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The New Jersey State Bar Association has learned of reports of a new type of phishing email emerging in New Jersey that uses an infected PowerPoint file. According to cybersecurity authorities, the malicious email launches a small program to record every key the user hits on their keyboard (passwords, logins, information, etc.). At the moment, this exploit mostly appears in bogus purchase order and quote-related emails, but it is starting to evolve into other formats that look more realistic and credible. The phishing email is a new variant of the FormBook malware designed to steal personal information via keyloggers and form grabbers.   The new phishing ...
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(Note: This is an edited excerpt of an article written by Daniel R. Dowdy in the March 2021 issue of Labor and Employment Law Quarterly . Read the full article, which includes a detailed analysis of employer considerations regarding employee marijuana use, here [login required].) Marijuana, cannabis, weed, THC, pot, Mary Jane, ganja. Call it what you want. Employees in New Jersey recently gained broad protection to consume it recreationally and to be under its influence while off-duty.  Following the passage of New Jersey’s November 2020 Ballot Question 1 with the support of ⅔ of the voting electorate, Article IV, Section VII, Paragraph 13 of the New ...
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Earlier this month, the state Supreme Court Committee on the Unauthorized Practice of Law modified an earlier opinion regarding nonlawyers who represent parents and children in special education proceedings before the Office of Administrative Law (OAL). Opinion 57 supersedes an opinion stating that nonlawyers with knowledge or training with respect to children with disabilities and their educational needs “may advise, represent and/or speak on behalf of parents and children at meetings with the child’s school to develop the child’s IEP and at formal mediations should the parties be unable to agree to the IEP.” The committee further outlined the requirements ...
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The New Jersey State Bar Association Pro Bono Committee is accepting nominations for the annual 2021 Pro Bono Awards, which recognize members of the New Jersey legal profession who exemplify outstanding commitment to providing legal services to the state’s underserved residents. The award categories are individual, organizational, new attorney and lifetime achievement. The 2020 awards recognized attorneys and firms that fought for a variety of social justice issues, including refugee children and leading statewide efforts to prevent evictions for low-income individuals affected by the COVID-19 pandemic. For a complete listing of the award criteria ...
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Elementary and middle school students throughout New Jersey will head to virtual court in May, but not because they did anything wrong. They are the winners of the New Jersey State Bar Foundation (NJSBF) Law Fair (grades 3 through 6) and Law Adventure (grades 7 and 8) competitions where students and their teachers wrote original mock trial cases based upon rules provided by the NJSBF. Winners will present mock trials before their peers, where they play the roles of attorneys, witnesses and jurors. Judges and attorneys will preside over the trials, which will be virtual. Law Fair winning cases deal with fossils stolen from a museum, a lost cat, theft of ...
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(An edited version of this article written by Joseph H. Tringali appears in the April 2020 edition of New Jersey Lawyer focusing on legal issues during a pandemic. Read the full issue here [login required].) As we rang in the new year in 2020, who could have imagined that it was going to become commonplace for lawyers to be making court appearances and taking depositions on the laptop in the living room, with dogs barking in the background and kids learning math in the kitchen? The year 2020 has taught us to be problem solvers, quick to adapt to ever-changing court rules and regulations.  While many things have changed because of COVID-19, the federal ...
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After more than a year of living and working in a global pandemic, many of us have experienced burnout, exhaustion and strains on our mental health. Numerous studies have shown that well-being has suffered under COVID-19. A recent Harvard Business Review survey underscored that reality, reporting that 89% of those surveyed said their well-being related to work has declined; many are struggling to handle their work and balance it with other responsibilities; and others are experiencing more exhaustion and are losing connections with other people. The New Jersey State Bar Association (NJSBA) recognizes the unique challenge lawyers face and wants to help them ...
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Editor’s note: This article is adapted from the NJSBA’s PracticeHQ archives. PracticeHQ is a free benefit available to all NJSBA members, and provides articles, comparison charts, videos and more with the sole purpose of helping members manage their law practice more efficiently and effectively. Find out more about PracticeHQ resources by selecting the Resources tab at njsba.com . We are increasingly emailed-out and meetinged-out. Now, more than ever, it is critical to make the most of your time and that earns a coveted spot on the calendar. Read on to get important tips and suggestions from the NJSBA’s PracticeHQ, a practice management benefit exclusive ...
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The New Jersey State Bar Association (NJSBA) welcomes attorneys who have been in practice for at least five years to apply for the newly updated NJSBA Leadership Academy. The academy will provide participants with the intensive learning, career planning, knowledge sharing and networking opportunities essential to reach a leadership position in the bar, workplace and community. Programming will include building communications skills; career management; and learning about the Judiciary, Legislature and New Jersey industries. “I’m so excited that the NJSBA is relaunching this valuable program,” NJSBA President Kimberly A. Yonta said. “The academy is a fantastic ...
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The New Jersey State Bar Association (NJSBA) urged clarification on arbitration clauses in retainer agreements following the state Supreme Court’s opinion in Delaney v. Dickey , offering proposed model language for its consideration. The comments were submitted to the Court’s Advisory Committee on Professional Ethics last week. The language was drafted to include disclosure requirements referenced in the Court’s opinion in Delaney , which was decided in December 2020. Delaney signaled a significant change in the obligation on the part of an attorney to explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney ...
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Millions of Americans say brain health is the most important thing to them as they age. And yet, most people don’t know how to protect against decline—whether gradual or sudden, severe or mere forgetfulness. They also assume degeneration is inevitable and natural, but it’s neither.   At the New Jersey State Bar Association’s Annual Meeting, practicing neurosurgeon and CNN Chief Medical Correspondent Dr. Sanjay Gupta will present a keynote presentation about his research and findings from his new book, Keep Sharp: Build a Better Brain at Any Age (Simon & Schuster.)   Dr. Gupta will share the best-kept secrets of experts around the world for maintaining ...
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New Jersey Acting Insurance Fraud Prosecutor Tracy M. Thompson has served the state for nearly 30 years as a prosecutor, but she clearly remembers the difficulty she had finding a job in New Jersey after she graduated from an out-of-state law school. “I thought being from Trenton was going to be enough. I honestly did. A mentor would have told me that was not enough,” said Thompson, a New Jersey State Bar Association (NJSBA) trustee. Determined to pay her success forward, Thompson seized the opportunity to volunteer with the NJSBA’s Mentor Match program. Although that program has been phased out, it has been replaced with a new program headed by the NJSBA ...
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Lower Cape May Regional High School of Cape May County won the New Jersey State Bar Foundation’s (NJSBF) virtual Vincent J. Apruzzese Mock Trial Competition on March 18, marking the first time the school won the competition. Taking second and third place, respectively, were West Morris Mendham High School of Morris County and Colts Neck High School of Monmouth County. As the state champions, Lower Cape May will represent New Jersey in the first virtual National High School Mock Trial Championship May 13–15. New Jersey Supreme Court Chief Justice Stuart Rabner and Judge Marilyn C. Clark, who recently retired as presiding judge of the Criminal Division in ...
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The New Jersey State Bar Association (NJSBA) urged the state Supreme Court to consider eliminating the proposed procedures for evaluating and assessing the competency of child witnesses, signaling concerns about its potential for unjustified confidence in an unreliable test. The letter sent to the Supreme Court was in response to a joint committee report from the Supreme Court Practice, Evidence Rules and Family Practice committees. The report was developed in response to the Court’s direction in State v. Bueso , 225 N.J. 193 (2016), which urged the development of model questions for assessing the competency of child witnesses. In Bueso , a five-year-old ...
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Editor’s note: This article appears in New Jersey Family Lawyer’s special issue featuring various top 10 insights from retired judges for effective advocacy and presentation in various stages of matrimonial litigation. Family Law Section members can read the full issue here (login required). By Hon. Glenn Berman (Ret.) The venerable investor Warren Buffet has amassed an enormous fortune adhering to two rules:       1. Do not lose money.   Never forget Rule #1.   We as lawyers do not manufacture or build anything: we advocate for clients orally or articulate their positions in writing.   When addressing a judge, if allowing yourself ...
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The New Jersey State Bar Association’s (NJSBA) governing body met last month to discuss issues facing the legal community, including arbitration agreements and proposed court rule changes. Key among the discussion when the Board of Trustees met virtually on March 19 were arbitration agreements. The trustees approved draft model arbitration disclosure language to be shared with the Judiciary. The draft language was provided as follow-up to the comments the board submitted to the Court’s Advisory Committee on Professional Ethics (ACPE) regarding required disclosures when including an arbitration clause in a retainer agreement, pursuant to Delaney v. Dickey. ...
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Members of the legal community paid tribute to Bill Kane, the director of the New Jersey Lawyers Assistance Program (NJLAP), who is retiring this summer.   “One never has to wonder whether Bill will be there to provide the support and personal attention necessary to assist any of us in getting a suffering attorney into the process of recovery.… Bill understands that when dealing with addiction, mental illness or other crises, genuine concern and caring for the individual by those rendering assistance is the key component.” John Zarych, an attorney who is actively involved in lawyer assistance in southeastern New Jersey for the past 30 years    “Bill ...
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In October 1979, William Kane, eight months out of rehab, stood with 17 other attorneys in the chambers of recently appointed New Jersey Supreme Court Chief Justice Robert Wilentz. They had a request: that Wilentz back a proposed confidential program to help New Jersey lawyers struggling with alcohol disorders and other  problems. The chief justice listened politely, but Kane and the others knew granting the confidentiality that the program would need to be successful would be a sticking point. It was an uphill struggle, but over the next 14 years Kane worked tirelessly with the New Jersey State Bar Association (NJSBA) and the Court to make the New Jersey ...
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To be considered for selection to the Executive Committee, candidates must be members in good standing of the New Jersey State Bar Association and the Family Law Section.  Qualified candidates should have already made significant contributions to the NJSBA, NJSBA Family Law Section, NJ Family Lawyer, and/or their local Bar Associations. NJSBA member who are not currently Family Law Section members can join the section by contacting NJSBA Member Services at [email protected] , or 732-249-5000. Service on the Executive Committee requires a significant time commitment, such as: Attending monthly meetings of the Executive committee in various locations in ...
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NJSBA President Kimberly A. Yonta shared a video update about the Association’s efforts to address the ongoing pandemic; diversity and inclusion efforts; the judicial vacancy emergency and Women’s History Month.     The NJSBA’s Pandemic Task Force remains focused on helping the legal community and the public, she said. Its Access to Justice and Practice of Law committees are poised to release new findings and recommendations. And the NJSBA continues to meet with court officials regularly to discuss issues like courthouse logistics and virtual trial matters.     Yonta addressed the record-high 74 judicial vacancies on the state court bench, saying there ...
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