Wednesday, January 18, 2017
5:00 - 7:00 p.m.
Trump National Golf Club, Pine Hill
Please join us for our annual Legislative Reception as we honor members of the State Senate and General Assembly who represent Southern New Jersey.
Enjoy great networking with fellow members and members of the South Jersey Legislative Delegation. Premium hors d'oeuvres and cash bar will be available for attendees to enjoy. |
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Meet the Policymakers Featuring Lieutenant Governor Kim Guadagno Friday, January 27, 2017 11:30 a.m. - 1:30 p.m. Crowne Plaza Cherry Hill
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TD Executive Series Featuring Steve Coates, Radio Color Commentator, Philadelphia Flyers Friday, February 3, 2017 11:30 a.m. - 1:30 p.m. Woodcrest Country Club, Cherry Hill
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State Affairs Committee Featuring Senator Fred H. Madden, Jr. Wednesday, February 15, 2017 8:00 - 10:00 a.m. Adelphia Restaurant, Deptford
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CCSNJ VIP Reception at "Walk to Washington" Thursday, February 16, 2017 4:00 - 6:00 p.m. Marriott Wardman Park Hotel, Washington, D.C.
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Congressional Action Committee Featuring Congressman Donald Norcross Monday, February 27, 2017 8:00 - 10:00 a.m. The Mansion on Main Street, Voorhees
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CCSNJ held its first Network Connection Series event on Jan. 12 at The ChopHouse. Attendees enjoyed networking with current and prospective CCSNJ members at the Camden County event.
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On Jan. 13, the CCSNJ hosted executives from some of the State's top economic development agencies for a Good Morning South Jersey event. The panelists delivered an update on New Jersey's coordinated efforts in business attraction, retention and expansion.
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Should You Hire That Great Applicant with
the Non-Compete?
By Douglas Diaz, Esq.
Partner
Archer Law
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We often receive calls from employers advising that they want to hire a new employee (from a competitor of course) who is the best thing since sliced bread but he has this non-compete agreement. The first question is usually: "that's not enforceable, right?" The seemingly useless lawyer answer of "it depends" is just the starting point. The more practical issue is will your company get sued if you do hire this person, and will you have to spend valuable time and money in determining if the non-compete is enforceable or not.
Contrary to the belief of some, non-competition agreements can be enforceable, although they are restricted in a few states such as California, North Dakota, and Oklahoma. In other states such as New Jersey and Pennsylvania, the general rule is that enforceability requires a showing that the agreement is (1) necessary to protect the employer's legitimate interests, such as to protect confidential information or client relationships; (2) will not cause an "undue hardship" on the employee; and (3) does not cause any public harm. These are very fact sensitive factors and judges will differ on their application, with some judges enforcing these agreements. So, there is significant risk in moving forward with the hire. These risks include the following:
- Tortious Interference with Contract Claim. In a lawsuit for tortious interference with contract, the prior employer will argue that the new employer knew of the agreement but still hired the employee anyway, thereby causing interference (or once it became aware of the agreement, it continued to employ the employee).
- Legal Fees. Who's Paying? Even if not sued, is the new employer paying the legal fees for the employee when he is sued?
- Conflicts of Interest. If both the employee and new employer are sued, they may each need their own independent lawyer based on potential conflicts of interest between the two. This, in turn, will increase the legal fees, as well as potential tension or distrust between the two.
- Vicarious Liability of New Employer. Vicarious liability or "respondeat superior" is a doctrine that holds that an employer is liable for the wrongful acts of its employees committed within the scope of their employment. Consequently, if the new employer proceeds with the hire and it turns out that new employee has also been using confidential information for the benefit of his new employer-even without new employer's knowledge-the new employer can be liable for this as well.
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William J. Castner, Jr., Esq.
Chairman
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Chaired by William J. Castner, Jr., Esq., Senior Vice President of Corporate and Regulatory Affairs for Horizon Blue Cross Blue Shield of New Jersey, the State Affairs Committee meets eight times per year with members of the State Legislature and the Governor's cabinet. Members are updated at each meeting on current legislative issues.
Next Meeting: Wednesday, February 15, 2017
8:00 - 10:00 a.m.
Adelphia Restaurant, Deptford
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NETWORK CONNECTION BREAKFAST
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NETWORK CONNECTION LUNCH
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NETWORK CONNECTION LUNCH
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January 19
8:30 - 10:00 a.m.
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January 26
11:45 a.m. - 1:30 p.m.
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February 2 11:45 a.m. - 1:30 p.m. Register |
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January 18
January 19
Harvest Seasonal Grill
January 26
Filomena Lakeview
January 27
February 2
Treno Pizza Bar
February 3
February 9
Auletto Caterers
February 16
Braddock's
February 15
February 16
February 22
February 27
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David Suleski
President
#TechStarters
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"Be Approachable"
Networking is very important in the business world. Making connections will not only help your business succeed in the future, but it can also lead to business partnerships that can help both parties now.
A key factor in networking is to be welcoming. A warm smile makes the biggest difference. More people will find it easy to have a conversation with you, which will lead to more contacts.
Remembering the small details they tell you will make someone feel like they were important to you. People love being heard, but they love it more when people remember what they told them. If you ask someone how their son/daughter did in their basketball tournament they told you about during the last time the two of you spoke, it will give them a sense that you genuinely care about them. It all starts with a smile.
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Advancing Opportunities provides person-centered, community-based services and supports to people with disabilities and their families so they may live as independently as they are able.
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Imagine being able to assist local charities by doing something as simple as offering your employees access to beverages in your facility. Coca-Cola, in partnership with CCSNJ, offers members access to the Vend4Cause program. Vending machines and/or coolers supported by Coca-Cola can be placed in your business and a portion of every dollar spent is given to a charity of your choice. For more information click here.
Contact:
Ashley Merryman at Charity Changer at (816) 787-7400 or
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Bernie Flynn, president and CEO of New Jersey Manufacturers Insurance Company, has been selected as the Person of the Year by the Trentonian newspaper.
The newspaper cited NJM's efforts in promoting teen driver safety and hiring Arc Mercer trainees on top of delivering its 23rd annual consecutive Special Dividends payment to NJM policyholders. The Trentonian indicated the selection of Flynn was an easy one.
"It's certainly an honor, but it's one I share with the entire NJM team," Flynn said in accepting the award. "We were able to accomplish what we did in 2016 due to the commitment of our 2,500 employees."
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