Business & Commercial Law
New Jersey Law Blog
Supreme Court Holds States Cannot Be Sued for Monetary Damages in Copyright Infringement Cases
Posted in Business & Commercial Law
In a unanimous decision, the Supreme Court recently held that States cannot be held liable for monetary damages in copyright infringement lawsuits despite the Copyright Remedy Clarification Act of 1990 (CRCA). This act provides that a State “shall not be immune, under the Eleventh Amendment [or] any other doctrine of… Continue reading
COVID-19 Brings New Procedural Hurdles to Evict Commercial Tenants in New Jersey
Posted in Business & Commercial Law
On July 14, 2020, the Supreme Court of New Jersey issued an order authorizing several steps to support the resumption of landlord/tenant cases during the COVID-19 crisis. The good news is that the procedures allow for resumption of adjudication. The bad news is that there still could be a delay/lag… Continue reading
Now is a Good Time to Make Your Estate Plan
Posted in Business & Commercial Law
Living in the time of COVID-19 has heightened everyone’s anxiety. With all of the uncertainties in life, implementing estate planning documents that provide for you and your family can afford some level of relief. Estate planning documents allow you to designate agents to assist with your affairs, while providing structure… Continue reading
Ascena Files for Chapter 11 Bankruptcy in Virginia
Posted in Business & Commercial Law
Ascena Retail Group, Inc., the parent of the Ann Taylor, Lane Bryant, Lou & Grey and LOFT retail chains, filed for Chapter 11 bankruptcy on Thursday, July 23, 2020 in the Eastern District of Virginia, docket # 20-33113. According to MarketWatch, the New Jersey-based company expects to reduce debt to… Continue reading
Jerry Seinfeld’s Ex-Partner Time Barred in Copyright Dispute Over “Comedians in Cars Getting Coffee”
Posted in Business & Commercial Law
“The Second Circuit Court of Appeals affirmed a dismissal of untimely copyright infringement claims that an ex-partner brought against Jerry Seinfeld over the hit series “Comedians in Cars Getting Coffee”. Charles v. Seinfeld, 803 F. App’x 550 (2d Cir. 2020). Plaintiff Christian Charles brought suit claiming ownership over the pilot… Continue reading
Drake Wins Big With Fair Use
Posted in Business & Commercial Law
Drake scored a big win as the Second Circuit affirmed his use of another work in one of his songs as “fair use.” Estate of Smith v. Graham, 799 F. App’x 36 (2d Cir. 2020). The original lawsuit alleged Drake violated a copyright by sampling a 1982 word recording, “Jimmy… Continue reading
Booking Is Generic But Booking.Com Is A Registerable Trademark
Posted in Business & Commercial Law
On June 30, 2020, Justice Ginsburg, writing for the Supreme Court, concluded that the addition of “.com” to a generic mark can be sufficient to elevate the mark beyond genericism and trigger federal trademark protection. Previously, Booking.com was denied federal trademark recognition on the basis that it was a generic… Continue reading
The Pandemic Has Hit the Family Courts – What Should I Do Now?
Posted in Business & Commercial Law
In recent weeks, the Administrative Office of the Courts has released its statistics, and the news is not surprising. The courts in New Jersey are facing an unprecedented backlogs, and the Family Court has been hit particularly hard. For those facing divorce, custody issues, post judgment issues, or any family… Continue reading
Outsourced Compliance Services
Posted in Business & Commercial Law
As you may already be aware, Stark & Stark has assisted countless investment advisers with regulatory, legal, and compliance matters over the past thirty plus years. We have assisted our clients with registration issues, preparing policies and procedures, interpreting and advising on new rules and regulations, avoiding and defending litigation,… Continue reading
Cybersecurity Amid the Current Pandemic
Posted in Business & Commercial Law
Since it first announced its “Cybersecurity Initiative” in April 2014, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has been relentlessly setting its sights on RIA’s information security programs. In fact, as recently as its 2020 Examination Priorities, OCIE noted it will “continue to prioritize information security in each… Continue reading
