Writings by Dennis C. Linken

Dennis C. Linken practices in communications regulatory law, with clients in the cable television, telephone, and cellular telephone industries. He regularly appears before the New Jersey Board of Public Utilities and municipalities throughout the State.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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Tips & Tricks for Executing Contracts Amid the COVID-19 Pandemic

In the midst of COVID-19, what happens when documents need to be signed in order to become legally binding? The coronavirus (COVID-19) pandemic has forced most New Jersey businesses to conduct their operations via a “remote” workforce. So what happens when documents need to be signed in order to become legally binding? For businesses that […]

Author: Dennis C. Linken

April 23, 2020

New Jersey

Insurance Co. Aces ABC Test to Defeat Worker Misclassification Suit

A Recent Court Decision Involving a Worker Misclassification Suit Highlights that New Jersey Businesses Can Pass the State’s Onerous Independent Contractor Test… A recent court decision highlights that New Jersey businesses can pass the State’s onerous independent contractor test, provided they have carefully structured their business relationships. In Walfish v. Northwestern Mutual Life Insurance Company, […]

Author: Dennis C. Linken

November 14, 2019

New Jersey

NJ Appellate Court Considers Violation of Underground Facility Protection Act

A New Jersey appellate court has determined that a violation of the One-Call markout requirements imposed by the Underground Facility Protection Act, N.J.S.A. 48:2-73 to -91 (“UFPA”), as well as the implementing regulations of the Board of Public Utilities, N.J.A.C. 14:2-1.1 to -6.10, does not automatically subject the violator to liability for damage to underground plant.

Author: Dennis C. Linken

March 2, 2018

New Jersey

What Out-of-State Corporations Should Know About Doing Business in New Jersey

What Out-of-State Corporations Should Know About Doing Business in New Jersey Due to its close proximity to business hubs in New York and Pennsylvania, many out-of-state corporations transact business in New Jersey. Because corporations formed outside the state are technically considered “foreign,” it is important to understand the legal formalities of doing business in New […]

Author: Dennis C. Linken

November 10, 2017

New Jersey

Consumer Review Fairness Act Prohibits Contracts Banning Bad Reviews

With Consumer Review Fairness Act Passed, Online Reviews to Become More Credible in 2017 Online reviews are poised to become more credible in the New Year. Former President Barack Obama recently signed the Consumer Review Fairness Act of 2016 into law. The new law prevents businesses from contractually prohibiting consumers from posting negative online reviews.The new law […]

Author: Dennis C. Linken

January 26, 2017

FCC Plays Grinch to Holidays Robotexts

Why Business Owners May Want to Reconsider Using Robotexts Businesses hoping to boost sales this holiday season should exercise caution when sending autodialed text messages. The Federal Communications Commission (FCC) recently issued a warning that so-called “robotexts” are subject to restrictions on making autodialed calls to cell phones imposed by the Telephone Consumer Protection Act (TCPA). […]

Author: Dennis C. Linken

December 6, 2016

Scarinci Hollenbeck

Businesses Can Learn from the FTC’s 2015 Annual Highlights Report

Businesses Can Learn from the FTC’s 2015 Annual Highlights Report The Federal Trade Commission (FTC) recently released its 2015 Annual Highlights. As the title suggests, the report summarizes the agency’s achievements and initiatives last year in the areas of enforcement, policy, and education. For businesses, the report is useful because it highlights where the FTC […]

Author: Dennis C. Linken

May 23, 2016

Telephone Consumer Protection Act (TCPA) Exposure for NJ Businesses

A recent decision by the Third Circuit Court of Appeals could lead to increased exposure for New Jersey businesses under the federal Telephone Consumer Protection Act (TCPA). A recent decision by the Third Circuit Court of Appeals could lead to increased exposure for New Jersey businesses under the federal Telephone Consumer Protection Act (TCPA). In […]

Author: Dennis C. Linken

October 27, 2015

Ban Class-Action Waivers in Consumer Financial Products

The Consumer Financial Protection Bureau (CFPB) is moving forward on plans to ban companies from including arbitration clauses that block class action lawsuits in their consumer financial products contracts. Should the rule proposal become final, companies that focus on consumer financial products should expect to see a rise in class-action litigation. The Dodd-Frank Act ordered […]

Author: Dennis C. Linken

October 26, 2015

Is Legal Red Tape Interfering With Your Business?

If legal red tape is interfering with your business, you are not alone. A new survey reveals that the current regulatory environment is making it more difficult to conduct business. The “2015 Corporate General Counsel Survey” polled more than 250 in-house counsel who work in a wide range of industries. The survey specifically sought views […]

Author: Dennis C. Linken

July 22, 2015

NJ Court Rules Application Mistake Can Justify Denial of Professional License

Professionals who apply for licenses in New Jersey may want to triple check their applications. The Appellate Division recently held that even an unintentional mistake could constitute misrepresentation in violation of the Uniform Enforcement Act (UAE) and justify denial of the application. The case, In the Matter of the Application of Y.L., involved a massage […]

Author: Dennis C. Linken

October 13, 2014

New Jersey Businesses: Disasters Are Not the Time For Price Gouging

The 2014 hurricane season has been kind to New Jersey so far. However, some New Jersey Businesses are still feeling the repercussions of their conduct in the wake of Superstorm Sandy. So far, the state has recovered a total of $1,080,702.64 in civil penalties, consumer restitution, and other fees from entities accused of having violated the […]

Author: Dennis C. Linken

September 18, 2014

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