Author: Gibbons P.C.

Gibbons Hosts “Keys to Negotiating Better Software & Software-as-a-Service Agreements” Seminar – October 16-18, 2019

From October 16-18, Peter J. Frazza, a Director in the Gibbons Commercial & Criminal Litigation Department, 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

Gibbons Handles All Development Aspects of Major Turnpike Corridor Industrial Project

Real Estate New Jersey recently reported on Prologis, the publicly-traded global leader in logistics real estate, regarding its development of nearly 1 million square feet of industrial space in Burlington Township, New Jersey. Gibbons represented DCT Industrial Trust, which was subsequently acquired by Prologis, in all development aspects of the project, including entitlements and redevelopment agreements, such as tax abatements, as well as litigation challenging the development approvals granted to DCT – which was successfully concluded with the court dismissing the challenge. The regional significance of this project is notable, thanks to its location proximate to a recently widened stretch of the New Jersey Turnpike where it meets the Pennsylvania Turnpike, which has made the area all the more attractive to industrial users. Douglas J. Janacek, Chair of the Gibbons Real Property Department, and Department Directors Russell B. Bershad and Jennifer Phillips Smith were primarily responsible for the legal services provided in connection with this project. Real Estate New Jersey’s story on the project can be found here.

FDA Will Now Provide More Data on 180-Day Exclusivity in the Orange Book

In a recent alert, the FDA announced that effective June 18, 2019, the Agency will publish additional data in the Orange Book Paragraph IV Certifications list. To enhance the already published data, the Orange Book will now include (1) the number of potential first applicants; (2) the 180-day decision date; (3) the date of the “first applicant” approval; (4) the date of first commercial marketing by any first applicant; and (5) the expiration date of the last qualifying patent. According to the FDA, the updated data listing comports with the Agency’s commitment under the Drug Competition Action Plan where the FDA “committed to enhancing efficiency of the development and approval of ANDAs, with the ultimate goal of more approvals.” Historically, the Orange Book Paragraph IV Certifications list has contained relevant information related to 180-day eligibility for generic drug products. Until recently, the listings included the name of the drug product, dosage form, dosage strength(s), the reference listed drug, the New Drug Application Number and the date upon which the first substantially complete application containing a Paragraph IV certification was submitted to the Agency. The new data will provide greater clarity to Hatch-Waxman litigants in a variety of ways. More specifically, with respect to the number of first applicants, the data will provide the number of...

Gibbons Advises Leading Car Rental Companies on $500 Million Project at Newark Airport — Industry’s First P3-Structured Consolidated Rent-A-Car Facility

Gibbons P.C. served as lead counsel to Avis Budget Group, The Hertz Corporation, Enterprise Holdings Inc., and Advantage Inc., operators of national rental car brands Budget, Alamo, Thrifty, Payless, Zipcar, and National, among others, in connection with the industry’s first public-private partnership (P3) financing structure for the development of a $500 million Consolidated Rent-A-Car facility as part of the redevelopment of Terminal A at Newark Liberty International Airport. Gibbons led the corporate and real estate negotiations on behalf of the national car companies in connection with their long-term concessionaire agreement and real estate leases. Such agreements provide the credit support for the $500 million P3 financial arrangements. Click here to view the full press release issued by Conrac Solutions.

Gibbons Real Property Department Attorneys Represent Pharmaceutical Company in Cambridge Lease

Gibbons attorneys Russell B. Bershad and Nicole E. Taplin, Directors in the Real Property Department, are representing Bayer Healthcare LLC in a long-term, large scale lease for laboratory and office space in a new building under construction by MIT in Kendall Square, in Cambridge, Massachusetts. The Boston Globe featured a story on the lease, which can be found here.

Governor Murphy Signs Stormwater Utilities Bill Into Law

On March 18, 2019, New Jersey Governor Phil Murphy signed legislation authorizing municipalities (and other public entities) to establish utilities for the creation and management of stormwater infrastructure. The legislation, S1073, also known as the Clean Stormwater and Flood Reduction Act (the “Act”), provides that a governing body of a county or municipality may create a stormwater utility “for the purposes of acquiring, constructing, improving, maintaining, and operating stormwater management systems.” The Act also allows municipalities and counties that have established sewerage authorities to request that the authority create a stormwater utility, so that the functions of the utility would be managed by the existing authority rather than the municipality(ies) or county directly. Perhaps most importantly, the Act authorizes stormwater utilities to “charge and collect reasonable fees and other charges” to recoup the costs incurred by the utility in performing stormwater management in the subject locality. Under the Act, charges may be assessed against the owner or occupant, or both, of any real property from which stormwater enters a stormwater management system. The Act also includes provisions allowing municipalities, etc. that establish stormwater utilities to issue bonds to fund stormwater management systems, and imposes reporting requirements on utilities and rulemaking obligations on the New Jersey Department of Environmental Protection. The passage and signing of the...

Murphy Announces George Helmy as Chief of Staff

Governor Murphy announced this morning that George Helmy, current State Director for Senator Cory Booker, will become his new Chief of Staff effective February 4, 2019. Mr. Helmy takes over for Pete Cammarano, who served as Chief of Staff during Governor Murphy’s first year in office. The Gibbons Government & Regulatory Affairs Department congratulates Mr. Helmy and looks forward to continuing to work with him in his new position. George brings both public and private sector experience to the Governor’s Office and has been a great advocate for New Jersey while working on Senator Booker’s staff. You can read the Governor’s full announcement here.

Gibbons to Exhibit at ICSC New York Deal Making Conference on Wednesday and Thursday

The Gibbons Real Property Department will once again exhibit at the International Council of Shopping Centers (ICSC) New York Deal Making Conference at the Jacob K. Javits Convention Center on December 5-6. Stop by our booth, #2411, and meet with some of the Department’s attorneys who will be attending (Click here to view the Deal Making floor plan). Show hours are Wednesday, December 5, from 8:00 am to 5:00 pm, and Thursday, December 6, from 8:00 am to 3:00 pm. We look forward to seeing you there!

Gibbons Clients Unveil Final Phase of Major Jersey City Real Estate Project

Longtime Gibbons clients Ironstate Development Co. and Panepinto Properties have unveiled the final phase of a major joint real estate project with residential, retail, and hospitality components in the heart of Jersey City and with direct access to the Grove Street PATH station. A team of Gibbons attorneys has represented the Ironstate and Panepinto joint venture on the Columbus project since its inception, advising our clients over the course of a decade and three significant project phases, which industry publication Real Estate NJ recently summarized.

Non-Competes – A Focus of New York Attorney General

Non-compete agreements clearly are the subject of scrutiny by the New York Attorney General’s office, which just issued guidance called “Non-Compete Agreements In New York State – Frequently Asked Questions” (“Guidance”). The Guidance, in the form of FAQs, generally describes New York common law regarding enforceability of non-competition provisions in employment contracts or standalone restrictive covenant agreements. It notes that a court has the ability to invalidate or modify an overly-broad non-compete. It also provides guidance to employees regarding whether to sign a non-compete, which it states is not a legal requirement but only a potential mandate of an employer. The Guidance includes a list of considerations for employees before they sign a non-compete. Further, it provides contact information within the New York Attorney General’s Office for individuals to obtain assistance to address unreasonable non-competes. Finally, the Guidance describes Attorney General-proposed legislation to prohibit non-competes for workers earning below $75,000 per year. The Attorney General issued the Guidance after a recent matter it handled in which it obtained prospective compliance by an employer regarding its use of non-competes. The matter is the subject of an Attorney General press release. It is imperative that employers who use restrictive covenants in employment agreements and standalone restrictive covenants review their forms and procedures to comply with applicable law....