Writings by Joel N. Kreizman

Joel N. Kreizman concentrates his practice in Commercial Litigation. He is a former Deputy Attorney General assigned to the Antitrust Bureau of the Division of Criminal Justice and also a former chairman of the Antitrust Law Committee of the New Jersey Bar Association.

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NJ Court Upholds Electronic Employee Arbitration Agreement

Recent Appellate Decision Highlights That New Jersey Employers May Use An Electronic Employee Arbitration Agreement The Appellate Division recently upheld an electronic employee arbitration agreement, the full text of which was incorporated by a hyperlink. The decision highlights that New Jersey employers may use an electronic employee arbitration agreement that contains hyperlinks to the full […]

Author: Joel N. Kreizman

January 5, 2018

Understanding the Key Differences Between Arbitration and Mediation

A Recent New Jersey Appeals Court Decision Highlights The Important Differences Between Arbitration and Mediation A New Jersey appeals court recently rejected a litigant’s attempt to overturn a binding arbitration award based on the fact that the homeowners’ association mistakenly believed it was engaged in mediation. The decision highlights the important differences between mediation and […]

Author: Joel N. Kreizman

December 18, 2017

Will Final CFPB Arbitration Rule Stick?

Final CFPB Arbitration Rule could increase risk of litigation for a variety of financial services companies The Consumer Financial Protection Board (CFPB) recently published its much-anticipated final mandatory arbitration rule. It prohibits certain consumer financial products and services companies from using consumer arbitration agreements to bar the consumer from filing or participating in a class […]

Author: Joel N. Kreizman

July 21, 2017

Did You Know That Failing to Pay Arbitration Fees Could Impact Your Legal Rights?

You Snooze, You Lose! Failing to Pay Arbitration Fees May Impact Your Legal Rights New Jersey businesses better pay their arbitration bills. In a precedential decision, the Supreme Court of New Jersey held that the failure to pay arbitration fees constitutes a material breach of contract and precludes the enforcement of an agreement to arbitrate. […]

Author: Joel N. Kreizman

March 29, 2017

Is International Arbitration the Best Method for Resolving Cross-Border Disputes?

International Arbitration Process Made Easier for New Jersey Businesses Breached contracts and failed investments know no borders. As global business continues to grow, arbitration is becoming an important method of dispute resolution.In New Jersey, Gov. Chris Christie recently signed the New Jersey International Arbitration, Mediation, and Conciliation Act into law. The new law aims to […]

Author: Joel N. Kreizman

March 24, 2017

Should your contracts specify a standby arbitrator?

Why You Should Consider Naming a Back-up Arbitrator In Your Business Contracts Business and consumer agreements frequently contain provisions that require contract disputes to be resolved via arbitration. But what happens if the arbitrator named in the contract is no longer available — should you designate a back-up arbitrator? The issue of arbitrator unavailability has […]

Author: Joel N. Kreizman

November 2, 2016

Scarinci Hollenbeck

Are Online Terms of Service Agreements Legally Binding?

Is Checking a Terms of Service Box Legally Binding? When you download a mobile application or update the software for your laptop, you are generally presented with a Terms of Service agreement or similar contract. Few pause to read the entire contract before clicking a small box that says “I accept.” In the age of […]

Author: Joel N. Kreizman

June 13, 2016

Is Your Choice-of-Law Provision “Truly Obnoxious?”

How is your Choice-of-Law Provision? New York businesses may want to review the choice-of-law provisions in their non-competition and non-solicitation agreements. In a recent decision, the New York Court of Appeals refused to enforce the choice-of-law provision in an employment agreement purporting to apply Florida law after finding that “applying Florida law on restrictive covenants related […]

Author: Joel N. Kreizman

January 13, 2016

How Will Faush v. Tuesday Morning Impact New Jersey Employers?

In a case that will impact the hiring practices of New Jersey employers, the Third Circuit Court of Appeals recently held that temporary workers can bring discrimination lawsuits against the companies that retain their services. The decision in Faush v. Tuesday Morning will not impact all temp workers, but could result in liability in cases […]

Author: Joel N. Kreizman

December 1, 2015

The Supreme Court's Labor and Employment Docket

Every term, the U.S. Supreme Court considers several cases with the potential to have significant ramifications for employers and employees. The Court’s new term dealing in labor and employment, which began earlier this month, is no exception. Labor and employment cases Below is a brief preview of the labor and employment cases currently on the […]

Author: Joel N. Kreizman

October 20, 2015

E-Filing and Trade Secrets: A Dangerous Combination?

The key to maintaining a trade secret is keeping the information confidential. So what happens when documents containing trade secrets are inadvertently uploaded to a court’s e-filing system? A New York business recently learned the hard way, nearly losing its valuable trade secret protection. HMS Holdings Corp. E-Filing Trouble As detailed in court documents, Plaintiff […]

Author: Joel N. Kreizman

October 5, 2015

Supreme Court Decisions Are a Mixed Bag for Business Cases

Now that the U.S. Supreme Court has concluded its term, the experts are weighing in regarding how business interests fared before the Roberts Court. While the Court’s current composition has previously been characterized as “business friendly,” the general consensus based off of Supreme Court decisions is that corporate America lost as many high-profile cases as […]

Author: Joel N. Kreizman

August 3, 2015

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