Articles & Presentations

In My Opinion…It’s Time to Bring the National Labor Relations Act into the 21st Century

March 21, 2024 | by Beverly A. Williams, Esq., Partner at Wong Fleming After years of decline in union membership, more than two years of COVID-19 and working remotely, and the impact of the Great […]

In My Opinion…It’s Time to Amend the National Labor Relations Act

March 12, 2024 | by Beverly A. Williams, Esq., Partner at Wong Fleming The time to amend the National Labor Relations Act (NLRA or Act), which was enacted in the 1935, and last amended in […]

Federal Corporate Transparency Act – “A Call to Action”

March 6, 2024 | by Shahzad Qadri, Partner at Wong Fleming The landscape of American business has undergone a significant shift with the implementation of the Federal Corporate Transparency Act (CTA), which took effect on January 1, […]

Embracing Progressive Workplace Practice in New Jersey

February 2, 2024 | by Wong Fleming Embracing progressive workplace practices in New Jersey As the world embraces more progressive workplace environments, New Jersey is making strides in adopting these practices. Partner Linda Wong explores this topic […]

How Foreign Businesses Can Attract Investors in Washington State

January 30, 2024 | by Wong Fleming What are the key interests of Washington State investors, and how can businesses worldwide capture their attention and secure funding? Partner Ramina Dehkhoda-Steele delves deeper into this topic […]

Mexico issues new regulations for teleworkers: NOM-037-STPS-2023, Telework – Conditions of Safety and Health at Work was published in the Federal Official Gazette on June 9 of this year

June 15, 2023 | by Martha Angélica Villalobos-Murillo View as PDF: Mexico issues new regulations for teleworkers NOM-037-STPS-2023 México expide nueva normatividad para teletrabajadores: La NOM-037-STPS-2023 Teletrabajo – Condiciones de seguridad y salud en el […]

2d Cir. Rules that Unsettled Legal Disputes Not Actionable Under the FCRA

January 27, 2023 | by Dafney Dubuisson Stokes, Partner of Wong Fleming Can credit reporting agencies and furnishers of information be sued under the Fair Credit Reporting Act, 15 U.S.C. 1681, et. seq. (“FCRA”), over […]

Ten Cardinal Rules to Live By When Mediating Your Case

November 21, 2022 | By: Daniel C. Fleming, V.P. & Partner, Wong Fleming, P.C., Princeton, NJ These days, almost every lawsuit is the subject of mediation at some point. It always pays to have a […]

Employee or Independent Contractor? The U.S. Department of Labor Proposes Rule Change to the Independent Contractor Test

November 3, 2022 | by Wong Fleming The U.S. Department of Labor’s proposed rule change would return applying a test that would make it more difficult for certain workers to qualify as independent contractors. The […]

Rethinking Diversity in Legal Teams

August 3, 2021 | C. Jeffrey Leung and Roberto Portillo Togno Below is an article Jeff Leung, former attorney for Wong Fleming, wrote for the American Bar Association. The U.S. Department of Labor defines diversity […]

Perspectives From Asian Judges | A LOOK AT JUDGESHIP, THE PANDEMIC, AND DIVERSITY

July 1, 2021 | Rehan Alimohammad and Jeff Leung Below is an article Partner Rehan Alimohammad and Jeff Leung wrote for the State Bar of Texas.  One of the first Asian American males to serve […]

Post-Election Litigation: Is There Any Chance Of Success?

Wong Fleming’s attorneys Daniel Fleming, Jeff Li, and Brittany Parisi, with assistance from paralegal Sabrina Piotrowski, wrote an analysis of the ongoing litigation surrounding the results of the US  election for Lawyer Monthly. Click here […]

What’s New in Financial Services After USMCA?

November 2, 2020 | by Wong Fleming The enacting of the United States-Mexico-Canada Agreement (USMCA), on July 1st of 2020, creates business opportunities in Mexico for the financial sector. Financial services in Mexico are a […]

Canadian Financial Services Statutes – Consumer Protection Updates

October 28, 2020 | by Wong Fleming Canadian consumer protection standards have always been relatively pro-consumer; with the recent updates to various financial services statutes, these rules have only been made more onerous. These updates […]

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 Wong Fleming 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 consumers […]

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

U.S. Eases Restrictions on Myanmar

IRS Announces Employer-Provided Cell Phones Not Taxable; No Recordkeeping of Usage Required

Employer Provided Cellphones

Recent Ruling on the National Labor Relations Act

Supreme Court Narrows Constitutional Jurisdiction of Bankruptcy Courts

   

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