New Jersey Business Law Attorney Blog

After Gov. Jon Corzine signed the Compassionate Use Medical Marijuana Act in 2010, six dispensaries were approved to open in the state, a promising start for medical marijuana advocates and potential patients in New Jersey. But two years later, not one of those centers is even close to opening, and a prominent defense attorney is prepping a lawsuit against the state Health Department for delaying the program. It's an unconventional case in the realm of commercial litigation, but one that has both sides of the issue fired up.

The lawsuit was announced at a press conference last Wednesday on the Statehouse steps on the second anniversary of Corzine's signing of the legislation. The attorney heading up the litigation said he hoped it would put an end to the current administration's "foot-dragging."

The entertainment industry is powered in large part by expectations. Producers of television shows, feature films and theatrical productions invest and make money based on speculations that the material within will appeal to paying audiences and advertisers. When a production fails to live up to projections and doesn't rake in the profits everyone involved hoped it would, there can be both financial and legal consequences. Sometimes lawsuits can surface afterward even if the movie, TV show or play is profitable.

A good example of this is the Broadway production of "Spider-Man: Turn Off the Dark." You may have heard about the problems that plagued the production from the start, including the injuries of four of the actors. Although the production ultimately proved to be a money maker, there's been some legal wrangling between the lead producers and the director, who's being sued for breach of contract for her alleged refusal to collaborate or make requested changes to the show.

A bill just signed into law by Gov. Chris Christie promises to help protect the trade secrets of businesses across New Jersey by establishing specific remedies when intellectual property such as a formula, design, prototype or invention is misappropriated.

A trade secret is defined by law as information that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Companies and individuals will no longer be able to say they "neither admit nor deny" wrongdoing in a civil case if they've admitted to related criminal charges following a policy change by the Securities and Exchange Commission. The change, which is already in effect, could have a major impact on commercial litigation nationwide.

The policy change was born out of a case involving Citigroup, in which a judge tossed out a $285 million settlement with the SEC that included that language. But the change won't affect that case, in part because there was no accompanying criminal case against the corporation. In fact, it will only apply to SEC cases in which a company or individual has already admitted to criminal charges filed against them. The SEC only files civil charges.

A new business formation this month has the potential to raise the interest of children everywhere: cocoa toothpaste. Although it doesn't taste like chocolate, Theodent contains a blend of cocoa extract and other minerals to strengthen and harden tooth enamel. It contains no fluoride, which has been associated with troubling health conditions such as thyroid disorders and bone disease.

The toothpaste, developed by university researchers in Louisiana, was launched at a news conference last week. But its beginnings stretch back to the 1980s, when one of the company's co-founders began studying the effects of nutritional ingredients on pre-natal teeth. Recognizing the significance of the discovery, he continued his research as part of his doctoral thesis, testing it on human teeth and doing comparisons between the cocoa extract and fluoride. His initial findings held true: Cocoa strengthens and enlarges the crystals that make up the tooth, making the enamel more robust. Fluoride, meanwhile, strengthens teeth by sticking to and incorporating itself into the tooth.

An intellectual property dispute launched by a photographer continues, even after his death.

The estate of the late photographer, who was legendary for capturing famous moments in rock and roll history, filed a copyright infringement suit last week against Bloomingdale's and a men's clothing designer, claiming they used some of his most famous photos in their stores without authorization. The photos were of musicians such as the Beatles, Ray Charles, Jimi Hendrix and the Rolling Stones.

The dispute began years ago, when the clothing designer bought proof copies of the photos and allegedly made unauthorized copies to use in his New York store. Upon learning that the photos were being produced and used without permission, the photographer issued a warning to the designer and said the use wasn't acceptable. But according to court documents, he did the designer a favor by letting him keep the reproduced photos on the wall in one store "and the one store only."

Most companies and government agencies offer some type of benefits and perks to their employees, and many extend these to their retirees. Some of the perks are financial, which can be extra helpful to those on a fixed income. But what happens when these benefits suddenly become invalid?

A retired police officer has filed a class action suit against his former employer, the Port Authority of New York and New Jersey. He claims it has revoked his and other retirees' right to free tolls for life, a benefit he says was promised to him when he started his job at the Port Authority in 1971. He's seeking damages for breach of contract, breach of promise and unjust enrichment.

It's a fairly common story in the realm of intellectual property: A new business starts up, only to discover another business already has the same name. The already established business goes after the new one, which ends up changing its name. Usually, the business protecting its name is doing so because it stands to lose name recognition or profits from the new business. But that's not always the case.

A New York deli is being sued by Swiss watchmaker Rolex for using its name. The Rolex Deli serves soup, sandwiches and other food items; you won't find a watch for sale anywhere in the store. But Rolex says it doesn't want anyone to get the impression that the luxury timepiece company is now serving up lunch in Brooklyn.