Walsh Pizzi O'Reilly Falanga LLP

Expert legal services specializing in corporate law, pharmaceutical, and criminal defense. Serving clients in New York, New Jersey, Pennsylvania, USA, with a dedicated team for what matters most. Bet the company. Commercial Litigation.
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Client Alert – Department Of Education Guidance For Students With Disabilities During COVID-19 Emergency
Client Alert – Department Of Education Guidance For Students With Disabilities During COVID-19 Emergency 150 150 walsh.law

On March 16, 2020, the U.S. Department of Education issued guidance to schools about addressing the risk of COVID-19 in schools while protecting the rights of students with disabilities.  As a general rule, if school districts are serving students remotely, they must ensure that students who have Individualized Education Programs (IEPs) or Section 504 Plans continue to receive a free appropriate public education.   Useful information for students with disabilities can be found in the links to an Office for Civil Rights Fact Sheet issued by the U.S. Department of Education, Office for Civil Rights and a Questions and Answers document on providing services to children with disabilities during the COVID-19 disease outbreak.

On March 17, 2019, the New Jersey Department of Education (NJDOE) issued guidance concerning COVID-19 related school closures.  The guidance provides that school districts must offer special education service to the most appropriate extent possible while students are away from their schools/programs.  When school resumes, IEP teams may need to consider compensatory services when students return to school and IEPs may need to be adjusted accordingly.  Useful information for students with disabilities and their parents can be found in the link to the Frequently Answered Questions guidance document issued by the NJDOE.

For more information about Walsh’s Special Education practice or to seek information on how to implement best practices relating to Special Education, please contact Thomas J. O’Leary at 973-757-1045 or toleary@walsh.law.

 

Walsh Pizzi O’Reilly Falanga LLP has prepared the content of this alert for general informational purposes. The content should not be considered advice, recommendations, or an offer to perform services. You should not act upon any information provided in this alert without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained herein.

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Client Alert – New Jersey Governor Signs 16 Bills Into Law Related to Coronavirus/COVID-19 Emergency
Client Alert – New Jersey Governor Signs 16 Bills Into Law Related to Coronavirus/COVID-19 Emergency 150 150 walsh.law

On March 20, 2020, New Jersey Governor Phil Murphy signed a suite of 16 bills into law aimed at assisting New Jersey in dealing with the Coronavirus/COVID-19 health emergency.  The new laws include a prohibition on terminating or refusing to reinstate an employee who has, or is likely to have, an infectious disease which requires the employee to miss time at work; authorization for health care practitioners to provide telemedicine and telehealth services; authorization for the New Jersey Economic Development Authority (NJEDA) to make business grants during a state of emergency or a public health emergency declared by the governor; modification of deadlines by which public agencies are required to respond to request for government record during period of emergency; and permitting corporations to hold shareholders’ meetings in part or solely by means of remote communication during a state of emergency.  These new laws take effect immediately.

Employers Prohibited From Terminating Or Refusing To Reinstate An Employee Missing Work Due To Infectious Disease

During the Public Health Emergency and State of Emergency declared by the Governor concerning the Coronavirus / COVID-19 emergency, employers are prohibited from terminating or refusing to reinstate an employee who requests or takes time off from work, based on the recommendation of a medical professional, if the employee is likely to infect others in the workplace.  If an employer is found to be in violation, “the [Commissioner of Labor and Workforce Development] or the court is required to order the reinstatement the employee and fine the employer $2,500 for each violation.”  As the bill’s primary sponsor, Assemblywoman Yvonne Lopez stated: “There’s no getting around it.  When someone is diagnosed with coronavirus, they will need to be quarantined and off from work for at least 14 days.”

New Jersey Economic Development Authority Authorized to Provide Grants and Extend Documentation Submission Deadline During Period of Emergency

The New Jersey Economic Development Authority is authorized to provide grants during period of emergency and for the duration of economic disruptions due to an emergency.  The EDA will be able to offer grants for the “planning, designing, financing, construction, reconstruction, improvement, equipping, [and] furnishing” of a project, including grants for working capital and meeting payroll requirements.  The legislation further permits the EDA to extend business document submission deadlines during a period of emergency.

Corporations Permitted To Hold Shareholders’ Meetings By Means Of Remote Communication During State Of Emergency

Legislation was signed by the Governor concerning corporations and remote shareholders’ meetings to give corporations increased flexibility in how they conduct meetings.  Under this legislation, during a state of emergency declared by the Governor, “a meeting of shareholders may be held by means of remote communication to the extent the board authorizes and adopts guidelines and procedures governing such a meeting.”  In addition, shareholders participating in meeting of shareholders via remote communication are considered to be present in person and are entitled to vote at the meeting.

Deadlines to Provide Government Records and Meetings of Public Bodies

Under current law, a custodian of a government record for a public agency is mandated to grant access to a government record or deny a request for access to a government record as soon as possible, but not later than seven business days.  Further, access to certain records, such as budgets, bills, vouchers, contracts, and public employee salary information, must be granted immediately.  The new legislation modifies these deadlines during a public health emergency to require a records custodian to make “a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.”  In addition, new legislation allows public bodies to conduct meetings, and provide notice, by electronic means during periods of emergency.

For more information about the Governor’s newest legislation, please contact Hector D. Ruiz at hruiz@walsh.law or (973)757-1100.

 

Walsh Pizzi O’Reilly Falanga LLP has prepared the content of this alert for general informational purposes. The content should not be considered advice, recommendations, or an offer to perform services. You should not act upon any information provided in this alert without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained herein.

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Client Alert – Families First Coronavirus Response Act, H.R. 6201 Signed Into Law
Client Alert – Families First Coronavirus Response Act, H.R. 6201 Signed Into Law 150 150 walsh.law

On the evening of March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, H.R. 6201.  The new law includes the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which provides paid family leave, and the Emergency Paid Sick Leave Act (“EPSLA”), which provides paid sick leave, for certain employees affected by COVID-19.  Covered employers are eligible for refundable tax credits for offering this emergency family and/or paid sick leave.

  • Family Leave

The EFMLEA is an expansion of the existing Family and Medical Leave Act (“FMLA”), with modified definitions and benefits that apply to COVID-19 related leave. While the FMLA applies to employers with 50 or more employees, the EFMLEA applies to companies with less than 500 employees, so a greater number of employees may receive the EFMLEA benefits.

Employees may be eligible for twelve weeks of paid family leave if they cannot work or telework because they need to care for their minor child whose school or child care service is closed or unavailable due to a COVID-19 related public health emergency.  While the first 10 days of leave may consist of unpaid leave, or may be paid through an employer-sponsored paid time off benefit, leave after those 10 days will be paid at a rate of 2/3 of the employee’s regular pay up to $200 per day and $10,000 total for up to 12 weeks.

The EFMLEA also only requires that an employee have been employed by the employer for at least (30) thirty days, instead of the FMLA’s twelve months and 1,250 hour requirement. Employees who are health care providers or emergency responders may be excluded by their employers from EFMLEA protection.

It appears that the FMLA modifications for employer coverage (500 employees or less) and employee eligibility (employed for 30 days) only apply to leave under the EFMLEA, meaning leave to care for a minor child whose school or child care service is closed or unavailable due to a COVID-19 related public health emergency.  The remainder of the FMLA provisions appear to be only applicable to employers with 50 or more employees and to employees who have worked for an employer for twelve months and 1,250 hours, and FMLA benefits for non-COVID-19 related leave remains available to eligible employees.

  • Sick Leave

The EPSLA provides employees with paid sick leave for COVID-19 related issues.  It applies to all employers with less than 500 employees.

The EPSLA provides that an employee may be eligible for paid sick leave if he or she is unable to work or telework because:  the employee is subject to a federal, state, or local quarantine or isolation order, the employee has been advised by a health care provider to self-quarantine, the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis, the employee is caring for an individual who is subject to quarantine or isolation, or the employee is caring for a child whose school or child care has been closed or is unavailable.

Full-time employees are entitled to 80 hours of paid sick time, while part-time employees may receive pay for the number of hours the employee works, on average, over a two-week period. Employees may receive up to $511 per day and $5,110 in total of paid sick time if the leave is a result of their own illness, or 2/3 of the employee’s regular pay if the leave is a result of caring for a family member. Employers may not require an employee to use other paid time off benefits before using this paid sick time, and the EPSLA sick leave is in addition to any paid time off benefits that are already provided by a company.

  • Regulations  

The Secretary of Labor has the authority to issue regulations excluding certain health care providers and emergency responders and exempting small businesses with fewer than 50 employees when the imposition of these benefits would jeopardize the viability of the business as a going concern.

  • Effectiveness  

The Families First Coronavirus Response Act goes into effect on April 2, 2020. These benefits are scheduled to expire at the end of 2020.

 

Walsh Pizzi O’Reilly Falanga LLP has prepared the content of this alert for general informational purposes. The content should not be considered advice, recommendations, or an offer to perform services. You should not act upon any information provided in this alert without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained herein.

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Walsh to Support the Thurgood Marshall College Fund New Jersey Awards of Excellence
Walsh to Support the Thurgood Marshall College Fund New Jersey Awards of Excellence 150 150 walsh.law

NEWARK, NJ, February 26, 2020 – Walsh Pizzi O’Reilly Falanga LLP announced that partner Liza M. Walsh will serve as co-chair for the upcoming Thurgood Marshall College Fund 20th Annual New Jersey Awards of Excellence. Additionally, the firm will support the fundraising event through sponsorship. The vicennial anniversary event will take place on March 26 in Belleville, New Jersey.

Established in 1987, the Thurgood Marshall College Fund supports students through scholarships, capacity building, research initiatives, innovative programs, and strategic partnerships. They are a vital resource in the K-12 and higher education space as well as a source for employers seeking top talent for competitive internships and good jobs. To date, the organization has awarded more than $300 million in assistance to its students and member-schools.

“The Thurgood Marshall College Fund is the nation’s largest organization representing the Black College Community,” said Liza M. Walsh. “We support their efforts to educate tomorrow’s leaders and I am proud to serve as co-chair for this event. We are committed to working with organizations like the Thurgood Marshall College Fund and to continue building one of New Jersey’s most diverse and inclusive firms with talented individuals.”

This year’s event will feature a Past Honoree Reunion, in which previous award recipients will be recognized for exemplifying Justice Thurgood Marshall’s commitment to justice, civil rights, and education. The Honorable Joseph A. Greenaway, Jr., United States Court of Appeals for the Third Circuit will present a keynote address.

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Hector D. Ruiz to Share Intellectual Property Insights on CLE Panel
Hector D. Ruiz to Share Intellectual Property Insights on CLE Panel 150 150 walsh.law

Walsh Partner Hector D. Ruiz will be participating on a panel entitled “Protecting Your Brand: Strategies for Handling Social Media Abuse” at the 10th Annual Corporate Counsel Conference. To be held February 5th at Prudential headquarters in Newark, the conference is presented by The Hispanic Bar Association of New Jersey (HBA-NJ) and Prudential.

Ruiz’s “Protecting Your Brand” panel will discuss current and pressing social media threats that put businesses at risk, how to address such threats and protect business, and recent developments in the law.

The conference will start with breakfast and will include three panels on engaging topics impacting corporate clients, in-house attorneys and the law, along with a networking lunch. In addition to Ruiz’s “Protecting Your Brand” panel, the other panels will address “A.I.: Changing the Landscape of the Board Room and Risk Management” and “Executive Leadership Roundtable: Approaches to Being a Change Agent in Your Company.” Participants will earn CLE credits.

“Intellectual property has been a key topic I’ve been involved in on behalf of my clients and I’m excited to be a part of the program,” Ruiz said. “I look forward to hearing additional points of view and sharing tactics.”

The panel will be moderated by Miguel A. Pozo of Cozen O’Connor and will offer additional diverse viewpoints from Alan Cardenas of Siemens; Fajd Majiduddin of TEVA Pharmaceuticals; and Dolly von Hollen of Prudential.

Ruiz concentrates his practice on federal and complex commercial litigation, and he represents clients as local counsel in significant intellectual property disputes, including patent claims, trademark, unfair competition and copyright matters.

The Corporate Counsel Conference provides substantive, continuing legal education programs to the legal and business communities at large and showcases talented professionals in the fields of law and business. Registration and more information about the conference can be found at njhba.org/event-3672429.

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Peter J. Pizzi to Lead Panel on Digital Forensics
Peter J. Pizzi to Lead Panel on Digital Forensics 150 150 walsh.law

Walsh Partner Peter J. Pizzi will be sharing insights and leading a panel discussion on February 25 at The International Association of Defense Counsel (IADC) 2020 Midyear Meeting in Pebble Beach, CA. A most timely topic as digital evidence becomes more determinative in more cases, the panel is entitled In the Moment with Digital Evidence: Ephemeral Messaging, Digital Forensics, and Deep Fakes.

As new digital technology emerges weekly, the panel will discuss how attorneys can exploit new sources of digital evidence and gain from the latest forensic techniques while confronting challenges posed by ephemeral messaging apps. These are apps which cause content, aka evidence, to disappear after transmission, such as Snapchat and Wickr. Areas to be discussed include collection and preservation challenges, spoliation, and ethics issues for attorneys advising clients reliant upon these apps. Deep Fakes, or video evidence altered to make the speaker appear to say things they never said, will also be discussed.

“The IADC mid-year meeting is always thought-provoking and I’m pleased to be a part of the program,” Pizzi said. “I look forward to learning from my colleagues and understanding the issues more deeply.” The IADC is the preeminent peer-reviewed global legal organization for attorneys who represent corporate and insurance interests.

To gather diverse viewpoints, the panel is comprised of Ovie Carroll from the U.S. Department of Justice; Heather C. Devine of Alexander Holburn Beaudin + Land LLP in Toronto; and Chris Howell of Wickr in New York, NY.

For more information about the conference, visit iadclaw.org.

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Spoliation and Sanctions in Employment Litigation: An Update
Spoliation and Sanctions in Employment Litigation: An Update 150 150 walsh.law

Walsh attorneys Peter Pizzi and Eric Padilla authored an article in the International Association of Defense Counsel (IADC) Employment Law Committee Newsletter.

The authors address spoliation sanctions which are intended to “even the playing field” by ensuring that a spoliating party may not profit from its misconduct and restoring the non-spoliating party to the position it would have otherwise occupied had the information at issue not been destroyed. This article summarizes counsel’s duties, and collects cases describing the contours of sanctions when applied by courts.

The authors state, “Given the now ubiquitous presence of ediscovery and the importance of electronically stored information in employment litigation, defense counsel must be aware of the dangers of spoliating electronic evidence.” To view a copy of the article, click here.

Peter J. Pizzi is a business litigator with over 30 years of experience in commercial litigation, class action defense, internal investigations, internet and IP litigation, and labor and employment law. He has handled matters on behalf of corporate clients in a broad array of industries, including pharmaceuticals, financial services, information technology, cosmetics, industrial equipment, food service and others.

Eric Padilla focuses on commercial litigation, including trade secrets and unfair competition matters, as well as labor and employment litigation.

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Worker Use of Medical Marijuana Poses Challenges for Employers (Part 2)
Worker Use of Medical Marijuana Poses Challenges for Employers (Part 2) 150 150 walsh.law

Walsh attorney Joseph L. Linares authored an article in Noticias, the official publication of the Hispanic National Bar Association.

In the article Linares states, “The past decade has seen most states enact legislation permitting the medicinal use of marijuana. Indeed, over forty states and the District of Columbia, permit some form of medical access to marijuana or its extracts. While legalization of its use is spreading, marijuana remains illegal under federal law whether used for medical or recreational purposes. This disconnect between federal and state marijuana policy poses challenges. One such challenge is the state-permitted use of medical marijuana by employees, which a handful of state courts have addressed, shedding light on how other courts may respond.”

To view a copy of the article, click here.

Joseph L. Linares concentrates his practice on litigation, contracts and complex negotiations. Mr. Linares is admitted to practice in NY, NJ, CT and DC and is a member of the firm’s commercial litigation, cannabis law, intellectual property and construction law practice groups. Additionally, Mr. Linares currently serves as Region III President of the Hispanic National Bar Association.

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Walsh Associate Caitlin Cascino Endows Scholarship Fund at Seton Hall Law School
Walsh Associate Caitlin Cascino Endows Scholarship Fund at Seton Hall Law School 150 150 walsh.law

NEWARK, NJ, October 21, 2019 – Walsh Associate Caitlin P. Cascino and her husband, Jordan, have generously established The Caitlin P. ’12 and Jordan Cascino Annual Scholarship Fund at Seton Hall Law School. She is a Seton Hall Law alumna and Jordan is a 2011 Seton Hall M.A. alumnus.

A scholarship recipient herself, Caitlin understands the profound impact scholarships can have. “We’re very excited to be able to fund scholarships that give deserving students the chance to obtain a legal education. My scholarship allowed me to do what I wanted to do: I wasn’t stuck going into work I didn’t enjoy. It’s important for me to offer someone that same opportunity, someone who needs it. I believe in giving back.”

With strong family ties to the school, Seton Hall was Cascino’s law school of choice to focus on employment law. She credits Deans Sullivan and Glynn for “laying the foundation for the real world practicing I do now.”

At Walsh, Caitlin is a litigator who defends employers of all sizes and varying industries in state and federal court and before administrative agencies. She represents management against single- and multi-employee claims alleging workplace discrimination, harassment, whistleblower retaliation, and breach of contract. She also litigates matters involving breaches of post-employment restrictive covenants.

In addition, she works closely with in-house counsel, business executives, and human resources professionals, advising management on matters related to employee hiring, discipline, terminations, leaves of absence, and accommodations. Caitlin also handles traditional labor matters, including union elections, collective bargaining negotiations, unfair labor practice charges, and grievance arbitrations, on behalf of employers.

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Hector D. Ruiz Named Lawyer of the Year
Hector D. Ruiz Named Lawyer of the Year 150 150 walsh.law

NEWARK, NJ, October 4, 2019 – Walsh Partner Hector D. Ruiz has been selected as a recipient of the 2019 Professional Lawyer of the Year Award. It is given annually by the New Jersey Commission on Professionalism in the Law in conjunction with bar associations across the state including the Hispanic Bar Association of New Jersey. The award is presented to carefully selected lawyers who are respected by colleagues for their character, competence and exemplary professional behavior and who set a positive example for others.

“We are very proud of Hector for this well-deserved honor,” said Walsh Partner Peter J. Pizzi. “He is an esteemed individual who continually gives back to the community. This award reflects positively on him and boosts the public perception of all the good work we do.”

The Award will be presented to Hector at the Professionalism Awards Luncheon sponsored by the New Jersey Commission on Professionalism in the Law on Wednesday, October 23 at the Pines Manor in Edison, NJ.

Hector concentrates his practice on federal and complex commercial litigation. He has represented national and regional clients across a wide spectrum of industries, including pharmaceutical, healthcare, banking, construction, manufacturing and information systems.  He also represents clients as local counsel in significant intellectual property disputes, including patent claims, trademark, unfair competition and copyright. He is an active member of the New Jersey State Bar Association, including serving as member of the New Jersey Supreme Court Civil Practice Committee, and he has served on the Board of the Hispanic Bar Association of New Jersey, including recently serving as President of the Association.

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