October 05, 2020 | New Jersey Law Journal
The Pandemic May Make Bad LawThe COVID-19 pandemic has affected us in New Jersey, as in all the other American states and countries around the world, in ways we could not have…
By Law Journal Editorial Board
2 minute read
October 05, 2020 | New Jersey Law Journal
Retired Judges Should Have to Wait Before Appearing in Court as AttorneysOn June 22, the Ninth Circuit reinstated a copyright infringement suit against Fox Searchlight Pictures, the producers and director of the 2018 Academy…
By Law Journal Editorial Board
4 minute read
September 27, 2020 | New Jersey Law Journal
Court Rightly Absolved Law Firm in Case of Client FraudLiability should attach only if the "attorney misdirects or misappropriates funds, or when an attorney has acted contrary to a known, competing claim—or a competing claim that reasonably should have been known." No further duty should be imposed upon counsel.
By Law Journal Editorial Board
5 minute read
September 27, 2020 | New Jersey Law Journal
Praise for the State Bar on Office Reopening GuidanceThe New Jersey State Bar Association deserves praise, and we offer it, for its response to assisting New Jersey lawyers as they struggle to provide legal services and return to their offices with deference to the safety of their employees and clients amid a health and economic crisis whose end is unknown.
By Law Journal Editorial Board
2 minute read
September 20, 2020 | New Jersey Law Journal
Celebrating Judge GaulkinSeveral of us on this board have had a close personal connection to Judge Geoffrey Gaulkin. Thank you, Judge Gaulkin, for all you have contributed.
By Law Journal Editorial Board
3 minute read
September 20, 2020 | New Jersey Law Journal
Protect Our Mail-In VotingWe commend both our governor and legislature for creative, timely and bold action in the face of the pandemic's threats to an orderly, safe and accessible election in November.
By Law Journal Editorial Board
2 minute read
September 20, 2020 | New Jersey Law Journal
Court Properly Applied Entire Controversy DoctrineThe opinion sensibly resolves this unsettled issue in a way that eliminates a potential trap for unwary counsel, encourages the use of motions to dismiss to eliminate meritless claims, and prevents the filing of such claims from being used as a tactic to force the adversary to court at a time or in a forum it has not chosen.
By Law Journal Editorial Board
3 minute read
September 20, 2020 | New Jersey Law Journal
Returning to First Principles on ArbitrationMore bare bones clauses may also be appropriate and fit the parties' preferences in drafting clauses.
By Law Journal Editorial Board
2 minute read
September 13, 2020 | New Jersey Law Journal
Appellate Argument by Phone Doesn't Cut ItWe urge the Appellate Division to change to video proceedings until we can see them in person.
By Law Journal Editorial Board
1 minute read
September 13, 2020 | New Jersey Law Journal
Exercise Caution in Resuming In-Person Jury TrialsWe believe that the safer course is to await the projected months necessary for a vaccine to become available to the public before the general load of jury cases resumes.
By Law Journal Editorial Board
5 minute read
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