Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

Gibbons New York-Based Director and E-Discovery Task Force Co-Chair Mark S. Sidoti to Co-Present on ADA Website Accessibility Compliance

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Posted in E-Discovery

On May 4, 2022

With the Department of Justice not yet issuing regulatory action on website accessibility pertaining to the Americans with Disabilities Act (ADA), e-commerce and other businesses need to interpret and apply conflicting guidance to be prepared to deal with the seemingly inevitable demand letter or lawsuit. On May 24, Gibbons Director and E-Discovery Task Force Co-Chair Mark S. Sidoti will co-present the live, interactive Strafford webinar, “ADA Compliance and Website Accessibility: Circuit Split, Online Accessibility ACT, W3C Guidance.” This CLE program will provide corporate counsel with the necessary tools to mitigate liability for websites or mobile apps that do not comply with the ADA. Mr. Sidoti and his fellow panelists will discuss the conflicting legal authority in various jurisdictions, how this authority affects this type of litigation, and current trends in this area of the law. Additionally, they will address best practices for mitigating risks of an ADA website claim as well as navigating liability and damages when a claim has been filed. Mr. Sidoti, also Director of Commercial & Criminal Litigation at Gibbons based in the firm’s New York office, has extensive experience counseling clients regarding website access and compliance requirements under the ADA and other disability laws, and has represented numerous companies in website litigation. He has written and presented frequently on this topic....

NAIOP-NJ’s Public Policy Symposium

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Posted in Development/Redevelopment / Land Use / Real Estate

On March 18, 2022

Gibbons P.C. is proud to serve as Event Sponsor for NAIOP-NJ’s Public Policy Symposium, on March 23, 2022 at the Carpenters Apprentice Training Center in Edison, NJ. We hope that you can join us and the greater NAIOP-NJ membership as we hear from the new Senate and Assembly leadership teams, along with the Mayors of Newark and Paterson, and the development community as they discuss how to keep New Jersey prosperous and growing. To register: NAIOP New Jersey – Public Policy Symposium (1 Credit) (wildapricot.org).

Gibbons P.C. Presents “Keys to Negotiating Better Software and Software-as-a-Service Agreements”

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Posted in E-Discovery / General Litigation / Intellectual Property / Privacy and Data Security

On March 14, 2022

From May 17-19, Peter J. Frazza, a Director in the Gibbons Commercial & Criminal Litigation Group, will lead a seminar in Las Vegas analyzing the negotiation of software licenses and software-as-a-service agreements, including data protection and privacy issues companies face that are specific to software transactions, artificial intelligence, and the Internet of Things (IoT). Mr. Frazza has over 30 years of experience handling complex lawsuits and contract negotiations on behalf of licensees and users in software licensing and software-as-a-service matters. For additional seminar details or to register, visit https://conta.cc/3CFGxws.

Gibbons Is NJ’s Top Lawyer-Lobbying Firm for 14th Straight Year

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Posted in Firm News

On March 10, 2022

For the fourteenth year in a row, Gibbons P.C. has been ranked the #1 lawyer-lobbying firm in New Jersey, according to the New Jersey Election Law Enforcement Commission (NJ ELEC), which today released its report on 2021 lobbying expenditures in the state. The firm, whose Government & Regulatory Affairs Group celebrates its 20th anniversary this year, also ranked sixth in the state among all lobbying practices. In 2021, the Gibbons Government & Regulatory Affairs Group increased its revenues over the prior year, even while overall lobbying expenditures in the state fell by over 12 percent. “Our lawyer-lobbyists are equally focused on helping clients achieve their business goals and maintaining excellent working relationships in the executive and legislative branches in both Trenton and Washington, regardless of which party is in power,” said Patrick C. Dunican Jr., Executive Chairperson of Gibbons. Peter J. Torcicollo, the firm’s Managing Director, added, “Our presence, influence, and longstanding relationships allow us to provide creative, strategic solutions to a wide-ranging client base that has, for 20 years, turned to Gibbons as New Jersey’s ‘go to’ lawyer-lobbying firm for tackling the legislative and regulatory issues that impact bottom lines.” Gibbons opened its Trenton office and launched its Government & Regulatory Affairs Group in 2002 to offer public, private, and nonprofit sector clients the...

Governor Murphy Signs Executive Order to Prevent State Resources from Supporting the Russian Government

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Posted in State Government

On March 3, 2022

Governor Murphy signed Executive Order 291 (“EO 291”) on March 2, 2022, which requires all state agencies to review their authority to suspend or revoke licenses, permits, registrations, and certifications of businesses that invest directly in companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, and businesses that invest directly in such companies. EO 291 also directs all relevant State agencies to undertake a review of the State’s ability to boycott or halt the import or purchase of products or services provided from Russia or Belarus. EO 291 is broad-reaching in its scope and includes: Boycotting or halting the import or purchase of any products or services provided from the Russian Federation or Belarus, including, but not limited to, food products, energy products, clothing products, jewelry, and liquor or other alcoholic beverages made in the Russian Federation or Belarus. Reviewing all relevant State contracts to determine if any are with companies owned or controlled by the governments of Russia, Belarus, or their instrumentalities, or businesses that invest directly in such companies, directly or as subcontractors. Requiring the New Jersey Department of Banking and Insurance to issue bulletins or directives to regulated entities requiring them to fully comply with United States sanctions on the Russian Federation and Belarus, as well as with...

David J. Freeman Co-Authors Article for Bloomberg News on the Future of New York’s Brownfield Cleanup Program

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Posted in Development/Redevelopment

On February 11, 2022

David J. Freeman, a Director in the Gibbons P.C. Environmental Group, has co-authored an article with Lawrence P. Schnapf for Bloomberg Law on New York’s Brownfield Cleanup Program (BCP). The two authors, who co-chair the New York State Bar Association’s Brownfields Task Force, are well positioned to offer insights on the future of the program. The tax credit provisions of the BCP, a key feature of the highly successful program, are scheduled to expire at the end of this year. New York Governor Kathy Hochul has supported efforts to expand and reauthorize the tax credit provisions. The article describes the current tax credit provisions and the key features of Governor Hochul’s proposal, which would result in a ten-year extension of the BCP tax credits. The article also describes changes to the BCP program recommended by other interested stakeholders and in bills introduced by the legislature in last year’s session. The article notes that, while a positive step, the Governor’s proposed reforms “fall short of the changes recommended by the New York State Bar Association, community groups, and developers, and in bills introduced in last year’s legislative session.” Noting that developments in the next two months may impact the shape of BCP for the next ten years, the authors recommend that interested stakeholders make their voices...

Gibbons Congratulates 2022 Class of Directors

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Posted in Firm News

On January 5, 2022

Gibbons P.C. is pleased to announce that three attorneys from the firm’s Commercial & Criminal Litigation Group have been named Directors, effective January 1, 2022. All are resident in the firm’s Newark office. “We are incredibly proud of this year’s class of new Directors,” said Patrick C. Dunican Jr., Chairman and Managing Director of Gibbons. “These outstanding, up-and-coming attorneys have proven to be exceptional assets to the firm and its clients, and we are confident that their contributions will be even greater as they take on the increased responsibilities of their new roles.” “Having been their practice group Chair for the past several years, I am well aware that Annie, Charlotte, and Josh possess all of the qualities that define a Gibbons Director,” noted Peter J. Torcicollo, Co-Chair of the firm’s Commercial & Criminal Litigation Group and incoming Managing Director. “With their well-deserved promotions and new, higher profiles, they will be excellent representatives of the firm as they continue to develop in their careers.” The attorneys promoted to Director are: Anne M. Collart Ms. Collart is an experienced and trusted counselor who has represented individual and corporate clients in a variety of criminal and civil matters. Her white collar criminal defense practice includes trial and appellate matters, and she has argued cases in both federal...

Gibbons Announces New Leaders for Commercial & Criminal Litigation Group

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Posted in Firm News / Uncategorized

On December 14, 2021

Gibbons P.C. is pleased to announce that longtime firm Directors Frederick W. Alworth, Jennifer A. Hradil, and Thomas R. Valen have been named to new leadership positions in the Commercial & Criminal Litigation Group, the firm’s largest and most wide-ranging practice area. Effective February 1, 2022, Mr. Alworth will serve as Chair of the practice, with Ms. Hradil and Mr. Valen as Vice Chairs. In their new positions, these attorneys will oversee the work of the attorneys in their respective practice groups and manage group activities and workload. Their oversight responsibilities include fees and billings, matter management, case staffing, associate training and broader professional development, client relations, and business development. All have served, or are serving, in various other management capacities at the firm.

Jennifer Phillips Smith Named Co-Chair of Gibbons Real Property Group

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Posted in Development/Redevelopment

On December 9, 2021

Gibbons P.C. is pleased to announce that Jennifer Phillips Smith has been named Co-Chair of the firm’s Real Property Group, effective February 1, 2022. She joins Co-Chair Douglas J. Janacek, who has been a leader of the Real Property Group for over a dozen years. Ms. Smith is lead land use attorney on several of New Jersey’s largest, most high-profile development and redevelopment projects, which garner extensive media coverage. Examples include a $2.5 billion redevelopment, which is being called the “largest mixed-use development site in New Jersey’s history,” the transformation of the Asbury Park Waterfront, and the repositioning of a former manufacturing and office site, named “Mixed-Use Deal of the Year” by the leading statewide commercial real estate development association. As Co-Chair of the Real Property Group, she will work with Mr. Janacek in overseeing the work of group attorneys and managing group activities and workload, including fees and billings, matter management, case staffing, associate training and broader professional development, client relations, and business development. In her legal practice, Ms. Smith helps businesses in New Jersey expand and optimize the reach of their markets and operations through the development and redevelopment of real property for their facilities, directing project and case strategies, guiding teams, and serving as primary Gibbons contact broadly responsible for these client...

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