New Jersey Law Journal | Commentary
By Michael F. Schaff and Seth Tipton | January 26, 2024
The primary reason that ethical issues arise when an attorney is representing a client in the cannabis industry stems from the fact that cannabis remains federally illegal.
New Jersey Law Journal | Commentary
By Betsy G. Ramos | January 25, 2024
This case was decided in accord with other similar negligence cases in which the courts use a "foreseeability analysis" in determining whether a duty of care should be imposed upon a defendant for an incident resulting in an injury to a third party.
New Jersey Law Journal | Commentary
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
New Jersey Law Journal | Commentary
By New Jersey Law Journal | January 22, 2024
This year's family law special section covers the antiquated legal difficulties that same-sex couples face when they try to adopt; offers advice about dividing child custody time in ways that are best for the child; explains the many nuances of dividing business and retirement assets in divorce; and much more.
New Jersey Law Journal | Commentary
By Lisa S. Presser and Brian M. Balduzzi | January 22, 2024
With many couples choosing to wed for the first time later in life, and other couples choosing to re-marry in their golden years, changes in marital status can impact a family's estate planning in important ways. Both family law and estate planning attorneys should be aware of the substantive nuances each brings to the client relationship as well as ethical issues in this type of engagement.
New Jersey Law Journal | Commentary
By Tracy Julian and Matthew A. Smuro | January 22, 2024
Equitable distribution of assets is a multi-phase process that includes: (1) identifying each asset owned by either party; (2) valuing each asset; and (3) allocating ownership interests and distributing each asset pursuant to the factors set forth in N.J.S.A. 2A:34-23.1.
New Jersey Law Journal | Commentary
By Tanya N. Helfand | January 22, 2024
When negotiating equitable distribution in a divorce, both sides should consider the possible benefits and risks of the division of assets in equitable distribution. One option that can work in many cases is the immediate offset of a pension based on present value.
New Jersey Law Journal | Commentary
By David Carton and Lynne Strober | January 22, 2024
One of the roles of a family law attorney is to play defense with respect to dissipation of a marital estate during a divorce. There are two vehicles an attorney can use to achieve the goal of preventing the sale of real estate: (1) obtain an order prohibiting the sale of real property; or (2) file a notice of lis pendens.
New Jersey Law Journal | Commentary
By Rebecca E. Frino and Xena A. Balcazar | January 22, 2024
Has a client asked you to look under every rock to account for every dollar spent in their 20-plus year marriage? Has a party refused to provide responses to discovery to the point where litigation has ground to a halt and the case cannot proceed? Has a client demanded that you depose the other party's employer? If you are regularly involved in divorce litigation, the answer to these questions is likely a resounding "yes."
New Jersey Law Journal | Commentary
By Kristen E. Marinaccio | January 22, 2024
Even with the steps forward taken by this state to promote equality for same-sex couples with respect to marriage and adoption, it is evident there are still gaps in our statutory scheme that need reform to adequately reflect society's evolving attitude to promoting strong family structures for all couples seeking to start a family.
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