New Jersey Law Journal | Analysis
By New Jersey Law Journal | January 13, 2020
Legal experts discuss the disciplinary process, the "case within a case" doctrine, using ethics rules in a malpractice proceeding, the "learned professional" exception to the CFA, and the liability of counsel for strategic decisions made at trial.
New Jersey Law Journal | Analysis
By Jeffrey T. LaRosa and Eric A. Inglis | January 10, 2020
This case may present a suitable opportunity for the Supreme Court to provide additional guidance on the "learned professional" doctrine. As it stands, except for lawyers, doctors and theologians, there is no clear answer as to whether a professional or semi-professional remains subject to the Consumer Fraud Act.
New Jersey Law Journal | Analysis
By Lewis Goldshore | January 10, 2020
Two cases are on the New Jersey Supreme Court's docket that are of particular interest to environmental and land use attorneys.
New Jersey Law Journal | Analysis
By John L. Slimm and Jeremy J. Zacharias | January 9, 2020
Decisions during trial are oftentimes based on unexpected rulings or surprise testimony and need to be made quickly. In addition, attorneys sometimes take chances in the conduct of litigation. This article looks at scenarios where malpractice claims may arise, and defenses available to counsel.
New Jersey Law Journal | Analysis
By Diana C. Manning | January 9, 2020
Always treat the process and all those involved with courtesy and respect. When corresponding with disciplinary authorities, it does not help to use inflammatory language or to employ literary devices that belittle the process or the grievant.
New Jersey Law Journal | Analysis
By Shari M. Blecher and Kacy C. Manahan | January 9, 2020
As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.
New Jersey Law Journal | Analysis
By Jonathan Bick | January 8, 2020
Applying RPC 1.9 (Duties to Former Clients) may make sense in a malpractice action because it can avoid disclosing confidential intellectual property information in open court.
New Jersey Law Journal | Analysis
By Brian J. Molloy and Pierre Chwang | January 8, 2020
Some courts suggest that when the litigant in the underlying action was never entitled to a jury trial, a jury should not decide the subsequent suit-within-a-suit in the malpractice action. Other courts, however, have held that the jury in the malpractice case should also try the suit-within-a-suit.
The American Lawyer | Analysis
By Christine Simmons | January 6, 2020
Outsourcing has led to a sea change at many law firms, and left its mark on the bottom line. Some firms are even planning a shared back-office center, the first of its kind in Big Law. The only question now is what work can't be re-evaluated.
New Jersey Law Journal | Analysis
By John C. Roberts | January 3, 2020
In the "gig economy," New Jersey appears poised to become known nationally for being one of the, if not the most, pro-employee, anti-misclassification states in the union.
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