Scott I. Unger

Firm/Organization: Stark & Stark

Blogs: New Jersey Law Blog, Pennsylvania Law Monitor

Latest Articles

NFL’s Anti-Kneeling Policy Does Not Violate Players’ Constitutional or Employment Rights

By Scott I. Unger on May 29, 2018

Last week, the NFL sought to end the political controversy surrounding some players kneeling during the national anthem by enacting a policy fining teams if players kneeled during the Star-Spangled Banner. Under the new policy, players could stay in the locker room while the national anthem of the United States is played. Shortly, thereafter, players wrongfully asserted that the new policy violates their First Amendment protection of “freedom of speech.” The problem with the players’…

New Jersey Law Blog

Can the Termination of a Shareholder’s Employment be Oppression?

By Scott I. Unger on May 22, 2018

The termination of a shareholder’s employment may constitute oppression under N.J.S.A. 14A:12-7(b)(1)(c). That is because a person who holds a share in a closely held corporation often does so “for the assurance of employment in a closely-held corporation in the business.” Muellenberg v. Bilkon Corp., 143 N.J. 168, 180-181 (1996). That is because, a shareholder may have a “reasonable expectation” of continued employment. See, Brenner v. Berkowitz, 134 N.J. 488, 508 (1993). When representing the…

New Jersey Law Blog

Does Recent 9th Circuit Court of Appeal Decision Make It a Crime to Share Passwords to Online Accounts?

By Scott I. Unger on July 13, 2016

On July 5, 2016, the United States District Court of Appeals for the Ninth Circuit issued a decision in the case entitled United States v. Nosal. The case involved a former employer and others using the password of another employee to hack into his former employer’s database in order to access and take information which belonged to his former employer. The decision has gained a lot of attention and press because Mr. Nosal’s criminal conviction…

New Jersey Law Blog

NJ Supreme Court Says Employees Can’t Agree to Shorten Statute of Limitations

By Scott I. Unger on June 17, 2016

Several months ago, I blogged about the Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (Super. Ct. 2014)case. The case addressed an important issue – whether or not an employee’s could enter an agreement to shorten the statute of limitations period from 2 years to six months to assert an employment discrimination claim pursuant to New Jersey’s Law Against Discrimination (LAD). Yesterday, the New Jersey Supreme Court held that the statute of limitations…

Pennsylvania Law Monitor

United States District Court Judge Dismisses Jay Paterno’s Lawsuit Against Penn State

By Scott I. Unger on February 29, 2016

On Friday, February 25, 2016, United States District Court Judge Stengel issued a written opinion dismissing former Pennsylvania State University coaches Joseph “Jay” Paterno’s and William Kennedy’s lawsuit against their former employer, Penn State. In Paterno, et. al v. The Pennsylvania State University, No. 14-4365, former Penn State assistant coaches Paterno and William commenced litigation in the United States District Court of the Eastern District of Pennsylvania alleging that their former employer: Violated their civil…

New Jersey Law Blog

Comedian Bill Cosby’s Wife Moves to Quash Federal Civil Subpoena

By Scott I. Unger on December 22, 2015

On December 18, 2015, Comedian Bill Cosby’s wife, Camille, filed a motion in Federal Court seeking to quash a subpoena, which served by the attorneys representing the women who sued Mr. Cosby. The complaint against Mr. Cosby was initiated on December 10, 2014, by Tamara Green (see attachment here). Six additional Plaintiffs were added to the lawsuit filed in the United States District Court for District of Massachusetts, Western Division through various amendments. Recently,…

New Jersey Law Blog

Martin Shkreli Arrested for Alleged Securities Fraud Scheme

By Scott I. Unger on December 18, 2015

Martin Shkreli, the controversial CEO of Turning Pharmaceuticals, and his attorney were indicted in an alleged securities fraud scheme. On December 14, 2015, a grand jury paneled in Brooklyn, New York, returned a seven-count indictment against Martin Shkreli. Mr. Shkreli is charged with seven counts of securities fraud and conspiracy. His attorney, Evan L. Greebel is charged with a single count of wire fraud conspiracy. Greebel and Shkreli also face a United States Securities and…

New Jersey Law Blog

Analyzing Coach Steve Sarkisian’s Employment Discrimination Lawsuit Against USC

By Scott I. Unger on December 17, 2015

Last week, former University of Southern California Head Football Coach Steve Sarkisian filed a 31-page lawsuit in Los Angeles Superior Court against his former employer. The lawsuit alleges that Coach Sarkisian’s employment was unlawfully terminated. Furthermore, Coach Sakisian alleges that USC discriminated against him by not making a reasonable accommodation to address his disability – alcoholism. The former USC coach is seeking damages in excess of $30,000,000, plus the reinstatement of his employment. Coach Sarkisian’s…

New Jersey Law Blog

New Jersey Supreme Court Holds That Trial Courts May Order the Disgorgement of “Faithless Employee’s” Compensation

By Scott I. Unger on December 11, 2015

Recently, the New Jersey Supreme Court decided an important case that further protects employers from disloyal or “faithless” employees. The central issue in Kaye v. Roseflelde is whether “a Court may order the equitable remedy of disgorgement of an employee’s compensation when the employee has breached their duty of loyalty to the employer, but the employer had not sustained any economic loss.” The Kaye decision is an extension of Cameco Inc. v. Gedicke, 157…

New Jersey Law Blog

Update: New Jersey Supreme Court Revisits Important Employment Decision

By Scott I. Unger on December 3, 2015

Several months ago, I published a blog which discussed an important case that could affect employment discrimination litigation in New Jersey. In summary, the New Jersey Appellate Court, in the case Rodriquez v. Raymours Furniture Company, Inc., 93 A.3d 760 (App. Div. 2014), permitted an employee to reduce the statute of limitations period for an alleged violation of New Jersey’s Law Against Discrimination from 2 years to 6 months. In that case, the Appellate Court…

Scott I. Unger

NFL’s Anti-Kneeling Policy Does Not Violate Players’ Constitutional or Employment Rights

Can the Termination of a Shareholder’s Employment be Oppression?

Does Recent 9th Circuit Court of Appeal Decision Make It a Crime to Share Passwords to Online Accounts?

NJ Supreme Court Says Employees Can’t Agree to Shorten Statute of Limitations

United States District Court Judge Dismisses Jay Paterno’s Lawsuit Against Penn State

Comedian Bill Cosby’s Wife Moves to Quash Federal Civil Subpoena

Martin Shkreli Arrested for Alleged Securities Fraud Scheme

Analyzing Coach Steve Sarkisian’s Employment Discrimination Lawsuit Against USC

New Jersey Supreme Court Holds That Trial Courts May Order the Disgorgement of “Faithless Employee’s” Compensation

Update: New Jersey Supreme Court Revisits Important Employment Decision

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