Each day, nearly 100 babies/neonates are born diagnosed dependent to opioids.  While in utero the fetus absorbs through the placenta upwards of 100% of the opiates ingested by its mother who, by comparison, only receives 70% of the opiates.  From the moment the umbilical cord is cut the newborn begins a tortious and excruciating process…

In the course of providing legal representation in a commercial tenant holdover proceeding, culminating in a trial, the court dismissed the petition in its entirety, handing our client a complete victory. June 2017- Dismissal of Complaint; Court agrees to dismiss the complaint as against our client in its entirety, allowing our client to avoid defending…

We submitted a brief on behalf of our client who was named as a defendant in a commercial dispute, that included claims to pierce the corporate veil.  We moved to dismiss the piercing the corporate veil claims on the grounds that plaintiff had provided insufficient facts to allow the claim to go forward, and the…

As we approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. These inspections are deliberately timed to occur during your busy season due to the increased level of activity and are oftentimes unannounced (especially federal investigators).  The best…

A federal explosive license or permit (FEL is used interchangeably here) is an essential document for many members of the fireworks industry.  Predictably, the federal explosives law provides clear and unambiguous procedures for obtaining a federal explosives license or permit, both for original applicants as well as for the subsequent renewal of an ATF-issued FEL. …

Following failed efforts, in April 2016, for a creditor-led debt restructuring to avoid bankruptcy, Hanjin Shipping Lines formally filed for bankruptcy protection in federal court in New Jersey pursuant to Chapter 15 of the Bankruptcy Code.  This follows Hanjin’s filing in South Korea for receivership. Hanjin is the seventh-largest shipping company, representing some 7% of…

In response to rising fatalities and injuries in the 1970s the Consumer Products Safety Commission moved to ban, for example, cherry bombs, M-80s, and other fireworks that were designed and intended to produce an audible effect.  To that end, CPSC, under the Federal Hazardous Substances Act, ultimately banned all fireworks devices intended to produce an…

In mid-April, the Department of Transportation, Office of Pipeline and Hazardous Materials Safety Administration (PHMSA), released a guidance clarifying PHMSA’s current policy governing a non-resident’s use of U.S. Designated Agents.  This guidance is of particular interest to foreign fireworks manufacturers.  The guidance is effective April 19, 2016. Non-resident fireworks manufacturers applying for EX Approvals are…

Each day, employers are faced with many dilemmas relating to operating both legitimately and lawfully.  One of the most vexing issues is how to classify a worker.  Recently, the decision made by the employer has reached heightened significance, seemingly in lockstep with agency enforcement efforts and penalties.  More recently, I authored an article based upon…

Recently, the Federal Motor Carrier Safety Administration issued a notice of proposed rulemaking that will affect safety fitness determinations and, in turn, carriers.  The FMCSA’s notice of proposed rulemaking was published in the Federal Register on Thursday, January 21, 2016, and may be available at www.regulations.gov; docket number FMCSA-2016-0001.  The deadline for all initial comments…

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