David W. Garland


  • Monday, July 5, 2010
    On June 1, 2010, the New Jersey Supreme Court held that the over-70 exception in the New Jersey Law Against Discrimination (the "LAD"), which allows employers to refuse to accept for employment employees over the age of seventy, does not permit employers to refuse to renew employment contracts based on age.
  • Thursday, June 1, 2006
    In International Airport Centers, L.L.C. v. Citrin1, decided in March, the Seventh Circuit Court of Appeals examined the difference between "without authorization" and "exceeding authorized access" under the Computer Fraud and Abuse Act ("CFAA") and held that, while it is "paper thin" it is "not quite invisible."
  • Monday, May 1, 2006
    The days when a disloyal departing employee would sneak into the office at night and, by the light of a flashlight, pack up a briefcase full of documents containing his employer's trade secrets and other confidential information in order to start up a competing business or to give them to his new employer have, for the most part, passed. Today, that same...
  • Tuesday, November 1, 2005
  • Friday, July 1, 2005
    While Congress spends part of this summer continuing the debate on the future of Social Security, employers should take the opportunity to review the advantages of implementing a new retirement savings program that is commonly referred to as Roth 401(k) account. This new retirement savings account may be a boon to both high-income savers and younger workers...
  • Saturday, January 1, 2005
    Editor: Could you mention some of the circumstances where a failure on the part of the company to have adequate compliance systems and adequate coverage by in-house or outside counsel has led to difficulties for the corporate client?
  • Friday, October 1, 2004
    Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York, a recognized authority on electronic discovery, has issued another significant decision in Zubulake v. UBS Warburg LLC, et al. In an earlier decision, Judge Scheindlin addressed the legal standard for allocating costs involved in retrieving e-mails from...
  • Monday, March 1, 2004
    As every corporate counsel knows, the defense of employment-related lawsuits is a significant expense for employers which, many times, cannot be avoided. At the same time, it is an expense that offers little return on investment for the employer (perhaps it can be argued, though, that it is money well spent to deter claims that might be made by other...