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June 15, 2011


Strong Credit System Means A Strong Economy

The health, stability, and strength of a nation’s economy is directly linked to its banking system. The health, stability, and strength of a nation’s banking system is directly related to the fairness and accuracy of its credit reporting system. Congress realized how inaccurate credit reports could damage the banking system and consumers, and therefore passed the Fair Credit Reporting Act.


New Jersey Supreme Court Rules on Effect of Breath Test Refusal

New Jersey’s Supreme Court recently ruled unanimously that a past conviction for refusal to submit to a breath test does not count as a prior offense for DWI sentencing. This means that a person will still be sentenced as a first time offender even though she may have previously been convicted of refusing to submit to a breath test.

Recent Commercial Cases

Some of the firm’s recent commercial litigation results include:

  • Maurice McLaughlin and Boris Peyzner represented a commercial tenant in the Superior Court of New Jersey, Hudson County, on claims that its landlord breached their lease and failed to correct construction defects.  The case settled at trial with their client, the tenant, receiving $100,000 in cash, $216,000.00 in rent concessions, the landlord assuming $10,000 in additional construction responsibilities, and a new roof valued at approximately $250,000. 
  • Maurice McLaughlin represented a solid waste and animal feed hauler in an arbitration in the American Arbitration Association in a case alleging breach of contract against H&H Bagels.  He won an award in favor of his client totaling $227,220.50.
  • Maurice McLaughlin and Boris Peyzner won an award of $56,882.56 in favor of their client, a general contractor, in a construction arbitration in the American Arbitration Association. 


Man pleads guilty to stealing website

In what is believed to be a first in the nation, a Union Township man pleaded guilty to stealing the website of Mark "Mad Dog" Madsen, who during his 9 year NBA career played for the Los Angeles Lakers and Minnesota Timberwolves.

New Jersey Lawyer: The Weekly Newspaper

New Jersey Pro Bono: A Justice Gap and a Bar's Response

Almost ten percent of New Jersey residents live below the poverty line. Nearly half of them face at least one civil legal problem each year. The vast majority face these problems without representation, creating a justice gap between those who can afford counsel and those who cannot.

New Jersey Law Journal

When Is a Volunteer Not a Volunteer?
An individual may not be a volunteer and a paid employee at the same job for the same public agency

Many volunteers are also employed as public servants in the communities they serve. When these employees work more than 40 hours per week, the problem arises: Are they working or are they volunteering.

New Jersey Lawyer: The Weekly Newspaper

Harassment Policies: A Safe Haven?

The U.S. Supreme Court held in 1998 that an employer may be vicariously liable under Title VII of the Civil Rights Acts of 1964 to an employee for a hostile work environment created by its supervisor, even though the harassment does not culminate in a tangible adverse employment action, such as termination.

Rutgers Law Record

Application of the Continuing Violation Doctrine Under Title VII and New Jersey's Law Against Discrimination

Sexual Harassment: The Problem

Gender-based discrimination in the terms and conditions of a person's employment is prohibited by Title VII of the Civil Rights Act of 1964, as well as the law of most states, including New Jersey. “Sexual harassment” falls within the scope of this prohibited conduct.

New Jersey Law Journal

Holding Supervisors Liable Under The Law Against Discrimination

New Jersey’s Law Against Discrimination prohibits employment discrimination based on an employee’s inherent characteristics such as gender, race, age and sexual orientation.  N.J.S.A. 10:5-12.  The LAD prohibits such discrimination by employers, labor organizations and employment agencies.

New Jersey Law Journal

Liquidated Damages in Employment Contracts

We live in a nation of employees.  In New Jersey, as in the majority of states, most employment relationships are "at will."  At will employees may be terminated for a good reason, a bad reason, or no reason at all, provided that they are not terminated for a discriminatory reason, such as race or gender.  Witkowski v. Thomas J. Lipton, Inc., 136 N.J. 385, 397-398 (1994). 

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