If You Own Contaminated Property

The statutes enacted by the Legislature often contain provisions that delegate power to administrative agencies to promulgate additional regulations in furtherance of the statutory purpose.

Pursuant to such a delegation, the New Jersey Department of Environmental Protection (DEP) promulgated “mercury rules” which set emission limits of mercury from iron and steel melters. The rules exceeded federal requirements.

In a recent lawsuit, the Appellate Division of the Superior Court was asked to set the rules aside as being beyond the agency’s power.

YOU BE THE JUDGE: Does DEP have unlimited power to affect the ownership and operation of property in an effort to deal with pollution?

The Court sustained the rules, noting that DEP was given broad discretion by the Legislature. In that regard, DEP’s power was not limited to the enactment of standards adopted by the federal government.

And DEP’s discretion was entitled to judicial deference in the absence of evidence that DEP had acted arbitrarily or capriciously. The evidence in the case showed DEP relied upon task force reports and health analyses. In light of this investigation, the agency had set standards in the rules which were attainable based on reasonably available control technology.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm’s highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.

Q&A About Your Intellectual Property Lawyer

Most people dealing with Intellectual Property (‘IP’) law will need expert help and advice. This is because IP is a complex and difficult area of the law that solicitors do train to become specialists in. This article contains some examples of frequently asked questions surrounding IP law:

Why do people use a specialist intellectual property lawyer?

The reason why so many people seek the advice and assistance of a specialist intellectual property lawyer is because they are experts in this complex area of the law. When you have created something unique and special such as a work of art, writing or recording, an invention, or a design, you want to ensure that it is properly protected and this is where getting the right intellectual property advice, at an early stage, from these legal experts can prove to be invaluable.

Why protect my ideas and work?

When you have spent time and effort on an idea or creation the last thing you want is for someone else to come along and reap the benefits. Your idea or work could be very valuable to you both in terms of sentiment and monetary value but without the proper protection in place someone else could come along and easily pull the rug from under you leaving you with a product, creation, or idea that is no longer unique and is devalued. With the proper legal protection you can ensure that this does not happen and if anyone attempts it you will have the framework in place to take appropriate action.

If I come up with an idea for the company I work for, who owns the intellectual property rights?

If the idea you came up with was as part of your duties at work the rights will usually lie with the company. However, sometimes this can be a grey area and will depend on a number of factors such as whether you developed the idea in work time, using work equipment, following discussion with your manager, etc. If you are not sure about who owns the IP rights you should speak to your intellectual property lawyer who will assess the factors to determine whether the rights lie with you or the company that you work for.

What do I do if I find out someone is using my work without my permission?

If someone is infringing on your IP rights then you should speak to a lawyer as soon as possible. You have two options – you can either take action to stop them from using your work altogether or you can decide whether you want to allow them to continue using it with your permission and on your terms. If you decide to take action you may be able to settle out of court.

Significance of Consumer Protection Laws

The main aim of the Consumer Protection Law is to protect the rights of the consumers and to ensure the welfare of the consumers by protecting them from the exploitation of the marketers or tradesmen. In most of the countries the consumer protection act is introduced in order to protect the consumer from unfair trade practices. Almost all the marketers and tradesmen are familiar with the market condition and so they think that they can dominate and exploit the consumers easily. The Consumer Protection Law aims at providing the truthful information in the marketplace.

Numerous consumers are unaware of the market information and so they buy the items or products without complete knowledge about the price, quality, etc and thus later they some cases the products are found to be adulterated which can endanger the life of the consumers. Hence the consumer protection laws play a vital role in informing the consumers.

It is advisable that while purchasing the products you should be well informed and reasonably observant and you should have complete knowledge of your basic rights. Mostly the tradesmen deceive the average customer by providing them with wrong or misleading information regarding the origin of a product, its characteristics, etc. Also beware of those marketers who creates confusion in your minds related to the competitor’s products

Numerous UK consumers are targeted by the scammers every year. Scams can be of several types such as financial, credit card, loan scams, lottery scams, money transfer, medical frauds, stock frauds, online scams, etc. Loan scams occur when people who have credit problems and they are offered a loan over the phone or in an email. In order to apply for a loan people are asked to give their bank details, credit card details, etc. Similarly internet scams involve winning a lottery online, job offers, bank overpayments, etc. The only aim of the scammers behind all these fraudulent schemes is to convince you to send them money. It is recommended not to believe in any such things of the scammers and not to provide any personal information. Mostly the internet scammers make use of the social networking websites like Facebook, Twitter, etc. In order to complain and report the whole matter you can go to the Metropolitan Police. You can take help of the Office of Fair Trading (OFT) as it offers effective tips on how to recognize a scam. Moreover OFT also offers a list of the types of scams from which you can get a brief idea about the scams.

With the help of Consumer protection law you hold the complete right to complain to the company or the tradesman that sold you the improper or inadequate goods. You can also hire a highly experienced and knowledgeable solicitor who can make the complaint on your behalf. Moreover the solicitor can provide you with effective advice and can also guide you properly about your case. In case you do not get any response from the company that mis-sold you the goods then you can take the help of the courts. The Director-General of Fair Trade deals with the Consumer Protection issues.

Intellectual Property Lawyer Safeguards Your Rights

A computer software expert may have spent months and years developing a product that he can commercialize and profit by; an industrial design engineer may come up with a radical new development; business organizations may come up with techniques to enhance profits or cut down costs. In each case, they have right to the product of their creative brain power. They can get patent or ownership rights to the product developed by them. The right intellectual property lawyer safeguards your rights and ensures that they get necessary approval or licenses that cover all the bases and prevent anyone else from making unlawful use that might harm your interests.

Choosing the right lawyer under such circumstances is important. You need a lawyer who is informed, experienced and knowledgeable. You also expect him to be prompt, responsive and deliver the right advice and guidance in all related matters to safeguard your rights, either as an individual, a small enterprise or a multinational.A trusted and reliable lawyer, experienced in this field is more than just a legal advisor; he is also conversant with business implications and responds accordingly, contributing in a huge way to your success.

You might be very busy so you need to have a lawyer you can access on the phone or by email for advice or guidance on any specific issues. Since lawyers usually operate on an hourly basis you can know in advance what you have to pay and use the time accordingly to discuss legal implications of your business and review the legal documents in the right way in your interest.

Your future is in the balance and if the lawyer does not respond promptly or in the right way, your business could be affected adversely. You need prompt and objective advice in every step of the way that only the right and trusted lawyer can provide so that you never go wrong or incur losses or face any litigation.

A trusted and reliable lawyer, experienced in this field is more than just a legal advisor; he is also conversant with business implications and responds accordingly, contributing in a huge way to your success. Never overlook the importance of the lawyer to your business and choose only the right one after careful consideration of his qualifications and his approach to handling individual cases. His history will show that he has given similar guidance and advice to many successful clients and that should be a deciding factor in your selection of the right lawyer for you.