News & Insights

Three Distinguished Legacies Continue

After decades of distinguished service on the bench, the Honorable Marie Lihotz (Ret.), the Honorable Raymond Batten (Ret.), and the Honorable Lee Solomon (Ret.) have brought their judicial insight, leadership, and commitment to fairness to Archer & Greiner’s Alternative Dispute Resolution (ADR) Group. Each offers a unique perspective shaped by years of experience in New Jersey’s court system, and SJ Magazine recently spoke to each of them regarding their careers and Archer’s ADR Group. ...read more

U.S. Supreme Court to Clarify Sovereign Immunity Across State Lines

In its upcoming term, the U.S. Supreme Court is set to address whether a state agency like New Jersey Transit can be sued in another state’s court for injuries that occurred outside its home state. The case arises from two separate lawsuits: one filed in Pennsylvania and another in New York, both involving accidents involving New Jersey Transit buses. While New York’s high court allowed the lawsuit to proceed, Pennsylvania’s court held that sovereign immunity barred such claims. ...read more

College Sports’ Multibillion-Dollar House Settlement Has Been Approved, But What Happens Now?

As college sports enter a transformative period with the official rollout of revenue sharing and stricter Name, Image, and Likeness (NIL) enforcement, Archer attorney Patrick Afriyie, a former NFL and Colgate football player spoke to the Pittsburgh Post-Gazette about the legal and institutional implications of this shift. The NIL clearinghouse, which opened June 11, sets off a 30-day window for athletes to log qualifying endorsement deals. By July 1, the revenue-sharing era begins, officially marking a new chapter in college athletics where the traditional amateur model is being replaced by a more professionalized system. “There’s just been a major change,” Patrick told the Post-Gazette. “I think when the NCAA lost the lawsuit that allowed players to start capitalizing on their [NIL], that was when they started to lose a lot of their control that they've had and relied upon for decades.” He notes that the NCAA’s power structure, once built on the principle of amateurism, has been fundamentally eroded, with schools now obligated to navigate a regulatory environment shaped by new compliance systems like the College Sports Commission (CSC) and NIL Go, the digital platform for deal oversight. ...read more

N.J. Lawmakers Mull Whether to Recriminalize Some Cannabis Sales, Purchases

Recently, New Jersey lawmakers deliberated a bill, sponsored by Senate President Nick Scutari, that would criminalize the sale and purchase of unlicensed marijuana. Senator Scutari explained that the bill addresses unlicensed brick-and-mortar stores as well as drug dealers. Under the bill, operating an unlicensed marijuana business would be a third-degree crime and knowingly purchasing from one of these sellers would result in a disorderly persons offense. Proponents of the bill see it as corrective measure to the black market that has continued to operate after the legalizations of recreational cannabis in New Jersey. ...read more

Recriminalizing MJ Possession and Underground Legacy Crackdown NJ Senate Hearing Held

The New Jersey Senate Judiciary Committee recently held a hearing on a bill aimed at recriminalizing the purchase, sale and possession of unlicensed marijuana. Heady NJ covered the hearing in the article “Recriminalizing MJ Possession and Underground Legacy Crackdown NJ Senate Hearing Held.” Committee members debated both sides of the proposed bill. NJ Senate President Nick Scutari emphasized the looming collapse of the cannabis market if the price disparity between the underground market and legal dispensaries continues. Senator Scutari exclaimed at the hearing, “It is time for us to put in writing that you cannot buy illegal products. You can’t sell it. You can’t do it without a license.” Opposingly, Senator Troy Singleton explained, “We’ve literally taken the free enterprise system out of the regulated market because we’ve limited the amount of competition to a large measure.” He emphasized that the collapse of the legal cannabis market may come from within due to the high pricing practices around the corporate aspect of the industry. ...read more

Buying Keyword Search in Competitor's Name Doesn't Breach Ethics Rules, 4-1 Ruling Says

The New Jersey Supreme Court has ruled that attorneys may purchase search engine keywords using the names of competing lawyers, so long as they include a clear disclaimer on any landing page. Common in digital marketing, the practice was found not inherently unethical under RPC 8.4(c), despite concerns raised by both the New Jersey State Bar Association and the Bergen County Bar Association. Archer partner Andrew Cevasco, who represented the Bergen County Bar Association, acknowledged the court’s attempt to balance innovation with transparency, stating: “I am gratified that the Supreme Court has reiterated that attorney advertising must be transparent and ethical and that the court now requires that an attorney who purchases the name of a competitor as a search term must include a disclaimer.” Still, Andrew expressed disappointment with the ruling’s limits, aligning with Justice Douglas Fasciale’s dissent, which characterized the practice as ethically questionable: “I respectfully wish that the court had adopted Justice Fasciale’s dissent... and holds attorneys to a higher standard of ethical conduct and professionalism.” While the majority found the keyword practice permissible with safeguards, Andrew and others remain concerned about the potential for misleading consumers, especially during sensitive moments when legal help is being sought. ...read more

Cannabis Legalization Debated at MJ Unpacked Convention

In the article “Cannabis Legalization Debated at MJ Unpacked Convention,” Heady NJ wrote about the cannabis legalization debate that took place at the recent MJ Unpacked conference in Atlantic City. Cannabis industry experts gathered to discuss the challenges and opportunities surrounding federal and state legalization. The conversation explored the regulatory landscape, political hurdles, and court rulings affecting the cannabis space. ...read more

Scutari Seeks to Re-criminalize Buying Small Amounts of Cannabis from Unlicensed Dealers

In the POLITICO article, “Scutari Seeks to Re-criminalize Buying Small Amounts of Cannabis from Unlicensed Dealers,” partner Bill Caruso, Chair of Archer’s Cannabis Group, commented on the New Jersey Senate President’s new proposal. On February 20, Nick Scutari proposed a bill to make knowingly buying cannabis from a business that’s not licensed by the Cannabis Regulatory Commission a disorderly person’s offense, equivalent of a misdemeanor. Additionally, the legislation states that selling any amount of cannabis illegally would be a third-degree crime, punishable by three to five years in prison. ...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

For Midsize Law Firms, Curbing Boys-Club Culture Starts with Diversity at the Top

In the LAW.COM PRO article, “For Midsize Law Firms, Curbing Boys-Club Culture Starts with Diversity at the Top,” partner Shelley R. Smith, Archer’s Chief Diversity, Equity and Inclusion Officer, gave insight on how midsize law firms can increase diversity efforts when dealing with smaller talent pools and less frequent leadership changes, which can affect diverse visibility at the top level. ...read more

NJ Cannabis Regulators Punt Social Equity Tax Decision with Commission Split

In an October meeting, the five-member Cannabis Regulatory Commission was divided on how to approach a proposed tax increase to the Social Equity Excise Fee (SEEF) on cannabis. The tax, paid by cannabis cultivators, goes towards communities impacted by the war on drugs. ...read more

Push to Raise State Fees on Legal Marijuana on Hold

The New Jersey Cannabis Regulatory Commission says that they need more time to deliberate on a proposed rate hike for the current Social Equity Excise Fee. The tax, which currently sits at $1.24 per ounce is levied on all legal marijuana grown and sold statewide. The new proposal would see the rate skyrocket to $30 per ounce. ...read more

Intoxicating Hemp Products Still on Sale in NJ Amid Lawsuit

A judge’s recent decision allowing stores to continue selling hemp products with THC is the topic of several news stories, which include comments from Bill Caruso, Chair of Archer’s Cannabis Group. A federal judge handed a partial victory to hemp businesses that sued to stop enforcement of the state’s new law restricting sales of intoxicating hemp products. The judge sided with hemp businesses that said the law would make it a crime for out-of-state businesses to transport hemp.  ...read more

Bill Would let People Bar Themselves from Entering Cannabis Shops

In the New Jersey Monitor article, "Bill Would let People Bar Themselves from Entering Cannabis Shops," partner Bill Caruso, Chair of Archer’s Cannabis Group, commented on a newly proposed bill in the Legislature that would allow people to volunteer to be on a list barring them from entering dispensaries or buying cannabis products . The measure is similar to a state program that launched in 2001 allowing people to self-exclude from entering casinos to address gambling addictions.  ...read more

'Fire All the Bullets Now': EEOC Enforcements Surge

In the New Jersey Law Journal article, "Fire All the Bullets Now: EEOC Enforcements Surge," partner Douglas Diaz provided comments regarding a surge of lawsuits filed nationwide during a one-week period by the Equal Employment Opportunity Commission (EEOC). In the article, reporter Charles Toutant noted the uptick and was interested in what the mix of cases says about the EEOC's priorities at the moment.  ...read more

95 Years of Success - One Client, One Community, at a Time

Archer was featured in the SJ Magazine "Iconic Business" profile, "95 Years of Success - One Client, One Community, at a Time."  ...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

Andrew T. Fede ’78 Considers History, Equality and Roads Not Taken

The September 17, 2024 issue of Montclair State University (MSU) Alumni News featured a profile on partner and MSU alum Andrew T. Fede. Deviating from his initial plan to teach social studies, Andy used his history degree as a path to law school – but he circled back, returning to Montclair as an adjunct instructor and authoring several books that merge his love of history with his knowledge of law. For more than 40 years, Andy has maintained a diverse practice focused on several areas, which include appellate litigation, business and governmental civil litigation, municipal law, zoning and planning, real estate tax appeal,  and labor and employment. Since 1986, Andy has been an adjunct professor at MSU, teaching a variety of law courses in the University’s Department of Political Science and Law. In addition, Andy has successfully merged his expertise in law, his desire to educate others, and his love of history through the publication of numerous articles and books exploring the intersection of law, slavery, and race-based inequality in the United States. His newest book is titled, A Degraded Caste of Society: Unequal Protection of the Law as a Badge of Slavery, released by the University of Georgia Press. ...read more