Special Sections

Analysis

E-DISCOVERY & COMPLEX LITIGATION

NJLJ Contributors | April 16, 2018

The latest insights in hi-tech litigation: covering crypto-currencies, cyberattacks, technology assisted review, spoliation of electronic evidence and more.

Analysis

Why Cybersecurity Matters in High-Stakes Litigation

Avi Benayoun and Chelsea Koff | April 13, 2018

Preserve, preserve, preserve … but what about protect?

Analysis

Has ‘Inherent Authority’ Survived Amended Rule 37(e)?

Mark S. Sidoti and Joshua S. Levy | April 12, 2018

A look at where the Third Circuit stands on spoliation of electronic evidence

Analysis

Discovering the Digital Wallet

Susan M. Usatine | April 12, 2018

Conventional currency, credit cards and bank accounts no longer provide a complete financial picture.

Analysis

Retaining Control over use of Technology-Assisted Review

Donna Fisher, Matthew Hamilton and Sandra Adams | April 12, 2018

A look at "Winfield v. City of New York" in view of three significant TAR cases authored by S.D.N.Y. Magistrate Judge Peck, and other illustrative cases, as well as suggestions for best practices.

Analysis

Ethical Considerations in E-Discovery: Avoiding Malpractice Claims

Marie L. Mathews and Brigitte M. Gladis | April 11, 2018

Electronic discovery, even more so than traditional paper-based discovery, can present treacherous ethical and malpractice pitfalls for all attorneys, even those who practice at the requisite level of technological competence.

Analysis

TRUSTS & ESTATES / WEALTH MANAGEMENT

NJLJ Contributors | April 02, 2018

This supplement covers will contests based on undue influence, estate-planning using IRAs, and the tax aspects of cryptocurrency.

Analysis

Recent Cases Address Undue Influence in Will Contests

Angela Titus McEwan | March 30, 2018

Unfortunately, for every Abel there is a Cain, and our elderly sometimes succumb to the desires of others to ensure their own survival.

Analysis

Tax Consequences of Cryptocurrency Transactions and Correcting Historical Noncompliance

Michael A. Guariglia and Lawrence A. Sannicandro | March 30, 2018

Promises from the government to impose civil penalties and pursue criminal sanctions are not veiled threats.

Analysis

Estate and Tax Planning Use of Trusts for Qualified Plan Assets

Gary S. Young and Frank L. Brunetti | March 30, 2018

The goal is to enable the trustee to defer income taxes on the benefits while coordinating the requirements of the client, the trustee, the plan administrator and the IRS.

Analysis

EMPLOYMENT LAW

NJLJ Contributors | March 21, 2018

A special section covering current topics of interest, including banning questions regarding an applicant's salary history, combating and investigating workplace harassment, and what the new governor will bring to the employment arena.

Analysis

Salary History Ban Laws Aim to Close Gender Pay Gaps

Joseph Maddaloni Jr. and Cynthia L. Flanagan | March 20, 2018

Although these laws could expand some risks for employers, employers are well-advised to take a proactive approach to pay equity.

Analysis

Social Media in the Hiring Process: Pitfalls and Protections

Lisa Gingeleskie | March 20, 2018

In a world where employee and applicants’ background and personal information is merely a click away, employers need to be wary of the risks associated with the use of that information.

Analysis

What’s to Come from the Governor’s Desk re: Employment

David Lichtenberg | March 19, 2018

If Governor Murphy’s initiatives are enacted, employers in New Jersey must be prepared for their impact on the workplace.

Analysis

A Preview of Proposed EEOC Enforcement Guidance and Effects of #MeToo

Kirsten Scheurer Branigan and Jessica Stein Allen | March 19, 2018

Combatting workplace harassment with “fully resourced” complaint systems, independent investigations and a new approach to training

Analysis

Conducting a Workplace Investigation after a Sexual Harassment Claim

Arthur L. Raynes and Brian Byrne | March 16, 2018

Practical guidance for employers, highlighting areas of legal concern

New Partners Yearbook 2018

New Jersey Law Journal | March 05, 2018

A listing of New Jersey attorneys who made partner during the last year.

Some Tips for Refining AICRA

Einhorn, Harris, et al. | February 21, 2018

Efforts are under way to bring much needed change to New Jersey’s “no fault” system under the Automobile Insurance Cost Reduction Act.

The Right to Trial by Jury: A Bulwark Against Anti-Democratic Forces

Gerald H. Baker | February 21, 2018

One of the main pillars of a democratic society is the right to trial by jury. The Supreme Court opinion in 'Williams' affirms that right.

New Act Regulates Transportation Network Companies

Gerald H. Baker | February 21, 2018

On Feb. 20, 2017, the legislature approved the Transportation Network Company Safety and Regulatory Act, to provide for the uniform regulation of digital network companies (such as Uber and Lyft).

This Year’s Cases on PIP Benefits and Automobile Injury

Gerald H. Baker | February 21, 2018

  Below are reviews of five cases—three of them dealing with PIP benefits, and two that are relevant to automobile injuries. Admissibility…

A Look at No Fault in 2017

Gerald H. Baker | February 21, 2018

The primary purpose of this supplement is to review every case, rule and regulation dealing with the verbal threshold, PIP benefits and UM/UIM coverage. In addition, I review other cases that deal with “automobile injuries.”

Index to Verbal Threshold Opinions

Gerald H. Baker | February 21, 2018

A list of verbal threshold cases, organized by type.

Bio of Gerald H. Baker

New Jersey Law Journal | February 21, 2018

Baker is a noted expert in the area of automobile insurance law and the author of most articles in this special issue.

BANKRUPTCY LAW

NJLJ Contributors | February 12, 2018

In this special section, articles cover the WARN Act, automatic stay litigation, and significant recent case law related to bankruptcy issues in the Third Circuit and beyond.

When is a Package ‘Received’? The Answer Can Make all the Difference

Eric R. Perkins and Virginia Shea | February 09, 2018

The Third Circuit has become the first Circuit Court to squarely address whether receipt means the date of shipment or the date of physical possession by the buyer.

FAMILY LAW

NJLJ Contributors | January 22, 2018

In this supplement, learn about how the tax overhaul affects family law matters; "forensic mediation" in a matrimonial case; #MeToo and a divorce matter; and the importance of securing life insurance to cover support obligations.

To Divorce or Not to Divorce in the Age of #MeToo and ‘Time’s Up’

Carl J. Soranno, Mia V. Stollen and Kelley M. Rutkowski | January 22, 2018

How these movements have brought a fresh perspective to this age-old question.

Drafting Divorce Agreements to Address Life Insurance Obligations 

Nicole A. Kobis | January 22, 2018

The security life insurance provides does not diminish after a divorce, but arguably becomes even more important.

Forensic Mediation in a Matrimonial Matter

Ronny Jo Siegal and William J. Morrison | January 22, 2018

Two experts suggest a new process: "forensic mediation," where the forensic accountant works in stages and involves the mediator, attorneys and parties at each step.

New Federal Law Makes the Practice of Family Law More Taxing

Gary R. Botwinick and Cimmerian A. Morgan | January 22, 2018

The changes implemented by the Tax Cuts and Jobs Act of 2017 go right to the core of many issues faced by family law attorneys on a day-to-day basis.

Professional Malpractice

NJLJ Contributors | January 15, 2018

In this special section, we look at malpractice from different angles: What if the judge makes a mistake, not the attorney? What if the outcome is not what the client wanted, through no fault of the lawyer? Do patients/clients have a right to know the extent of a professional's experience? And avoiding malpractice, right from the intake interview.

Client Intake: Potential Pitfalls to Avoid at the Outset of Retention

Ronald L. Israel, Marie L. Mathews and Brigitte M. Gladis | January 15, 2018

Performing the legwork at the beginning of representation can help avoid unfortunate discoveries later on.

Judicial Error: The Forgotten Defense

Michael K. Furey and Sylvia-Rebecca Gutierrez | January 15, 2018

Sometimes, the trial judge can make an error that may prove decisive in the case. Is this a defense when the attorney is sued by her client for malpractice?

The Immunity of Attorneys for the Occasional Bad Result

John L. Slimm and Jeremy J. Zacharias | January 15, 2018

It is an unpleasant fact that a bad result may occur when representing a client. Attorneys are not “guarantors,” “backstops” or “insurers” of the outcome of a matter they handle.

Surgical Robots are all the Same, but Robotic Surgeons Aren’t

Armand Leone Jr. and Robert J. Cerfolio | January 15, 2018

To twist a phrase from the Wizard of Oz, patients need to know “Who is that man behind the robot?”

Best of 2017

New Jersey Law Journal | January 11, 2018

The results are in. The attorneys have voted! Click here to view the special section.

Ranking

Top New Jersey Verdicts and Settlements of 2016

New Jersey Law Journal | December 13, 2017

Welcome to New Jersey’s Top Settlements of 2016, a special supplement of the New Jersey Law Journal in partnership with VerdictSearch. The following pages represent the passion, determination and skillful expertise of your colleagues with favorable verdicts, settlements, mediations, arbitrations and decisions. Our list of high-ranking settlements was obtained from VerdictSearch in August and reflect cases that were reported and finalized as of that date.

Product Liability & Class Action

Juliette Gillespie | December 11, 2017

In this special section, expert practitioners analyze the impact of significant cases such as In re: Accutane Litig., Sinclair v. Merck, and Bristol-Myers…

Employment Law

NJLJ contributors | December 04, 2017

Expert practitioners look at whistleblower protections, defending sexual harassment claims, dealing with opioids in the workplace, and much more.

Research

NJ Law 2017

David Gialanella | November 20, 2017

The Law Journal releases NJ Law each fall to present readers with the various data projects produced over the course of the year, from the New Jersey…

Profile

Diverse Attorneys of the Year

David Gialanella | November 07, 2017

The Law Journal recognizes 15 diverse attorneys for their exceptional accomplishments.

Appellate Division Further Refines ‘Continuous Trigger’ in Progressive Injury Claims

Ric Gallin and Alicia Langone | November 06, 2017

The Appellate Division revisited the “last pull of the trigger” recently in its "Air Master" decision -- another important step in New Jersey courts’ allocation of risk among successive insurance policies where injury occurs over an extended period of time.

Is NJ Workers’ Compensation Law Etched in Stone?

Jay H. Bernstein | November 06, 2017

An argument for updating the 1911 schedule of disabilities with a modern wage-loss system.

A Primer on Employer’s Duty to Accommodate Employees Injured in the Workplace

Andrew M. Moskowitz | November 06, 2017

Are employers required to provide light-duty work for an injured employee? Must they keep an injured employee's job open for more than 12 weeks? Can they retaliate against an employee for filing a workers’ compensation claim?

Profile

Law Journal Announces Diverse Attorneys of the Year

David Gialanella | October 17, 2017

Every two years, the Law Journal editorial staff sets out to recognize excellence among diverse attorneys in New Jersey. As in 2015 (the Law Journal's…

Analysis

Intellectual Property & Life Sciences

njlawjournal | September 18, 2017

In the Law Journal’s Intellectual Property & Life Sciences supplement, articles focus on the new challenges presented by 3D printing, and the…

Family Law

Nichole Morford | July 24, 2017

In the Law Journal's Family Law supplement, articles focus on equitable distribution, lifestyle analysis and other topics. 'Equitable' Distribution…