Writings by Robert E. Levy

Partner and Chair of the firm's Litigation Group, Robert Levy is a Certified Civil and Criminal Trial Attorney by the Supreme Court of New Jersey. His practice includes jury and non-jury trial preparation and trials with emphasis upon complex civil and criminal matters including Labor and Employment Defense, Commercial and Corporate Litigation, Criminal Litigation and Civil Rights Litigation.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Moving On from a Material Contract Breach

A contract breach occurs when one of the parties fails to fulfill its obligations under the agreement. However, not all contract breaches are created equal. A “material” breach is so significant that it reaches the core of the agreement and negatively impacts its entire outcome. In contrast, a “non-material” breach often involves less important details. […]

Author: Robert E. Levy

March 28, 2016

Monmouth County's Enforcement of NJ Consumer Fraud Act

Monmouth County Enforcement of NJ Consumer Fraud Act The Monmouth County Division of Consumer Affairs recently announced that it recovered more than $1.8 million on behalf of consumers in 2015. The announcement highlights that violating the New Jersey Consumer Fraud Act can be costly for Monmouth County businesses. Provisions of the Consumer Fraud Act The […]

Author: Robert E. Levy

February 26, 2016

New Federal E-Discovery Rules Now in Effect

New Federal E-Discovery Rules Now in Effect Several important amendments to the Federal Rules of Procedure (FRCP) took effect on December 1, 2015. The rule changes are likely to impact business litigation, particularly the use of e-discovery, in the coming year. Limiting the Scope of Discovery One of the most significant FRCP amendments impacts Rule […]

Author: Robert E. Levy

December 28, 2015

Department of Justice Takes Tougher Stance On Corporate Misconduct

After facing years of criticism for failing to individually prosecute the executives responsible for the corporate misdeeds that sparked the financial crisis, the Department of Justice recently adopted a tougher stance. In a recently published memo, Deputy Attorney General Sally Quillian Yates made it clear that identifying and prosecuting individual culpability is a top priority […]

Author: Robert E. Levy

November 23, 2015

NJ Appeals Court: Continued Employment Created Arbitration Consent

A New Jersey appeals court recently held that three former employees of Ernst & Young assented to arbitration by continuing their employment after the company amended its employee policy governing alternative dispute resolution (ADR). A New Jersey appeals court recently held that three former employees of Ernst & Young assented to arbitration by continuing their […]

Author: Robert E. Levy

August 6, 2015

Latest FCC Ruling Will Likely Fuel TCPA Class-Action Lawsuits

On July 10, 2015, the Federal Communications Commission (FCC) released its much-anticipated Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling. The FCC’s broad interpretation of the TCPA is likely to further fuel the growing trend of class-action litigation against unsuspecting businesses. The TCPA prohibits the use of “any telephone facsimile machine, computer, or other device to […]

Author: Robert E. Levy

July 20, 2015

Consumer Review Freedom Act of 2015 Protects the Right to Post Negative Reviews

A new bill, the Consumer Review Freedom Act of 2015, is currently pending in Congress which would prohibit the use of “non-disparagement” clauses in consumer contracts. The legislation is intended to prohibit companies from penalizing customers who write negative online reviews. As we have previously discussed on the Scarinci Hollenbeck Business Law News Blog, attempts […]

Author: Robert E. Levy

June 26, 2015

Could Your Online Job Application Lead to an FCRA Violation?

In the digital age, it makes sense to post job openings and allow prospective employees to complete a online job application. After all, most job searches are conducted on the Internet. However, many companies are learning that online job applications can lead to unforeseen liability, particularly when it comes to employee background checks. Dollar General […]

Author: Robert E. Levy

March 30, 2015

Affidavit of Merit in Negligence Suit Must Be From Like-Licensed Professional

The Appellate Division recently held that New Jersey’s Affidavit of Merit (AOM) statute requires a supporting AOM from a “like-licensed” professional in all malpractice or negligence cases within the scope of the statute. Moreover, the requirement applies even where the relevant professional licensure laws overlap to some degree, as was the case in Hill International, […]

Author: Robert E. Levy

January 26, 2015

Complex Business Litigation Program Will Be Launched In New Jersey

What does the launch of this complex business litigation program mean for New Jersey? The New Jersey Judiciary recently announced the planned launch of the Complex Business Litigation Program. The new program, which takes effect January 1, 2015, aims to streamline the resolution of complex business, commercial and construction cases involving at least $200,000 in […]

Author: Robert E. Levy

January 9, 2015

Could New Discovery Rules Help Reduce Business Litigation Costs?

Discovery is one of the most expensive and burdensome phases of any business litigation. To help reign in the process, the Judicial Conference of the United States recently approved amendments to the Federal Rules of Civil Procedure. The proposed changes limit the scope of discovery and clarify the sanctions for failing to preserve electronic documents. […]

Author: Robert E. Levy

November 25, 2014

New Jersey Businesses May Face Texting Ban Under New Legislation

A bill currently awaiting Gov. Chris Christie’s signature would dramatically limit the ability of New Jersey businesses to advertise via text messages. Both the state Assembly and Senate unanimously approved the proposed legislation for a new texting ban. A bill currently awaiting Gov. Chris Christie’s signature would dramatically limit the ability of New Jersey businesses […]

Author: Robert E. Levy

October 31, 2014

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