Posted by Briana Brandao.

This article, written by Jenna Pizzi, on March 02, 2015, argues whether or not a union of New Jersey business groups should be mandated to provide paid sick leave to its employees in Trenton. As of now, seven New Jersey municipalities possess a local paid sick leave law. A lawsuit was filed in state court on behalf of these New Jersey business groups on Monday, March 2nd. They claimed that the new law was unconstitutional. As stated by the business groups, “The ordinance allows the city to reach outside its given powers by forcing requirements on employers.” They also asked that the law be banned from taking effect within the upcoming week.

The reasoning behind this possible injunction is that business groups feel the new law tries to reach outside the boundaries of Trenton. As stated per the lawsuit, “The law as written seeks to reach outside the city boundaries to impose the law on business owners that are not located in Trenton but have employees that work here.” The business group’s attorney, Christopher Gibson, also argued, “Trenton’s mandatory paid sick leave ordinance is vague, ambiguous and . . . impossible to interpret, administer or implement.”

Although New Jersey business groups make valid points, the new ordinance faces great controversy as a vast number of voters approved it earlier on in November of 2014. Trenton spokesman, Michael Walker, even went on to say, “Trenton voters demanded that the ordinance become law and the city is preparing to enforce it.” If Trenton’s paid sick leave ordinance were to take effect, it would mean that for every thirty hours worked, a worker would be eligible to earn one hour of sick time. For New Jersey businesses with ten employees or more, it would result in a maximum of five sick days per year. For New Jersey businesses with less than ten employees, it would result in up to three paid sick days per year.

The increase in paid sick days would allow employees the opportunity to take care of themselves as well as any immediate family members who may need care. However, it is important to note, if employers offer better benefit packages, they are not required to award more paid sick time to their employees.

Briana is a business administration major with a concentration in management and fashion studies at Montclair State University, Class of 2016.

Posted by ZaAsia Thompson-Hunter.

The European Union isn’t happy with Honeywell and DuPont because they believe they are breaking antitrust rules. Honeywell and DuPont are the only two companies that produce the chemical R-1234yf. This chemical is used to produce the only car-coolant that meets the standards on the European Union’s greenhouse-gas emissions. By working together, the European Commission believes that Honeywell and DuPont are limiting the supplies of the coolant sold to other carmakers and furthermore reducing technical development. “The investigation, triggered by French company Arkema SA (AKE), also examined Honeywell’s alleged ‘deceptive conduct’ when the product was endorsed by a car-industry trade group, and whether it charges ‘fair and reasonable’ license fees to rivals who want to produce the product.” This investigation may lead to fines as much as 10% of yearly sales.

DuPont plans to fight against all accusations made by the EU because they feel they have not violated any policies and have been abiding by all the rules and laws that apply. In an e-statement, DuPont says they “will fight this every step of the way, as it has no basis in law or fact.” Additionally, in this ongoing case, Honeywell responded by saying the EU’s allegations were “baseless and conflict with the EU’s own laws that encourage collaboration on development,” according to an e-mailed statement.

ZaAsia Thompson-Hunter is a business administration/psychology major at Montclair State University, Class of 2017.

Posted by Nadia Haddad.

“Intellectual Property law works, until it is stretched.” According to a New York Times article, the problem with intellectual property law is that lawyers try to push the idea of I.P. too far in other areas, like software development, because they believe more the better. The article states that a software patent is a good example of a failed “experiment” because no one today can name a major software innovation whose investments relied on a patent. Some software innovations such as Lotus 1-2-3 spreadsheet, Netscape’s browser, or Google’s search are not responsible for their existence because of a patent. The article mentioned how software patents are expensive, threaten competition, and are occasionally used for accounting fraud.

Intellectual Property plays an important role for all humans in society. In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is important because it drives economic growth and competition, as well as creating and supporting high paying jobs.

The mind is the most important thing a human possesses, because that is the root of who you are and what you want to do. We live life through people’s intellectual properties or inventions, which is why we need to protect them.

Nadia is a business administration major with a minor in international business at Montclair State University, Class of 2016.

Posted by Keith Cleary.

For almost a half of a decade now, over 40 patent lawsuits have been going on between “the two largest smartphone companies, Apple and Samsung.” (Chowdhry). However, the two companies came to terms on ending all of the patent lawsuits that are outside of the U.S. These countries are all over the world including Britain, Spain, Germany, and Italy. Even though these two technology giants are dropping their lawsuits against each other internationally, they still have not ended their lawsuits against each other in the states. A few years ago, “a jury in California awarded Apple with $119 million out of a $2.2 billion lawsuit against Samsung three months ago”(Chowdhry). Even, though they settled their disputes overseas, the two competitors are still relentless with their lawsuits.

Some of the lawsuits are driven by a patent lawsuit filed in 2011. Steve Jobs was actually behind the lawsuits in 2011 saying, “I’m willing to go thermonuclear war on this.” (Chowdhry). “This” meaning the lawsuits filed in 2011 were over Samsung’s Android. The two companies have tried to work out their differences through a mediator but to no avail. Judge Lucy Koh of the U.S. District Court was actually really hoping for a resolution. She stated, “If all you wanted is to raise awareness that you have I.P. (Intellectual Property) on these devices, messages delivered. In many respects, mission accomplished. It’s time for peace.” She further stated, “If you could have your CEOs have one last conversation, I’d appreciate it.”(Chowdhry). She realizes that the two companies do not want each other copying off their designs and property.

The comical part about all of this is that, with all the lawsuits going on, Samsung and Apple are business partners. Samsung supplies major components to Apple’s products, such as memory chips and processors. However, it does not look like this relationship will last forever. While Apple is one of Samsung’s biggest customers, it looks like their taking business elsewhere—“Taiwan Semiconductor Manufacturing Company,” to be exact. (Chowdhry). Apple buys chips and other components from them.

The good news is that Apple is reducing the amount of lawsuits against Samsung. Apple dropped one of their lawsuits for patent infringement and the two companies settled another lawsuit with the U.S. International Trade Commission regarding an important ban on Samsung’s products (Chowdhry). With the dropped lawsuits, there is a chance for amends and a new relationship between them.

Keith is a business law student at Montclair State University, Class of 2017.

Posted by Rizzlyn Melo.

The car-manufacturing company, Tesla, has been battling with New Jersey government officials for the right to sell their premium electric cars in the state. Tesla differs from other car-manufacturers because they sell their vehicles directly from small, independently-owned sites instead of large dealerships. Many of Tesla’s facilities are actually located in various malls in New Jersey. The issue with this practice is that under New Jersey law, cars can only be sold through registered dealerships. In the article, this legislation “was put into place at a time when small local dealers were perceived as vulnerable to the moves of major national manufacturers.” Because of Tesla, this law has been targeted and challenged by various carmakers and consumer-rights groups. Fortunately, it can be said that their efforts have not gone in vain. In March, Governor Chris Christie signed new legislation that allows Tesla to operate at four sites in New Jersey. Shortly after this was signed, New Jersey lawmakers approved an amendment granting zero emission car manufacturers the right to operate dealerships in the state.

Tesla’s success story in New Jersey shows that the market is modernizing. Legislation that was once effective in the past can actually be disadvantageous in the present day. While the law requiring sales through registered dealerships was once helpful to small businesses, it prevented a company from potentially helping the environment. Tesla only produces zero-emission, luxury cars. They are a company seeking to reduce society’s carbon footprint by introducing a sleek, fashionable car to the market that does not require gas. The government’s initial refusal to allow this company to conduct its business in New Jersey made legislators look like they would sacrifice an environmental advancement for the sake of large dealerships. Tesla’s win in New Jersey represents more than the right to sell cars; it is a win for the evolving market that is in need of environmentally friendly products.

Rizzlyn is a business administration major with a concentration in marketing at Montclair State University, Class of 2017.

Posted by Tommy Donofrio.

Every motor vehicle must display a license plate signifying that it has been properly registered with the appropriate state or local government. Symbols, colors, or slogans representing the cultural heritage of each state are typically included in the license plate design of each state or jurisdiction. Upon registration, a unique alphanumeric identifying number is assigned to the user. Sometimes, individuals, businesses or organizations remit additional fees to be able to display custom or personalized license plates. These plates, which may help raise awareness and funds for specific causes or groups, must adhere to particular guidelines. That is, perhaps, until now. Recently, the Supreme Court was called on to decide if the “decision to exclude the Sons of Confederate Veterans (SCV) from the specialty license plate program violated the organization’s free speech rights under the First Amendment.”

Not surprisingly, this is the first time the Supreme Court is called on to clarify the law surrounding specialty license plates. The Supreme Court will determine if a message on a specialty plate is considered to be a form of “private” or “government” speech. If it is private, then the First Amendment protects the message. For the Sons of Confederate Veterans, this means that they have the right to display the confederate battle flag to “honor the reputation of soldiers who fought for the Confederacy during the Civil War” even though the state of Texas finds this message racist and offensive. Conversely, if the Supreme Courts determines that specialty plates are a form of government speech, as Texas officials claim, then the state “is allowed to select the message that it is willing to publicly support.” The Sons of Confederate Veterans will not be able to freely express their message.

Although it may seem a trivial issue, it has far reaching ramifications. The Supreme Court’s decision is important because it will influence every state and local jurisdiction going forward. According to Richard W. Garnett of Notre Dame Law School, the ruling will effect “all of the many, many ways that government property and funds facilitate expression and communication.” If the court sides with the state, both individuals and businesses may be hindered from raising awareness and revenue through the use of personalized plates in the future. A decision is expected by early summer.

Tommy is a business administration major with a concentration in management at Montclair State University, Class of 2017.

Posted by Adam Kutarnia.

People have been betting on sports for centuries, however, the multi-billion dollar industry is illegal in almost all parts of the United States except for four states – Nevada, Delaware, Oregon and Montana. Last summer, 29 men were arrested in New Jersey for running a sports betting ring that grossed approximately to $3 million during a 12-month period. New Jersey is one of the many states where sports gambling is illegal, but many are fighting to change the law.

While most of the world allows sports gambling, the United States has been strict about it since passing the Professional and Amateur Sports Protection Act of 1992, which prohibits sports gambling nationwide, excluding a few states. New Jersey has been pushing hard to legalize sports gambling in the last couple years, but has been unsuccessful due to four major professional sports leagues – NBA, NFL, MLB and NHL and NCAA blocking it.

New Jersey Governor Chris Christe has been a strong supporter of legalizing sports gambling in New Jersey, and even signed a law passed by the state legislatures to allow sports gambling in New Jersey’s casinos and racetracks, before the major professional leagues and NCAA blocked it. The plaintiffs argue that sports betting would harm the integrity of sports and violate federal law. As of right now, New Jersey is losing millions of dollars in potential revenue to offshore and organized crime.

New Jersey will get another shot at their case after a federal court hearing before a three-judge panel of the Third Circuit Court of Appeals took place last month; a ruling in the case will be made on June 26.

Like the case above with the 29 men being arrested for running a sports betting ring, people want to bet on games and will do so whether it’s legal or not.

Adam is a business administration major with a concentration in finance at Montclair State University, Class of 2017.

Under new FDA rules, movie theaters, chain restaurants, and supermarkets with 20 or more locations will have to provide calorie counts on the foods they sell.  The stores have until November 2015 to comply and provide calorie information on their menus.  Amusement parks, vending machines, bakeries, coffee shops, and convenience stores must also comply with the new rules.

The move to include these food establishments came from a push by the restaurant industry.  Restaurant owners argued that grocery stores and the like that sell prepared foods should also be made to place calorie counts on their food.  “Representatives for the supermarket industry have said it could cost them up to a billion dollars to put the rules in place — costs that would be passed on to consumers.”

Smaller outlets are exempt from the rules for now, as are airplanes, trains, and food trucks.

Posted by Briana Brandao.

This article, written by Jenna Pizzi, on March 02, 2015, argues whether or not a union of New Jersey business groups should be mandated to provide paid sick leave to its employees in Trenton. As of now, seven New Jersey municipalities possess a local paid sick leave law. A lawsuit was filed in state court on behalf of these New Jersey business groups on Monday, March 2nd. They claimed that the new law was unconstitutional. As stated by the business groups, “The ordinance allows the city to reach outside its given powers by forcing requirements on employers.” They also asked that the law be banned from taking effect within the upcoming week.

The reasoning behind this possible injunction is that business groups feel the new law tries to reach outside the boundaries of Trenton. As stated per the lawsuit, “The law as written seeks to reach outside the city boundaries to impose the law on business owners that are not located in Trenton but have employees that work here.” The business group’s attorney, Christopher Gibson, also argued, “Trenton’s mandatory paid sick leave ordinance is vague, ambiguous and . . . impossible to interpret, administer or implement.”

Although New Jersey business groups make valid points, the new ordinance faces great controversy as a vast number of voters approved it earlier on in November of 2014. Trenton spokesman, Michael Walker, even went on to say, “Trenton voters demanded that the ordinance become law and the city is preparing to enforce it.” If Trenton’s paid sick leave ordinance were to take effect, it would mean that for every thirty hours worked, a worker would be eligible to earn one hour of sick time. For New Jersey businesses with ten employees or more, it would result in a maximum of five sick days per year. For New Jersey businesses with less than ten employees, it would result in up to three paid sick days per year.

The increase in paid sick days would allow employees the opportunity to take care of themselves as well as any immediate family members who may need care. However, it is important to note, if employers offer better benefit packages, they are not required to award more paid sick time to their employees.

Briana is a business administration major with a concentration in management and fashion studies at Montclair State University, Class of 2016.

Posted by Abier Mustafa.

Stryker Corp., a device maker company, recalled its Rejuvenate and ABG II hip implant devices in July 2012 after warning surgeons they could harm tissue around the hip and cause other health problems to its patients. Patients have complained of severe pain, unusual swelling and excessive metal debris in their blood, blaming all these symptoms on the Stryker devices. There are at least 1,800 cases Stryker consolidated before U.S. District Judge Donovan Frank in St. Paul, Minnesota. After facing more than 4,000 suits consolidated in the New Jersey state court and federal court in Minnesota alone, Stryker will pay a base amount of $300,000 per patient’s case. This settlement to patients who had the devices surgically removed prior to November 3^rd.

Stryker Corp. has reported more than $9 billion in revenue in 2013 on the advertisement of their hip implants lasting for years. After the devices failed patients within a short amount of time, the company has now agreed to pay more than $1 billion to resolve these lawsuits. However, “the company said that it set aside more than $1.4 billion to cover costs of handling cases over the recalled hips so the settlement fell into the “‘low end of the range of probable loss.’” “This settlement program provides patients compensation in a fair, timely and efficient manner,” Bill Huffnagle, a spokesman for Kalamazoo, Michigan-based Stryker, said in an e-mailed statement. A source also reveals that a majority of the payments will be made by the end of 2015.

Abier is a finance major at Montclair State University, Class of 2016.

Posted by Briana Brandao.

This article, written by Jenna Pizzi, on March 02, 2015, argues whether or not a union of New Jersey business groups should be mandated to provide paid sick leave to its employees in Trenton. As of now, seven New Jersey municipalities possess a local paid sick leave law. A lawsuit was filed in state court on behalf of these New Jersey business groups on Monday, March 2nd. They claimed that the new law was unconstitutional. As stated by the business groups, “The ordinance allows the city to reach outside its given powers by forcing requirements on employers.” They also asked that the law be banned from taking effect within the upcoming week.

The reasoning behind this possible injunction is that business groups feel the new law tries to reach outside the boundaries of Trenton. As stated per the lawsuit, “The law as written seeks to reach outside the city boundaries to impose the law on business owners that are not located in Trenton but have employees that work here.” The business group’s attorney, Christopher Gibson, also argued, “Trenton’s mandatory paid sick leave ordinance is vague, ambiguous and . . . impossible to interpret, administer or implement.”

Although New Jersey business groups make valid points, the new ordinance faces great controversy as a vast number of voters approved it earlier on in November of 2014. Trenton spokesman, Michael Walker, even went on to say, “Trenton voters demanded that the ordinance become law and the city is preparing to enforce it.” If Trenton’s paid sick leave ordinance were to take effect, it would mean that for every thirty hours worked, a worker would be eligible to earn one hour of sick time. For New Jersey businesses with ten employees or more, it would result in a maximum of five sick days per year. For New Jersey businesses with less than ten employees, it would result in up to three paid sick days per year.

The increase in paid sick days would allow employees the opportunity to take care of themselves as well as any immediate family members who may need care. However, it is important to note, if employers offer better benefit packages, they are not required to award more paid sick time to their employees.

Briana is a business administration major with a concentration in management and fashion studies at Montclair State University, Class of 2016.