Appreciating Bitcoin: A Holiday Guide to Legal Hot Topics in Virtual Currency

Ethan M. Simon

Five years ago, one bitcoin sold for less than $15. Two years ago, the unit price was about $500. Now, the price of a bitcoin has topped $15,000, and it’s climbing fast enough to garner front-page attention by major newspapers. Since its inception, bitcoin has invoked thoughts of a shadow network where users trade in an untraceable electronic currency for drugs, weapons and other illicit goods and services. That world is not a fantasy, and some bitcoin holders have gone so far as to use bitcoins to hire hitmen, see, e.g., United States v. Ulbricht, 858 F.3d 71 (2d Cir. 2017). Continue reading “Appreciating Bitcoin: A Holiday Guide to Legal Hot Topics in Virtual Currency”

New Jersey Supreme Court Voids Waiver of Third-Party Liability in Employment Contracts

Michael A. Rowe

In Vitale v. Schering-Plough Corp., A-20-16 (Dec. 11, 2017), the New Jersey Supreme Court ruled that an employment contract that limits a worker’s right to sue a third party after an injury is unenforceable because it contravenes public policy.

Allied Barton Security Services (“Allied”) hired Plaintiff as a security guard. As a condition of employment, Allied required Plaintiff to sign an agreement entitled “Worker’s Comp Disclaimer” (the “Disclaimer”). Under the Disclaimer, Plaintiff released all rights he may have had against “any customer…of Allied Security to which [Plaintiff] may be assigned, arising from or related to injuries which are covered under the Workers’ Compensation statutes.” Continue reading “New Jersey Supreme Court Voids Waiver of Third-Party Liability in Employment Contracts”

District of New Jersey Allows Consumer Fraud Act Claim to Proceed for New Jersey Resident, Dismisses Claim for Non-Resident

David C. Kistler, Michael A. Iannucci, and Richard Wolf

In deciding a motion to dismiss under Rule 12(b)(6) in a putative class action, the United States District Court for the District of New Jersey recently addressed, among other things, what is quickly becoming a hot button issue: whether claims under the New Jersey Consumer Fraud Act (“CFA”) and New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) can be asserted by non-New Jersey residents. In Morcom v. LG Electronics USA, Inc., Judge Claire C. Cecchi answered this question in the negative, dismissing the CFA and TCCWNA claims asserted by a class representative from Washington State while allowing the same claims asserted by a New Jersey class representative to proceed. Continue reading “District of New Jersey Allows Consumer Fraud Act Claim to Proceed for New Jersey Resident, Dismisses Claim for Non-Resident”

EZ-Pass Paid and Certified: Nationwide Class Certification Granted under New Jersey’s Consumer Fraud Act

Michael A. Iannucci

A nationwide class of 17.9 million members was certified by a judge in the District of New Jersey last week in Mendez v. Avis Budget Group, Inc. and Highway Toll Administration LLC. The Court also granted Florida and New Jersey sub-classes. The suit alleges that Avis secretly charged drivers who rented cars for an electronic toll-payment service (“e-Toll”). Specifically, Plaintiff Jose Mendez alleged that his rental agreement with Avis did not specify he would be automatically enrolled as an e-Toll subscriber and charged an alleged convenience fee of $2.50 per day and up to $10 a week for the service, irrespective of whether he paid for the highway tolls he incurred. Continue reading “EZ-Pass Paid and Certified: Nationwide Class Certification Granted under New Jersey’s Consumer Fraud Act”

Ballot “Selfies” in New Jersey: Can You Instagram Your Vote?

Richard Wolf

Each November, Instagram, Facebook, and Twitter are full of celebrities and friends posting pictures of their ballots at their local polling places. In this age of social media, many users share “selfies” of themselves exercising their right to vote. Inevitably, other users post comments on these pictures alleging that sharing the picture can “invalidate” the vote or is otherwise illegal. Before heading to the ballots to elect a new governor on November 7, New Jersey residents should be aware of the current state of the law. Continue reading “Ballot “Selfies” in New Jersey: Can You Instagram Your Vote?”

A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean

Stephen M. Orlofsky and Deborah Greenspan

A recent decision by the United States Court of Appeals for the Third Circuit reminds us that when we want an arbitration clause to apply in certain situations or to certain parties, we have to build that intention into the plain terms of the contract.  In White v. Sunoco, Inc., — F.3d —, No. 16-2808, 2017 WL 3864616 (3d Cir. Dec. 5, 2017), Sunoco promoted the “Sunoco Awards Program,” under which customers who used a Citibank-issued “Sunoco Rewards Card” credit card were supposed to receive a 5-cent per gallon discount on gasoline purchased at Sunoco gas stations. The promotional materials included a document entitled “Terms and Conditions of Offer,” which indicated that Citibank issued the Sunoco Rewards Card and applicants had to meet Citibank’s creditworthiness criteria to obtain the credit card. Continue reading “A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean”

Panel Creates Split in Appellate Division over 2015 Amendment to New Jersey’s Unemployment Compensation Law

Jaret N. Gronczewski

A New Jersey Appellate Division panel—in Blake v. Board of Review, Dep’t of Labor, No. A-2940-15T3—held that a 2015 amendment to New Jersey’s Unemployment Compensation Law (“UCL”) does not authorize unemployment benefits to an employee who accepts a job offer from another employer but has that offer rescinded prior to commencing the new employment. The opinion, which was approved for publication on September 28, 2017, conflicts with another Appellate Division panel that came to the opposite conclusion just one month prior in McClain v. Board of Review, Dep’t of Labor, No. A-4319-15 (approved for publication on August 29, 2017). Both panels believed that the amendment’s plain language supported their respective interpretations. Continue reading “Panel Creates Split in Appellate Division over 2015 Amendment to New Jersey’s Unemployment Compensation Law”