Special Sections

Analysis

What Marijuana Legalization Means For Employers

David Disler | August 10, 2018

As Governor Murphy works to make New Jersey the ninth state to legalize recreational marijuana, employers throughout the state are paying close attention to what is occurring in Trenton.

Analysis

Opioid Accommodation: Overview, Case Study and Recommendations

Benjamin E. Widener | August 10, 2018

Employers should be part of the solution to this epidemic; they can start by helping their affected employees.

Analysis

The Settlement of Harassment Claims in the #MeToo Era

James W. Boyan III and Yelena Yukhvid | August 09, 2018

This article reviews a proposed bill in New Jersey, summarizes the federal law and Washington State’s new law, and offers suggestions for practitioners.

Seeking Nominations: Top Women in The Law 2018

Juliette Gillespie | August 09, 2018

We are seeking nominations for female attorneys who have influenced the law and legal profession in exceptional ways over the last two years.

Analysis

Diane B. Allen Equal Pay Act: A Substantially Dissimilar Law

Catherine P. Wells, Kathleen A. Faehner and Ilana Levin | August 09, 2018

The act—which applies to all employers in New Jersey, regardless of size—has been both hailed and criticized as the broadest pay equity law in the nation.

Analysis

The Times They Are a-Changin' for NJ Employers

Steven I. Adler | August 08, 2018

Gather round employers, there’s a battle outside and it’s ragin’. The new employment laws will soon shake your windows and rattle your walls, for the times in New Jersey they are a-changin’.

Analysis

The Expanding Nature of Legal Recognition of Families

Matthew S. Coleman | July 20, 2018

Changes in society necessitated that the law and the courts evolve past the heteronormative concept of a “traditional family” and adapt to the many different ways that people form families.

Analysis

Planning for Special Needs Children in a Divorce

Deirdre R. Wheatley-Liss and Elizabeth M. Shea | July 19, 2018

What planning should be done during a divorce proceeding to properly prepare for lifetime issues related to a child’s disabilities?

Analysis

Gestational Surrogacy Contracts Enforceable in NJ 30 Years After 'Baby M'

Tracy Julian | July 18, 2018

The New Jersey Gestational Carrier Agreement Act, effective May 30, permits gestational carriers and intended parents to execute legally enforceable surrogacy contracts.

Analysis

Helicopter vs. Free Range: Endorsement of Parenting Style in the Law

Sandra C. Fava and Katherine A. Nunziata | July 13, 2018

Where is the line between laid-back and neglectful? Between hands-on and smothering? Legislative preference for a certain parenting style, and the attitude of the adjudicator, can affect a custody determination.

Analysis

Real-Life Candid Camera: The Pros and Cons to Surveillance in Family Practice

Carl J. Soranno and Mia V. Stollen | July 12, 2018

Carl J. Soranno and Mia V. Stollen look at three surveillance techniques in the context of family litigation, and analyze the risks and rewards of each.

Video

NJLJ Attorney of the Year: Watch the Finalists' Videos

David Gialanella | June 27, 2018

Video profiles of each Attorney of the Year finalist were played at the Law Journal's Professional Excellence event on June 21. View those videos here.

Event

Professional Excellence: Meet the Winners

David Gialanella | June 21, 2018

This year’s Professional Excellence honors, recognizing fine work done in 2017 and in some cases well before that, look a bit different from years…

Profile

'Understanding Your Role' in Real Estate Deals Key For Riker Danzig's Busy 2017

Nicholas Racioppi Jr. | June 20, 2018

"I always say that our clients have the very tough job of finding opportunities in a crazy competitive market. Our role is to understand our clients’ goals and to protect them from a legal perspective while getting the job done."

Profile

Chiesa Shahinian Tackles Mid-Market M&A as Big Law Moves 'Downstream'

Ariel Rivera | June 20, 2018

Mergers & Acquisitions

Profile

Flaster/Greenberg Rings Up Showboat Deal in 2017, Sees 'Robust' Market

Molly O. Grimm | June 20, 2018

Mergers & Acquisitions

Profile

Sherman Credits Both Creditor- and Debtor-Side Bankruptcy Work For Strong 2017 at Sills

Andrew Sherman | June 20, 2018

"The Sills Cummis bankruptcy group has developed a niche in representing creditors’ committees in hospital cases. Consequently, the number of cases is dependent on the state of health care throughout the nation. As the current health-care market related to hospitals is both choppy and uncertain, those forces directly impact my practice area."

Profile

Transaction Cost, Not Hourly Rate, Drives Value For Dealmaking Counsel, Pepe Says

Donald M. Pepe | June 20, 2018

"You need to offer value, first and foremost. However, value does not always mean the lowest hourly rate. A low hourly rate tied with having endless .10 entries, four attorneys on a file doing duplicative work or worse, junior associates on a file who are learning on the clock, will translate into a higher transaction cost despite a lower rate."

Profile

2018 New Leaders of the Bar

Juliette Gillespie | June 20, 2018

Christina M. Abreu Firm: Weber Gallagher Law School: City University of New York School of Law, J.D., 2008 College: Rutgers University, B.A., 2003 Career:…

Profile

Connelly Uses 'Inner Teacher Instinct' at Lindabury McCormick

Kathleen Connelly | June 19, 2018

"I have always had an inner teacher instinct that does not want to simply delegate, but strives to educate individuals so that they are armed with the information they need ... I remember often feeling both terrified and incompetent in my early years, and I try to change that experience for young associates to the extent I can."

Profile

Rosen, 'Frustrated Teacher' at Heart, Sees Mentorship as More Important Than Ever

David Rosen | June 19, 2018

"The legal profession’s need for mentoring today has never been more urgent. Long gone are the days when clients tolerated law firms overstaffing cases with additional attorneys for the primary purpose of training them."

Profile

Young Says 'Practicing Law' Takes Just That: Practice

Gary Young | June 19, 2018

“'Practicing law' is just that: as time goes by, you learn from experience. As I became a more seasoned lawyer, I was increasingly exposed to younger lawyers that worked on my clients’ matters and under my direction. I found that I enjoyed being the 'teacher' in an 'on the job teaching' format."

Profile

'Mentorship Equals Leadership,' Parker Ibrahim's Parker Says

Scott Parker | June 19, 2018

"The legal profession can be daunting, particularly at the outset of a lawyer’s career. There is an enormous dichotomy between a legal education and the profession itself, and mentors play an important role in bridging that gap."

Profile

Wechsler's Mentorship Has Broad Impact at Einhorn Harris

Mark Wechsler | June 19, 2018

"One learns the law a minimum of three times: while in law school, to pass law school exams: at the conclusion of law school, to pass the bar exam; and in practice. Each incarnation is markedly different."

Profile

Curtin: 'Education,' 'Integrity' and 'Help' Key to Legal Profession's Future

David Gialanella | June 18, 2018

"The key word here is 'help. Mother Theresa said that God gave you two hands, one to help yourself and one to help others. A good lawyer has to be able to do both."

Profile

Don't Forget The 'Most Important Aspect' of Lawyering, Cafferty Says

Thomas J. Cafferty | June 18, 2018

Thomas J. Cafferty has made a career of advocating for media rights, particularly as longtime general counsel to the New Jersey Press Association.…

Profile

Attorney of the Year Finalist: Seeking Out 'Unlitigated Areas' Defines Griffin's Career as OPRA Advocate

David Gialanella | June 15, 2018

A partner at Pashman Stein Walder Hayden in Hackensack, Griffin has developed a reputation as one of the state's most active Open Public Records Act litigators.

Profile

Attorney of the Year Finalist: Porrino, Eyeing 'Horizon,' Treats Attorney General Job as a 'Sprint'

David Gialanella | June 15, 2018

According to Christopher Porrino, who finished his term as New Jersey's 60th attorney general early this year, knowing the "horizon" of a job amounts…

Profile

Legal & Litigation Departments of the Year: Meet the Winners

David Gialanella | June 13, 2018

Read each winner's Q&A profile here.

Profile

Pashman Stein Walder Hayden Appellate Practice Tackles OPRA

David Gialanella | June 11, 2018

"In the end, we rely in some measure on faith that our good work will continue to strengthen our reputation and expand our visibility as one of the best litigation groups in the region, which, in turn, will increase the likelihood that the calls will keep coming."

Profile

NJ Investments Paid Off For Rivkin Radler in 2017

David Gialanella | June 11, 2018

"When [we] joined the firm, our goal was to enhance an already value-driven intellectual property practice in New York with growth in New Jersey. We are doing just that by providing added value to our litigation clients with our unique blend of litigation strength ... with transactional experience, and our unique understanding of New Jersey practice."

Profile

Mazie Slater Focused on Mesh, Benicar, Other Products Work in 2017

David Gialanella | June 11, 2018

"While the 'walls have come down,' allowing out-of-state litigators to practice more regularly in New Jersey, we have found that there is an advantage to being a New Jersey-based law firm. We have much greater familiarity and understanding of New Jersey practice and procedure, and we are much more familiar with the judges, juries and the workings of New Jersey courts."

Profile

Publicly Watched Cases, Trial Work Highlight Greenbaum Rowe's 2017

David Gialanella | June 11, 2018

"There is no more efficient or effective attorney than one who embodies a commitment to professionalism."

Profile

For Injured Workers, Ginarte Gallardo Sought to 'Return Life to Normal'

David Gialanella | June 11, 2018

"The litigation department as a whole works vigorously to help return the client’s life to as normal as possible."

Profile

Genova Burns Found Success in Labor, Wage, Employee Suits in 2017

David Gialanella | June 11, 2018

"We recognize the importance of aggressively litigating employment disputes. But equally important is our recognition that client resources are limited, that employment disputes continue to increase in volume, and that reaching an early, inexpensive compromise may be in the client’s best interest."

Profile

Lerner David to Clients: 'Rise Above the Noise' in 'Heated' IP Disputes

David Gialanella | June 11, 2018

"A large percentage of IP litigation takes place between direct competitors, so it can get surprisingly heated. Some clients take such disputes personally, which can lead to escalating rhetoric at best and unnecessary sideshows at worst. We consider it part of our job to help our clients rise above the noise and keep a laser-like focus on winning the case on the merits."

Profile

Honeywell's Madden Takes GC Post, Tackles Privacy, Diversity in 2017

David Gialanella | June 11, 2018

"From an increased focus on personal privacy and the protection of intellectual property, to numerous geographies, languages, and customs that are becoming more connected, integrity and compliance is more important than ever."

Profile

In Revamp, Avis Budget Sees Outside Counsel Spend, and Roster, Shrink

David Gialanella | June 11, 2018

In 2017, Avis Budget Group Inc. brought new meaning to the term "convergence," which in legal circles means the consolidation of a law department's outside…

Profile

'Sailing in Uncharted Waters' Part of the GC Job, Atlantic Health's O'Halloran Says

David Gialanella | June 11, 2018

"Health care is a highly regulated field that is undergoing a tremendous amount of upheaval as government and commercial payers are moving from a fee-for-service payment model to one based on value. Meanwhile, access to high quality health care services, affordability and price transparency are increasingly urgent issues to address."

Profile

'Impact Well Beyond the Law' Required of GCs Today, Woodmont's Santola Says

David Gialanella | June 11, 2018

"Being able to adapt and manage such a rapidly growing enterprise has been new terrain for my team and me. One thing is for certain, no two days are alike."

Profile

Ortho Legal Department Wraps Brazil Deal, Tackles GDPR in 2017

David Gialanella | June 11, 2018

"The easiest path for any lawyer is simply to say 'no'—however, a lawyer operates at the most sophisticated level when he or she can create solutions that are effective and manage risk appropriately. That is how the Ortho Legal and Compliance Department is focused."

Profile

Quest Legal Department: Pro Bono Clients, Like Any Other, Need Problems Solved

David Gialanella | June 11, 2018

"While there may have been many pro bono achievements over the years, the most significant accomplishment in 2017 was the creation of a department pro bono team and the opportunity for the team to organize and offer a Pro Bono Clinic at the 2017 Quest Diagnostics’ Legal Summit in Parsippany, New Jersey."

Analysis

Avoiding the Imposition of a Legal Duty on Detail Representatives

Michael C. Zogby and Daryl Daly | May 14, 2018

Courts in many jurisdictions have found that detail representatives owe no legal duty to patients or physicians under failure-to-warn principles or medical malpractice negligence theories.

Analysis

How to Challenge Enforcement of Arbitration Agreement Against Nursing Home Resident

Edward Grossi | May 14, 2018

The enforceability of arbitration agreements between nursing homes and their residents is a fact-driven inquiry and implicates important policy considerations related to public safety that are not found in the typical dispute over an arbitration provision.

REAL ESTATE & CONSTRUCTION

New Jersey Law Journal Contributors | April 25, 2018

Articles on construction delays, contractor disputes, and a possible plan for improving the country's infrastructure.

Analysis

No-Damages-for-Delay Provisions: How to Make them Enforceable

Samuel I. Portnoy and Kate E. Janukowicz | April 25, 2018

Under New Jersey law, certain principles of contract interpretation may limit or undermine no-damages-for-delay provisions, and some conduct may nullify even the most well-drafted clauses.

Analysis

Owners and Sureties: An Odd Couple, but it Works

Jacqueline Greenberg Vogt | April 24, 2018

When a contractor is in default, should the property owner partner with the surety to complete the project ? Or are their interests hopelessly misaligned?

Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen | April 24, 2018

Lenders are frustrated, the courts are log jammed, and homeowners are suffering.

Analysis

Public-Private Partnerships and the President’s Infrastructure Draft Bill

Timothy F. Hegarty | April 24, 2018

Analysis of President Trump's long-awaited infrastructure plan, which was released earlier this year.

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.