Climate Change in the Current Climate

In this blog, Amie Kalac takes a look at a trending area of law regarding private actions against parties allegedly responsible for climate change. Amie discusses the legal and political conditions in the U.S. surrounding climate change and the evolving impact of the Trump administration on climate change policy and law.

Author: Amie Kalac | Practice Area: Environmental & Toxic Tort, Asbestos, National Counsel, Toxic Torts, Litigation & Compliance / Enforcement

The Sharks are Circling: How a Design Professional Can Protect Its Work in the Digital Age

The technological revolution of the last quarter century has connected the world in ways unimaginable by facilitating the free-and-easy dissemination of information. In this blog, Sean Ryan breaks down a recent case which illustrates the importance of registering the work and the substantial benefits that emanate from federal copyright protections.

Author: Sean Ryan | Practice Area: Architects & Engineers, Design Defects/Errors & Omissions, Risk Management

Appellate Court Confirms that Agreements to Arbitrate Law Against Discrimination Claims are Enforceable

A recent New Jersey Appellate Division decision has confirmed that agreements between employees and employers to arbitrate discrimination or retaliation claims can be enforced, thereby barring employees from bringing such a lawsuit in civil court. In this blog, Aron Mandel reviews the recent decision and discusses why the employment agreement was found favorable by the court.

Author: Aron Mandel | Practice Area: Labor & Employment Law, Defamation of Character, Discrimination in the Workplace, Employer Insurance Coverage, Harassment in the Workplace, Hiring & Firing of Employees, Policies & Procedures, Employment Agreements

Whistleblowers Can’t Just Play the Blame Game

Leslie S. Park discusses a recent New Jersey Appellate Division decision that makes clear that general reference of a law, policy or regulation may not be enough to support a claim under CEPA. Learn about how plaintiffs can support a viable CEPA claim and how this relates to the conduct or action causing the complaint.

Author: Leslie Park | Practice Area: Labor & Employment Law, Harassment in the Workplace, Hiring & Firing of Employees, Policies & Procedures, Public Employers and Employees, Discrimination in the Workplace

In Case You Missed It – NJ Superior Court Tackles Transgender Child’s Name Change in a Case of First Impression

In the recent matter of Sacklow v. Betts, the New Jersey Supreme Court was presented with Ms. Sacklow's application to change the name of her transgender child. The matter was decided on March 17, 2017, when the Court found the name change would be in the child’s best interests. In this blog, Andrea Mackaronis breaks down the list of factors that were created and considered by the Court in the decision that will pave the future of transgender youth in New Jersey.

Author: Andrea Mackaronis | Practice Area: Family Law, Alimony, Spousal Support, and Separate Maintenance, Child Custody & Parenting Time, Child Support, Equitable Distribution of Assets and Liabilities, Collaborative Law, Mediation, Arbitration, and Alternatives to Litigation, Pre-nuptial Agreements

Back to School Tips for Divorced Parents

Transitions are always difficult for divorcing or divorced families, as new schedules and obligations can disrupt mutually agreed-upon rules and practices. Just like summer break, the start of the school year can create issues and questions for parents who are separated or divorced. Jessica N. Mazur covers the main concerns for divorced parents and gives tips on how to make the school year run smoothly.

Author: Jessica Mazur | Practice Area: Family Law, Separation, Child Custody & Parenting Time, Child Support, Equitable Distribution of Assets and Liabilities, Pre-nuptial Agreements, Collaborative Law

The Shielding of Documents Under New Jersey's Patient Safety Act

It is critical for health care facilities to understand the Patient Safety Act (PSA) and its regulations so that they can ensure that their documents and communications related to post-incident investigations are privileged. In this blog, Sharon Flynn breaks down the PSA and reveals what health care facilities can do to minimize the risk of exposing internal documents in court.

Author: Sharon Flynn | Practice Area: Health Care Law, Health Care Facilities, Professional Liability & Malpractice Defense

"I'm taking the dog.": 7 Reasons Why Engaged Couples Should Sign Prenuptial Agreements

We all remember the scene in Legally Blonde when Elle Woods helps her manicurist, Paulette, take back her dog from her less-than-charming ex husband. Making the painful decision as to who gets the dog after a divorce doesn’t have to be your responsibility. Property, inheritance, even ownership of the antique bedframe, can all be listed in a Prenuptial Agreement which helps preserve each partner’s expectations and immediately prevents surprises if a divorce should arise.

Author: Jessica Mazur, Brian McFadden-DiNicola, Andrea Mackaronis | Practice Area: Family Law, Pre-nuptial Agreements

Splitting Custody & Moving? Interstate Relocation Cases are Changing in New Jersey.

The New Jersey Supreme Court did a very rare thing on Tuesday, August 8, 2017, which will have a significant effect on all interstate relocation cases in New Jersey. In the case of Bisbing v. Bisbing, the New Jersey Supreme Court found adequate reason to stray from the stare decisis principle and reset the standards for interstate relocation cases.

Author: Brian McFadden-DiNicola | Practice Area: Family Law, Child Custody & Parenting Time

Opportunities for Composition in Brief Writing: Gain Every Advantage for your Client

Legal writing is one of the most discussed topics in the practice of law, yet there are additional tools available for effective advocacy that the average attorney may be unaware. Attorney Mark Bonavitacola shares tips for brief drafting, local briefing requirements and the best way to showcase your knowledge and defend your client.

Author: Mark Bonavitacola | Practice Area: Construction Law, Design Defects/Errors & Omissions, Architects & Engineers, Construction Delay Claims, Construction Defect, Risk Management

The Resistance Against Avvo's Client-Linking Services Spreads to New Jersey

New Jersey joins a number of States in banning attorneys’ participation in Avvo’s programs which require attorneys to pay “marketing fees.” In this blog, Joseph V. Leone and Samantha R. Catanese examine the Joint Opinion issued by New Jersey Supreme Court prohibiting New Jersey attorneys from participating in the Avvo client-linking legal service.

Author: Joseph Leone, Samantha Catanese | Practice Area: Construction Law, Premises Liability, Trucking & Transportation, Plaintiff's Personal Injury, Legal Malpractice Defense, Criminal Defense, DWI-DUI, Transactional / Business, Governmental Law, Real Estate Tax, Commercial Real Estate, Corporate Law & Transactions

A New Consideration in Litigating Automobile Negligence Actions: Recoverability of Medical Expenses that Exceed PIP Coverage Limits

New Jersey has a new consideration in litigating automobile negligence actions: recoverability of medical expenses that exceed PIP coverage limits. In this blog, Sarah Buckley discusses how this decision increases the value of cases in situations where a plaintiff may have chosen a smaller amount of PIP coverage but has sustained serious injuries as a result of a motor vehicle accident.

Author: Sarah Buckley | Practice Area: Insurance Coverage & Bad Faith Litigation, Automobile Liability, General Liability

The Roof Over Your Head Should Cover More Than Just You

Roof warranties often protect owners from issues encountered during warranty periods. In this blog, attorney Peter K. Oliver divulges three, need to know contract clauses to look for when replacing your roof, and offers an insightful look at Tesla's solar roof warranties, a product that is set to enter the market June 2017. If your roof fails to cover you, you should know what your roof warranty covers.

Author: Peter Oliver | Practice Area: Construction Law, Construction Defect, Design Defects/Errors & Omissions, Risk Management

You've Been Served: on Facebook?

In the age of social media, tortious conduct can easily arise between people in different states. What recourse does a litigant have when they are seeking to obtain jurisdiction over someone who has harmed or wronged them from another state and is not able to be served in New Jersey? Find out how out of state service via Facebook can satisfy the court.

Author: Juliann Alicino | Practice Area: General Liability

Appealing NJ Municipal Court DWI Convictions May Stay Your License Suspension

When a defendant is convicted of driving while intoxicated (DWI) in New Jersey, the municipal court is required to suspend that defendant’s driver’s license. If a defendant chooses to appeal their conviction, their attorney will often request a stay of the license suspension. Based upon the Court’s ruling in Robertson, defense attorneys should have relatively easy time obtaining a stay of their client’s license suspension while an appeal from municipal court to the Law Division is pending.

Author: William McGuinn | Practice Area: Criminal Defense, DWI-DUI

Planning for Summer Parenting Time During a Divorce

For children, summer is traditionally a time for school break, summer camp, pool trips, and family vacations. Unfortunately, for children whose parents are going through a divorce, summer can also mean fighting parents and a poorly planned vacation. In this blog, Attorney Brian McFadden-DiNicola shares tips to help divorcing couples ensure fond summer memories for their children.

Author: Brian McFadden-DiNicola | Practice Area: Family Law, Child Custody & Parenting Time

Watch Your Step! Elevator Accidents Require Prior Notice of their Dangerous Conditions.

Elevators are a common source of liability for commercial properties and the parties who own, operate and maintain those properties. The failure to properly inspect and care for elevators can lead to liability for all those involved with their use. The liability analysis imposed by our courts is fact sensitive. General legal principals of premise liability apply requiring a demonstration of actual or constructive notice of the dangerous condition to impose liability.

Author: Joseph Leone | Practice Area: Premises Liability

Digital Discrimination: How Online Job Applications May Subject Employers to Legal Action

The job market and application process are increasingly being driven by digital job platforms such as Monster, Indeed, and CareerBuilder, in addition to employers’ own company websites. While perhaps increasing efficiency, these online application platforms also raise unique legal considerations which may potentially increase employers’ exposure to claims of unlawful discrimination.

Author: Salvatore Mautone | Practice Area: Labor & Employment Law

You Finally Decided Upon Divorce. Could a Collaborative Approach Work Best for You?

We are in the midst of what some family attorneys refer to as “divorce season,” which marks a spike in divorce filings in the couple of months following the holidays. Divorce is often portrayed in the media as a melodramatic and scary experience. While divorce is a significant legal event, it does not necessarily have to be overemotional and daunting. Collaborative divorce is an approach that gives

Author: Sarah Buckley | Practice Area: Family Law

Rooted in Precedent and Simultaneously Unprecedented: President Trump’s Executive Action on Immigration

In an informative blog article on the recent updates to Immigration under the Trump Administration, Julio Navarro with our Immigration Department notes the instances in which section 1182(f) of the INA of 1952 was invoked to bar a certain class of persons from entering the country. Within the context of this statute, Mr. Navarro demonstrates that while President Trump’s order is rooted in precedent, it is simultaneously unprecedented.

Author: Julio Navarro | Practice Area: Immigration Law

Roberts, Neumann and the Broad Scope of the New Jersey Charitable Immunity Act.

Every organization, whether a “non-profit” or “for profit”, is open to liability on any number of acts or omissions. However, where a for profit can pass these costs on to consumers, non-profits of all types often cannot. This means non-profits are forced to divert the limited funds they have away from their mission and into the pockets of insurers. A clear trend in the decisions of New Jersey’s Courts has developed in an attempt to remedy this harsh reality.

Author: Joseph Fuirita | Practice Area: General Liability