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Total Articles: 4

Taking Documents to Support Discrimination Claims Can Be Prosecuted As Theft, Notwithstanding Quinlan, New Jersey Appellate Division Holds

In State v. Saavedra, 2013 WL 6763248 (App. Div. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employer’s highly confidential, original documents, even if his actions would have been protected in a civil suit under Quinlan v. Curtiss-Wright Corp., No. 204 N.J. 239 (2010).

NJ Supreme Court Clarifies Spoliation Remedies.

In this decision, the New Jersey Supreme Court also clarified the remedies available for spoliation (i.e., destruction) of evidence.

New Jersey’s Offer of Judgment Rule Inapplicable in CEPA and LAD Cases.

Answering a question that has long been uncertain, the Appellate Division held that the Offer of Judgment Rule does not apply to CEPA or LAD actions, and thus does not permit a defendant in such cases to recover its attorneys’ fees from the plaintiff even after making a “successful” Offer of Judgment.

In-House Counsel Given Wider Latitude To Represent Officers, Employees And Directors Doing Company Business.

On July 15, 2008, the state Supreme Court amended Rule 1:27-2 to permit in-house counsel to represent their companies’ employees, directors, officers, partners and shareholders in matters affecting their companies. The change does not, however, permit in-house attorneys to represent individuals in personal matters, nor does it relieve them of the obligation to avoid conflicts between individuals and the corporation. Still under consideration is a proposal to abandon New Jersey’s limited license rules, which require corporate counsel to register, pay annual fees, and submit to disciplinary authorities.