News & Insights

Neighboring States Have Either Passed or Proposed Climate Superfund Laws - Is Pennsylvania Next?

Following Vermont and New York’s enactment of a Climate Change Superfund Act, New Jersey, Maryland, Massachusetts and California are proposing their own superfund laws, which Marc Rollo, Charlie Dennen and Grace Baccare discuss in the Legal Intelligencer article, “Neighboring States Have Either Passed or Proposed Climate Superfund Laws— Is Pennsylvania Next?”. These states are seeking to impose liability on certain responsible parties for damages caused by extracting fossil fuels or refining crude oil. Compensatory payments would be collected from responsible parties and allocated to a climate superfund cost recovery program. While these proposals have not yet been enacted, they do serve as an indicator that more states will propose their own law, including perhaps Pennsylvania. However, the U.S. Chamber of Commerce and American Petroleum Institute are pushing back and recently filed a lawsuit against the state of Vermont, arguing that their version of the climate superfund law is an overreach of state power. New York will likely face the same legal challenge. ...read more

NJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules

The New Jersey Department of Environmental Protection (NJDEP) has proposed a transformative rule change to hazardous substance discharge reporting requirements. The suggested amendments are intended to codify and implement the provisions enacted in the 2019 Site Remediation Reform Act (SRRA 2.0), as well as supplement various parts of New Jersey statutory law concerning the remediation of contaminated sites. ...read more

Unchartered Waters: The AI Phishing Wave Is Here

Attorneys, Kate A. Sherlock and Nicholas T. Franchetti, authored the article, "Unchartered Waters: The AI Phishing Wave Is Here," for the New Jersey Law Journal writing, "AI is poised to make both traditional and spear phishing cheaper and more effective." For traditional phishing, AI can generate and send thousands of emails in virtually no time, whereas an individual threat actor would have needed minutes or hours to write each underlying email. Moreover, as AI has become more sophisticated, studies have shown that AI-generated emails are now indistinguishable from those written by humans. AI’s effect on spear phishing has been even more pronounced.  ...read more

New Jersey’s Comprehensive Data Privacy Law Now in Effect

New Jersey’s comprehensive data privacy law goes into effect today, January 15, 2025.  The law gives New Jersey consumers greater control over their data and imposes significant obligations on businesses that collect and process such data.  Some of the obligations include publishing a privacy policy detailing the business’s data collection, processing, and disclosure practices, providing consumers with the option to opt-out of the collection and disclosure of their information, and entering into written data processing agreements with third-party vendors that will be accessing or processing personal information.  For more information about the law, please see our prior published client alerts here and here.  If you need assistance in evaluating your business’s privacy compliance or if you have any questions or would like more information on the issues discussed in this Alert, please contact Kate Sherlock in Archer’s Voorhees office at 856-673-3919 or ksherlock@archerlaw.com  ...read more

New Jersey “Climate Superfund Act” Clears Senate Committee

On December 12, 2024, the New Jersey Senate Environment and Energy Committee advanced the “Climate Superfund Act,” a bill moving through the New Jersey Legislature which, if enacted, would impose liability on certain fossil fuel companies for certain damages caused by climate change. The bill also establishes a program within the New Jersey Department of Environmental Protection (“NJDEP”) to collect and distribute compensatory payments. The bill was originally introduced in the New Jersey Senate as S-3545 on September 12, 2024, by Senator John McKeon. An identical bill sponsored by Assemblyman John Allen as A-4696 is also pending in the New Jersey General Assembly. ...read more

Corporate Transparency Act Preliminary Injunction is Reinstated

On December 3, 2024, in Texas Top Cop Shop, Inc. v. Garland, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily preventing the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) from enforcing the Corporate Transparency Act (“CTA”). See our Advisory. ...read more

Harassment and Discrimination in the Workplace

In speaking to New Jersey Business Magazine about predictive measures every employer must have regarding harassment and discrimination in the workplace, partner Peter L. Frattarelli spoke about formal procedures. Chair of Archer's Labor & Employment Group, Peter said, "Employers  need to lay out a complaint procedure that employees can use to the extent they feel that they’re a witness to a harasser and/or they are a victim of harassment. Employees should be allowed to complain to pretty much anybody in the organization who’s in a position of authority." ...read more

Lawyers Weigh 'Right to Disconnect' During Remote Work

In the ALM.COM article, "Lawyers Weigh 'Right to Disconnect' During Remote Work," partner Peter Frattarelli was asked for his thoughts on employers after-hours communications with their employees. Some jurisdictions are considering penalties for bosses who require workers to reply to their late-night calls, emails and text messages. There is a measure pending in New Jersey's General Assembly establishing a fine for employers who continually do this. ...read more

Unanswered Questions on Remote Work Complicate NJ Wage Transparency Law, Litigators Say

Labor & Employment Group Chair, Peter L. Frattarelli, spoke with the New Jersey Law Journal regarding the wage transparency legislation saying he will advise clients on two main priorities to meet before New Jersey’s version of the law takes effect on June 1. He noted employers need to be ready to comply with the new law by the effective date, adding that any pay disparity between employees needs to be justified because of this new legislation and existing pay equity law. However, there are unanswered questions about the state’s version of the law which need more clarity. ...read more

The Future of DEI in Legal

The legal landscape around diversity, equity, and inclusion has shifted significantly in the wake of several significant judicial opinions. While the legal profession has been notoriously slow to make progress in its efforts to nurture more inclusive practice environments, there is optimism about the advancement of inclusion in the profession.  ...read more

Steven Mignogna Reappointed to Advisory Committee of Heckerling Institute on Estate Planning

Archer partner Steven K. Mignogna has been reappointed to the Advisory Committee of the Heckerling Institute on Estate Planning. The Heckerling Institute on Estate Planning is widely regarded as one of the premier estate planning programs in the country. With over 3,000 attendees, it is the largest estate planning conference of the year. As a board member, Steve helps to implement the goals of the Institute, which include presenting the most important developments in the areas of estate planning, probate litigation and estate, gift and income taxation. ...read more

Gianfranco Pietrafesa Recognized by New Jersey State Bar Association

Gianfranco A. Pietrafesa, a partner of the firm and a member of its Business Counseling and M&A groups, was recognized by the New Jersey State Bar Association (NJSBA) on December 12, 2024 for appearing on behalf of the NJSBA as amicus curie in the New Jersey Appellate Division in Patel v. New Jersey Department of Treasury. The case involved an issue of first impression under New Jersey’s LLC statute, NJ-RULLCA, and resulted in a published opinion (479 N.J. Super. 26 (App. Div. 2024)). Gianfranco was a member of the select committee that drafted New Jersey’s LLC statute, has written and lectured extensively on NJ-RULLCA, and is considered an authority on the subject. ...read more

Big Victory for APA Client ABATE of PA

On the final day of the 2023-24 legislative session, the Pennsylvania Senate and House finished with two bills that significantly impact Archer Public Affairs (APA) client, Alliance of Bikers Aimed Toward Education (ABATE of PA). Archer Public Affairs is a subsidiary of Archer & Greiner. ...read more

2025 ABA/IPT Advanced Tax Seminar

Partner Alex Genato will be presenting the program “A Big, Easy Guide to Recent Trends in Property Tax Exemptions” at the 2025 ABA/IPT Advanced Tax Seminar. Governments continue to seek ways to expand revenue collection while keeping their residential taxpayers happy. This program explores how varying property tax exemption statutes affect taxpayers operating across a range of industries. ...read more

ABA Real Property Trust & Estate Law Section Virtual CLE Conference

Join partner Steven K. Mignogna, who will be presenting the program "Seven Deadly Trust and Estate Claims," at the American Bar Association's first annual, ABA Real Property Trust & Estate Law Section Virtual CLE Conference. This 2-day conference is designed to keep practitioners up to date on the latest developments in core planning topics in each of the trusts and estates and real property fields. Steve’s program focuses on seven significant novel claims that have come about as estate and trust litigation intensifies around the country. These include: ...read more

Tax Court Roundtable

Rebecca L. Hutcheon will be presenting at the NJ State Bar Association's, "Tax Court Roundtable." The program features a panel of judges, tax court clerks and tax attorneys, giving you a complete overview of the Tax Court. This seminar will provide attorneys of all experience levels with invaluable insight from a judicial perspective. ...read more