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New Jersey Law Journal

Recent NJ Appellate Division Decisions Leave Lien Claimants '0 and 2'

Highlighted in this article are two recent decisions from New Jersey's Appellate Division interpreting the scope of the Construction Lien Law and the Municipal Mechanics' Lien Law.
9 minute read

New Jersey Law Journal

Virtual Land Use Board Hearings: A Recipe for Litigation?

The COVID-19 crisis is forcing land use boards to grapple with the requirements of holding public meetings at which the public cannot be physically present. While some boards will proceed down this route, the myriad of legal issues involved with virtual hearings should give developers pause.
10 minute read

New Jersey Law Journal

E-Discovery and Complex Litigation

"Appellate Division Develops Factors Regarding Remote Testimony at Trial"; "Compelling Arbitration: Recent Rulings and Issues to Consider"; "The Need for Special Masters in Complex Antitrust Cases"; "Confidentiality Order Sufficiently Protects EU Data in U.S. Discovery"
2 minute read

New Jersey Law Journal

Compelling Arbitration: Recent Rulings and Issues to Consider 

New Jersey's Supreme Court addressed arbitration clauses in 2019 and will confront them again in the upcoming term. Practitioners continue to face unique issues, outlined in this article, which are sometimes overlooked by a court when construing an arbitration clause.
9 minute read

New Jersey Law Journal

Appellate Division Develops Factors Regarding Remote Testimony at Trial

Are our rules keeping pace with modern technology? The NJ Court Rules do not explicitly provide for a party's trial testimony "by way of contemporaneous video transmission," but they do not specifically prohibit such testimony either. In the current environment, it is essential that practitioners familiarize themselves with the circumstances in which remote trial testimony is permissible.
8 minute read

New Jersey Law Journal

TRUSTS and ESTATES

A collection of articles on wealth management, including: the SECURE Act, irrevocable life insurance trusts, testamentary capacity, and environmental liabilities in estate administration.
2 minute read

New Jersey Law Journal

Move to Florida! But if You Can't, Use Non-Grantor Trusts to Avoid State Income Tax

A non-grantor trust is deemed a separate income tax entity—the trust pays its own income tax on income it earns and retains from the assets it owns in any year. It's a creature of federal tax law.
9 minute read

New Jersey Law Journal

The Estate Planning Attorney's Role in Establishing Testamentary Capacity

Although estate planning attorneys cannot be expected to be physicians capable of diagnosing medical conditions, they do need to look for signs of diminished capacity among older clients.
10 minute read

New Jersey Law Journal

Irrevocable Life Insurance Trusts: Still Useful for New Jersey Residents? 

In addition to the usual tax planning reasons for an ILIT, ILITs may be used creatively by practitioners in a variety of circumstances to help achieve a client's goals effectively and efficiently, and should still remain a valuable tool in a practitioner's arsenal.
9 minute read

New Jersey Law Journal

Tension Between Site Remediation and Expeditious Estate Administration

When considering environmental liabilities in the context of an estate administration, property owners can take proactive steps to abate the risk, or at least make it more manageable for their heirs.
9 minute read

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