News & Insights

Decision Lowers Standard for Enforceability of Arb Clauses in Commercial Contracts

Archer attorney’s Christopher Terlingo and Charles Dennen co-authored the April 2023 New Jersey Law Journal article, “Decision Lowers Standard for Enforceability of Arb Clauses in Commercial Contracts.” In the article, Chris and Charlie discuss the New Jersey Appellate Division’s recent decision in the County of Passaic v. Horizon Healthcare Services – which resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context. ...read more

A Fast-Approaching Valentine’s Day Deadline for Employers with California Employees Subject to Non-Compete Agreements

New York Aims to Become the Fifth State to Join the Non-Compete "Ban" Wagon

The New York State Assembly reconvened last month and passed a bill (A01278B) banning all non-compete agreements which, if enacted, would prohibit almost all new employee non-compete agreements, regardless of salary level or job function. Strikingly, the proposed legislation does not contain an exception for situations involving the sale of a business. The law will be applicable to contracts entered into or modified on or after the law’s effective date and does not void existing non-compete agreements. The bill and its Senate counterpart (S3100A) are currently in limbo, awaiting further action from New York Governor Kathy Hochul, who may request the bills be sent to her for execution, or instead request further amendments. If signed, the law would take effect 30 days thereafter. ...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

DraftKings Case Shows Limits of California Noncompete Ban Reach

In the Bloomberg Law article, "DraftKings Case Shows Limits of California Noncompete Ban Reach," Senior Correspondent, Chris Marr, discusses how California’s power to void worker noncompetes signed in other states isn’t as sweeping as some employers feared after a Boston federal appeals court upheld a disputed contract between DraftKings and a former executive. ...read more

FTC Ruling on Non-Compete Agreements - What You Need to Know

Christopher Terlingo will be a speaker at a CIANJ virtual event discussing, "FTC Ruling on Non-Compete Agreements - What You Need to Know."  With the recent ruling by the Federal Trade Commission (FTC) to ban the use of non-compete agreements, many businesses will be evaluating the impact the ruling could have on their business. Non-compete agreements are very common and are integral to many successful business transactions. Christopher will be among the panel of experts to discuss the recent ruling, court challenges, and what it means to your business.  ...read more

Labor & Employment Seminar

Please join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law. ...read more