
FIRM NEWS
Employment Law News
What risks do employers face when they allow employees to blog on behalf of their companies? In a National Law Journal Article, published September 18, 2008, Evans Anyanwu instruct employers to regulate rather than eliminate employee blogging.
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You Should Know
Can Internet use in the "digital space" affect physical residential zoning ordinances? The Florida Federal Courts may decide this issue in Flava Works, Inc. v. City of Miami In an interview published in the Miami Herald, Evans Anyanwu provides his analysis of the ordinance in this case, compared to a Tampa ordinance reviewed by the 11th Circuit Court of Appeals.
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On The Move
On June 18, 2008, the Ninth Circuit Court of Appeals held, in Quon v. Arch Wireless Operating Company, Inc., that under certain conditions employers must yield to a privacy expectation in employee text message contents. In an interview published in the Ecommerce Times, Evans Anyanwu distinguished the case, reminding employers that the facts of the case held for the proposition that strong Computer/Phone use Agreements will survive legal scrutiny, so long as employers enforce them. The online editions of Human Resource Executive magazine, and the Harvard Journal of Law and Technology, referenced Anyanwu's analysis
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Legal News
Gamble v. Connolly Properties, 399 N.J. Super. 130 (Law Div. 2007). On March 18, 2008, Gamble v. Connolly was approved for publication. In this case, argued by Evans Anyanwu, the defendant landlord sought to enforce an unwritten lease agreement predicated on a lease renewal notice. The tenant had continued occupancy without formal renewal or rejection, but had tendered payment of the increased monthly rent. After a sixty-day notice, the tenant vacated the premises and sought return of his security deposit. Addressing the validity of the alleged lease agreement as a contract of adhesion, and its enforceability, the court concludes that the renewal lease agreement was invalid based on: (1) the absence of acceptance by the tenant; (2) the contract being a contract of adhesion; and (3) the lease contract being void ab initio on public policy grounds. Pursuant to N.J.S.A. 46:8-21.1, the court finds the landlord liable for double the amount of the security deposit, plus full costs of court and reasonable attorney's fees.
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Practice Tips
Before you upgrade or resell your smart phone, you should take a moment to consider your duty to protect confidential client information. Has all the client information on your smart phone been erased? How can you be sure? In a Law.Com article, Evans Anyanwu provides law firm's with guidance towards safeguarding and protecting confidential client information stored on smart phones.
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