News & Insights

Noncompete Enforceability In The World Of Remote Work

Archer partners, Brian Gargano, Nicole McDonough and Daniel DeFiglio, wrote about the ways in which remote work has forced employers to reexamine restrictive covenants and noncompete clauses in the Law 360 article, "Noncompete Enforceability In The World Of Remote Work." ...read more

Data Breach Investigations as Valuable Tools for Businesses That Have Experienced a Data Breach

Daniel J. DeFiglio, a partner in the firm’s Data Privacy and Cybersecurity, Business Litigation, and Trade Secret Protection and Non-Compete Groups discusses the importance for businesses to be mindful of how data breach investigation reports are created and shared so that they can obtain the full panoply of their benefits. In this New Jersey Lawyer article, “Treat Your Data Breach Investigation Like Your Toothbrush—Don’t Share It with Anyone,” published August 2022, Daniel writes that data breach investigations are valuable tools for businesses that have experienced a data breach. They can provide valuable insights to help better protect customer privacy, and can assist in responding to governmental authorities  and private litigants. Yet the cases discussed here highlight that these same  advantages may also be a reason why  well-intentioned reports may later  become “Exhibit-1” at trial; namely, that the report was made to serve business  purposes, not as a defense to litigation. ...read more

Recent Developments in Coverage for Faulty Workmanship Claims: Pennsylvania Joins the Majority

"Recent Developments in Coverage for Faulty Workmanship Claims: Pennsylvania Joins the Majority" By: Dan DeFiglio. Esq.,  American Bar Association, Feb. 2020 ...read more

A Different Sort of Cyber Monday Deal: A Federal Appellate Court Clarifies the Standard for Liability to Businesses Flowing from a Data Breach

In its recent decision in Clemens v. ExecuPharm, the United States Court of Appeals for the Third Circuit clarified, and arguably expanded, the standards that determine when and if employees can file suit in federal court against employers that experience a data breach. In so ruling, the Court held that employees have “standing” to pursue claims for damages against their employer based on the risk of identity theft or fraud arising from a data breach. The decision thus presents important guidance for employees and employers alike, and further reinforces the need for employers to consider appropriate measures to protect personal and financial information which they choose to collect. ...read more

New Jersey Court Upholds Arbitration of Employee’s Discrimination Claims Arising from His Use of Medical Marijuana

The Superior Court of New Jersey, Appellate Division, recently upheld a private employer’s arbitration provision and found that the employee’s claims belonged in private arbitration. This case, Antonucci v. Curvature Newco, Inc., is important because it is the first reported decision in New Jersey to expressly find that the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50, which prohibits certain types of restrictions in employment agreements, including arbitration clauses. ...read more

New Jersey Court Limits Discoverability of Corporate Tax Returns

The New Jersey Appellate Division recently clarified that corporate tax returns are entitled to a presumption of confidentiality in the discovery process just like personal tax returns. But corporate tax returns may still be discoverable if the party seeking them establishes the heightened disclosure requirements. In considering this issue, courts will likely conduct an in-camera review of the returns to determine whether they contain relevant information and if so, whether partial disclosure with redactions is possible. ...read more

Archer Announces Election of Seven New Partners

Archer is pleased to announce that seven attorneys have been elected to the partnership, effective May 23, 2022. Attorneys Daniel Chertok, Daniel DeFiglio, Charles Dennen, Bryan Hall, Nicole McDonough, William Rogers and Christian Stueben have been promoted to partner. ...read more

Jam Recipe Yields 1st DTSA Verdict

On Feb. 27, 2017, a federal jury in Pennsylvania returned the first verdict under the Defend Trade Secrets Act of 2016 and awarded what may amount to be more than $5 million in damages to the plaintiff, the creator and owner of a proprietary fig spread. The case is notable not merely for being the first verdict under the newest amendment to the Economic Espionage Act; it also stands as a reminder of the potent remedies afforded to American companies seeking to protect their trade secrets. ...read more

Ask Archer: A Fireside Chat; Latest Legal Changes For Every Employer That Uses Non-Compete Agreements

When: Wednesday, February 16, 2022 from 10:00 AM to 10:30 AM EST ...read more

Ask Archer: A Fireside Chat on Non-Compete Considerations with Daniel DeFiglio

As part of Archer's ongoing Fireside Chat webinar series, associate Daniel DeFiglio will present "Non-Competes Under Siege: Considerations for Businesses in Light of Recent Proposed Legislation" on April 8, 2021. ...read more