Douglas S Brierley

Douglas S Brierley

April 15, 2020 | New Jersey Law Journal

Consequences of Invoking the Privilege Against Self-Incrimination in Civil Proceedings

A non-criminal sanction may be imposed to advance the search for truth and justice in civil matters without impairing the historic essence of the privilege.

By Douglas S. Brierley

8 minute read

September 10, 2015 | New Jersey Law Journal

Efforts to Overburden an Easement Appurtenant Are Futile

New Jersey case law bars an increase in the burden imposed by a dominant estate beyond the limits that a servient estate should bear.

By Douglas S. Brierley

8 minute read

September 10, 2015 | New Jersey Law Journal

Efforts to Overburden an Easement Appurtenant Are Futile

New Jersey case law bars an increase in the burden imposed by a dominant estate beyond the limits that a servient estate should bear.

By Douglas S. Brierley

8 minute read

May 07, 2014 | New Jersey Law Journal

Crafting Agreements To Pay Origination Fees to Lawyers in the Firm

Agreements to pay origination fees to attorneys in a firm must be clear and specific, leaving no term open to interpretation.

By Douglas S. Brierley

8 minute read

May 07, 2014 | New Jersey Law Journal

Crafting Agreements To Pay Origination Fees to Lawyers in the Firm

Agreements to pay origination fees to attorneys in a firm must be clear and specific, leaving no term open to interpretation.

By Douglas S. Brierley

8 minute read

January 05, 2011 | New Jersey Law Journal

When Confidential Settlements Become Discoverable

Secrecy is often a key component to settlement negotiations, but there are occasions when confidentiality is trumped by competing legal principles or practicalities.

By Douglas S. Brierley

7 minute read

June 10, 2002 | New Jersey Law Journal

RICO Trebling and Punitive Damages: Imperfect Together

A party should not be permitted to recover treble damages under a state Racketeer Influenced and Corrupt Organizations Act cause of action in addition to recovering punitive damages under a common-law cause of action when the same facts or conduct support both causes of action.

By Douglas S. Brierley and Peter A. Marra

14 minute read

January 12, 2004 | New Jersey Law Journal

Preliminary Approval of a Subdivision Application Isn't What It Used To Be

What event triggers a subdivision applicant's three-year immunity from zoning changes under N.J.S.A. 40:55D-49 of the Municipal Land Use Law -- is it the actual vote of the zoning board to grant preliminary approval of a subdivision application? Or is it the approval date of the written memorializing resolution adopted at a subsequent board meeting?

By Douglas S. Brierley and Kurt G. Senesky

13 minute read

April 25, 2005 | New Jersey Law Journal

E-Ignorance Is No Excuse

Navigating the seas of electronic discovery can be a daunting task. To be successful under today's current or contemplated court rules, however, gaining a firm grasp of e-discovery is a challenge no wise attorney will avoid any longer.

By Douglas S. Brierley and Vaughn R. Klug

12 minute read

November 07, 2005 | New Jersey Law Journal

From Roslyn to Remedies

New Jersey is no stranger to criminal abuses by unscrupulous public officials similar to what occurred at the Roslyn School District on Long Island. Can such criminal misconduct also be the subject of civil remedies to recoup any losses?

By Douglas S. Brierley and T.C.C. Humick

9 minute read