April 15, 2020 | New Jersey Law Journal
Consequences of Invoking the Privilege Against Self-Incrimination in Civil ProceedingsA 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 FutileNew 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 FutileNew 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 FirmAgreements 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 FirmAgreements 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 DiscoverableSecrecy 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 TogetherA 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 BeWhat 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 ExcuseNavigating 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 RemediesNew 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
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