David W. Garland

David W. Garland | Sills Cummis & Gross P.C.

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...

David W. Garland, Linda B. Katz | Sills Cummis & Gross P.C.

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...

David W. Garland, Linda B. Katz | Sills Cummis & Gross P.C.

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...

David W. Garland, Jerrold J. Wohlgemuth | Sills Cummis & Gross P.C.

In Gerety v. Atlantic City Hilton, a 4-3 majority of the New Jersey Supreme Court recently found in a case of first impression that an employer does not discriminate against pregnant women by treating pregnancy the same as other temporary disabilities under the terms of its disability leave policy...

David W. Garland, Angela M. Macropoulos | Sills Cummis & Gross P.C.

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...