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.

Joseph L. Linares Honored by Rutgers Association of Latin American Law Students
Joseph L. Linares Honored by Rutgers Association of Latin American Law Students 150 150 Peter Pizzi

NEWARK, NJ, April 12, 2021–Walsh Associate Joseph L. Linares was honored by Rutgers Law School’s Association of Latin American Law Students (ALALS) last Saturday at its annual scholarship event, “Fiesta con Sabor.” Held virtually, the event celebrated four Latinx professionals who are committed to making a difference, and Linares was presented with the Trailblazer of the Year Award and was widely attended by members of the bench, bar and academia. The award recipients all demonstrated excellence in the practice of law, and a commitment to supporting Hispanic law students and the greater Hispanic community. Funds raised from the event will support student scholarships.

  • walsh.law
  • No Comments

Walsh Mourns a Beloved Colleague, Friend and Mentor
Walsh Mourns a Beloved Colleague, Friend and Mentor 150 150 walsh.law

Joel PisanoNEWARK, NJ, March 1, 2021 – The attorneys and staff of Walsh Pizzi O’Reilly Falanga LLP mourn the passing of Hon. Joel A. Pisano, U.S.D.J., our friend and colleague. Joel was a wise counselor and dear friend to all who came to know him during his time in private practice, his many years of public service on the federal bench, and as a mediator and arbitrator. As a judge he was greatly respected by colleagues, lawyers, and litigants, known as exceedingly prepared, intellectually curious, and practically minded with a great sense of humor. As an attorney, he was well known for his “let’s figure this out and get it done” approach.

“He was a friend to all and a loved member of the firm. His kindness, quick wit, and passion for the law will not be forgotten,” said partner Liza M. Walsh. “He leaves a tremendous legacy through all he accomplished and everyone he mentored, and we will miss him greatly.

For his distinguished service, Judge Pisano received the Seton Hall University School of Law, Distinguished Graduate Award in 2001 Joel is survived by his wife Elizabeth, the love of his life, by his federal court family, and by the many young lawyers he mentored throughout his career.

Joel has received many tributes including this Law 360 article, and his full obituary can be seen here.

Hector D. Ruiz Co-Chaired Innovative Conference Addressing the COVID-19 Impact on Legal Counsel
Hector D. Ruiz Co-Chaired Innovative Conference Addressing the COVID-19 Impact on Legal Counsel 150 150 Peter Pizzi

NEWARK, NJ, February 15, 2021–Walsh Partner Hector D. Ruiz was Co-chair of the 11th Annual Corporate Counsel Conference hosted by the Hispanic Bar Association of New Jersey and Prudential. The virtual event was held on February 11 and examined The Role of Legal Counsel: Effective Corporate Stewardship in the Age of COVID-19 and Social Change.

Prudential EVP and General Counsel, Ann Kappler, presented the keynote address. Leaders from prestigious companies including CNA, Linde, Merck, MetLife, PSE&G, and Roche Diagnostics, spoke on issues impacting the corporate landscape.

The conference included two CLE panels featuring General Counsel and other distinguished speakers addressing this year’s conference theme.  Hundreds of attendees participated in this popular event.

Walsh Pizzi O’Reilly Falanga LLP was also a sponsor of the conference.

  • walsh.law
  • No Comments

Five Walsh Partners Recognized by Best Lawyers®
Five Walsh Partners Recognized by Best Lawyers® 150 150 walsh.law

NEWARK, N.J., January 12, 2021–Walsh Pizzi O’Reilly Falanga LLP announced today that Best Lawyers® has selected five Walsh partners for inclusion in the 2021 Edition of The Best Lawyers in America®.  Attorneys are selected based upon rigorous peer review and the annual list recognizes those who exemplify the highest standards of outstanding work in their respective practice areas.

Walsh partners named as Best Lawyers® include:

  • Liza Walsh: Bet-the-Company Litigation, Commercial Litigation, Patent ERISA, Patent Litigation
  • Sydney Darling: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Bankruptcy Litigation
  • Stephen Falanga:  Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • M. Trevor Lyons:  Labor and Employment Litigation, Labor Law-Management
  • Tricia O’Reilly:  Commercial Litigation, Employment Law-Management

Partners Liza Walsh, Stephen Falanga, M. Trevor Lyons, and Tricia O’Reilly were previously named as Best Lawyers®.

Recognition by Best Lawyers® is based entirely on peer review, a consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. The Best Lawyers in America® was first published in 1983 and publishes top legal talent in more than 70 countries around the world.

  • walsh.law
  • No Comments

Parents Prevail in Their Appeal To The Third Circuit In a Special Education Case
Parents Prevail in Their Appeal To The Third Circuit In a Special Education Case 150 150 walsh.law

In an appeal prosecuted by Thomas J. O’Leary and Zahire Estrella-Chambers, the United States Court of Appeals for the Third Circuit reversed the lower court’s denial of parent’s claim for reimbursement of the tuition costs incurred in placing their child in a private school after he had been severely bullied in public school.

The parents appeared without counsel before a state administrative law judge, who made pre-trial and procedural rulings which ultimately led to a denial of their tuition reimbursement claim because the parents had not provided the school district with ten days prior written notice before placing their son in a private school.

O’Leary and Estrella-Chambers filed an action in federal court in Newark in which the district court judge sided with administrative law judge’s decision.

On appeal, the Court of Appeals vacated the District Court’s Order, holding that “in light of certain procedural irregularities and erroneous factfinding in the ALJ proceedings and the consequences for the District Court’s application of 20 U.S.C. § 1412(a)(10)(C)(iii), we cannot be confident that the Court denied reimbursement on a proper basis and thus will remand.” The matter now returns to the district court for further proceedings.

The case is K. E., et al v. Northern Highlands Regional Board of Education, case number 19:3771., __ Fed. Appx. ___, 2020 WL 7388081 (3d Cir. Dec. 16, 2020).

O’Leary’s special education law practice focuses on the representation of students with special needs and their families in the protection and enforcement of their legal rights under the New Jersey Constitution, the Individuals with Disabilities Education Act, the American with Disabilities Act, and other applicable law.  When disputes arise, parents rely on O’Leary for representation in mediation, as well as litigation before the New Jersey Office of Administrative Law and in federal and state courts.

For more information, please contact Thomas J. O’Leary at (973) 757-1045 or toleary@walsh.law.

  • walsh.law
  • No Comments

Understanding Social Media Platform Immunity and Potential Legislative Changes – Pizzi to Moderate December 9 IADC Webinar
Understanding Social Media Platform Immunity and Potential Legislative Changes – Pizzi to Moderate December 9 IADC Webinar 150 150 walsh.law

US legislators from both parties are expected next term to make changes to Section 230 of the Communications Decency Act, which was enacted in 1996 to grant then-nascent Internet firms immunity from liability for user generated content.  Recent Congressional hearings featuring leaders from Facebook and Twitter make the prospect of change abundantly clear.  What is Section 230?  What problems are not adequately addressed by the current law?  What are the proposals for change?  Could those changes impact sites beyond the big name social media platforms, such as retailers and service providers hosting customer comments and reviews?  These are some of the questions that will be addressed in a free webinar moderated by Walsh partner Peter J. Pizzi, featuring renowned First Amendment lawyer David E. McCraw, Senior Vice President and Deputy General Counsel, The New York Times Company, and social media industry expert Daphne Keller, Director of Stanford Law School’s Program on Platform Regulation, and former in-house lawyer at Google.  The free program will be held at 1 pm EST on December 9, 2020 via Zoom and is offered by the International Association of Defense Lawyers.  Details are here. Members of the public are welcome but registration is required.  IADC is the preeminent peer-reviewed global legal organization for attorneys who represent corporate and insurance interests.

For more information, please contact Peter J. Pizzi at ppizzi@walsh.law or (973) 757-1011.

  • walsh.law
  • No Comments

Client Alert – New Jersey Governor Signs Additional Coronavirus/COVID-19 Emergency Related Bills Aimed at Public Employees and Public Contracts
Client Alert – New Jersey Governor Signs Additional Coronavirus/COVID-19 Emergency Related Bills Aimed at Public Employees and Public Contracts 150 150 walsh.law

On October 30, 2020 and November 9, 2020, New Jersey Governor Phil Murphy signed several bills into law relating to the Coronavirus/COVID-19 crises. The newly-enacted laws permit modification to contracts between non-profit organizations and State agencies for the failure to perform due to the COVID-19, and address hiring, retention, and benefits of certain public employees during the public health hazard posed by COVID-19. The Governor also vetoed a bill that was aimed at nursing home workers amid the crisis, citing recently introduced measures aimed at direct-care workers at long-term facilities.

S-2451: Allows for the waiver of contract penalties and the modification of contract terms with respect to public contracts between non-profit organizations and State agencies for failure to perform due to the COVID-19 pandemic. Under this legislation, a State agency that has awarded a contract to or entered into an agreement with a non-profit organization may grant a waiver of any penalty provided in the contract or agreement for the failure of the non-profit organization to fulfill the terms and conditions in the contract or agreement if the failure is due to the COVID-19 emergency declared by the Governor in Executive Order No. 103 of 2020, and the failure occurred during the period of the emergency or during the six-month period immediately following the end of the emergency.

S-2376: Provides for employment, retention, and benefits during public health hazard posed by COVID-19 of certain public employees. In pertinent part, this legislation allows for the temporary employment of former public employees who retired from the Public Employees’ Retirement System, the Police and Firemen’s Retirement System, or the State Police Retirement System, and are returning to work on a temporary basis in response to the Public Health Emergency or State of Emergency during the Public Health Emergency or State of Emergency declared by the Governor in Executive Order No. 103. The law also permits a public employee to be eligible for participation in the State Health Benefits Program immediately upon hire, provided such person is or was hired as a new employee on or after February 3, 2020 to provide services necessitated by the COVID-19 pandemic.

Finally, on November 9, 2020, Governor Murphy vetoed legislation (S-2788/A-4479) aimed at providing supplemental payments to long-term care facility staff providing direct-care services during COVID-19 pandemic. In so doing, the Governor noted that the administration recently introduced measures in September to ensure that direct-care providers at long-term care facilities are appropriately compensated for the critical care they provide.

For more information about the Governor’s newest legislation, please contact Hector D. Ruiz at hruiz@walsh.law or (973) 757-1019.

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.

  • walsh.law
  • No Comments

NY Commercial Division Calls Upon Volunteer Lawyers In Response To Budget Cuts
NY Commercial Division Calls Upon Volunteer Lawyers In Response To Budget Cuts 150 150 walsh.law

On October 6, 2020, Justice Andrea Masley, of the Supreme Court New York County’s Commercial Division, issued an order in complex contract dispute denying appointment of a judicial hearing officer or court referee to supervise discovery in the two-year old case. While Justice Masley’s order recognized the “burden[]” of the “multitude of discovery issues” facing the parties, the reality facing litigants and the New York Courts is that budget cuts and hiring freezes have left the New York Courts understaffed with growing dockets. With a decreasing number of judges and no special referees, Justice Masley turned to the special discovery master program implemented by the New York County Lawyers Association back in 1976, through which attorneys may volunteer during times of economic crisis to serve the Office of Court Administration. Through this program, Justice Masley appointed a highly experienced senior lawyer as a volunteer special discovery master with all powers provided by CPLR 4201. A copy of the order can be accessed HERE.

Justice Masley’s Order was issued one day after Chief Judge Janet DiFiore posted a message to the state court website explaining that the economic fallout of the COVID-19 pandemic necessitated “a strict [judiciary] hiring freeze, deferral of [judiciary] raises, suspension of [the] JHO [(Judicial Hearing Officer)] program and other hard choices.” As a result, justices in the Commercial Division, established in 1995 as a specialized arm of the New York State court system to address highly complex Finance and business litigation, lack the bandwidth to handle discovery issues “without extraordinary impingement on the court’s regular business.” In this regard, the Commercial Division is not appreciably different from state and federal courts around the country: e-discovery disputes pose enormous challenges and require alternative methods of resolution for commercial cases to progress.

Justice Masley’s order recognized, however, that “justice delayed is justice denied” and reminded litigants that because of initiatives like the special discovery master program, “the Court is not without tools and volunteers to unburden parties as they labor toward a trial or resolution.” Justice Masley made sure to thank Mr. Alcott along with “the many other retired attorneys who volunteered” for the special master program.

  • walsh.law
  • No Comments

The Devil Is Not In The Details: NJ Supreme Court Rules Arbitration Agreements Are Enforceable Even Where an Arbitral Forum or Procedure Is Not Spelled Out
The Devil Is Not In The Details: NJ Supreme Court Rules Arbitration Agreements Are Enforceable Even Where an Arbitral Forum or Procedure Is Not Spelled Out 150 150 walsh.law

By: Gerhard W. Buehning

On September 11, 2020, the New Jersey Supreme Court issued a 6-0 decision in Flanzman v. Jenny Craig, Inc., compelling arbitration under an agreement which did not set forth a process for choosing an arbitrator or designating an organization to conduct the proceeding. The Court’s ruling reversed the Appellate Division decision that imposed such requirements and reinstated the trial court’s decision compelling the parties to arbitrate their employment age discrimination dispute.

Plaintiff Marilyn Flanzman was employed by Jenny Craig, Inc., in 1991 and in 2011 signed a document agreeing to arbitrate disputes involving her employment. The agreement, titled “Arbitration Agreement,” provided that the parties would resolve all employment-related disputes by “final and binding arbitration” which would take the place of “a jury or other civil trial.” The agreement was silent on the identity of the arbitrator, the organization to administer the proceeding, and the process for selecting an arbitrator.

In February 2017, Plaintiff complained and was ignored on three separate occasions about her lack of work hours. Plaintiff left the company and sued for age discrimination, constructive discharge, discriminatory discharge, and harassment. The employer Jenny Craig, Inc. moved to compel arbitration. The trial court granted Jenny Craig’s motion and ordered the parties to arbitrate. The Appellate Division reversed because the form agreement failed to designate an “arbitral forum or arbitral institution” and at minimum should have identified a process for an arbitration for the agreement to be enforceable.

The New Jersey Supreme Court disagreed with the Appellate Division and looked to the New Jersey Arbitration Act (NJAA) to fill in the gaps in the employer’s documentation: “[T]he NJAA, which provides a default procedure for the selection of an arbitrator and generally addresses the conduct of the arbitration, clearly expresses the Legislature’s intent that an arbitration agreement may bind the parties without designating a specific arbitrator or arbitration organization or prescribing a process for such a designation” and further “provides general guidance as to how the arbitration will proceed.” Thus, the Court concluded that while parties to an arbitration agreement are free to agree upon an arbitrator or arbitral process, it is not required for an arbitration agreement to be enforceable.

Going forward, attorneys and employers should be mindful of the Court’s guidance when drafting arbitration agreements. “A detailed description of the contemplated arbitration in an arbitration agreement enhances the clarity of the agreement” and, “if the parties identify a specific arbitrator or arbitrators or agree to retain an arbitrator affiliated with a given arbitration organization who will apply that organization’s rules, they may avoid future disputes.”

“For more information, please contact Gerhard Buehning at gbuehning@walsh.law or (973)757-1109.”

  • walsh.law
  • No Comments

Peter J. Pizzi Moderates IADC Panel on Employee Mobility, Non-competes and NDAs in the Covid-19 Era
Peter J. Pizzi Moderates IADC Panel on Employee Mobility, Non-competes and NDAs in the Covid-19 Era 150 150 walsh.law

NEWARK, NJ, SEPTEMBER 4, 2020 – Walsh Partner Peter J. Pizzi will be leading a panel discussing “Employee Mobility, Non-Competes, and NDAs: Protecting Trade Secrets and Customer Relationships in the Pandemic Era.” The event will be held as a virtual, no-cost webinar hosted by the International Association of Defense Counsel (IADC) on Wednesday, September 23, at 10:00 a.m. CDT.

Pizzi and his fellow panelists will examine strategies to consider in these COVID-19 times. They will review recent decisions on injunction applications, empirical studies on the impact of non-competes, and recent developments in legislative changes and regulatory scrutiny to the law around non-competes and employee mobility.

“Though non-competes date back several centuries, the legal environment in this area has undergone major changes in certain jurisdictions, and I’m excited to be a part of the program,” Pizzi said. “The explosion in employee mobility resulting from COVID-19 employment dislocation offers opportunities for organizations to hire new talent to improve their competitive advantage. However, it also poses risks and an increased need to protect trade secrets and customer relationships. I look forward to sharing tactics to help clients adapt to this new normal and discussing how attendees can become better advocates for the status quo or legislative innovation.”

Pizzi will moderate the panel, which will include Russell Beck of Beck Reed Riden LLP and Johner T. Wilson III of Dinsmore & Shohl LLP to gather robust viewpoints.

Pizzi focuses his practice on commercial litigation, class action defense, internal investigations, internet, and IP litigation, and labor and employment law. In addition, he has distinguished himself in the field of technology law, regularly lecturing at CLE programs on technology law and writing on cutting-edge issues such as privacy and cybersecurity, content piracy, and e-discovery.

IADC is the preeminent peer-reviewed global legal organization for attorneys who represent corporate and insurance interests.

For more information, visit www.iadclaw.org.

Enter your
text here