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Donovan Swift

Donovan Swift

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May 26, 2023 | New Jersey Law Journal

The Law Against Discrimination's 'Sole Harasser' Loophole

Judges and attorneys frequently tout New Jersey's Law Against Discrimination (LAD) as one of the most protective anti-discrimination laws in the nation. While that is undoubtedly true, the LAD's liability scheme appears to contain a gaping loophole that enables "sole harassers" to avoid liability.

By Brian M. Block

6 minute read

May 25, 2023 | New Jersey Law Journal

On the Move and After Hours: Brach Eichler; Riker Danzig; Fox Rothschild; Hunterdon County Bar; Capehart Scatchard

Four attorneys land at new firms; a new president for the ACDL-NJ; and more moves.

By Donovan Swift

7 minute read

May 25, 2023 | New Jersey Law Journal

With Installment Contracts, Don't Wait to Recover Your Debt

A little-known doctrine called the installment contract method can provide a substantial arrow in the quiver of a commercial litigator, or it may cause a heart attack to a collection attorney who let a book account sit on their desk a little too long.

By Eric H. Lubin

5 minute read

May 24, 2023 | New Jersey Law Journal

Pumping the Brakes on the Legislation to Cure the 'Carr' Black Hole

Judicial vacancies are at record levels. While vacancies are not a new phenomenon in the New Jersey court system, this void has continued to expand. In some vicinages, divorce cases may last four, five or even six years.

By Alyssa Engleberg, Matheu D. Nunn and Gary R. Botwinick

7 minute read

May 22, 2023 | New Jersey Law Journal

US Supreme Court Should Learn From New Jersey

Recently, Chief Justice John Roberts submitted to Congress—in lieu of his testimony—a list of general ethical principles unanimously agreed to by the entire current court. These principles are apparently merely aspirational.

By Ellen L. Koblitz and Kim D. Ringler

7 minute read

May 22, 2023 | New Jersey Law Journal

Assessing Liability in Artificial Intelligence Litigation

Artificial intelligence applications result in legal difficulties primarily associated with privacy, discrimination, product liability and negligence. Addressing these difficulties usually begins with a determination of which party may sue or be sued. Since an AI is not a legal person and internet transactions may span more than one jurisdiction, this initial assessment is crucial.

By Jonathan Bick

6 minute read

May 22, 2023 | New Jersey Law Journal

Bar Report - May 22, 2023

The NJSBA's weekly report

By New Jersey State Bar Association

6 minute read

May 18, 2023 | The Legal Intelligencer

A Path to an Opioid-Free Future for Pennsylvania and Its Injured Workers

There has been a growing chorus that marijuana is a safer alternative to opioids for chronic pain management. In response, many states have passed laws allowing the use of marijuana for medical purposes. After Pennsylvania adopted its Medical Marijuana Act (MMA) in 2016, some doctors wanted to move patients suffering from chronic pain from opioids to marijuana.

By Ashleigh Q. Gallagher

8 minute read

May 18, 2023 | The Legal Intelligencer

Officers and Directors Should Seek Mandatory Advancement Provision

Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights.

By Edward T. Kang

9 minute read

May 17, 2023 | New Jersey Law Journal

The Overlooked Benefits of a 529 College Savings Plan

Many individuals remain wary of 529 accounts because the use of these funds is limited to educational purposes. However, hidden incentives and benefits may make these accounts worth another look in your client's estate plan.

By Roshni H. Patel

7 minute read