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May 23, 2024 | New Jersey Law Journal

'I Hope Gov. Murphy Stands With the Public': Clock Ticks to See If Controversial OPRA Bill Is Signed

"Perception really matters," Sen. Michael L. Testa Jr. said. "We have over 9 million New Jerseyans who, to me, a large majority of them, or at least a very loud majority of them, are saying that they want transparency and accountability."
5 minute read
May 13, 2024 | New Jersey Law Journal

OPRA's Attorney Fee-Shifting Provision Draws Concerns

"More broadly, we will continue our fight for open government and for transparency," Liza Weisberg, a staff attorney at the American Civil Liberties Union of New Jersey, said. "We will continue to fight for open government and for transparency, not just to restore the OPRA we had before this bill, but to push it forward. Unfortunately, New Jersey has moved in the wrong direction."
5 minute read
May 09, 2024 | New Jersey Law Journal

NJ Supreme Court Unanimously Rules Child Erotica Statute 'Unconstitutionally Overbroad'

The New Jersey Supreme Court unanimously struck down a portion of a law criminalizing "portraying a child in a sexually suggestive manner" as unconstitutionally overbroad this week because it bars "a large swath of material that is neither obscenity nor child pornography."
5 minute read
May 07, 2024 | New Jersey Law Journal

Third Circuit Overlooks Jurisdictional Problem in New Jersey Insurance Fraud Claims Decision

"The Third Circuit clearly had appellate jurisdiction to decide the first two issues, but it did not have jurisdiction under the FAA to decide the third issue," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
May 03, 2024 | New York Law Journal

Using TikTok Could Become a Federal Crime

President Biden signed a law that bans TikTok in the United States unless ByteDance divests itself from the United States within the next 12 months. If the Chinese government continues to block the sale and the ban ensues, Americans and American companies will have to ask what happens when the server host permits you to access their computer per their terms of service, but the government—a third party to the relationship—does not.
8 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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May 01, 2024 | New Jersey Law Journal

What to Know About New Jersey Courts Ruling in 'Quasi-in-Rem' Jurisdiction Case for Arbitral Awards

"A judgment-debtor should reasonably expect to be haled into court to satisfy a judgment where it has assets," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
April 18, 2024 | New Jersey Law Journal

5-2 High Court Majority: County Prosecutor Organization Not Required to Turn Over Records to ACLU

"Although I wish the dissent's reasoning had prevailed, what seems clear is that when CPANJ's records are in the hands of a prosecutor or other public agency, they can likely still be obtained that way," CJ Griffin, director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden, said in a statement emailed to the Law Journal. "It will just take much more time and effort to track down which of the 21 prosecutor offices holds a particular document."
6 minute read
April 08, 2024 | New Jersey Law Journal

New Dangers Lurk for Law Firms Suing Clients

"I believe anti-SLAPP applies and this complaint is completely frivolous because everything she said is opinion," attorney Bruce Rosen said of a law firm's suit against a former client.
5 minute read
April 04, 2024 | New Jersey Law Journal

On the Move and After Hours: Cullen Dykman; Vaughan Baio; Stark &amp Stark; Pashman Stein; Schenck Price

Judge Francis J. Orlando Jr. joins Vaughan Baio as of counsel; Pashman Stein names a new family law chair; and more moves.
7 minute read
March 26, 2024 | New Jersey Law Journal

A Strict Disciplinarian Is Leaving: What Does This Mean for Lawyer Ethics?

In a review of recent votes of the Disciplinary Review Board, where the vote on a disciplinary action was not unanimous, Judge Maurice Gallipoli sided with the stricter faction more than half the time.
4 minute read