Environment Cases
Litigating Hostile Work Envirnoment Cases
Title VII Update on Religious Discrimination and Persecution Claims
Presented to the American Conference Institute Employment Law Superconference March 20, 2000. I. INTRODUCTION The Equal Employment Opportunity Commission’s Guidelines on religious discrimination, 29 C.F.R. 1605, states that when determining “whether or not a practice […]
Attorneys Fees in Civil Rights Litigation
Attorneys Fees in Civil Rights Litigation
Pitfalls in Suing the State
Pitfalls in Suing the State
Hot Tips in Employment Law
Hot Tips in Employment Law
How to Beat the IRS: Dischargeability of Taxes in Bankruptcy
How to Beat the IRS: Dischargeability of Taxes in Bankruptcy By Daniel C. Fleming, Esq. [1] With a few exceptions, the Bankruptcy Code adheres to the age-old rule that in life, only death and taxes […]
Legal Aspects of an International Trade Business
(Or How to Succeed Without Worrying, Thanks to a Good Lawyer!) By Daniel C. Fleming, Esq. Introduction For the uninitiated, international trade can be daunting and overwhelming. The purpose of this seminar is to give you […]
Taxability of Compensatory Damages, Including Back Pay, Under the New Jersey Law Against Discrimination
Taxability of Compensatory Damages
Doing Business in the Far East
A Primer for Trading with Hong Kong, China, Taiwan and Beyond By Daniel C. Fleming, Esq. Doing Business in Hong Kong I. BACKGROUND Last summer, on June 30, 1997, 155 years of British colonial rule […]
Recent Developments Under the Federal Family and Medical Leave Act of 1993
Recent Developments Under the Federal Family and Medical Leave Act of 1993
Overview of the ADA: Legal Protections for Persons with Disabilities
Overview of the ADA–Legal Protections for Persons with Disabilities
The Treatment of Residential Mortgages in Chapter 13 after Nobelman
By Daniel C. Fleming, Esq. American Bankruptcy Institute Law Review, Volume 2, Number 1 (Spring 1994) INTRODUCTION One of the most common reasons for filing a Chapter 13 bankruptcy petition is to save […]
Appellate Division Clarifies the New Jersey Family Leave Act
Appellate Division Clarifies the New Jersey Family Leave Act
A Comparison of the Federal Americans With Disabilities Act and the New Jersey Law Against Discrimination
A Comparison of the Federal Americans With Disabilities Act and the New Jersey Law Against Discrimination