One of the hallmarks of our law firm is that we utilize both print and web-based legal research software to keep us up-to-date on the latest developments in business, entertainment and Internet law. The following are examples of some of the key laws that have been passed by the States of New York and New Jersey and by the Federal Government in 2007 that were significant to these practice areas.

Environmental Law – NJ

The "Industrial Site Recovery Act," NJSA13:1K-6 et al., was amended as of January 11, 2007 to include requirements that the local municipality be advised when a landowner makes a filing with the Department of Environmental Protection under that statute.

The owner or operator of the industrial establishment shall also provide all information required to be submitted to the department pursuant to this subsection to the clerk of the municipality in which the industrial establishment is located, at the same time the information to the department.

The law relating to the closure and remediation of underground storage tanks was modified through NJSA 58:10A-37.6 which was approved on January 24, 2007.

A change in the filing date resulting from failure to submit a completed application or from failure to submit the application fee in a timely fashion for applications filed for financial assistance for a regulated tank to meet the upgrade or closure requirements pursuant to 42 U.S.C. s.6991 et seq. or P.L.1986, c. 102 (C.58:10A-21 et seq.) or for the remediation of a discharge from any such regulated tank shall not render the application ineligible for financial assistance as long as the initial date of application is prior to June 30, 2010 or for a regulated tank that is not operational, 18 months from the date of discovery of the tank or June 30, 2010, whichever is later.

Intellectual Property – Identity Theft; Trademarks - NJ

On January 29, 2007, an Act was passed prohibiting identity theft discrimination by creditors. NJSA 2C:21-1, section 1 of P.L.1983, c. 565, NJSA 2C:21-2.1 or NJSA 2C:21-17. It stated that a "creditor shall not deny credit to, or reduce the credit limit of, an individual solely because that individual was a victim of identity theft pursuant to NJSA 56:11-51."

On March 15, 2007, a law was passed prohibiting a person or entity from using a trade name or trademark of a depository institution in a manner that would give the impression that they were affiliated with that institution. NJSA 17:16Y-1.

1. No person shall use or reference the trade name or trademark of a depository institution, its affiliate or subsidiary or a trade name or trademark similar to that of a depository institution, its affiliate or subsidiary in any solicitation for services or products without the consent of the depository institution, affiliate or subsidiary.

2. No person shall use or reference a consumer's loan number, loan amount or other specific loan information, whether publicly available or not, in any solicitation for services or products without the consent of the depository institution, affiliate or subsidiary.

3. No person shall use the trade name or trademark of a depository institution, its affiliate or subsidiary or a trade name or trademark similar to that of a depository institution, its affiliate or subsidiary in any advertisement or solicitation for services or products when that use could cause any reasonable person to be confused, mistaken or deceived, initially or otherwise, as to the sponsorship, affiliation, connection or association of that person using the trade name or trademark with the depository institution, affiliate or subsidiary or as to the approval of that person using the trade name or trademark by the depository institution, affiliate or subsidiary.

Construction Law - NJ

On April 26, 2007, a law was passed penalizing contractors on public contracting jobs who do not pay prevailing wages. NJSA 34:11-56.38.

The public body awarding any contract for public work, or otherwise undertaking any public work, or entering into a lease or agreement to lease pursuant to which public work is to be done, shall first ascertain from the commissioner the list of names of contractors or subcontractors who have failed to pay prevailing wages as determined in section 13 of this act , and no contract shall be awarded to such contractor or subcontractor, or to any firm, corporation or partnership in which such contractor or subcontractor has an interest until three years have elapsed from the date of listing as determined in section 13 of this act .

Entertainment Law - NJ

On May 4, 2007, a law was passed concerning certain deceptive practices in the advertising or conducting of certain musical performances NJSA 2A:32B-1.

A person shall not advertise or conduct a live musical performance or production through the use of an affiliation, connection or association between the performing group and the recording group unless:

a. The performing group is the authorized registrant and owner of a federal service mark for the group registered in the United States Patent and Trademark Office; or

b. At least one member of the performing group was a member of the recording group and has a legal right by virtue or use of operation under the group name without having abandoned the name of affiliation of the group; or

c. The live musical performance or production is identified in all advertising and promotion as a salute or tribute; or

d. The advertising does not relate to a live musical performance or production taking place in this State; or

e. The performance or production is expressly authorized by the recording group.

Telephone Records Fraud - US

On January 12, 2007, the United States Congress passed a law called the "Telephone Records and Privacy Protection Act of 2006." This Act is intended to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent use of the telephone system. 18 USCA § 1038.

1038. Congress finds that—

(1) telephone records can be of great use to criminals because the information contained in call logs may include a wealth of personal data;

(2) call logs may reveal the names of telephone users' doctors, public and private relationships, business associates, and more;

(3) call logs are typically maintained for the exclusive use of phone companies, their authorized agents, and authorized consumers;

(4) telephone records have been obtained without the knowledge or consent of consumers through the use of a number of fraudulent methods and devices that include—

        (A) telephone company employees selling data to unauthorized data brokers;

        (B) "pretexting", whereby a data broker or other person represents that they are an authorized consumer and convinces an agent of the telephone company to release the data; or

        (C) gaining unauthorized Internet access to account data by improperly activating a consumer's account management features on a phone company's webpage or contracting with an Internet-based data broker who trafficks in such records; and

(5) the unauthorized disclosure of telephone records not only assaults individual privacy but, in some instances, may further acts of domestic violence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations.

1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity

(a) CRIMINAL VIOLATION.--Whoever, in interstate or foreign commerce, knowingly and intentionally obtains, or attempts to obtain, confidential phone records information of a covered entity, by —

        (1) making false or fraudulent statements or representations to an employee of a covered entity;

        (2) making such false or fraudulent statements or representations to a customer of a covered entity;

        (3) providing a document to a covered entity knowing that such document is false or fraudulent; or

        (4) accessing customer accounts of a covered entity via the Internet, or by means of conduct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records information relates; shall be fined under this title, imprisoned for not more than 10 years, or both.

Mail Order Guidelines - NY

On June 4, 2007, the New York General Business law § 396-m was amended to put in place guidelines relating to mail-order and telephone-order merchandise. The guidelines now specifically include email and Internet orders. The following modifications have been made:

a. "mail-order business" shall mean a business which is engaged in the solicitation of orders by advertisement or otherwise for merchandise or services connected with merchandise to be shipped to the customer through the mail or by other carrier, upon receipt of an order with payment or with charge account authorization remitted through the mail, electronic mail or the Internet or by telephone and the merchandise by its nature is ready for use or consumption when advertised or offered for sale and can be held in stock.

e. "accepts orders" shall mean, in the case of a mail order, receipt of an order with payment or with charge account authorization remitted through the mail, electronic mail or the Internet, and, in the case of a telephone order, receipt of an order with charge account authorization and debiting the buyer's account.

b. accept orders for merchandise which is not reasonably anticipated to be available for shipment within thirty days from the date of receipt of the order together with payment or with charge account authorization in the case of an order remitted through the mail, electronic mail or the Internet or within thirty days from the date the seller debits the buyer's account in the case of an order placed by telephone.

On January 1, 2007, New York Governor Spitzer issued Executive Order No. 1 which provided for the establishment of ethical conduct guidelines in State government. Those guidelines include the following provisions:

Prohibition Against the Receipt of Gifts
Subject to the conditions set forth below, all individuals covered by this executive order are prohibited from accepting gifts or gratuities of more than normal value where the circumstances would permit the inference that: (a) the gift was intended to influence the individual in the performance of official business; or (b) the gift constituted a tip, reward, or sign of appreciation for any official act by the employee. This prohibition shall apply notwithstanding Public Officers Law § 73(5), which provides that gifts up to $75 may be allowed in certain circumstances.

Prohibition Against the Use of State Property
State supplies, equipment, computers, personnel and other resources may not be utilized for non-governmental purposes, including for personal purposes or for outside activities of any kind. This prohibition includes but is not limited to the following:

a. Official stationery may not be used for non-governmental purposes, nor may State government resources be used to mail personal correspondence. The designation "personal" on agency stationery means only that the contents are meant for the personal viewing of the addressee and not that the sender is acting unofficially. All letters and other written materials printed on such official stationery are considered official, and thus the designation "unofficial" has no meaning and may not be used.

b. Under no circumstances may State mail, postage, internal office mail, or inter-city couriers be used for non-governmental purposes.

c. State telephones may not be used for non-governmental long-distance calls, except for toll-free calls, collect calls, and calls billed to a personal telephone number. State telephones may be used for incidental and necessary personal local calls that are of limited number and duration and do not conflict with the proper exercise of the duties of the State employee.

d. State computers may be used for incidental and necessary personal purposes, such as sending personal electronic mail messages, provided that such use is in a limited amount and duration and does not conflict with the proper exercise of the duties of the State employee.

e. State vehicles shall be used for official business or incidental use associated with official business away from an employee's official work station. Individuals who are authorized by their agency or public authority to use a vehicle for personal purposes shall keep records of such use, and the value of such personal use shall be calculated and reported as personal income to such individual for tax purposes.

Prohibition Against Nepotism in Hiring and Contracting

a. No individual covered by this order may take part in any hiring or employment decision relating to a family member. If a hiring or employment matter arises relating to a family member,then the employee must advise his or her supervisor of the relationship, and must be recused from any and all discussions or decisions relating to the matter.

b. No individual covered by this order may take part in any contracting decision: (i) relating to a family member; or (ii) relating to any entity in which a family member is an officer, director or partner, or in which a family member owns or controls 10% or more of the stock of such entity. If a contracting matter arises relating to a family member, then the employee must advise his or her supervisor of the relationship, and must be recused from any and all discussions or decisions relating to the matter.

c. For the purposes of this paragraph, the term "family member" shall mean any person living in the same household as the employee, and any person related to the employee within the third degree of consanguinity or affinity.

Prohibition Against Executive Chamber Employees
Lobbying State Agencies and Public Authorities
The provisions of Public Officers Law § 73(8) prohibiting former State officers and employees from appearing or practicing before their former agency for a period of two years shall, with respect to Executive Chamber employees, extend to appearing or practicing before any Executive Branch agency or public authority.

Penalties
Any violation of this order may result in dismissal or other appropriate sanction as determined by the appointing authority of the individual committing such violation.