Nicholas A Duston

Nicholas A Duston

December 01, 2022 | New Jersey Law Journal

Online Reviews and Reputational Damage: The Fine Line Between Opinion and Defamation

When do online reviews cross the line? In assessing these types of cases, New Jersey courts will carefully weigh and balance the protection of free speech and one's reputation. But overall, depending upon the language and interpretation of your negative review, you could potentially find yourself on the right side of the "v" in a defamation lawsuit.

By Nicholas A. Duston and Annamaria Del Buono

7 minute read

July 14, 2022 | New Jersey Law Journal

Chats and Text Messages: The New Frontier of E-Discovery

The evolution of mobile technology and social media continues to raise new questions about the preservation and discoverability of electronically stored information (ESI). Here are some issues to consider.

By Olivia J. Italiano and Nicholas A. Duston

9 minute read

May 18, 2022 | New Jersey Law Journal

E-Discovery: Modernizing a Practitioner's Approach in a Post-Pandemic Social Media Era

Practitioners should be aware of additional media channels and communication options when requesting ESI. As soon as litigation is anticipated, counsel should determine both whether relevant ESI may be found in these alternative media, and the accessibility of this information.

By Nicholas A. Duston and Olivia J. Italiano

8 minute read

January 28, 2022 | New Jersey Law Journal

Requests for Admission: An Underutilized and Underappreciated Litigation Tool

Under R. 4:22-1, a party to a New Jersey litigation may request an admission "of the truth of any matters of fact." If used correctly, such requests to admit can save substantial time and effort at trial.

By Nicholas A. Duston

8 minute read