New Jersey Law Journal | Analysis
By Scott R. Lippert and Darcy Baboulis-Gyscek | April 21, 2021
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.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | April 12, 2021
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.
New Jersey Law Journal | Analysis
By Beth S. Rose and R. Michael Riecken | April 9, 2021
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.
New Jersey Law Journal | Analysis
By Eric L. Probst and Diane F. Averell | April 8, 2021
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.
New Jersey Law Journal | Analysis
By Molly Hurley Kellett | April 7, 2021
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.
New Jersey Law Journal | Analysis
By Samantha Stillo | April 7, 2021
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.
New Jersey Law Journal | Analysis
By Scott J. Etish, Jennifer A. Hradil and Kevin H. Gilmore | April 6, 2021
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.
By New Jersey Law Journal | March 26, 2021
Learn about the various categories, including special instructions, and submit your nominations. The deadline is June 11.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | March 22, 2021
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.
New Jersey Law Journal | Analysis
By Matthew Rheingold | March 19, 2021
While digital assets, or more precisely, cryptocurrency, have made certain transactions simpler, they have complicated the estate planning process. Clients who have acquired such assets must incorporate them into their estate planning documents or risk losing them forever.
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