August 12, 2019 | The Legal Intelligencer
The Subtle Role of the Courts in the Fight Against Gun ViolenceThere were no less than two front page mass shootings this month. Communities typically look to their legislators to address gun violence, but the courts may also have a role to play, even if they don’t know it yet.
By Ethan M. Simon
6 minute read
August 10, 2018 | New Jersey Law Journal
New Jersey Supreme Court Adopts 'Daubert,' 25 Years LaterAs of last month, most states had adopted Daubert for purposes of their Rule 702 analogues. New Jersey was one of the few exceptions, until now.
By Stephen M. Orlofsky and Ethan M. Simon
6 minute read
July 30, 2018 | The Legal Intelligencer
How Video Game Mods Are Changing the Intellectual Property GameA year ago, the word “fortnight” was relegated to relative obscurity—an archaic way of saying two weeks. In July 2017, however, all that changed. After software developer Epic Games released the blockbuster video game Fortnite Battle Royale—a multi-platform, free-to-play game in which players participate in a cartoonish fight for survival in a post-apocalyptic world—the word "Fortnite" can now be heard everywhere.
By Jeffrey N. Rosenthal and Ethan M. Simon
1 minute read
May 04, 2018 | New Jersey Law Journal
Must Consumer Suffer Adverse Consequence in Order to Sue Under TCCWNA?There is no doubt that the decision in "Spade v. Select Comfort Corp." will significantly impact both pending and future TCCWNA claims.
By Stephen M. Orlofsky and Ethan M. Simon
7 minute read
December 20, 2017 | The Legal Intelligencer
Appreciating Bitcoin: A Holiday Guide to Legal Hot Topics in Virtual CurrencyFive years ago, one bitcoin sold for less than $15. Two years ago, the unit price was about $500. Now, the price of a bitcoin has topped $15,000, and it's climbing fast enough to garner front-page attention by major newspapers.
By Ethan M. Simon
6 minute read
June 05, 2017 | New Jersey Law Journal
Pre-Complaint Discovery: An Underutilized, Underrated and Unknown ToolNew Jersey Rule 4:11-1 affords litigants a little-known, but extremely powerful tool by which to obtain information before filing a lawsuit.
By Ethan M. Simon
13 minute read
December 05, 2016 | New Jersey Law Journal
Does a CFA Claimant Need to Plead "But For" Causation?New Jersey courts appear to be trending toward requiring Consumer Fraud Act (CFA) claimants to plead "but for" causation to survive dismissal.
By Seth J. Lapidow and Ethan M. Simon
15 minute read
May 28, 2015 | New Jersey Law Journal
The Need for Interlocutory Review of Class Cert DecisionsImmediate appellate review of class certification decisions as of right would benefit all parties.
By David C. Kistler and Ethan M. Simon
7 minute read
May 28, 2015 | New Jersey Law Journal
The Need for Interlocutory Review of Class Cert DecisionsImmediate appellate review of class certification decisions as of right would benefit all parties.
By David C. Kistler and Ethan M. Simon
7 minute read
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