New Jersey Lawyer

The official magazine of the New Jersey State Bar Association, New Jersey Lawyer is dedicated to covering substantive areas of New Jersey law. Each issue has a different focus and offers in-depth information from attorneys who are experienced in that area of law, while novices in the field can benefit from the authors’ excellent guidance. New Jersey Lawyer is available to members in both electronic and print formats.

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New Jersey Lawyer No. 350 – October 2024
Education Law

Table of Contents: President’s Perspective: It’s fall – stay busy with the NJSBA by William H. Mergner Jr.; From the Special Editor: Education Laws and Their Impact on Parents, School Staff and Counsel by Brian R. Lehrer; Practice Tips: Ethics and Professional Responsibility: Can My Personal Behavior Land Me in Ethical Trouble? by Bonnie C. Frost; What I Wish I Knew: Be an Advocate, Not a Jerk, and be Thoughtful Enough to Know the Difference by Megan S. Murray; Working Well: Keys to Overcoming Procrastination by NJSBA Member Assistance Program; Writer’s Corner: A View From Both Sides by Emily Wood and Veronica J. Finkelstein; Technology: The Oops of AI [or the Banality of AI] by Jeffrey R. Schoenberger; Gifted and Talented Education and State Law : What Attorneys and School Administrators Need to Know By Michael Kaelber; Out of the Classroom: Informal Removals and the IDEA’s Discipline Procedures By Stacey Cherry and Vittorio LaPira ; “How Was School today?” By Joan Thomas; Representing School Districts—Who is the Client? By David B. Rubin; Developments in Applications to Suspend Teaching Certificates for Failure to Provide Required Notice By Arsen Zartarian; When is a High School Diploma Not a High School Diploma? By Katherine A. Gilfillan

New Jersey Lawyer No. 349 – August 2024
Intellectual Property

Table of Contents: President’s Perspective: Banning Out-of-state Referral Fees Harms Attorneys and the Public Alike by William H. Mergner Jr.; From the Special Editor: Navigating the Fast Lane of Intellectual Property Law Amid Supreme Court Shifts and Technological Advances; Practice Tips: View from the Bench: Be a Mentor – Stem the Chaos by Hon. Peter F. Bariso Jr. (ret.); Diversity, Equity and Inclusion: Why Diversity Matters in Alternative Dispute Resolution by Hon. Marcia L. Silva, Former Superior Court Judge; Writer’s Corner: The Three Pillars of Persuasive Writing by Veronica Finkelstein; Working Well: The Power of Setting Healthy Boundaries by Classie Colinet; Emerging Trends for Artificial Intelligence in the Copyright Space by Brett R. Harris; Striking a Balance Between Enforcing IP Rights and Becoming a Trademark Bully by Paula I. Brueckner and Peter E. Nussbaum; The Name Gane: Strategic Considerations for Trademark Attorneys by Alice Denenberg; Seeing is Believing: Using Trade Dress and Design Patents to Boost Brand Impact and Protect Product Appearance by Andrew J. Hollander; Trade Secrets and the ‘Patent Paradox’ Regarding IP Based on Natural Phenomena by John A. Stone; The Extraterritorial Reach U.S. Patent Law and the Need for Clarity by Amirali Y. Haidri

New Jersey Lawyer No. 348
Environmental Law

Table of Contents: President’s Perspective: Leading With a Steady Hand by William H. Mergner Jr.; Message From the Special Editor: New Jersey and the Environment: Looking Forward by Dawn Monsen Lamparello; Working Well: Just Breathe, Counselor by Lori Ann Buza; The Urgency of New Jersey’s Climate Reality by Shawn M. LaTourette; Greenwashing Claims: Agency Guidance, Litigation Trends Provide Road Map for Marketers by Melissa A. Clarke and Andrea A. Lipuma; Great Mother of Pearl! The Looming Growth of Offshore Aquaculture in the Garden State and How to Navigate its Legal Framework by Zachary A. Klein; Go Green: NJDEP Encourages GSR Remediation by Andrew T. Alessandro; Natural Resource Damages in New Jersey: Six Years After Litigation Revival, More Guidance Needed by Vinita Banthia, Matt Conley and Daniel Farino; Clients Best Served in Comprehensive Approach to Due Diligence in Transactions by David Restaino; ‘Forever Chemicals:’ Broadening PFAS Regulations and Legislation by Dawn Monsen Lamparello, B. David Naidu, and Emily M. Poniatowski; Commentary: Navigating the Winds of Change: New Jersey’s Winding Path Toward Clean Air and a Stable Climate by Sen. Bob Smith, Dr. Joseph Gurrentz and Dr. Celia Smits

New Jersey Lawyer No. 347 – April 2024
Business Law

Table of Contents: President’s Perspective: Reflecting on a Year of Service with Gratitude by Timothy McGoughran; From the Special Editor: Business Law Updates Cover Vast Ground by Senwan Akhtar; Practice Tips: Tech Tips: How ChatGPT and Other AI Could Impact Your Practice by NJSBA Staff; Writer’s Corner: Allow Me to Introduce Myself by Veronica j. Finkelstein; Complying with the New Corporate Transparency Act by Michael F. Schaff and Jason J. Krisza; Awaiting Case Law, Amendments a Decade Into NJ-RULLCA by Gianfranco A. Pietrafesa; Corporate and Limited Liability Company Conversions and Domestications by W. Raymond Felton; Two Deals In One: Sales of Less that the Whole of a Business by Jason D. Navarino and Hannah J. Greendyk; Corporate Venture Capital: Rise Amid the Changing Venture Capital Market and Lessons in Making and Structuring Corporate Venture Capital Investments by Onome Adejemilua; Intellectual Property Considerations in Mergers and Acquisitions Transactions by Melissa Skrocki and Ammad Ajhmed; Mitigating Cybersecurity Risks in Mergers and Acquisitions: The Importance of Due Diligence and Regulatory Compliance by Karen Painter Randall, Joshua P. Previl and Ada Salzer; Time for a Trade Secret Audit as Non-Competes Under Attack? By Galit Kierkut; A litigator’s Plea: A Little Planning When Drafting an Arbitration Clause Can Save a Lot of Time, Money and Headache by Robert Bartkus and James Harry (JH) Oliverio

New Jersey Lawyer No. 346 – February 2024
Lawyer Well-Being

Table of Contents: President’s Perspective: Diversion Program Aims to Rehabilitate Nonviolent Defendants With Mental Health Disorders by Timothy F. McGoughran; From the Special Editor: Striving for Well-Being in the Legal Community by Lori Ann Buza; Practice Perfect: Cultivating an Effective Working Relationship with Your Paralegal by Kimberly Molinelli; Working Well: Self-Care: A Holistic Approach to a Lawyer’s Well-Being – DO IT NOW by Lori A. Buza; Tackling the Mental Health Crisis in the Legal Profession: Breaking the Silence, Removing the Stigma, and Providing the Resources by Kirsten Scheurer Branigan, Beth PP. Zoller and Katie Ann Insinga; Embracing Strengths and Capitalizing on Neuroplasticity Can Unlock a Healthier Life by Dr. Defne Ekin; The Practice of Recovery: A Lawyer’s Substance Abuse Journey from Denial, to Chaos, to Healing by Nicole Perskie; Stress: A Lawyer’s Most Difficult Adversary by Hon. Kevin G. Callahan, JSC (ret.); Balance and Resilience: Maintaining Well-Being in the Legal Profession by John E. Keefe; A Legal Paradigm Shift: Decoding Workplace Values of Upcoming Attorneys by Rachael Wolfram and Morgan Walsh; Bar Associations Embrace Comprehensive Mental, Physical Health Initiatives by Kimberly A. Yonta; Perpetually Plugged-In Practices: How Lawyers Can Cope with Escalating Screen Time Pressures by Anthony J. Geremonte; The Straight Dope on Addictions: How They Manifest, What Their Characteristics Are, and How to Treat Them by Ray Ortiz; The Juggle is Real: How to Facilitate and Support a Strong Cadre of Attorneys at All Levels by Nicole G. McDonough; NJSBA Digs Deep into Mental Health

New Jersey Lawyer No. 345 – December 2023
Investigations

Table of Contents: President’s Perspective: Access to Justice Remains at the Forefront of the NJSBA’s Mission by Timothy F. McGoughran; From the Special Editor: Navigating the Nuances of Investigations by Susan L. Nardone; Practice Tips: Working Well: Declutter Your Spaces – Declutter Your Mind! By Lori A. Buza, Writer’s Corner: Use the Active Voice; Avoid the Passive Voice by Judge Nelson Johnson, Technology: Tips for an Engaging Podcast to Market Your Business by Melissa Acosta, View from the Bench: Tips, Applicable Rules for Motion Practice by Judge Ronald J. Hedges; Updated Government Guidelines Cover Confidentiality and Ensuring Prompt, Thorough and Impartial Workplace Investigations by Kirsten Scheurer Branigan, Carole Lynn Nowicki and Beth P. Zoller; Recognizing and Avoiding Bias in Workplace Investigations by Christina Silva and Kea S. Noyan; Investigating Internally: Five Tips for Conducting Workplace Investigations by Ricardo Solano and Ryan Goodwin; Plaintiff’s Perspective: Effectively Representing Employees in Workplace Investigations by Ayesha Hamilton; Note to Self: These Notes May Not Be Just for Yourself by John D. Haggerty and Anne M. Collart; What’s the Law?: Attorney-Client Privilege and Work Product Doctrine in Internal Investigations by Peter Frattarelli and Simone Adkins

New Jersey Lawyer No. 344 – October 2023
Animal Law
Table of Contents: President’s Perspective: For Attorneys, AI is the Next Big Turning Point in the Law by Timothy F. McGoughran; From the Special Editors: A Look at the Dynamic Nature of Animal Law by Albertina Webb and Michael F. Schaff; Ethics and Professional Responsibility: Is Permanent Disbarment Gaining Some ‘Gray’? by Bonnie Frost; Technology: Microsoft Word’s Top 7 Most Underutilized Features by Practice HQ; Practice Perfect: Have You Considered Adding a Paralegal to Your Team? By Kimberly Molinelli; Working Well: The Equanimous Attorney by Lori Ann Buza; Writer’s Corner: Rhythm ( or ‘Cadence’) in Writing Keeps Your Argument Engaging by Judge Nelson Johnson (ret.); Diversity, Equity and Inclusion: Developing Empathy and Compassion to Avoid Division in the Workplace; Animal Law 101: The Consequences of Enhanced Animal Protective Laws by Nancy Halpern; Housman and Beyond: Litigating Disputes Over Companion Animals by Gina Calogero; Domestic Violence and Pets: Why Does the Dog Matter to Your Family? By Michelle Newton; The Dog Ate My Kids’ Inheritance: Providing for Pets in and Estate Plan by G. Warren Whitaker; Paw Prints on our Hearts: Emotional Distress Damages for Pet Loss in New Jersey by Emerald E. Sheay; Tails of Disaster Preparedness: A Case Study of the PETS Act by Jacob (Jake) V. Hudnut; Is it Time to Move Animal Cruelty Laws From Title 4, Agriculture and Domestic Animals, to Title 2C the Code of Criminal Justice? By Olivia Belfatto Crisp; Remedies Under New Jersey Law to Help Avert the Extinction Crisis by Paul Tartanella and Kathleen Applegate; Courts Beginning to Recognize Needs of Highly Intelligent Species by Julian F. Gorelli; ‘Cocaine Hippos’ and the Quest for Legal Personhood by Thomas A. Leach and Doris Lim

New Jersey Lawyer No. 343 – August 2023
Land Use
Table of Contents: President’s Perspective: Making Strides in Mental Health Support by Timothy F. McGoughran; From the Special Editor: The Widespread Impact of Land Use in New Jersey by Philip W. Lamparello; View from the Bench: From the State Supreme Court, a Dedication to Craft: A Q&A with retired New Jersey Supreme Court Justice Barry T. Albin; What I Wish I Knew: More Deposition Tips for Young Lawyers by Barry S. Sobel; Writer’s Corner: Word Budgets Keep Communications on Track by Judge Nelson Johnson; Practice Perfect: Insights on Legal Hiring and Recruiting from NJ Firm Leaders; Working Well: The ‘Culture’ of Law by Lori A. Buza; Ethics and Professional Responsibility: Availability of Diversion Expands by Bonnie Frost; NJDEP Adopts Substantial Amendments to Inland Flood Hazard Area and Stormwater Management Regulations by Jennifer Phillips Smith and Bisola Taiwo; Are Cannabis Uses Eligible for Use and Conditional Use Variances by Jennifer Mazawey and Thomas Garlick; Facing the Tougher Questions: How Recent Decisions Regarding the Statewide Non-Residential Development Fee Act Will Affect Your Client by Demetrice R. Miles and Thomas J. Trautner Jr.; Resolution Compliance: The Board Attorney’s Perspective by Dennis M. Galvin and Amanda C. Wolfe; The Impact of Malanga v. West Orange on Areas in Need of Redevelopment Designations by Lawrence S. Cutalo; RLUIPA: A Powerful Federal Law Available to Religious Entities as They Seek Local Land Use Approval to Construct or Expand a Religious Facility by Donna M. Jennings and Sarah Kennelly; Landowners Must Navigate Municipal Regulation of Special Occasion Events on Preserved Farms by William L. Horner

New Jersey Lawyer No. 342 – June 2023
Employment & Workplace
Table of Contents: President’s Perspective: Back to Basics: Focusing on the NJSBA By Timothy F. McGoughran; Legal Issues in the Workplace Span Many Practice Areas by Brian R. Lehrer and Asaad K. Siddiqi; Practice Tips: Working Well – The Nature Experience for Lawyers By Lori A. Buza; What I Wish I Knew – Deposition Tips for Young Lawyers By Barry S. Sobel; The Rise of the Digital Nomads: Employer Considerations for the Next Breed of Remote Workers By Laura A. Siclari and Cara A. Fialkoff; Are You Serious? What Employers Get Wrong About the ‘Sincerely Held Belief’ Standard as Applied to COVID-19 Religious Accommodations By Daniel R. Dowdy; Who Gets the Job? Reassignment as Reasonable Accommodation By Ann F. Kiernan; Non-Disclosure and Non-Disparagement Provisions Under Scrutiny: Recent Case Law, Legislation Affecting Employment Agreements By Susan L. Nardone and Zachary B. Posess; Pushed to the Limit: Are There Any Theories of Liability that LAD Will Not Permit? By Cindy Flanagan and Matthew Parker; The Blue Eraser: New Jersey’s Proposed Move Against Restrictive Covenants By Michael Coco and Gigio K. Ninan; Coming and Going and the Premises Rule: What Laws Apply When an Employee is Hurt While Commuting? By Lisa A. Lehrer and Sherwin Tsai; Commentary: Uninsured Employers Should No Longer Receive the Benefits of the Exclusive Remedy Provision of the Workers Compensation Act By Christopher J. Keating and Mark R. Natale; Implicit Bias: Considerations for Employers to Avoid Liability Stemming From its Impact By John L. Shahdanian II, Asaad K. Siddiqi and Valentina Scirica

New Jersey Lawyer No. 341 – April 2023
Access to Justice – Helping Communities Part 2

Table of Contents: President’s Perspective: We Worked for it All, as a Team. And We’ll Keep Going by Jeralyn L. Lawrence; From the Special Editors: Accepting the Challenge to Expand Access to Justice by Bill Singer and Nancy A. Del Pizzo; Practice Tips: How Attorneys Can Navigate Microsoft Word; Meditation for Lawyers; by Lori A. Buza; Access to Justice through Non-Access: New Jersey’s Sealing of Certain Landlord-Tenant Record by Ariela Rutbeck-Golman; Understanding Modern Anti-Eviction Act Can Help People Stay in Their Homes by Geraldine R. Brennan; Teaching Justice to Law Students: Implementing the New ABA Curriculum Requirements for Law Schools by Lori Outzs Borgen; Applying the Collaborative Models Between Corporations and Science to Pro Bono Dream Teams by Amy E. Vasquez; How to Do it: The Power of Pro Bono Partnerships by Jessica Kitson and Jessica Hodkinson

New Jersey Lawyer No. 340 – February 2023
Access to Justice
Helping Communities: Part 1

Table of Contents: President’s Perspective: Indigent Litigants Have the Right to Effective Counsel – The Time Has Come to End Madden System by Jeralyn L. Lawrence; From the special Editors: Helping Communities Access Justice by Bill Singer and Nancy A. Del Pizzo; Practice Tips by Jake Koch and Lori A. Buza; The Coming of Age of New Jersey Mental Health Courts: Addressing a Dilemma in the Criminal Justice System by Joanna R. Adu and Eric Marcy; Crisis of Magnitude: Madden v. Delran on its 30th Anniversary by Amy Vasquez; Justice Speaks All Languages: Ensuring the Due Process Rights of Limited English Proficient Litigants through Volunteerism and Judicial Collaboration by Victoria B. Nicholson; The Effect if Filing Fees on the Access to Justice by Adelina Herrarte and Melanie Zelikovsky; The Impact of Court-Ordered Psychological Evaluations in Child Welfare Cases by Maling Miranda and Classie Colinet; The Disparate Impact of Driver’s License suspensions on Communities of Color by Karen Robinson; The Impact and Consequences of True Poverty on Access to Justice by Akil Roper and Shivi Prasad; Dedication and Service: Get to Know the 2022 NJSBA Pro Bono Winners

New Jersey Lawyer No. 339 – December 2022
Elder Law 

Table of Contents: President’s Perspective: 6 Months in, Progress on Putting Lawyers First, Judicial Vacancies by Jeralyn L. Lawrence; From the Special Editors: The Legal Practicalities of Aging by Brian R. Lehrer and Lauren I. Mechaly; Practice Tips – Working Well: Are You Fit for Law? By Lori Ann Buza; Ethics and Professional Responsibility: What are Motions for Reciprocal Discipline and Motions for Final Discipline? By Bonnie Frost; Protection the Home from Medicaid: Transfer Options and Strategies by Shana Siegel and Michelle Scanlon; Overprotected: Can Supported Decision-Making Disrupt the Pipeline from Special Education into Guardianship? By Beth L. Barnhard; Nursing Homes and Responsible Party Litigation – Subverting the Prohibition Against Requiring Third-Party Guarantees – Is it Time for the Legislature to Fix the Statute? By Donald F. Browne Jr.; Continued Resilience in the Face of Adversity: Exploring Staffing Shortages Facing the Long-Term care and skilled Nursing Industry by Alexis A. Graziano, Kayla Moor and David Drake; From the Adult System to Long-Term Care: A Comparative Approach to Planning for Aging Adults With Intellectual and Developmental Disabilities by Crystal West Edwards and Ryann M. Siclari; Elder Law and Annuities in New Jersey Post-DRA: The Only Game in Town by Lauren S. Marinaro; The Impact of the SECURE Act and the Applicable Multi-Beneficiary Trust by Regina M. Spielberg and Jordan M. Wassel; Special Needs Settlement Planning: Working With Personal Injury Attorneys by Shirley Berger Whitenack; Navigating Prevention of Powers of Attorney Abuse by Anthony J. Geremonte; To ABLE or Not to ABLE – That is the Question: Understanding the Intersection of Trusts for the Benefit of People with Disabilities and ABLE Accounts by Ben Menasha; NJSBA Celebrates Members by Providing Critical Advice Every Lawyer Should Have; Wrap it Up: What You Should be Doing to Close Out Your Firm’s Fiscal Year 2022 by PracticeHQ

New Jersey Lawyer No. 338 – October 2022
The New Jersey Constitution 75th Anniversary Edition

Table of Contents: President’s Perspective: Let’s Work Together to Navigate Our Professional Responsibilities by Jeralyn L. Lawrence; From the Special Editors: 947 Constitution Stands the Test of Time by John C. Connell and Robert F. Williams; Working Well: De-Stress, Decompress and Recharge! by Lori Ann Buza; Tips on Appellate Advocacy by Chief Justice Stuart Rabner; How New Jersey Protects Access to Abortion in the Aftermath of Dobbs by Linda J. Wharton; From ‘Reefer Madness’ to the War on Drugs to Legal Recreational Marijuana: How Safe are N.J. Residents from Federal Enforcement by Anthony M. Fassano and John C. Connell; Free Speech on Private Property: Adapting a Set of Fundamental Rights Under the New Jersey Constitution by Bruce S. Rosen and Brittany Burns; New Jersey’s State Constitutions: From Ridicule to Respect by Robert F. Williams; 1997-2022: Amendments to the New Jersey Constitution; A Districting Amendment-or a Distracting Convention?: A Look at How We Can Address Gerymandering by Edward A. Hartnett; Legislature, Courts Shape Evolving Bail Reform Landscape by Alan L. Zegas; New Jersey’s Constitutional Rights to a Civil Jury Trial: ‘Inviolate’ But Not ‘Absolute’ by Hon. Gary K. Wolinetz and Bruce D. Greenberg; How Two Constitutional Reforms Gave New Jersey Government More Streamlined Authority on Judicial Review by Ronald K. Chen; Affordable Housing and the Mount Laurel Doctrine: Enforcement has Returned to the Courts by Hon. Peter A. Buchsbaum; A State Constitutional Right to Firearm Safety: An Idea Whose Time Has Come? by Steven M. Richman; Book Review – The New Jersey Constitution: An Origin Story, Evolution, and Analysis by Hon. Peter A. Buchsbaum

New Jersey Lawyer No. 337 – August 2022
Privacy

Table of Contents: President’s Perspective: Task Force Working Toward Positive Change for Lawyers by Jeralyn L. Lawrence; From the Special Editor: Navigating the Upside Down in the Real World of Privacy by Nancy A. Del Pizzo; What is the Disciplinary Review Board and How Does its Decisions Affect the Level of Discipline Imposed on Lawyers? By Bonnie Frost; Don’t Just Practice Law— Practice Gratitude! By Lori Ann Buza; Treat Your Data Breach Investigation Like Your Toothbrush—Don’t Share It with Anyone by Daniel J. DeFiglio; Defining Privacy of Biometric Information: Legislative Approaches to Growing Use of Biometrics in Our Society and What it Means for Businesses by Brett R. Harris and Natalie Moszczynski; What Every In-House Attorney Should Know About Preserving the Confidentiality of Forensic Reports Related to a Security Incident by Angelo A. Stio III, Avrohom C. Einhorn, and Brianna M. Alunni; Retaining Privacy with Non-Waiver Orders by Veronica J. Finkelstein; Coordinating Care: Aligning 42 CFR Part 2 with HIPAA by David N. Crapo; Commercialization of Your DNA: Privacy Regulations Lagging for Companies Collecting Genetic Data by Jayla E. Harvey; Dragging Dark Patterns into the Light: Recognizing and Mitigating the Pervasive Risk of Manipulative Interface Design for Clients in the Digital World by Alfred R. Brunetti

New Jersey Lawyer No. 336 – June 2022
Climate Change and New Jersey’s Energy Future

Table of Contents: President’s Perspective: Why Putting Lawyers First Matters by Jeralyn L. Lawrence; From the Special Editors: How Society and the Legal World are Responding to Climate Change by Dawn Monsen Lamparello and Asaad K. Siddiqi; Practice Perfect: 8 Things Killing Your Law Firm by PracticeHQ; Technology: How to Tame Information Overload; Working Well: Are You a Mindful Attorney? By Lori Ann Buza; Fulfilling the Promise of the Civil Rights Movement with Environmental Justice by Thomas Prol; New Jersey: A State of Transition-Reducing and Responding to Climate Change in the Garden State by Shawn M. LaTourette; How Ner Jersey’s New Land Use Law Makes Way for Electric Vehicles by Cosmas P. Diamantis; C-PACE Legislation Gets a Major Upgrade, Serving as a Catalyst for Meeting New Jersey’s Climate Change Goals by Joshua V. Berliner; Negotiating Solar Renewable Energy Agreements: What You Should Know by Barbara J. Koonz; Climate Change and Renewable Energy’s Impacts on New Jersey’s Agricultural Industry by Lewis Goldshore; Just Look Up: How New Jersey’s Legislature is Responding to the Very Real Threat of Climate Change by Sen. Bob Smith, Joseph Gurrentz and Matthew Peterson

New Jersey Lawyer No. 335 – April 2022
Special Education

Table of Contents: President’s Perspective: New Lawyers Find a Vibrant Community in the NJSBA by Dominick Carmagnola; From the Special Editor: COVD-19 Pandemic Helps Shine a Light on Special Education by Mary Frances Palisano; Working Well: To Answer the Phone or Don’t Answer the Phone, That is the Question by L. Stephen Pastor; Writers Corner: Driving the Reader in Persuasive Writing by Sherri Orenberg-Ruggieri; Technology: 11 Top Tips on Using LinkedIn to Build Your Brand by PracticeHQ; Third Circuit Reviews Exhaustion Requirements Under IDEA by Arsen Zartarian; A Year to Remember: Recent Legal Developments in Special Education by Cherie L. Adams; Inclusive Education is a Civil Right-in New Jersey,  Too by Fred Buglione; Point/Counterpoint: The Ethics of Negotiating Settlements in Special Education Litigation by John D.  Rue and David B. Rubin; Compensatory Education and the COVID-19 Pandemic: Counter Perspectives on Available Relief by Joanne Butler, Denise Rekem and Judith Weinstock; Unilateral Placements: Private School Tuition Reimbursement in New Jersey by Debra A. Clifford and Mary Frances Palisano; Home Instruction: A Practitioner’s Guide by Karen Edler; School Districts Compelled to Face Head-On a Rise in Emotional Regulation Impairments by Mariann Crincoli; Beyond COVID-19 Pandemic: Special Education for Mental Health Problems Under Disability Law by Dr. Ilise Feitshans; How New Jersey’s Special Education Complaint Resolution System Fails Students by Rebecca K. Spar and Elizabeth Athos; School Districts in New Jersey Have a Legal Obligation to Identify Struggling Readers and Provide Effective Instruction by Denise G. Verzella and Anne Reynolds; Juvenile Justice Involved Youth May Be Denied Freedom, But Not FAPE by Lacia Japp; A Quick Look: How the S3434 Year Can Make a Difference in Postsecondary Outcomes by Lisa A. Hernandez; A Roadmap for the Special Needs College Student: Moving from Child Find to Self-Report by Laura A. Siclari

New Jersey Lawyer No. 334 – February 2022
Military Law and Veterans Affairs

Table of Contents: President’s Perspective: Honoring Justice LaVecchia’s Distinguished Service and Commitment to Public Service by Domenick Carmagnola; From the Special Editors: How the Legal System Affects Military Service Members and Veterans by Brian R. Lehrer and Hon. Edward M. Neafsey (ret.); Practice Tips: What I Wish I knew – 8 Valuable Lessons by Jeralyn L Lawrence; Editing to Improve Readability by Veronica J. Finkelstein and Jack Foley; Stop Waiting for Computers to Die Before Replacing Them by Affinity Consulting; Eradicating Sexual Assault in the Military: Current Support for Future Reform by Melissa Strickland; America’s Heroes Need Our Help: Here’s What You Need to Know to Become a Veteran’s Advocate by Nancy Y. Morgan; Proving VA Disability Compensation Eligibility for Camp Lejeune Veterans with Non-Presumptive Diseases by Eric A. Gang; Mefloquine: Health Concerns and VA Disability Claims by Nebojsa “Vic” Zlatanovic; The Importance of Using Military, Medical Records in Criminal Proceedings for Veterans with Mental Health Disorders by Robert A. Ebberup; Justice-Involved Veterans With PTSA can be Supported Through Veterans Treatment Court by David Culley; New Jersey’s Veterans’ Diversion Program: Program’s Success Calls for Time for Formalization and Standardization – Will New Jersey Answer the Call? by Robert Hille, Thomas Roughneed and Hon Edward M. Neafsey (ret.); The Good, The Band and The Ugly: New Jersey’s Property Tax Exemption for 100% Disabled Veterans by Lt. Col Sally Stenton USAF (ret.); Military Minefields in Family Law Cases by Patricia E. Apy and Michael J. Fleres; War Stories: One Attorney’s Experience Serving in the Military and Building a Life as a Civilian by Christopher J. D’Alessandro

New Jersey Lawyer No. 333 – December, 2021
E-Discovery – Working with electronically stored information

Table of Contents: President’s Perspective: NJSBA Advocates for More Nuanced Analysis, Variety of Sanctions for Wilson Rule by Domenick Carmagnola; From the Special Editors: The Evidence is Increasingly Electronic – and Attorneys Must Know How to Manage the Rules and Technology Surrounding It by Susan Nardone; Practice Tips: Assessing the Readability of your Writing by Veronica J. Finkelstein and Jack Foley; Some Tips on Civility and Dealing with Difficult Adversaries and Judges by Megan S. Murray; SMS SOS: The Do’s and Don’ts of Texting Your Client by Cyara Hotopp, Affinity Consulting Group; When ‘Something Doesn’t Feel Right’ About the Evidence by Scott J. Etish and Brielle As Basso; E-Discovery and Social Media: Current Standards and Guidelines for Discoverability, Presentation, Collection, and Production in the Ever-Changing World of Social Media ESI by J.T. Triantos; Abiding by Strict Search Terms During Discovery Can Have Consequences by Bled Aliu and Hon. Ronald J. Hedges; The Resurgence of Electronic Evidence Spoliation Sanctions: Is the Tiered Approach of FRCP 37 (e) Living Up to Expectations? By Mark S.  Sidoti and Kevin H. Gilmore; Avoiding a Plan for Failure: Lessons From Recent Products Liability E-discovery Decisions by Jonathan Donath

New Jersey Lawyer No. 332 – October, 2021
Insurance

Table of Contents: President’s Perspective: Impacting Judicial System and the Way We Practice Through Persevering Advocacy by Domennick Carmagnola; Message from the Special Editors: As Society Evolves, So Do Insurance Provisions Across Industries by Reka Bala and Lisa J. Trembly; Practice Tips: Reimaging business Development by Aparna Tutak, Heeding the Call – Why Pro Bono Can Make A Difference by Akil Roper, Writer’s Corner – The Importance of Readability by Veronica J.  Finkelstein and Jack Foley; The Clash for COVID Coverage by Sherilyn Pastor, Anthony Bartell and Mario S. Russo; A Hack a Day – Can Insurance Keep the Resulting Losses Away? By Kimberly Parson and Eugene Killian; High Time to Open a Cannabis Business Legally in New Jersey – and You Can Obtain Insurance by Joanna L. Crosby; Media Liability Coverage Isn’t Just for News Conglomerates Anymore by Kathleen J. Devlin and Julia C. Talarick; Expediency in Trying Times by J. Christopher Henschel; The National Practitioner Data Bank – A Silent Factor at Play by Nancy Crosta Landale; Is Coverage Barred? Assault and Battery Exclusions in Commercial General Liability Policies by Brian R. Lehrer and Thomas N. Gamarello; When Bad Faith Impacts the Uninsured/Underinsured Motorist by Lisa A. Lehrer and Sherwin Tsai; Will Insurers Maintain Their Successes in New Jersey COVID-19 Insurance Coverage Litigation by Michael F. Aylward and Mariel Mercado-Guevara

New Jersey Lawyer No. 331 – August 2021
Venture Capital and Private Equity

Table of Contents: President’s Perspective: Law Center Reopening Symbolic of Crafting the Best Path Forward by Domenick Carmagnola; From the Special Editor: Examining the Strategies and Changing Landscape of Venter Capital and Private Equity by Senwan Akhtar; Practice Tips: Working Well – Be a Good Adversary by Jeralyn L. Lawrence; Technology – Why You Need a Password Manager by Jeffrey R. Schoenberger; Practice Perfect – Recruitment and Retention by Aparna Tutak; Convertible Note and SAFE Financing for High-Growth Startups by Anthony E. Wilkinson; Evolving Market Terms for Venture Capital Investments: Trad Association Updates Standards by Steven M. Cohen, Benjamin David Novak and Evan J. McGillin; Addressing the Funding Gap for Women and  Diverse Entrepreneurs by Onome Adejemilua; Selling to Private Equity: Not an Exit, But a New  Chapter by Jason D. Navarino and Christine N. Restrepo; Impact of COVID-19 on Mergers and Acquisitions Deals by Michael J. Zussman and Jacob G. Shulman; Earnouts a Complicated but Useful Option in Mergers and Acquisitions by W. Raymond Felton; A Guide to Private Equity Investment in Health Care by Grace D. Mack and Michael F. Schaff

New Jersey Lawyer No. 330 – June 2021
Trial Advocacy & Preparedness

Table of Contents: President’s Perspective: Focusing on Judicial Vacancies, Pandemic Fall-Out and Recovery, and Lawyer Wellness in the Year Ahead by Dominick Carmagnola; From the Special Editors: Trial Advocacy and Preparedness in an Ever-Changing Environment; by Angela Foster, Michael Jay Plata and Ricardo Solano Jr.; Practice Tips: Make your Meetings Meaningful by PracticeHQ; How Networking is a Game-Changer by Ayesha Hamilton; Cultivate a State of Awareness by Anthony Murgatroyd; Amending the Rules Amid a Health Crisis: Developments in Federal and Local Rules and Procedures By Karen A. Confoy; The Motion In Limine: New Rule Provides More Evidentiary Parameters by Dominic V. Caruso; Trial Advocacy in the Age of COVID-19: A Roadmap to the Effective Creation and Preservation of the Record for Appeal By Diana C. Manning and Kyle A. Valente; Technology for Trial Attorneys During the Advent of Hybrid and Virtual Trials By Victor A. Afanador; Strategy is Key for Opening Statements and Closing Arguments: Attorneys Must Take Care to Remain Inbounds  By John L. Slimm and Jeremy J. Zacharias; Essential Tips to Effectively Cross-Examine an Expert Witness at Trial by Edward T. Kole; Practical Considerations for Presenting Deposition Testimony at Trial By Roy Alan Cohen and Rahil Darbar; Do You Want to Keep it Secret?: Things to Consider When Applying to Have Court Records Sealed  By Dennis Gleason; Innovate or Die: Adapting to the Virtual World and Using It to Tell Your Client’s Story at Trial By Rich Lomurro

New Jersey Lawyer No. 329 – April 2021
Pandemic
Table of Contents: President’s Perspective: Now More Than Ever, New Jersey Urgently Needs a Full Bench to Ease Case Backlog by Kimberly A. Yonta; Message from the Special Editors: Applying the Law in a Society Changed by the COVID-19 Pandemic by Asaad K. Siddiqi and Darren M. Gelber; Practice Tips: Working Well – Tips on Mindful Practice by Anthony Murgatroyd; Writer’s Corner: Effective Communication and How Not to Write Like a Lawyer by Robert B. Hille; Ethics and Professional Responsibility: Exhibits, eCourts, and Ethics by Ryan J. Gaffney; Practice Perfect: Microsoft 365: Understanding the Benefits and Busting the Myths by Jennifer Ramovs; COVID-19 Vaccinations – The Legal and Practical Considerations for New Jersey’s Public Sector Employers by John Shahanian and Valentina Scirica; Employment Litigation Considerations in a Post-Pandemic World – Leave and Liability by Laura A. Siclari and Allison N. Zsamba; Wage and Hour Requirements Do Not Shut Down During a Pandemic by Joseph H. Tringali; COVID-19 Does Not Have to Mean Indefinite Detention – Many Criminal Defendants are Stilling in Jails Awaiting Their Literal Day in Court – With No End in Sight by Adalgiza A. Nunez; The Nuts and Bolts of Compassionate Release Applications for Federal Inmates by Matthew S. Adams and Marissa Koblitz Kingman; Can the Right to Liberty and the Pursuit of Happiness Remain ‘Inalienable’ While Simultaneously Attempting to Defeat COVID-19? by Fruqan Mouzon and Bradford Meisel; 20/20 Hindsight on 2020’s Coronavirus Pandemic and Its Effect on the Practice of Family Law by Jhanice V. Domingo; Compelling Parties to Participate in Remote Arbitration Hearings by Theo Cheng; How the Global Covid-19 Pandemic Has Affected Landlord Tenant Practice in New Jersey by Bruce E. Gudin; COVID-19 and Apartment Complexes – Why the Unregulated Use of Gyms and Common Areas Could Make Landlords Begin to Sweat by Izik Gutkin

New Jersey Lawyer No. 328 – February 2021
Sports Law
Table of Contents: President’s Perspective: Hear Us. Recognize Us. The Power of Women Speaking Up by Kimberly A. Yonta; Message from the Special Editors: Litigation, Transactions, Compensation, and More by Albertina Webb and Susan Nardone; Practice Tips: How to Make Web Meetings Work by Jennifer Ramovs; Moving Your Ccase More Quickly During Pandemic by Hon. Margaret Goodzeit; Civility and Dealing with Difficult Adversaries and Judges by Megan S. Murray; Student-Athlete Name, Image, and Likeness Rights: What to Expect in 2021 and Beyond by Nicholas A. Plinio and Gregg E. Clifton; The NCAA’s Historical Challenges with Antitrust Issues and its Current Battle for Continued Relevance by Andrew Bondarowicz; It’s All About the Benjamins: College Athletes Getting Paid for Their Name, Image and Likeness by Desha Jackson and Victoria Nguyen; The Fight Off the Field: Legal Issues Surrounding Compensation of Female Professional Athletes by Mari Bryn Dowdy and Mailise Marks; Title IX and the Continuing Fight for Gender Equity in Athletics by Jan L Bernstein and Gregory L. Grossman; New Jersey Fair Play Act Creates and Uneven Playing Field for Lawyers by William P. Deni Jr.; What Does it Mean to Work in Sports Law? Practitioners Need Versatility in Navigating Financial, Media, Safety and Rights Issues; Has the Supreme Court’s sports Gambling Decision Opened the Door for Corruption in eSports? by Christopher C. Schwarz; Structure and Steadfastness: A Look at Athletes-Turned-Lawyers; The Catalyst for Change in Baseball Labor Agreements: A Legal Look at Curt Flood’s Impact on Free Agency by David P. Pepe

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