News & Insights

What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

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. ...read more

In the Face of Affirmative Action: Persisting With Law Firm Diversity Efforts

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. ...read more

Michael Horn & Dylan Newton Co-Author ROI-NJ Article, "Post-Pandemic Litigation: Trade Secrets, Vendor Contracts and Employment Policies May Top List"

"Post-Pandemic Litigation: Trade Secrets, Vendor Contracts and Employment Policies May Top List" By: Michael Horn & Dylan Newton, ROI-NJ (July 12, 2021) ...read more

Trump Administration’s Antisemitism Task Force Under Fire

The Trump administration’s Task Force to Combat Antisemitism (“the Task Force”) is under fire as a Department of Justice attorney and other federal employees filed a whistleblower claim with the House Judiciary Committee. The claim alleges that the Task Force pursued university antisemitism investigations with predetermined outcomes, with political appointees overruling career investigators and proceeding despite weak or nonexistent evidence. ...read more

When the Algorithm Is Wrong: AI Detection and Due Process on Campus

Higher education's response to student use of generative AI has moved from policy debate to courtroom battle, and the stakes are becoming clear. Institutions that rely on AI-detection tools to identify improper student use of AI risk exposing themselves to significant legal liability if those tools are treated as conclusive evidence. ...read more

What Doe v. Princeton Means for Title IX Investigations and Hearings

A precedential Third Circuit decision revives a disciplined student’s claims — and hands colleges a roadmap for what not to do. ...read more

No Notice, No Duty: The Third Circuit Clarifies When Employers Must Accommodate a Disability

“The disability-discrimination and medical-leave laws are shields against discrimination, not get-out-of-discipline-free cards.” That is how the Third Circuit opened its recent decision in Hileman v. West Penn Allegheny Health System, Inc. (3d Cir. July 20, 2026), affirming dismissal of an employee’s case against her former employer. The point drives the ruling: before an employer must accommodate an employee, the employee generally must disclose the disability and clearly ask for help. An employee who stays silent until they are facing discipline cannot recast that discipline as discrimination. This decision is a useful roadmap for employers as to when the duty to accommodate a disability is triggered. ...read more

Reminder: Significant Changes to New Jersey’s Family Leave Act Take Effect on July 17, 2026

All New Jersey employees face a significant change to employee rights under the New Jersey Family Leave Act (“NJFLA”), beginning on Friday, July 17, 2026. Although much of the fanfare of these changes is related to the process of applying this to more small businesses, other changes involving which employees are eligible for NJFLA leave will affect all employers. These changes – which are not merely rules or regulations but an amendment to the law itself – take effect on July 17th, and businesses should be prepared to feel the impact immediately. ...read more

New Jersey Adopts Revised Worker Classification Regulations Effective October 1, 2026

On May 5, 2026, the New Jersey Department of Labor and Workforce Development (“NJDOL”) adopted revised regulations interpreting the state’s “ABC Test” for determining whether workers are employees or independent contractors. The regulations will take effect on October 1, 2026. ...read more

New Jersey's New 'ABC Test' Rules Leave Room for Further Clarification, Litigators Say

Scott Sears was recently quoted in a Law.com article discussing New Jersey’s newly adopted regulations governing employee versus independent contractor classification under the state’s “ABC Test.” ...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

Archer & Greiner Names Six New Partners

Archer & Greiner is pleased to announce the elevation of six attorneys to partner, effective October 1. The newly named partners are Eimi Figlio, Timothy Horn, Rafael Llano, Matthew Nicodemo, Amy Pearl, and Scott Sears. ...read more

Peter Frattarelli to be Interviewed on New Jersey 101.5 Town Hall Broadcast

Peter Frattarelli, Chair of Archer’s Labor and Employment Group will be interviewed on New Jersey 101.5 Town Hall broadcast, hosted by Eric Scott, scheduled for Thursday, November 11th at 7:00pm. This program will  focus on vaccine mandates and the legal obligations, rights and options available for both employer and employee. ...read more

Peter Frattarelli Interviewed on New York’s TALK1300AM & 98.7FM Talk Radio Segment “The Paul Vandenburgh Show”

Peter Frattarelli, Chair of Archer’s Labor and Employment Group was interviewed for the second time on New York’s talk radio, The Paul Vandenburgh Show, on the recent revelation of one of New York Governor Andrew Cuomo's alleged sexual assault victims coming forward. ...read more

2026 HR Boot Camp

Archer Labor & Employment attorneys will present the 2026 Chamber of Commerce of Southern New Jersey’s Annual “HR Boot Camp.” ...read more

Annual Labor & Employment Seminar

Join Archer’s Labor & Employment Group for our Annual Labor & Employment Seminar. Stay up to date on the major state and federal laws impacting labor and employment practices. ...read more

Labor and Employment in New Jersey and Italy

Peter Frattarelli, partner and chair of Archer’s Labor and Employment Group, will moderate “Labor and Employment in New Jersey and Italy” at the NJSBA 2025 Mid-Year Meeting. The panel will feature attorneys from both regions discussing similarities and differences in labor and employment law, alongside judges, scholars, and thought leaders offering insight into the latest developments in the law with an Italian twist.    ...read more