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Articles
01.08.2024
Archer attorneys Charles Dennen and Thomas Tyrrell co-authored The Legal Intelligencer article, “New Interior Department Rule Proposes Increase in Cost to Acquire and Maintain Federal Oil and Gas Leases,” writing about a new bill that will aim to modernize federal oil and gas leasing regulations. These regulations have not been significantly modified since 1988, and this new rule comes amid increased scrutiny over whether existing regulations are outdated and no longer protective of the federal government's fiscal interests.
Articles
01.02.2024
Archer attorneys, Gianfranco A. Pietrafesa (Franco) and Zhao Li co-authored the article, "Understand Your Obligations Under the New Corporate Transparency Act, recently published in CIANJ’s Commerce Magazine ." The Corporate Transparency Act (“CTA”), which became effective on January 1, 2024, will force more than 30 million privately-held companies to register with the federal government and disclose certain personal information about their owners and management. In their article, Franco and Zhao summarize a company’s obligations under the CTA. The CTA applies to companies formed in the U.S., as well as companies formed outside the U.S. and registered to do business in the U.S. The federal government will enforce compliance with significant civil and criminal penalties on companies, senior management and owners who fail to comply with the CTA.
Articles
12.01.2023
Archer attorneys, Peter Frattarelli and Simone Adkins, co-authored the New Jersey Lawyer article, “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations.” The attorney-client privilege analysis is never an easy one when internal investigations are conducted. In their article, Peter and Simone discuss navigating the complex waters of internal investigations when employers rely on the assistance of counsel. Often questions and confusion revolve around knowing what aspects of the investigation may be protected by the attorney-client privilege or work product doctrine, and outside the scope of discovery. New Jersey courts have evaluated this issue and developed an outline of how to address these situations. To read the complete article, click here.
Articles
11.27.2023
The Supreme Court decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023) held that affirmative action programs are unconstitutional in private college admissions. The decision left businesses that are committed to diversity initiatives worried about what it would mean for their DEI programs. However, the decision does not invalidate private employment diversity efforts. Shelley Smith, Archer’s Chief Diversity, Equity and Inclusion Officer and Partner in the firm’s Business Litigation and Labor and Employment Groups, recently authored The Legal article, “In the Face of Affirmative Action: Persisting with Law Firm Diversity Efforts,” which reviews the Supreme court decision. In the article, Shelley discusses the legal field being among the least diverse professions and how law firms can continue working towards a more diverse and inclusive industry - despite the current attacks against affirmative action. To read the article, click here.
Articles
11.06.2023
Archer attorneys David Edelstein and Charles Dennen co-authored the Bloomberg Law article, “PFAS Rule Risks Vulnerability If High Court Trims Agency Power,” where they write about the complications for companies subject to the EPA's new reporting rules, both in terms of scope and an uncertain legal landscape. Compliance will be expensive, time-consuming, and will pose challenges to the regulated community. Companies should begin the process now to determine whether and/or to what extent reporting is required. To read the complete article, click here.
Articles
10.09.2023
Archer partner, Brian McGovern, was interviewed for the New Jersey Law Journal article, "Attorneys Anticipate New Cannabis Law Will Help Address Financial and Legal Matters in Industry." The article focuses on the anticipated impact of Governor Phil Murphy's newly signed bill that will expand investment in cannabis dispensaries owned by minorities, women or disabled veterans. Asked for his view on the law and the positive changes he expects from it, Brian told the Journal that the law is definitely going to open up the possibility of some investors who previously may have been unwilling to provide financing.
Articles
08.03.2023
Estates & Trusts Group Discuss Estate Planning in SJ Magazine Article, "Planning a Legacy"
Archer’s Estates & Trusts Group was featured in the SJ Magazine profile, “Planning a Legacy,” in the publication’s August 2023 issue. Members of the Estates & Trusts Group discussed who needs an estate plan, the many aspects someone should consider during the estate planning process, and the best time to begin the process. To read the complete article, click here.
Articles
08.01.2023
Archer attorneys David Edelstein and Charles Dennen co-authored the Law360 article on August 1, 2023, “Prepping for PFAS Approval Under EPA’s New Framework,” where they discussed the U.S. Environmental Protection Agency’s new framework in addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of PFAS, along with potential health risks and environmental risks associated with PFAS, and how EPA’s new framework plans to address them.
Articles
07.30.2023
Marie Lihotz Discusses Family Law Mediation for SJ Magazine Roundtable
Many couples turn to family law mediators for help in reaching an amicable compromise on the very personal issues surrounding divorce. Archer attorney, the Hon. Marie Lihotz (Ret.), recently spoke on the topic for a SJ Magazine article, along with other family law mediators. The group discussed why mediation is effective as an alternative to lawyers and litigation, as well as the do’s and don’ts of mediation, deciding custody, a child’s role in custody talks, and questions to ask a potential mediator. To read the complete article, click here.
Articles
06.20.2023
Archer Partner Kate Sherlock was recently published in Issue 260 of NJ Cannabis Insider. In the article, “Cultivating a cannabis brand,” Kate discusses the necessary steps to cultivating and protecting a cannabis brand by walking through several alternative options to combat the inability to register cannabis trademarks at the federal level and protect their cannabis trademarks.
Articles
06.20.2023
Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Chief Healthcare Executive article, “The shifting landscape of antitrust lawsuits in the medical field.” They continue to discuss widespread staffing shortages in the healthcare industry in the wake of the COVID-19 pandemic, and how the shortages may come to affect Antitrust laws in the medical field as courts are expected to further scrutinize how a hospital’s privileges determination could negatively impact the local healthcare landscape, patient care, and physician access.
Articles
06.08.2023
Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Law60 article, “Health Staffing Shortages May Draw More Antitrust Scrutiny.” They discuss widespread staffing shortages in the health care industry in the wake of the COVID-19 pandemic, and how the shortages may cause courts to begin cracking down on hospitals and hospital systems that have engaged in allegedly anti-competitive behavior.
Articles
04.21.2023
In the Law360 article, "NJ's Natural Resource Damage Order May Be Helpful For Cos.," Archer environmental law attorneys Marc Rollo, Matthew Conley and Charlie Dennen discuss the New Jersey Department of Environmental Protection's (DEP) recently issued Administrative Order 2023-08. The administrative order is another step in the evolution of the natural resource damage, or NRD, enforcement in New Jersey. The administrative order affirms the DEP’s duties as trustee for the state’s natural resources and, importantly, directs the DEP to put in place mechanisms to enhance consensus-building in the planning, design and implementation of natural resource restoration activities through improved collaboration with the public and stakeholders.
Articles
04.11.2023
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.
Articles
03.27.2023
Partner Melissa Osorio Dibble co-authored the article, "Who's the Boss? Fiduciary Liability and Directed Trusts," that appeared in the Fall/Winter 2022 issue of Real Property, Trust and Estate Law Journal, published by the Real Property, Trust and Estate Law Section of the American Bar Association.
Articles
03.21.2023
Archer partner, Kate Sherlock, has won numerous UDRP actions on behalf of her clients. In her recent article, “UDRP: Still a Powerful and Efficient Tool for Combatting Anonymous Cybersquatters,” published by the Legal Intelligencer, Kate discusses the UDRP process and why it continues to serve as a powerful and efficient tool for IP owners to stop cybersquatters and protect their business’s goodwill.
Articles
03.03.2023
Dylan R. Newton and Michael S. Horn address the Federal Trade Comission's most recently proposed rule that would ban the use of non-competes in the article, "Shifts in the Enforceability of Franchise Non-Competes," published by Franchising.com on March 2, 2023.
Articles
02.24.2023
Archer Business Litigation attorneys Lilli Wofsy and Michael S. Horn co-authored the February 2023 article, "Comparing NY And NJ Reverse False Claims Statutes," published by Law360. The article is an expert analysis addressing New York and New Jersey's decision to adopt the federal False Claims Act's reverse false claim provision, which imposes liability on any wrongdoer that prevents the government from obtaining something that is duly owed.
Articles
01.06.2023
Dylan R. Newton and Michael S. Horn recently co-authored the article "Common Commercial Real Estate Disputes to be Aware of in 2023," published by Northeast Real Estate Business. The article focuses on various commerical real estate disputes, including breach of contracts, real estate fraud, shareholder disputes and partition actions.
Articles
01.03.2023
Kate Sherlock Published in Commerce Magazine Article "Tools for Combating Cybersquatting"
Kate A. Sherlock, partner in Archer's Voorhees office, was recently published in the January edition of Commerce Magazine. The article, "Tools for Combating Cybersquatting," addresses what method trademark owners can utilize to obtain relief from cybersquatting in a quick, cost-effective way.