Upcoming & Recent Events

James K. Estabrook and Elizabeth E. Manzo are co-speaking at the 65th Annual Employee Benefits Conference in San Diego where they are conducting a Structured Roundtable on the topic of the implications for the U.S. pertaining to cannabis.

Eric Levine, co-chair of Lindabury, McCormick, Estabrook & Cooper’s Cybersecurity and Data Privacy practice group and faculty presenter for Rutgers University will instruct current and aspiring managers from any industry, vertical or business function with a desire to institute data-driven strategies.

Strongly consider this program if you would like to:

• Understand how the Data Explosion is Changing the Business Landscape
• Increase ROI for your Organization by Leveraging Data Already Being Collected
• Implement a Data Life Cycle from Collection to Operationalization
• Learn to Manage and Lead Data-driven Projects, in Addition to Managing and Leading Data-driven Teams

For more information or to apply click here.

Elizabeth E. Manzo is speaking to members of the Mechanical Contractors Association of New Jersey at their monthly meeting regarding medical marijuana in the construction industry.

Attendees will learn:

• The status of and requirements under New Jersey’s medical marijuana laws.
• What should be done if an employee presents a medical marijuana card?
• Can zero tolerance drug testing policies be enforced?
• What are the consequences of failure to accommodate a qualified medical marijuana user?

James K. Estabrook and Elizabeth E. Manzo, members of Lindabury’s Employee Benefits practice group, are speaking on the topic of Defined Benefit Pension issues at the Taft Hartley Plan Trustees and Administrators seminar hosted by the Milliman at The American Labor Museum in Haledon, NJ.

Nicole Maguire is speaking at ROI-NJ: Thought Leadership Series focusing on expansion of the cannabis industry and its impact on related businesses in New Jersey.

This interactive discussion will cover a variety of topics, including:

• CBD 101
• CBD edibles
• CBD health & body-care products
• CBD product branding
• Adding CBD product lines to your business
• Marketing CBD items
• Investing in CBD
• Finding real estate for your CBD business

For more information or to register for this event click here.

James K. Estabrook speaks to attendees at the 2019 AEC Best Practices Conference in Milwaukee, Wisconsin.

Jim addresses the following topics:

• How utilization of this document can help to ensure your trust is operating properly.
• Attendees will hear a legal explanation of Industry Funds and how this guide and its templates can streamline and improve local association practices with their funds & trustees.
• Best practices and uses of funds will be identified, as well as questionable practices which could jeopardize your funds.
  LMCCs are often created between labor & management for a specific purpose but as time passes
  confusion can set in and trustees begin to ask – Why does this fund exist? What can this fund pay for and
  what should we do with all of this money?

For more information click here.

Cybersecurity, a term that used to loiter in the background of the IT guy’s job description, has been pulled to the forefront as cyber attacks and information data breaches occur with increasing frequency. With today’s constantly emerging technology and infrastructure changes, it can be difficult for company leaders to ensure that their data and employees are safe from cybercriminals. A cyber attack is never a question of if, but when, it will occur.

This interactive discussion, presented by ROI-NJ, will cover a variety of topics, including:

Data management and governance
Emerging technology and infrastructure changes
Increased adoption of the Internet of Things (IoT)
Investing in cybersecurity: AI, employee training and more
Malware disruptions and data breaches
Catching up: Small businesses are now at risk more than ever
New regulations inevitable: How they may affect your business

Panelists

• Robert W. Koar, Senior Managing Director, Sterling National Bank
• Robert W. Anderson, Esq., Cybersecurity & Data Privacy Co-Chair at Lindabury, McCormick, Estabrook & Cooper, P.C.
• Robert Stramara, Chief Operating Officer, NJMEP

For more information or to register click here.

The Office of Continuing Education at Union County College is offering a 3-hour program, Introduction to Cannabis. The program will cover the current state of cannabis in New Jersey, including its Request for Applications for up to 108 new businesses to serve the state’s medical marijuana program, its plans for broader legalization, and lessons that can be learned from states with more mature cannabis markets.

Nicole Maguire is among a number of professionals speaking at the event’s three hour workshop that is open to the public, including professionals, entrepreneurs, students and local government officials.

For more information or to register click here.

Collecting the funds that are owed to your plan is a complicated task, and in this economic environment you cannot afford to ignore your collections program. James K. Estabrook is presenting on the topic of The Challenges of Withrawal Liability which examines the challenges your plan faces with collections and withdrawal liability, including:

• Full vs. partial withdrawals
• Withdrawal liability calculations and payments
•  Impact on bargaining, organizing and business transactions
•  Multiemployer exemptions—Construction and entertainment
•  Successor employer exemptions

For more information click here.

Elizabeth Candido Petite, a member of Lindabury’s Wills, Trusts & Estates practice group is interviewed by Faith Saunders of Princeton TV for her series; “Discover a New Future.” Elizabeth and Faith discuss powers of attorney, advance directives for health care, and the consequences of not planning for incapacity during one’s lifetime. Among the questions Elizabeth answers are:

• What is a power of attorney?
• Why do I need one?
• Who should I name as my attorney-in-fact?
• When does my power of attorney become effective?

To watch this interview click here.

To view Elizabeth and Faith’s discussion on wills, click here.

Eric Levine, co-chair of Lindabury, McCormick, Estabrook & Cooper’s Cybersecurity and Data Privacy practice group has been named to Rutgers’ faculty to instruct current and aspiring managers from any industry, vertical or business function with a desire to institute data-driven strategies.

Strongly consider this program if you would like to:

• Understand how the Data Explosion is Changing the Business Landscape
• Increase ROI for your Organization by Leveraging Data Already Being Collected
• Implement a Data Life Cycle from Collection to Operationalization
• Learn to Manage and Lead Data-driven Projects, in Addition to Managing and Leading Data-driven Teams

For more information or to apply click here.

Medical and Recreational Marijuana — What Employers and Funds Should Know

Elizabeth Manzo is speaking at the Health Care Management Conference regarding shifts in laws across the country and how carefully health plan sponsors and employers must consider their policies related to marijuana, regardless of the laws in the states in which they operate. This session will cover legal considerations, drug testing, workplace safety and health plan coverage concerns to ensure policies are clear and to lower the employer/fund’s risk.

For more information click here.

Lindabury, McCormick, Estabrook & Cooper, The Branna Agency and Selective Insurance Company hosts this complimentary seminar providing guidance on the usage of EPLI and internal controls to mitigate claims in the era of #MeToo and #TimesUp.

Topics to be discussed include:

• The need to EPLI and what your policy should cover
• Who is covered by your policy and who are potential claimants?
• Examples of “wrongful acts”
• Establishing procedures for reporting claims of harassment, discrimination and more
• Best practices for conducting an internal investigation of employee claims
• Safe harbor protection of ongoing anti-harassment training

Registration, breakfast and networking begin at 8:00 am.

To register click for this complimentary breakfast seminar click here.

Elizabeth Candido Petite, a member of Lindabury’s Wills, Trusts & Estates practice group is interviewed by Faith Saunders of Princeton TV for her series; “Discover a New Future.” Elizabeth discusses some common issues concerning wills, trusts, and what happens to one’s property upon death. Among the questions Elizabeth answers are:

• Who gets my property if I die and do not have a will?
• Who can write a legally binding will?
• Can I disinherit my spouse or my children?

To watch this interview click here.

To view Elizabeth and Faith’s discussion on powers of attorney, click here.

James K. Estabrook is speaking to members of the Sheet Metal and Air Conditioning Contractors Association (SMACNA) providing a legal update on current legislation and employee benefit issues.

Members of Lindabury’s Labor & Employment practice group address business owners, nonprofit directors and human resource professionals who are continually challenged by complying with new laws, adjusting to new trends and finding quality employees as they manage their organization.  This conference will help attendees navigate the curves in the ever changing area of human resource practices.

Topics to be addressed include:

• Employment Agreements- New Legislation is a Game-changer for Employers
• Anti-Harassment Workplace Policies & Training
• Marijuana & Your Workforce – Update on Medical Expansion & Legislation
• Employee Classification – Exempt or Non-exempt….That is the Question
• Out of Network Consumer Protection & Cost Containment Accountability Act
• How the Changing Tide of Restrictive Covenant Law Impacts You

To register click for this complimentary breakfast seminar click here.

Collecting the funds that are owed to your plan is a complicated task, and in this economic environment you cannot afford to ignore your collections program. James K. Estabrook is presenting on the topic of The Challenges of Withrawal Liability which examines the challenges your plan faces with collections and withdrawal liability, including:

• Full vs. partial withdrawals
• Withdrawal liability calculations and payments
•  Impact on bargaining, organizing and business transactions
•  Multiemployer exemptions—Construction and entertainment
•  Successor employer exemptions

For more information click here.

James K. Estabrook is speaking regarding Withdrawal Liability at the 2019 Minnesota Construction Summit, sponsored by the Associated General Contractors of Minnesota (AGC) and the International Foundation of Employee Benefit Plans.

For more information click here.

Lindabury’s Cybersecurity & Data Privacy practice group co-chair, Eric Levine is presenting to attendees at The Bar Foundation of Union County’s  upcoming seminar; “On the Ground and in the Cloud: Cyber Security in Real Estate Transactions”.  Eric is addressing legal issues related to real estate transactions in the current cyber-climate.

For more information or to register click here.

Issues addressed at this conference include the duties and responsibilities of industry improvement fund trustees, communicating with fund contributors, financial administration and objectives of a fund, industry education/promotion, and a fund’s long-and short-range objectives. Roundtable and panel discussions provide information on existing programs that are supported by industry improvement funds.

Jim Estabrook and Elizabeth Manzo will be addressing Industry Fund Legal Updates:

•  Review and Update of the Key Elements of the Industry Funds Operations Guide
•  Vexing Problems for Industry Fund and Employee Benefit Fund Trustees
•  Drugs and the Workplace:  Opioid Crisis and Medical Marijuana

For more information click here.

Lindabury’s Cybersecurity & Data Privacy practice group co-chair, Eric Levine, is among a panel of speakers at NJ NAIOP’s “Building a Better NJ: Future Proof Your Buildings”.  Eric’s panel is addressing legal issues related to leasing, insurance and liability in the current cyber-climate.

For more information or to register for this informative program click here.

Eric Levine, co-chair of Lindabury, McCormick, Estabrook & Cooper’s Cybersecurity and Data Privacy practice group has been named to Rutgers’ faculty to instruct current and aspiring managers from any industry, vertical or business function with a desire to institute data-driven strategies.

Strongly consider this program if you would like to:

• Understand how the Data Explosion is Changing the Business Landscape
• Increase ROI for your Organization by Leveraging Data Already Being Collected
• Implement a Data Life Cycle from Collection to Operationalization
• Learn to Manage and Lead Data-driven Projects, in Addition to Managing and Leading Data-driven Teams

For more information or to apply click here.

Effective October 29, 2018, the New Jersey Earned Sick Leave Act allows employees to accrue earned sick leave, up to 40 hours each year.  John Schmidt discusses the details of the new law as well as:

• FMLA
• NJ Paid Leave Act
• NJ Equal Pay Act
• Employee Handbooks

Business owners, nonprofit directors and human resource professionals are continually challenged by complying with new laws, adjusting to new trends and finding quality employees as they manage their organization.

This conference will help you keep your business ahead of the curve in the ever changing area of human resource practices. You will learn a wealth of information at this program including:

• How to comply with New Jersey’s latest law changes on paid sick leave and pay equality
• Recent trends in HR that you can utilize in your business or organization
• Utilizing apprenticeship programs to develop potential future employees
• Learning about internet resources that can assist with recruiting
• The benefits of prescreening employees to ensure they are the best fit for the job
• Asking the right questions during the interview process to increase your success rate

Seminar Presenters:

New Developments in HR

• Kathleen Connelly, Lindabury, McCormick, Estabrook & Cooper
• Cristina Amyot, EnformHR
• John Martinez, U.S. Department of Labor

Best Practices in Recruiting & Retention

• Amy Warner, ICIMS
• Dr. Jared Schulman, Hackensack Meridian Health
• Kathleen Abatemarco, USA Today Network/Asbury Park Press

For more information or to register click here.

Elizabeth E. Manzo addresses members of the New Jersey Subcontractors Association on the medical and recreational uses of marijuana that New Jersey’s Sub-Contractors need to know.

Attendees Will Learn:

• The status of and requirements under New Jersey’s medical and (proposed) recreational marijuana laws.
• What should be done if an employee presents a medical marijuana card?
• Can zero tolerance drug testing policies be enforced?
• What are the consequences of failure to accommodate a qualified medical marijuana user?
• Can an employee be terminated for “recreational” use during non-working hours off premises?

For more information or to register click here.

Cybersecurity & Data Privacy practice co-chairs, Eric Levine and Robert Anderson provide insight as to the most important things a business can do to reduce their risk should a cyberbreach occur.

Businesses have a major need to assess their own cybersecurity risks, and to openly exchange internal information within the company to effectively address and mitigate an actual breach situation. One of the most important things to do is to regularly conduct an investigation to understand what the business’ cybersecurity defense weaknesses and vulnerabilities may be. Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege.

The overriding principle of using privilege is straightforward: to protect your organizations investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.

To view the on demand webinar click here.  (registration may be required)

James K. Estabrook is speaking at the 64th Annual Employee Benefits Conference in New Orleans. Jim is moderating and participating as a co-speaker for the ” Addressing Collectively Bargained Benefits” presentation.

Topics to be addressed include:

• Timing of contract negotiations
• Use of plan consultants
• Monetizing the benefit package
• Plan design changes
• Allocating assets to pension/health/apprenticeship/wages

Elizabeth E. Manzo is speaking at the 64th Annual Employee Benefits Conference in New Orleans.  Elizabeth is presenting at the “New Equal Opportunity for Apprenticeship Programs”  session on the Impact of Recent Regulations Impacting Training Funds including:

• Status and impact of EEOC regulations
• Delivery of anti-harassment training
• Update on newly formed Task Force on Apprenticeship Expansion
• Federal outlook for training funds

While remote access allows for greater efficiency by providing offsite employees access your network, it also increases the risk of cyber intrusion. Businesses providing remote access must understand how to safely implement these programs. Learn about remote access policies including BYOD (bring you own device) and “least privilege”, utilizing remote desktops and how to create hard to crack passwords.

Presented by Robert Anderson, Lindabury’s  Cybersecurity & Data Privacy Practice Group Co-Chair, and John Kalli, CEO of  Trinity Worldwide Technologies, LLC.

View this recent webinar here.

This seminar takes a hands-on, practical approach for compliance with New Jersey’s new impending paid sick leave requirements, and eight other leave laws.  Kathleen Connelly is among panelists who will explain the laws, how they interact, and provide tips on updates needed to your existing policies, to avoid lawsuits, penalties, and fines.

For more information or to register click here.

Elizabeth Manzo addresses issues employers may face when considering local and federal rules concerning medical marijuana and the failure to accommodate a qualified medical marijuana user for disability discrimination at the Gateway Warehouse Association’s 2nd Quarterly Meeting.

On May 2, 2018, Governor Murphy signed New Jersey’s first state-wide paid sick leave act into law, pre-empting all local ordinances in favor of uniform paid sick leave requirements. The act becomes effective on October 29, 2018.

Although most employers provide some measure of paid time-off benefits, they must nevertheless ensure that existing policies meet the minimum requirements of the new paid sick leave act. For those employers who do not provide any paid time off benefits for sickness, they will now be required to do so for those absences that fall within the law.

Employment law attorneys, John Schmidt and Kathleen Connelly will provide guidance as to how to prepare now to ensure your policies and practices are compliant with the Act.

Topics:

• Coverage
• Accrual of Paid Sick Time
• Carry Over of Accrued Paid Sick Time
• Use of Paid Sick Leave
• Notice Requirements
• Payout of Accrued Sick Time
• Record Keeping, Posting Requirements, and Violations
• What to Do Now

To register please RSVP by June 13th to events@lindabury.com

Cybersecurity & Data Privacy practice group Co-Chair, Robert Anderson, has been invited as a panel member to speak at the 2018 NJBIA Cybersecurity Summit.  NJBIA’s Annual Cyber Summit is the forum for technology leaders and business executives who are seeking the latest tools, information and insights to unlock real value and help their business grow.

Bob will discuss how a business can minimize their cyber-risks of remote employees. While remote access allows for greater workforce efficiency it also increases vulnerability to cyber intrusion. Businesses providing remote access need to understand how to implement these programs safely.

This session will address the creation of remote access policies including:

• BYOD (bring your own device)
• The principle of least privilege
• Best practice advice regarding the use of virtual private networks
• Public WiFi
• Identifying social engineering attempts

Understanding that employees often are the first and best line of defense against cyber criminals, the role that effective and regular cybersecurity training plays in protecting businesses from attack will be discussed.

For more information or to register click here.

United Way of Greater Union County’s Annual Celebration to Honor Community and Business Leaders

The Annual Celebration recognizes local leaders in philanthropy, business, and advocacy who share United Way’s mission of service. United Way of Greater Union County (UWGUC) created the event as a way to recognize community and business leaders who are committed to making communities stronger and improving the odds for children and families. Proceeds will benefit programs and services funded by UWGUC.

Nicole A. Kobis, a family law attorney with Lindabury, McCormick, Estabrook & Cooper, P.C., will be honored as a Rising Star Recipient at this year’s United Way of Greater Union County’s Annual Celebration.

For more information on the UWGUC event or to purchase tickets, please visit The United Way of Greater Union County’s website or contact Melanie McLaurin at 908.353.7171, ext. 104.

Lindabury hosted the Black Business Alliance Chamber of Commerce‘s (BBA) monthly meeting.  The BBA provides training, networking, business support and opportunities for members.  This month’s education topics were provided by members of Lindabury’s Labor & Employment group.

Topics:

John Schmidt – Paid Sick Leave:
On May 2, 2018, Governor Murphy signed New Jersey’s first statewide paid sick leave act into law, becoming effective on October 29, 2018. Learn what employers will now be required to do to be legally compliant.

Lisa Gingeleskie – Sexual Harassment / Internal Investigations:
The practice of conducting workplace investigations is often the best way to avoid litigation, as employees who feel their employers have heard their complaints and taken appropriate action are typically less likely to seek redress in court.

Jim Estabrook – State and Local Tax (SALT) Deductions:
Learn how the reduced state and local tax deduction will affect businesses.

Elizabeth Manzo – Medical Marijuana
What employers need to know about employee drug testing and accommodating employees who are approved medical marijuana patients.

Mandatory statewide paid sick leave and a new law requiring employers to actively justify differences in salaries are just two of issues that will affect your workplace this year. Lindabury’s Employment Law practice group leader, John Schmidt is speaking at this NJBIA seminar which will provide a roadmap for complying with these new laws and understanding what’s on the horizon for other hot topics like immigration and I-9 compliance. Real-life case studies and overviews of recent court decisions will be provided to protect you from lawsuits, fines, and other costly mistakes.

For more information or to register click here.

Every June, over 150 attorneys attend NJICLE’s Annual Hot Tips in Labor and Employment Law Seminar at the New Jersey Law Center to hear some of New Jersey’s leading labor and employment practitioners share practical “hot tips”about techniques they use to successfully handle employment matters. Lindabury’s Labor & Employment practice group co-chair, John Schmidt, will be speaking again at this year’s seminar on the topic of  New Jersey Conscientious Employee Protection Act (CEPA).

For more information or to register for this seminar click here.

Elizabeth Manzo is speaking at the Metro Women’s Leadership Summit on June 1, 2018 in Newark, NJ, on the topic of marijuana.  This session highlights insightful and not to be missed discussion about one of the hottest topics in New Jersey. Learn everything about the state’s marijuana legislation, employment concerns, and cannabis industry.

To register for this event click here.

Elizabeth Manzo is among panel of speakers invited by The Bar Foundation of Union County discussing issues concerning Elder Law and Trusts & Estates.

Elizabeth addresses medical marijuana issues impacting the elderly and disabled.

• The status and existing conflict between state and federal marijuana laws.
• What New Jersey’s Compassionate Use Medical Marijuana law provides.
• Problems which exist between federal funding under Medicaid/Medicare and N.J. nursing home residents who seek qualified medical marijuana care.
• Recent lawsuits requiring accommodation for medical marijuana users under state disability statutes.

For additional information or to register click here.

Internal investigations by employers into allegations of unlawful harassment and other workplace misconduct are becoming more common. The practice of conducting workplace investigations is often the best way to avoid litigation, as employees who feel their employers have heard their complaints and taken appropriate action are typically less likely to seek redress in court. Employment attorneys, Kathleen Connelly and Lisa Gingeleskie provide guidance as to how effective workplace investigations can play a crucial role in developing a comprehensive defense against potential claims of liability.

Please RSVP by May 3, 2018 to events@lindabury.com

The Superior Court of New Jersey Union Vicinage presented the Union County 18th Annual Continuing Education Mediation Seminar at which Hon. John M. Boyle, JSC (Ret.) spoke about techniques, strategies & unique issues which may arise during mediation.

Trusts and Estates attorney Elizabeth C. Petite and William P. LaPiana, Associate Dean of New York Law School, are co-speakers on the topic of  ACTEC’s New Model Engagement Letters: Promoting Competent and Ethical Representation of Clients where they discuss the Practitioner’s Guide to Engagement Letters issued by ACTEC (American College of Trust and Estate Counsel). Together they focus on 3 sample engagement letters: estate planning for a married couple, entity formation, and estate administration, as well as discussing representing a client with diminished capacity.

The latest status of medical & recreational marijuana laws has many concerned that they may be at risk of risk of violating federal law.  Elizabeth Manzo is addressing these concerns and providing insight regarding:

• Zero tolerance drug testing policies for apprentices.
• Consequences due to failure to accommodate a qualified medical marijuana user.
• What should be done if an apprentice or employee presents a medical marijuana card?
• Can an apprentice be terminated for “recreational” use during non-working hours off premises?

For more information, click here.

In the ongoing backlash against sexual misconduct in the workplace signified by #MeToo, every business is reminded of the importance of protecting itself against the unthinkable: a sudden reputation crisis that could cause lasting – or even fatal – damage.

The misconduct of a single employee, sexual or otherwise, can unleash a frenzy of public outrage that will test the leadership and communication skills of even the most seasoned executives. An unanticipated crisis can hit at any time. No organization is immune.

Join Lindabury employment law partner, Kathleen Connelly, as she joins Jon Goldberg, founder and Chief Reputation Architect of Reputation Architects Inc., as a panelist to explain how legal counsel and PR counsel can work together to manage the best possible outcomes in the event of a crisis at your company.

For more information or to register for this event click here.

Robert Anderson, co-chair of Lindabury, McCormick, Estabrook & Cooper’s Cybersecurity and Data Privacy practice group has been named to Rutgers’ faculty to instruct current and aspiring managers from any industry, vertical or business function with a desire to institute data-driven strategies.

Strongly consider this program if you would like to:

• Understand how the Data Explosion is Changing the Business Landscape
• Increase ROI for your Organization by Leveraging Data Already Being Collected
• Implement a Data Life Cycle from Collection to Operationalization
• Learn to Manage and Lead Data-driven Projects, in Addition to Managing and Leading Data-driven Teams

For more information or to apply click here.

Andy Gibbs, a member of Lindabury’s Cybersecurity & Data Privacy practice group will be presenting to the Union County Bar Association members on the topic of Law Firm Cybersecurity.   He will be joined by Scott Clark, Lindabury’s Director of Information Technology and Rob Kleeger of Digital4nx.

Topics to be addressed include:

• Preparedness– Recognizing the type(s) of data your company collects and maintains is instrumental when determining the organization’s legal obligations once a cyber breach takes place.
• Employee Training–  An effective cybersecurity training program is designed around the concept that everyone has a role to play in protecting a firm’s assets, and no role is more important than any other.
• Responding To a Data Breach– The specific action items for each step of a breach response protocol should be documented in a firm’s cybersecurity and data privacy policy and procedures manual.
• Insurance Coverage– A complete understanding of a firm’s insurance program is key to maximizing protection against cyber risk.  Firms should assess the various cyber risks facing their organizations, review the adequacy of existing insurance policies, analyze and compare alternative insurance products, and negotiate cyber insurance policy placements.
• Common Types of Cyber Attacks – Learn how to identify them and how to avoid them.

For more information or to learn how to register please contact our office directly.

Cyberattack: It’s not a matter of if, it’s a matter of when.

ROI-NJ has invited Lindabury’s Cybersecurity & Data Privacy practice group leaders to be among a panel of industry experts to discuss a variety of cybersecurity issues and challenges companies are facing, including:

• Preventing and detecting cyberattacks
• Dealing with a cybersecurity breach
• Understanding litigation options
• Breaking down insurance option
• Cloud and data protection
• The impact of artificial intelligence

For more information or to register for this event click here.

Elizabeth Manzo addresses members of the Linden Industrial Association regarding  medical marijuana, the proposed legislation regarding recreational marijuana and the resulting impact on businesses.

Eric Levine, Co-Chair of Lindabury’s Cybersecurity & Data Privacy practice group addresses leading security professionals at ASIS International’s Northern New Jersey Chapter XIII, monthly meeting.

For additional information or to register, click here.

60% of small to mid-sized businesses who experience a cyber attack are out of business within six-months. This webinar will outline common cybersecurity threats and provide guidance on specific steps you can take to protect your business from cyber criminals.

You will learn:

• To evaluate your business’ cybersecurity risk
• To identify the “crown jewels” of your company’s data
• To develop procedures for responding to a cyber intrusion
• To evaluate cyber insurance policy coverage

View this recent webinar here.

Labor and Employment practice group chair, John H. Schmidt, Jr. will be speaking at New Jersey Institute of Continuing Education’s Labor and Employment Law Forum 2018. This program is well attended by many of New Jersey’s most active L&E attorneys. John will be addressing recent developments regarding Restrictive Covenants. Attendees will receive practical, useful information that can be put into practice immediately.

For more information or to register for this informative seminar which has been approved for NJ, NY and PA CLE credits click here.

Rights and Wrongs of Contract Negotiations

Jim Estabrook and Elizabeth Manzo present at the Unity Conference in Orlando, Florida.  An annual meeting that brings signatory contractors together to discuss the trends and business concerns impacting this industry.  Jim and Elizabeth presented on the topic of contract negotiations including:

• Collective Bargaining
• National Labor Relations Act
• Unfair Labor Practices
• Employers Unfair Labor Practices
• Union Unfair Labor Practices

as well as processes, procedures and other advanced topics.

In the state’s eyes, filling out a 1099 does not automatically make someone your contractor rather than your employee. At a time when the New Jersey Department of Labor is expected to begin cracking down on overtime pay and the use of independent contractors, this seminar will arm you with the tools you need to make the right decisions when it comes to minimum wage, overtime, record keeping, and a host of other common wage pitfalls.  Lindabury’s Employment Law Group practice leader, John Schmidt, has been invited, by NJBIA as a panelist, to discuss the importance of Maintaining Audit-Proof Records should your business face a DOL audit.

Discussion Topics:
• How & When to Compensate
• Avoiding Common Wage Traps
• What You Should Know About 1099s
• Maintaining Audit-Proof Records

Click here for more information or to register for this informative seminar.

The #MeToo movement has unleashed claims of workplace sexual harassment across all industries and shows no signs of fading with the New Year.  Employees have found their voices as a result of #MeToo and employers can expect an uptick in allegations of sexual harassment in the workplace. However, many employers’ anti-harassment programs are outdated, or worse, non-existent. To further complicate matters, many employers are unaware of the actions they must take to avail themselves of critical legal defenses in the event of a charge of workplace harassment.

Join Kathleen Connelly, a seasoned attorney with over 25 years of investigating and defending claims of sexual harassment, for an informative webinar discussion of how the #MeToo era will affect your workplace and what actions you can take in order to prevent harassment claims.

To view this recent NJBIA webinar click here.

It seems that the dawn of each new day brings with it new allegations of improper sexual misconduct. Accusations have not been isolated to a specific industry, as celebrities, media personalities, government officials and business leaders have all been thrust into the public discussion of what is and what is not acceptable workplace behavior.

Employers need to appreciate that heightened awareness of workplace harassment has created an environment ripe for claims of sexual harassment against the company, its executives and managers. Allegations, even if unfounded or proven false, can be devastating to a business and cause lasting irreparable harm. It doesn’t take a well-known or high profile figure to destroy your company’s engaged workforce, public image and client relationships.

Join Lindabury’s Labor & Employment Group on January 17th,  for a discussion that will arm you with the tools you need to prevent harassing behavior in your organization.

Click Here to Register

January 17, 2018
8 AM Registration & Breakfast; 8:30 -10 AM Program

A panel of insurance claims experts, including Lindabury’s Andy Gibbs,  examines the current state of adjusting and disaster response, and how the new claims tools are performing.

Click here to view highlights from this recent webinar.

Issues addressed at this conference include the duties and responsibilities of industry improvement fund trustees, communicating with fund contributors, financial administration and objectives of a fund, industry education/promotion, and a fund’s long-and short-range objectives. Roundtable and panel discussions provide information on existing programs that are supported by industry improvement funds.

Jim Estabrook and Elizabeth Manzo will be addressing the following topics:

•  Review and Update of the Key Elements of the Industry Funds Operations Guide
•  Vexing Problems for Industry Fund and Employee Benefit Fund Trustees
•  Drugs and the Workplace:  Opioid Crisis and Medical Marijuana

For more information click here.

Lindabury shareholder, James Estabrook, is among panelists invited by the New Jersey Business and Industry Association to discuss potential legal pitfalls and provide suggestions for how to avoid or mitigate your personal liability when making employment decisions.

Discussion Topics:

• Are you a Fiduciary?
• When Payroll Mistakes Get Personal
• Leave Mistakes that Can Cost You
• Discharge, Harassment, Discrimination and the Rest

To register for this NJBIA event, click here.

Jim Estabrook and Elizabeth Manzo will be speaking at the International Foundation of Employee Benefit Plans Construction Industry Benefits Conference.

There is a flurry of legal and legislative activity that professionals need to be aware of.  Jim and Elizabeth will provide an overview of key laws, regulations and court cases that may impact your plan.

Topics will include:
• NLRB
• Prevailing wage and right-to-work
• Fiduciary responsibilities
• Vacation PTO/sick time
• EEOC regulations
• Drug testing

For more information or to register click here.

Lindabury’s Andy Gibbs is among panelists for A.M. Best and Best’s Insurance Professionals & Claims Resource webinar in which adjusters and other claims professionals will examine the claims response to recent storms, including the role of drones, sensors, new data sources and other tools to gather data, investigate cases and adjust claims. The webinar also looks at related regulatory, legal and privacy issues.

This webinar’s panelists include:

Andrew Gibbs, partner, Lindabury, McCormick, Estabrook & Cooper, P.C.
Kenneth Cook,  EagleView Technologies, Inc.; Ed Bowman,  The Cumberland Insurance Group; Brooks DeMio, AmeriClaim; and Best’s Insurance Professionals Managing Editor John Czuba will help moderate the discussion, along with Senior Associate Editor John Weber.

Click here to view this recent webinar.

Together with Gateway Regional Chamber of Commerce we will provide an informative session allowing you to learn the legal ways to ensure your company’s continued success by avoiding lawsuits and common mistakes that can cost you time and money and negatively affect employee morale. Our panel of employment attorneys will provide practical information that can be implemented in your organization.

Topics that will be covered in this presentation include:

• Do your interview and hiring practices comply with New
  Jersey’s “Ban the Box” regulations?
• Managing employee performance issues
• Employee accommodations including religious beliefs and the
  Americans With Disabilities Act
• Compliance with wage theft and paid sick leave laws
• Practical approaches to record keeping and responding to
  Department of Labor audits
• Are you using non-disclosure or restrictive covenant
  agreements? If not, learn why you may want to

Speakers will include John H. Schmidt, Kathleen M. Connelly and
Lisa Gingeleskie of Lindabury’s Employment Law group.

To register for this event click here.

Join Lindabury attorneys for an afternoon of educational programming designed to enhance your understanding of legal issues impacting New Jersey’s business community.

Participants can earn up to 4 continuing professional education (CPE) credits.

Topics will include:

• Cybersecurity & Data Privacy
  Planning for, responding to & mitigating damage from cyber attacks
  Robert Anderson, Andy Gibbs and Eric Levine
• Smart Growth Through Redevelopment
  Planning opportunities, environmental concerns & financing programs
  David Pierce, and Monica Vir
• Building New Jersey
  Protecting payments on public & private projects
  Greg Vitali
• Nonprofit Governance
  Overview of federal & state employment laws impacting nonprofits
  Elizabeth Engert Manzo and John Schmidt

Seating for this event is limited, please register today at CPEMarathon.com

Jim Estabrook and Elizabeth Manzo will be speaking at the International Foundation of Employee Benefit Plans 63rd Annual Employee Benefits Conference in Las Vegas, NV.

Jim is moderating and participating as a co-speaker for the “Mergers, Spin-offs and Partitions in a PPA and MPRA Environment” presentation.

Topics to be discussed addressed include:

• When do you search for a partner?
• What are the practical considerations and issues on both sides of the merger?
• How do you handle unfavorable projections?
• What are the withdrawal liability implications?
• Financial assistance mergers

Elizabeth is speaking at  “A Cost/Benefit Look at Wellness Programs” presentation.

Topics to be discussed include:

• Determining goals and integrated well-being
• Measuring effectiveness/success/savings
• Incentives: Yay or nay?
• Keeping up engagement
• There’s an app for that!
• Assuring compliance with ADA, GINA and HIPAA
• Trends in wellness

For more information or to register click here.

Jim Estabrook will be speaking at the NECA 2017 Eastern Region Managers’ Conference on the topic of multiemployer pension plan issues and trends.

Robert Anderson, co-chair of Lindabury’s Cybersecurity & Data Privacy Group,  has been invited to participate as a panelist at Union County’s “Ask the Experts” event. “Ask the Experts” is a panel discussion lead by successful, knowledgeable professionals who share their knowledge with business people and entrepreneurs.  Mr. Anderson will answer business owners’ questions concerning cybersecurity dangers and protections, buying and selling a business, and corporate law matters.

For more information or to register for this event click here.

Trends in Workplace Drug Screening and Policy Pitfalls Impacting Employers

Lisa Gingeleskie, Esq., member of The Labor & Employment Law Group at Lindabury, McCormick, Estabrook & Cooper, P.C.,  invites you to attend an informative webinar to aid you in workplace drug screening and policies regarding your employees.

Topics to be discussed:

• What your drug testing policy should include
• When drug testing is appropriate
• ADA and LAD compliance regarding drug testing policies

Q&A session immediately following discussion.

For more information or to register click here.

https://www.youtube.com/watch?v=iVA_NJGY1Y8

Understanding and managing cyber risks have become top priority for leaders in business and government. Now more than ever, a cyber attack is an omnipresent threat, requiring organizations to fully appreciate the risks and the steps needed to mitigate them.
Eric Levine, Esq. and other industry experts share their views on the latest technological trends and weigh in on the issues that businesses are facing in cybersecurity.

Agenda
8:00am Breakfast and Networking
8:30am Welcome remarks
8:35am Panel Discussion
9:30am Questions and Answers
10:00am Closing Remarks

For more information or to register click here.

Join Lindabury attorney, Lisa Gingeleskie, Esq.  as she discusses ever increasing demands on human resources in terms of integrating new technology, managing millennials, ensuring operational effectiveness, and refining total rewards packages.

Register to stay ahead of the curve and make the critical changes your organization needs.

For more info, contact NJBIA Events at 1-800-499-4419, select option ‘2’.

Join James Estabrook and Elizabeth Engert Manzo for a webcast to help you prepare for the latest EEOC regulations on apprenticeship programs. The presentation will cover:

• New Equal Opportunity Standards
• Stronger Equal Opportunity Compliance Reviews & Enforcement Actions
• Enhanced Record Keeping Procedures
• New Affirmative Action Programs
  • Utilization Goals
  • Targeted Outreach, Recruitment & Retention

For more information or to register click here.

Lindabury, McCormick’s Cybersecurity and Data Privacy Practice partner Eric Levine will be a panelist for the New Jersey Business and Industry Association’s 2017 Cybersecurity Summit on April 21,2017.  This seminar will present real-life case studies and a discussion of pressing issues in cybersecurity. IT managers, C-Suite and business owners will benefit from learning the damaging impact of cyber-attacks. In addition, overviews of recent state and federal legislation will be offered in an effort to protect employers from future lawsuits and other costly mistakes. Attendees will leave with resources to handle breaches and action steps to better prepare themselves against digital threats.

For more information or to register click here.

Lindabury’s Ross R. Anzaldi attended the America Needs You NJ Cocktail Party and Live Auction to provide transformative mentorship and intensive career development to ambitious first-generation college students.  Each student receives support of mentor coaches who help the students to set goals and stay on track academically and professionally.

John Schmidt, Esq. and Lisa Gingeleskie, Esq., members of The Labor & Employment Law Group at Lindabury, McCormick, Estabrook & Cooper, P.C. invite to you to attend an informative seminar as they assist you in identifying and preparing for important issues that employers face.

Topics to be discussed:

• Steps to comply with new wage theft and paid sick leave laws
• Updating your hiring practices to comply with new background check laws
• Accommodate religious beliefs in workplace
• Implementing your wellness plan to comply with new EEOC rules
• Practical approaches in responding to DOL audit

RSVP: events@lindabury.com

The Honorable Ross R. Anzaldi has been selected by Rutgers University Law Review to participate in a panel at this year’s Annual Symposium. The panel’s discussion will be centered around the practical approach to arbitration agreements and highlighting the professional strategies in Alternate Dispute Resolution in light of current legal developments as well as a discussion of the pros/cons associated with ADR as an alternative to the court system.

A.M. Best and Best’s Insurance Professionals & Claims Resource will host a webinar focused on commercial automobile insurance. This one-hour complimentary event will be on Wednesday, April 5, at 2 p.m. (EDT).

Some insurers are reporting a more difficult market for commercial auto insurance, which remains highly competitive. A panel of insurance and claims experts will examine what is driving litigation and losses, how companies’ underwriting is changing and how ride-hailing services and autonomous vehicles are poised to change the sector.

The webinar panelists include:

Andrew Gibbs, partner, Lindabury, McCormick, Estabrook & Cooper, P.C.

Nathan Edmonds, senior partner, Secrest Wardle;

Mark Vanneste, partner, motor vehicle litigation practice group, Secrest Wardle; and

Kayce L. Gisinger, of counsel, Phillips Murrah.

Best’s Insurance Professionals Managing Editor John Czuba will help moderate the discussion, along with Senior Associate Editor John Weber.

For more information or to register for this event; click here.

Wednesday March 1, 2017
9:00 am – 11:00 am
Registration, Breakfast & Networking starting at 8:30 am

Complimentary Breakfast Seminar
Hosted by the Employee Benefits Group of Lindabury, McCormick, Estabrook & Cooper, P.C.

Are You Ready For:

• New Equal Opportunity Standard
• New Affirmative Action Programs
  -Targeted Outreach, Recruitment and Retention Programs
  -Utilization Goals
• Stronger Equal Opportunity Compliance Reviews and Enfrocement Actions
• Stringent Record Keeping

Speakers Will Include: James K. Estabrook, Esq. and Elizabeth E. Manzo, Esq.

RSVP by February 24, 2017
events@lindabury.com

12:00PM EST Start Time

Presented by: Lisa Gingeleski, Esq.

Social Media in the Workplace – Employer Best Practices In Hiring and Employment

Expand your knowledge and skills by attending this complimentary webinar hosted by the Labor and Employment Group at Lindabury, McCormick, Estabrook & Cooper, P.C.

Topics to be discussed include:

• Anti-discrimination and Lawful Off-duty Conduct Laws
• The Fair Credit Reporting Act
• Password Protection Laws
• Best Practices for Employers
• Disciplining Employees for Social Media Posts and the NLRA
• Employee Rights under the National Labor Relations Act
• What is “Protected, Concerted” Activity”?
• Applying the Meyers Industries Standard
• Employer Liability for Violating NLRA
• Social Media Posts Found Not to be Protected Concerted Activity
• Social Media Policies
• Social Media Harassment

RSVP: events@lindabury.com

This webinar has been approved for 1 Specified Credit Hour: HR General by the HR Certification Institute.

https://www.youtube.com/watch?v=rmvOuD6DuJU

Lindabury’s Jay Lavroff recently participated as a panelist on a webinar hosted by A.M. Best and Best’s Insurance Professionals & Claims Resource. The topic of the webinar was the legal complexities of construction liability.

Building is up across the nation, but jobs have gotten more complex with more of the work being outsourced and compartmentalized. That’s led to a mesh of claims and cross-claims involving subcontractors, engineering firms, consulting firms and others. A panel of industry experts will discuss where the complexity is arising, how to head off misunderstandings and what court decisions are saying about the future of construction liability.

You can watch the webinar here. (Free registration with A.M. Best is required)

This fast-paced half day seminar covers all of the stages in an employee’s career: recruitment, interviewing, setting the employment terms, performance issues, termination, and transition. Learn the legal ways to ensure your company’s continued success by avoiding lawsuits and common mistakes that can cost you time and money and affect employee morale.

For more information or to register for this event, click here.

David Pierce will present information at the National Business Institute’s seminar on Partnership and Shareholder disputes.  This seminar is billed as a complete guide to ownership conflicts in family-owned and closely-held businesses.

David will present information in two sections of this day-long program.  The program will begin with David’s outline of when and how disagreements become legal disputes.  The program will conclude with his discussion of resolving disputes and what winning can look like.

Topics to be discussed in each of David’s presentation include:

• Range of definitions of shareholder oppression
• Fiduciary duties
• Wrongful termination of shareholder-employee
• Self-dealing
• Right to inspect books and records
• Theft of corporate opportunities
• Range of potential court remedies
• Negotiating a favorable buy-out
• Re-drafting operating and shareholder agreements
• Entity dissolution

You can register to attend this seminar here.

Elizabeth Manzo and James Estabrook will be presenting at the 2016 MCAA Industry Improvement Funds Conference held at the Long Boat Key Club & Resort, Florida.

Lindabury, McCormick, Estabrook and Cooper’s Construction Practice Leader Greg K. Vitali, Esq. will present to the New Jersey Subcontractors Association along with Brian Reingold, CPA , Partner in the Construction Services Group at Wiss & Company, LLP.

Topics to be discussed:

• Improving Cash Flow
• Equitable Subcontract Terms
• Scope of Work
• Scheduling
• Payment Terms
• Work Changes
• Back Charges
• Construction Lien Law
• Mechanics Lien Law
• Bond Act
• Arbitration v. Litigation

Elizabeth Manzo and James Estabrook will be presenting at the 2016 MCAA Industry Improvement Funds Conference held at the Long Boat Key Club & Resort, Florida.

Lindabury Attorney To Speak at MCAA Sponsord Confer

The 62nd Annual Employee Benefits Conference will be held this year at the Orange County Convention Center, Orlando, FL.

Whether you are a trustee, an administrator or an advisor of pension or health and welfare funds, you can count on the Annual Conference to provide the education you need to properly support your employee benefit plans. Your one stop for all things employee benefits, the Annual Conference offers more than 100 educational sessions broken out into focused tracks with actionable solutions.

James K. Estabrook will present  “Update on the Multiemployer Pension Reform Acts.”  This is a level I session, recommended for new trustees which provides a brief summary of the nuts and bolts of MPRA , status of design implementation and benefit suspensions, participant communication and elections, common pitfalls guidance and experiences to date.

He will also present a session highlighting “PBGC Solvency and Solutions.” This is a level II session focusing on: Breadth of failing plans in the multiemployer sector; Are the plans victims of economic conditions and changes? How is PBGC currently funded?  What is the potential impact on premiums resulting from the Multiemployer Guarantee Study? •What is the projected stability of the PBGC? •What’s needed; what’s likely to happen?

Elizabeth Engert Manzo will moderate “Navigating ACA: What Attorneys Need to Know” focusing on;  New regulations,  case law, cadillac tax, employer penalties, creative solutions, planning for the next five years,  and what is the projected stability of the PBGC;  What’s needed; and what’s likely to happen?

She will also present a session regarding “Confronting Insolvency”  outlining the basics of MPRA, working with the PBGC, IRS considerations, Partitions and mergers , 412(e) considerations and Two-hat dilemma.

For more information about this event click here.

David Hardin and Anne Marie Robbins will host a program which provides and introduction to estate planning concepts and basic rules governing federal and state death taxes.  Time permitting, issues including living wills will also be addressed with a question and answer period to follow.

If you would like to register to attend this seminar please contact Maria Nolting at (908) 464-8373 extension 2024.

Lindabury’s Employment Group Chairperson, John H. Schmidt, Jr. will present information on the soon to be enacted Department of Labor employee classification and overtime rules for the New Jersey Business and Industry Association.

This half-day seminar offers comprehensive information on new federal overtime requirements, legally using independent contractors, properly classifying employees, and maintaining clear and accurate wage records. Practical information will also be provided on how to deal with unauthorized work, business trips, commuting time, and a host of other issues.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.3 hours of total CLE credit.

Join Corporate partner Michelle Monte and Dominick Macaro from Volk Insurance as they present information on best practices for those who are seeking to start a business in New Jersey.

The topics Michelle and Dominick will cover include:

1. Corporation Structure/Formation
2. Finances
3. Intellectual Property: Patents, trademarks and copyrights
4. Contracts
5. Insurance Policies
6. Real Estate
7. Human Resources/Employment
8. Advertising

Seating is limited so please RSVP to:

Thomas M. Smith, Principal of Intelligent Office
609-786-2400
tsmith@intelligentoffice.com

James Estabrook will speak at the International Foundation of Employee Benefit Plans Collection Procedures Institute regarding “Understanding Your Fiduciary Responsibilities in Collections”.

This session will consider fiduciary standards relating to your collections program. Topics include: • Understanding your fiduciary responsibility to collect—ERISA standards • Monitoring plan professionals • Prohibited transactions • Duty to audit • Avoiding conflict • Policies and procedures you need to have • DOL position and activities.

Elizabeth Manzo and James Estabrook presented at Trustee Workshop at the UA MCA Trustees Conference held at the Westin in Jersey City, NJ.

Join Lindabury and M&T Bank for a 1-hour seminar geared to existing small business owners that will discuss commonly made mistakes that can kill a business.

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Lead once was used in a variety of construction materials, especially paint. Lead poisoning can be disastrous, if not deadly. A panel of legal and insurance professionals will explore the sources of lead injury claims, developing liability issues, and the industry impact of lead-based claims.

This webinar’s panelists include:

• Phil Pizzuto, Partner; Lindabury, McCormick, Estabrook & Cooper, P.C
• Eileen Buholtz, Attorney/Firm Member; Connors, Corcoran & Buholtz, PLLC
• Brian Hinton, Attorney; Anderson Crawley & Burke, pllc
• Ken Gillespie, Litigation Specialist; Builders Mutual Insurance Company

To attend this webinar you can register here

Elizabeth E. Manzo will be speaking about the robust legal, legislative and regulatory environment surrounding benefits in recent years which has created communication challenges for plan sponsors. This session will focus on:

• Updates on the legal and regulatory activities that impact your communication program
• Pension and health checklist of compliance requirements
• Meeting your obligation without sacrificing your brand

At the Union County 16th Annual Continuing Education Mediation Seminar, the Honorable Judge John Boyle spoke about techniques, strategies & unique issues during mediation.

Join Monica Vir as she presents information on estate planning and charitable giving.  Monica’s presentation will address estate planning & charitable giving through the use of charitable IRAs and other planning tools.

Attendees will leave with an understanding as to how these variouys planning tools can help individuals provide for their families and favorite charities.

James Estabrook, chair of Lindabury’s Employee Benefits practice will speak at the Quality Alliance National Issues Conference on paid sick leave accrual issues. The event will be held at the Marriot Georgetown Hotel from Tuesday, May 10th through Thursday, May 12, 2016.

Join Lindabury McCormick’s Employment Law Group as they provide insight for employers on their responsibilities when it comes to employee leave and benefit rights. Also to be discussed will be the proper steps to be taken by employers as they investigate and respond to claims of harassment and discrimination in the workplace.

This complimentary breakfast seminar is suited for business owners, office managers, human resources personnel and others responsible for the recruitment, selection, hiring, discipline and termination of employees and staff.

This seminar has been approved for 2 General HR recertification credit hours by the HR Certification Institute.

Registration, breakfast and networking begins at 8:00AM and the educational program will start promptly at 8:30AM. There will be time for audience questions at the conclusion of the program.

Speakers include:

Kathleen M. Connelly, Esq. – Employee Leave and Benefit Rights

Steven Backfisch, Esq. – Responding to Discrimination Claims

Register to Attend Here

On April 7, 2016 Labor and Employment group Co-Chair, John Schmidt will be a featured speaker at the New Jersey Association for Justice’s 2016 Boardwalk Seminar where he will present information on New Jersey restrictive covenants and non-compete agreements.

Employers use many types of restrictive covenants (like non-competes, non-disclosures and post-employment agreements) to guard intellectual assets, trade secrets, customer
information and other business information. These important tools can be vital for a business’s success. However, they must be drafted and executed with care – overly broad agreements or
agreements executed without proper counsel are certain to invite judicial scrutiny, especially during periods of high unemployment, and may ultimately be unenforceable.

Moreover, counsel must always keep damages in mind. While many employment agreement cases start with a request fo r injunctive relief, they can result in significant damages. Both
sides must consider damages when preceding with litigation.

Topics To Be Covered Include

• Recent developments in the enforceability of restrictive covenants in New Jersey
• Preparing and drafting effective and enforceable restrictive covenants
• Concerns on the enforceability of restrictive covenants in foreign
  (outside New Jersey) jurisdictions
• Common Law duties of loyalty and confidentiality
• Quantifying Damages
• Calculating Lost Profits
• Liquidated Damages

On Saturday March 19, 2016 Labor and Employment group Co-Chair, John Schmidt will serve as the moderator of a New Jersey Institute for Continuing Legal Education (NJICLE) seminar focused on restrictive covenants and non-compete agreements.

Employers use many types of restrictive covenants (like non-competes, non-disclosures and post-employment agreements) to guard intellectual assets, trade secrets, customer
information and other business information. These important tools can be vital for a business’s success. However, they must be drafted and executed with care – overly broad agreements or
agreements executed without proper counsel are certain to invite judicial scrutiny, especially during periods of high unemployment, and may ultimately be unenforceable.

Moreover, counsel must always keep damages in mind. While many employment agreement cases start with a request fo r injunctive relief, they can result in significant damages. Both
sides must consider damages when preceding with litigation.

Topics To Be Covered Include

• Recent developments in the enforceability of restrictive covenants in New Jersey
• Preparing and drafting effective and enforceable restrictive covenants
• Concerns on the enforceability of restrictive covenants in foreign
  (outside New Jersey) jurisdictions
• Common Law duties of loyalty and confidentiality
• Quantifying Damages
• Calculating Lost Profits
• Liquidated Damages

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.3 hours of total CLE credit. Of these, 3.3 qualify as hours of credit toward certification in civil trial law.

Labor and Employment group Co-Chair, John Schmidt will be a presenter at the 2016 Labor and Employment Law Forum hosted by the New Jersey Institute for Continuing Legal Education (NJICLE).

John will serve as a panelist during the session discussing Technology Issues in Employment Litigation.  As an attorney representing management in employment litigation matters, John will present information from the perspective of defense counsel.

Every year, over 200 “L&E” attorneys register for NJICLE’s Labor and Employment Law Forum, making it one of the most popularly attended seminars in this area of law.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for ethics/professionalism, and 6.7 qualify as hours of credit toward certification in civil trial law.

The goal of most business owners is to build up the company and sell it when the time is right.

Entrepreneurs and family owned companies ready to expand their business, or begin its change of control or sale, need to ensure the process runs smoothly so as not to disrupt current operations.

Wrong choices at the onset can lead to difficult negotiations, tax disadvantages and deals that do not close. If your company is considering buying or selling, it’s important to understand the differences between the transaction structures available.

Join Lindabury McCormick’s Mergers & Acquisitions Group as they provide insight to business owners, investors, brokers, executives, and other entrepreneurs on important tips and topics of interest covering business deals, contract strategies and investment growth.

Topics to be covered include:

• The Art of the M&A Deal
• Binding Versus Non-Binding Terms
• Deal Focus and Stability
• No-Shop Provisions

Speakers Include:

Robert W. Anderson, Esq.
Monica Vir, Esq.

REGISTER TO ATTEND

Registration and networking starts at 8:30AM and the educational program will begin promptly at 9:00AM.  There will be a 15-minute break midway through the program as well as ample time for all attendees to pose questions to the presenters.

Construction practice leader Greg Vitali will be the presenter at the Professional Women in Construction’s New Jersey Chapter’s Breakfast Education Meeting on Wednesday February 24, 2016.

The seminar, “Liens, Bonds, Contract Disputes & Resolutions” will provide attendees with tips and strategies they can employ to protect their investment when disputes arise in a construction project.

Join Lindabury McCormick’s Employment Law Group as they provide insight for employers on how to handle hiring, firing, and accommodating their employees.

This complimentary breakfast seminar is suited for business owners, office managers, human resources personnel and others responsible for the recruitment, selection, hiring, discipline and termination of employees and staff.

Topics to be covered include:

• NJ’s Final ‘Ban the Box’ Rules – What Can Employers Ask About an Applicant’s Criminal History?
  
• When is it Time For an Employment Contract?
• Employment Handbooks – Why They’re Necessary & What To Include
• Workplace Accommodations – Employer Responsibilities when Managing Disability and Religious Accommodations

Leading this seminar will be:

John H. Schmidt, Esq.
Kathleen M. Connelly, Esq.
Sergio D. Simões, Esq.

REGISTER TO ATTEND

Registration and networking starts at 8:00AM and the educational program will begin promptly at 8:30AM.  There will be a 15 minute break midway through the program as well as ample time for all attendees to pose questions to the presenters.

On February 5, 2016, Lindabury will host a NJBIA Member Networking Breakfast from 8:30 AM – 10:00 AM in our Westfield office.  Labor and Employment Co-Chair, John H. Schmidt, Jr. will give a short update on the status of paid sick leave in New Jersey and on the firm’s upcoming seminar, “Understanding the Legal Responsibilities of Hiring, Firing & Accommodating.” For additional information, please visit http://www.njbia.org/

James K. Estabrook & Elizabeth E. Manzo will give two presentations at the Mechanical Contractors Association of America’s 2015 Industry Improvement Funds Conference.  The first presentation will be given on December 3rd and will be on “Status of Industry Funds – Who has the right to question the funds?” while on December 4th  they will present information on “Proper Uses of Industry Funds.”

On December 2, 2015, Employment litigation attorney Steven Backfisch will participate in an Employment Seminar hosted by the New Jersey Business and Industry Association.  The NJBIA program is titled, “Documentation, Discipline & Discharge” and is designed to help employers manage the disciplining of their workforces legally and effectively.  Steve will share insights from his 30 year career by providing specific examples of steps business owners and their managers can take when documenting, disciplining and in some instances discharging, problem employees.

Lindabury’s Construction Law Group will host a free educational seminar titled “Protecting Your Investment” that will educate building material suppliers on the steps they should take to ensure payment for the marterials and labor they supply on both private and public jobs.

Topics that will be covered:

• Pros and cons of filing construction liens (private projects)
• Municipal mechanics liens (public projects)
• Statutory protections including bond rights

This is your opportunity to discuss strategies and ask questions on how to protect your business from nonpaying customers.

Register to attend here.

Bankruptcy practitioners often face issues and questions involving other practice areas. To effectively represent clients, Bankruptcy lawyers need a working knowledge of these other practice areas to understand how they will impact the outcome of their bankruptcy cases.

Lindabury Bankruptcy & Creditors’ Rights attorney Scott Pyfer will participate as a panelist in a NJICLE Seminar on October 29, 2015.  Scott, along with an assembled group of practitioners, will provide the bankruptcy attorneys with the knowledge they need in order to spot issues raised by other areas of practice. The seminar will first examine non-bankruptcy practice areas of most concern to attorneys who primarily represent individual consumer debtors in chapter 7 cases and will then explore those issues most likely to be encountered by attorneys who primarily represent businesses reorganizing under chapter 11.

Register here to attend this seminar.

NJ CLE: This program has been approved for 7.3 credits (50 minute hour)
PA CLE: 6.0 substantive pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE: 7.0 professional practice credits
CPE: 3.5 business law and 3.5 taxation credits

James K. Estabrook, Co-Chair of the firm’s Labor & Employment/Employee Benefits group, will participate in the Pipefitters Local 274 Pre-Retirement Seminar and present information on issues related to estate planning.

Kathleen M. Connelly of Lindabury’s Employment group will be a featured speaker at the NJ YMCA State Alliance Human Resource Networking training event at the Fanwood-Scotch Plains YMCA on Friday, October 16, 2015.  

Kathleen’s presentation will focus on changes to the White Collar Overtime Exemptions under the Fair Labor Standards Act.

Litigation partner Philip Pizzuto is participating in a Continuing Legal Education seminar hosted by the New York State Trial Lawyers Institute.  This seminar is focused on assisting attorneys who already have expertise in negotiation tactics but who want to better understand the how and why of the process.  This seminar will feature a mock mediation so as to highlight strategies and techniques.

Mr. Pizzuto has been recently appointed by, and serves at the pleasure of, the New York State Superintendent of Insurance, as a New York State No-Fault Arbitrator in cases filed with the American Arbitration Association.  He has over 18 years of experience in all aspects of civil tort litigation and has extensive litigation and trial experience in both state and federal courts.

Elizabeth E. Manzo will speak at the International Foundation of Employee Benefit Plans Collection Procedures Institute.  Elizabeth will speak on Withdrawal Liability & Collections.

More information about this seminar can be found here.

James K. Estabrook will speak at the International Foundation of Employee Benefit Plans (“IFEBP”) Construction Industry Benefits Conference in Las Vegas on September 29, 2015.  Jim will speak on the Multiemployer Pension Reform Act (“MPRA”) of 2014 from 9:30 to 10:45 a.m. and will lead a Roundtable Discussion regarding MPRA from 11 a.m. to 12:15 p.m.  For more information on this Conference, please click here.

Avoiding common wage and hour pitfalls for non-exempt and exempt employees

Lindabury will host a NJBIA Member Networking Breakfast on September 9, 2015 from 8:30 AM – 10:00 AM in our Westfield office.  Labor and Employment Co-Chair, John H. Schmidt will give a short presentation on the Department of Labor’s proposal to overhaul existing overtime regulations for exempt executive, administrative and professional employees.  For additional information, please visit http://www.njbia.org/

Lindabury attorney to provide guidance to session attendees on some of the latest legal and regulatory issues impacting HR professionals today

EWebinar to address the 2014 MEPRA Regulations

Sergio D. Simões will be presenting at the NJBIA Employment Seminar, ” New Supervisor Training,” on Friday, June 26, 2015 at the Forsgate Country Club. Sergio will speak on ” Reasonable Accommodations in the Workplace. ” To read more about Sergio, please click here.

Are your policies compliant in age of increased NLRB oversight and enforcement?

Seminar presented in cooperation with the NJSBA Labor & Employment Law Section

Employee Benefits Shareholder Presents at Employee Benefit Update

Steven Backfisch will be presenting at the NJBIA Employment Seminar, “Documentation, Discipline & Discharge,” on Wednesday, May 13, 2015 at the Sheraton Eatontown. Steve will speak on “Having the Right Policies in Place to Manage Your Discipline Program?” To read more about Steve, please click here.

James K. Estabrook participates in the International Foundation of Employee Benefit Plans Legislative Conference.

In today’s uncertain economic times a business often finds itself making difficult operating decisions.

While the number of FSLA claims continue to rise there are several ways employers can reduce the likelihood of wage and hour lawsuits

Differences between C-Corps, S-Corps, Limited Liability Companys (LLC), and Limited Partnerships

Half day seminar dives deep into what employers can do in hiring decisions

Half day seminar dives deep into what employers can do in hiring decisions.

James K. Estabrook & Elizabeth Manzo of the firm’s Employee Benefits group, hosted a complimentary seminar discussion focused on The Multiemployer Pension Reform Act of 2014 (“MEPRA”).

Topics covered were:

• Repeal of the sunset provisions of the Pension Protection Act of 2006
• Increased PBGC premiums for Multiemployer Plans
• Correction and clarification of the Zone Status Rules
• Changes to Withdrawal Liability Rules
• Enhanced rules for Multiemployer Plan Mergers and Partitions
• Remediation measures for deeply troubled Multiemployer Plans including conditions, limitations,
  notice requirements and approval process for the suspension of benefits
• Additional PPA flexibility and technical corrections
• Enhanced Rules for multiemployer plan mergers and partitions
• Important issues for Trustees, Administrators and Plan Professionals

If you have questions about how MERPA will impact your fund please contact us here.

In December congress passed the Multiemployer Pension Reform Act of 2014 

Industry Fund Liability and Legal Challenges

Elder Law Attorney to speak to Alumni Group.

HOT TOPICS—IF YOU CAN’T TAKE THE HEAT, STAY OUT OF HR!

Union County Bar Association’s Professionalism Day Program – Professionalism, the Rule of Law, and You

Lindabury McCormick’s Employee Benefits group presented in Boston at the International Foundation of Employee Benefit Plans 60th Annual Employee Benefits Conference. On October 14, 2014, James K. Estabrook and Elizabeth Engert Manzo will moderate several panel discussions and present seminars on a variety of topics important to multiemployer pension plan trustees.

Estabrook Presents at Attorney Breakout Session

On Thursday, October 16, 2014, Elizabeth Engert Manzo presented to the Garwood Senior Citizens Club on New Jersey Elder Law & Estate Planning. The group meet at the Garwood Fire Department, 403 South Avenue, Garwood, NJ from 11:30 a.m. – 1:00 p.m.

James K. Estabrook and Elizabeth E. Manzo participate in the International Foundation of Employee Benefit Plans seminar.

On Thursday, October 16, 2014, Elizabeth Engert Manzo will be presenting to the Garwood Senior Citizens Club on New Jersey Elder Law & Estate Planning.  This seminar will take place at the Garwood Fire Department, 403 South Avenue, Garwood, NJ from 11:30 a.m. – 1:00 p.m.

How Much Info to Share with Your Employees?

Annual Beefsteak Night has pre-dinner seminar

Employment Law Seminar to be held at Westfield location.

Seminar Held at Lindabury Offices

Attorney presents to group for the first time

10 things every business owner needs to consider from insurance coverage to disaster planning

Learn negotiating techniques and constructive approaches to labor negotiations

On July 19, 2014, Lindabury attorney Monica Vir presented a seminar to the church leadership of St. Paul Baptist Church concerning Training and Tax Guidance for Churches to Comply with IRC Section 501(c)(3).  The seminar took place in Montclair, NJ from 9:00 a.m. – 11:00 a.m.  To read more about Lindabury’ s nonprofit practice group, please click here.

On October 3, 2014 Kathleen Connelly presented at the Suburban Chamber of Commerce’s First Friday meeting at the Grand Summit Hotel.  Kathleen spoke to business owners and HR professionals on the importance of maintaining an up-to-date and complete employee handbook.

Follow @LindaburyLaw on Twitter to stay informed as to future seminars and educational opportunities.

Lindabury, McCormick, Estabrook & Cooper hosted the member forum monthly meeting of the ACG-NJ on February 19,2014.  Scott C. Pyfer, Robert W. Anderson, Roger Mehner and Monica Vir  spoke on Asset Protection and New Jersey’s Revised Uniform Limited Liability company Act.   The seminar was held at Lindabury’s office in Westfield from 8:30 a.m. – 10:00 a.m.

Lindabury attorneys recently served as mock trial judges for the initial rounds of the 2014 Vincent J. Apruzzese Mock Trial Competition.

Lindabury Attorney To Speak at MCAA Sponsord Confer

Attorneys speak at International Foundation of Employee Benefit Plan

Bar Association’s Family Law Section holds seminar

James K. Estabrook and Elizabeth E. Manzo presented at the Construction Industry Benefits Conference at The Westin Copley Place, Boston, Massachusetts.

On Wednesday, June 12, attorneys James K. Estabrook and Monica Vir presented a special seminar entitled “ Learning By Example: A Case Study Review of Those Who Did it Wrong So You Can Do it Right.”

James K. Estabrook and Elizabeth E. Manzo will be presenters at the 59th Annual Conference for the International Foundation of Employee Benefit Plans, October 20-23, 2013 in Las Vegas, Nevada.

James K. Estabrook and Elizabeth E. Manzo presented a special seminar entitled “Withdrawal Liability Asked and Answered”

James K. Estabrook and Elizabeth E. Manzo presented a special seminar entitled “Withdrawal Liability Asked and Answered: All the Questions You Didn’t Know You Wanted to Ask.”

Attorney presented in front of the Summit area AARP.

Lindabury Attorney Speaks to the New Jersey Licensed Private Investigators Association.

Estabrook and Manzo Present at the 2013 Advanced Trustees Institute

Lindabury attorneys served as mock trial judges for the initial rounds of the 2013 Vincent J. Apruzzese Mock Trial Competition.

On September 26, 2012, in perhaps the most significant New Jersey environmental decision in the last thirty years, the New Jersey Supreme Court in New Jersey Department of Environmental Protection v. Dimant dealt a major blow to the NJDEP’s strategy of pursuing business owners for cleanup costs under New Jersey’s Spill Compensation and Control Act without sufficient evidence linking those businesses to the contamination and alleged damage at issue.

On Wednesday, November 28 at 12:00-1:00 p.m., Jerry English participated in a roundtable webinar to discuss this recent decision, its implications for future cleanup efforts, and the burden of proving causation that the decision imposes.