A Capehart Scatchard Blog

Capehart Scatchard

Established in 1876, Capehart Scatchard is a diversified general practice law firm of over 90 attorneys practicing in more than a dozen major areas of law including alternative energy, banking & finance, business & tax, business succession, cannabis, creditors’ rights, healthcare, labor & employment, litigation, non-profit organizations, real estate & land use, school law, wills, trusts & estates and workers’ compensation defense.

With five offices in New Jersey, Pennsylvania and New York, we serve large and small businesses, public entities, non-profit organizations, academic institutions, governments and individuals.

Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity

By on November 30, 2018 in Court Rulings, NJ Litigation with 0 Comments

By:  Benjamin H. Zieman, Esq. Edited by: Betsy G. Ramos, Esq. In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to […]

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Can Defendant Not Yet Criminally Charged Obtain Stay Of Civil Litigation To Preserve Right Against Self-Incrimination?

By on February 16, 2017 in Litigation, NJ Litigation with 0 Comments

Sometimes a civil defendant may face potential criminal prosecution for the same events upon which the defendant was sued. As part of the civil litigation, the defendant may be called to provide testimony at deposition or trial that could be self-incriminating. Naturally, the defendant would not want to testify and may avoid doing so by […]

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Litigation Implications of the New “Defend Trade Secrets Act of 2016”

On May 11, 2016, Congress signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating the first private cause of action for civil trade secret misappropriation (theft or unauthorized use) under federal law.  Federal law already provided a private civil cause of action for 3 of the 4 forms of intellectual property: patent, […]

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