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New Jersey Law Journal

Taming the Dreaded New Six-Year Limitation Period for Residential Mortgage Foreclosure

The new six-year statute of limitations, applicable under the Fair Foreclosure Act, is a game changer. The six-year period applies to residential mortgages executed on or after April 29, 2019, and runs from the date on which the debtor defaulted. But fear not; its bark is much worse than its bite.
10 minute read

New Jersey Law Journal

Force Majeure: Allocating Risk in Commercial Real Estate Agreements in the Wake of COVID-19

Now that we have lived through a long-term force majeure event, what have we learned for purposes of drafting a fair provision? The first consideration that comes to mind is the definition itself—the existence of a pandemic should count as a force majeure event.
9 minute read

New Jersey Law Journal

E-DISCOVERY AND COMPLEX LITIGATION

Articles in this special section discuss the importance of negotiating protocols for electronically stored information, as well as agreemeents on technology assisted review. Also: resisting the overuse of protective or confidential orders, coordinating the defense of 'serial litigation,' and an update on the PREP Act.
2 minute read

New Jersey Law Journal

The PREP Act: Expanding Immunity Against COVID-19 Liabilities

While the U.S. Department of Health and Human Services continues to expand coverage of the PREP Act's broad-based, retroactive immunity, the case law is in its infancy and is at times inconsistent, highlighting the importance for "covered persons" to keep abreast of future developments.
10 minute read

New Jersey Law Journal

Defending 'Serial Litigation': How to Coordinate Strategy and Minimize Legal Spend

A cohesive and centralized defense plan defines the defense mission statement and company story to permit the company to consistently respond to serial lawsuits, to control outside counsel spend, and to move cases more efficiently to resolution.
9 minute read

New Jersey Law Journal

Muddy Waters: Navigating TAR Protocol

A recent decision in the District of New Jersey demonstrates the pitfalls of including requirements for the parties to disclose and agree to the use of technology assisted review (TAR) within the protocol. But it likewise demonstrates the importance of agreement on TAR methodology.
8 minute read

New Jersey Law Journal

Confidential? Not So Fast, Say New Jersey Courts

It is important to resist the overuse of protective or confidential orders, given the fundamental principle that our judicial system is intended to resolve disputes publicly and without a cloak of secrecy. A recent decision demonstrates the tenacity of the New Jersey District Court's response to over-designation.
8 minute read

New Jersey Law Journal

Fools Rush In: The Importance of Negotiating Comprehensive ESI Protocols

The failure to enter into a comprehensive ESI protocol has the potential to derail a litigation on the merits into costly "discovery on discovery." This article discusses negotiated provisions and standards for e-discovery that will keep litigation progressing smoothly and efficiently.
9 minute read

New Jersey Law Journal

New Jersey Legal Awards 2021: Submissions Open

Learn about the various categories, including special instructions, and submit your nominations. The deadline is June 11.
2 minute read

New Jersey Law Journal

TRUSTS AND ESTATES / WEALTH MANAGEMENT

A collection of attorney-written articles covering wealth transfer planning, estate taxes, trustees in marital settlement agreements, cryptocurrency, life insurance, and jurisdictional issues in trust litigation.
2 minute read

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