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New Jersey Law Journal

Call for Submissions - New Partners Yearbook 2020

Submissions for the 2020 New Partners Yearbook are due by Feb. 5, 2020.
1 minute read

New Jersey Law Journal

When It's Time to Move: The Standard for Relocation in New Jersey

Considering that both interstate and intrastate relocation cases are now assessed under the same best-interest standard, it is interesting that the burden still shifts, somewhat arbitrarily, depending on whether the move is within New Jersey or across the state line.
9 minute read

New Jersey Law Journal

Social Media Tort Claims in Divorce: Targeted Harassment, or Just Venting?

Civil remedies related to bad behavior on social media, including proving damages in related marital tort claims, continue to tread in uncertain waters. But when a vindictive spouse's problematic actions on social media rise to the level of criminal behavior, New Jersey has some of the strictest laws on the books.
10 minute read

New Jersey Law Journal

PROFESSIONAL MALPRACTICE

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.
2 minute read

New Jersey Law Journal

Recent Appellate Opinion Calls 'Learned Professional' Jurisprudence Into Question

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.
9 minute read

New Jersey Law Journal

The Liability of Trial Counsel for Strategic and Tactical Judgments Made During Trial

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.
9 minute read

New Jersey Law Journal

Putting It All in Perspective: The Modern Attorney Disciplinary System

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.
8 minute read

New Jersey Law Journal

Using Ethics Rules in Malpractice Proceedings to Protect Confidential Intellectual Property

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.
6 minute read

New Jersey Law Journal

Suit-Within-a-Suit: Can a Jury Hear All Issues if There Was no Jury in the Underlying Case?

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.
9 minute read

New Jersey Law Journal

PRODUCT LIABILITY AND CLASS ACTION

How data analytics can help lawyers litigate mass torts; the importance of considering products liability issues in due diligence for corporate deals; litigation funding in products liability cases; and more.
2 minute read

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