Author Archives: Alexander Mouravski

New Jersey Legislature to Businesses: Employees Social Media Usernames and Passwords are Off Limits

Facebook, Google+, LinkedIn, YouTube, Blogging, Twitter, Instagram, the list goes on. We live in a digital age and people share their information with the world. The use of social media by people is ever increasing. However, thanks to a recent law enacted by the New Jersey Legislature and signed by Governor Christie, Assembly Bill 2878 (A2878), employees will not have to share this information with their employers. The bill takes effect December 1, 2013. Continue reading →

Phoning it in: New Jersey Legislature Allows Shareholders to Call into Shareholder Meetings

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New Jersey corporations and businesses are required to hold yearly shareholder meetings. As per N.J.S.A. 14A:5-1, these yearly meetings can be held anywhere allowed by a corporation’s bylaws. If a corporation’s bylaws do not state where the shareholder meeting should be held, or the bylaws do not dictate how it should be decided where the shareholder meeting should be held, then that meeting shall be held at the corporation’s registered office. Continue reading →

Department of Labor Guidance Regarding Same-Sex Marriage and ERISA

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United States v. Windsor ___ U.S. ___ (2013) was the Supreme Court case holding that Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional. In doing so, the court found that all federal rights must be granted to married same-sex couples. Federal agencies are now in the process of informing the public of what this ruling means. On September 18, 2013 the Department of Labor released “Guidance to Employee Benefit Plans on the Definition of ‘Spouse’ and ‘Marriage’ under ERISA and the Supreme Court’s Decision in United States v. Windsor.” Continue reading →

Even on a Voided Insurance Policy Insurance Company Still Liable to Third Party for Mandatory Minimums (Part 1)

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All automobile owners in New Jersey must carry insurance. Under New Jersey Statute 39:6A-3 the insurance must include a minimum of $15,000.00 per person, $30,000.00 per accident and $5,000.00 for property damage. But what happens if an automobile owner fraudulently applies for and receives insurance? If that car owner has an accident, is the insurance company still liable to cover the mandatory minimums? According its recent decision in Citizens United Reciprocal Exchange v. Perez, A-3100-11T1 (App. Div. Sept. 13, 2013) The Superior Court of New Jersey Appellate Division finds that the insurance company is liable to cover the mandatory minimums. Continue reading →

New Jersey Court Finds Texter Liable if Texting a Driver

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The New Jersey Judiciary has been busy lately with cases about cellphones. First there was the Supreme Court of New Jersey ruling in State v. Earls, No. A-53-11 (N.J. Sup. Ct. 2013), which held that an individual has a right to privacy regarding cell-phone location information. More recently, in Kuber v. Best, No. A-1128-12T4 (N.J. Super App. Div. 2013) (Not Approved for Publication without the Approval of the Appellate Division), the Superior Court of New Jersey Appellate Division decided whether “as a matter of civil common law whether one who is texting from a location remote from the driver of a motor vehicle can be liable to persons injured because the driver was distracted by the text.” (Id. 4). In other words, can a person be liable for texting a driver and then the driver has a traffic accident.

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