Donovan Swift

August 03, 2023 | New Jersey Law Journal

The subject is theft. Chief Justice Robert Wilentz and a unanimous Supreme Court got it right in 'In Re Wilson' when they stated, "There is nothing clearer to the public, however, than stealing a client's money, and nothing worse." There is no need to revisit this issue.

By Nelson C. Johnson

3 minute read

August 02, 2023 | New Jersey Law Journal

Federal courts, when evaluating cases pertaining to businesses that operate within the cannabis industry, must grapple with what is known as the "illegality doctrine." This doctrine states that courts will not assist a party in recovering "fruits of a crime," and thus cannabis owners in violation of the Controlled Substances Act (CSA) may be denied redress in federal courts.

By Mike Mullen and Matthew G. Miller

7 minute read

August 01, 2023 | The Legal Intelligencer

Consulting experts can make contemporaneous observations of a defect and perform tests that may not be possible to replicate later. The expert can, in consultation with counsel, create the documentation needed to support an appropriate solution and enhance the likelihood of recovery.

By Ronald L. Williams

6 minute read

August 01, 2023 | The Legal Intelligencer

In two important decisions, SCOTUS decided a set of consolidated cases and an appeal from the U.S. Court of Appeals for the Third Circuit regarding the FCA. Justice Clarence Thomas delivered the court's unanimous opinion in the consolidated cases, while Justice Elena Kagan delivered the court's opinion in Polansky.

By Lawrence M. Prosen and Josephine M. Bahn

8 minute read

August 01, 2023 | The Legal Intelligencer

The role of the construction attorney in this instance is to attempt to minimize the damage, effectively assert all relevant causes of action, and ensure that any applicable insurance policies are triggered. Careless or negligent excavation practices have long been the main culprits in these cases, which are disastrous for both the contractor and neighboring family.

By Jennifer M. Horn and Gene D. Cohen

7 minute read

August 01, 2023 | New Jersey Law Journal

With respect to the "effective prohibition" standard, the court held that Verizon had proven that there was a "significant gap" in its coverage, and that the proposed monopole would fill that gap.

By Edward W. Purcell

9 minute read

July 31, 2023 | The Legal Intelligencer

The Buy American Act currently requires the cost of the components of the manufactured product to exceed 60% of the total cost of all components. But BABA became effective before the adoption of regulatory guidance, so there is a significant "catch-up" effort to provide guidance for BABA contracts, including those currently underway.

By Paul A. Logan and Ryan M. Logan

9 minute read

July 31, 2023 | New Jersey Law Journal

While the use of AI for writing may enhance creative analysis and identification of persuasive precedents, such use may also violate legal ethics rules, including the duty of competence, the duty of confidentiality and assisting in the unauthorized practice of law.

By Jonathan Bick

6 minute read

July 30, 2023 | New Jersey Law Journal

Lorraine Barnett is a lawyer by trade, but serves a higher purpose supporting school children in Haiti; NJSBA members enjoy a night of networking and baseball; Governor signs NJSBA-backed bill strengthening protections for assault survivors.

By New Jersey State Bar Association

7 minute read

July 28, 2023 | New Jersey Law Journal

The purpose of the PREPARE Act is to bring together experts in the field to provide a framework for lawmakers to establish a federal regulatory system which would seek to address many issues surrounding cannabis including providing terms to access the banking system which is of critical importance.

By Brian Peykar

5 minute read