Blogs

Be the first person to recommend this.
When the New Jersey State Bar Association (NJSBA) holds its 2019 Pro Bono Awards Reception on Oct. 24 at the New Jersey Law Center in New Brunswick, attendees will hear about the often unsung heroes of the legal world who donate countless hours to help the poor, the disenfranchised and the most vulnerable in New Jersey. The awards recognize exemplary pro bono work that has a significant impact on access to justice for underserved communities in the state. Fighting for child asylum cases For the attorneys at the Short Hills firm of DLA Piper, which won a Pro Bono Award for large firms, the cases often involve children who have fled violent and traumatic ...
0 comments
Be the first person to recommend this.
Supreme Court committee seeks to extend presumptive exclusion of medical reports from public access The Supreme Court Advisory Committee on Public Access to Court Records recommended amendments to extend the presumptive exclusion of medical reports in all case types from public access. The reconsideration of Rule 1:38 was prompted by technological advances, “including the widespread implementation of eCourts.” “The ongoing implementation of eCourts has bought about the realization of the possibility foreseen in the Albin Report, which possibility likely will increase as electronic filing is made available to self-represented litigants,” said the committee ...
0 comments
Be the first person to recommend this.
At a time when civility in social discourse seems to be declining, New Jersey’s legal community takes seriously the idea that its members have an obligation to be professional. To that end, the New Jersey Commission on Professionalism in the Law—a cooperative venture between the New Jersey State Bar Association (NJSBA), the state and federal judiciary, and New Jersey’s two law schools—will honor outstanding lawyers who demonstrate and uphold a commitment to the profession’s highest standards on Oct. 23, at the Professionalism Awards Luncheon in Edison. The Daniel J. O’Hern Award will be given posthumously to Jerome B. Simandle, a retired chief federal ...
0 comments
Be the first person to recommend this.
Tracy M. Thompson, acting insurance fraud prosecutor and an assistant attorney general in the division of criminal justice in New Jersey, was named the 2019 Charles J. Hollenbeck Award recipient by the New Jersey Commission on Professionalism in the Law. Thompson is an NJSBA trustee. The Hollenbeck Award is given to an attorney who is employed by a governmental agency or by a nonprofit organization that serves the needs of the legal community, and has served with diligence, competence and dedication to the profession. As the acting insurance fraud prosecutor, Thompson supervises a staff of 100 who investigate and prosecute all types of insurance fraud, including ...
0 comments
Be the first person to recommend this.
THANK YOU donors to the Lawyers Feeding New Jersey Campaign: Winne, Banta, Basralian & Kahn, PC   Paris P. Eliades Joseph L. Basralian Peter Bakarich Kimberley Lambert Marcy Millman Patricia Phillips Megan Jeffery Frances Thompson You can help too!!! Donate here:  https://tinyurl.com/LFNJ2019202
0 comments
Be the first person to recommend this.
State v. Olenowski Drug recognition expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S. , 293 F. 1013 (D.C. Cir. 1923), said the New Jersey State Bar Association (NJSBA) in its amicus curiae argument to the Supreme Court last week. NJSBA member John Menzel argued the matter before the Court, urging the Court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III. The Court ...
0 comments
Be the first person to recommend this.
The New Jersey State Bar Foundation (NJSBF) has published a new guide for educators to improve social and emotional learning for students in elementary through high school. Social Emotional Character Development draws from the latest research that shows schools that stress social and emotional learning help foster a sense of psychological safety, greater emotional intelligence and enhanced self-esteem in students. The 260-page guide was developed and written by Elissa Zylbershlag, the NJSBF’s director of conflict resolution and anti-bias initiatives, and Erin Lee, a co-facilitator for the NJSBF unconscious bias training, along with other contributors. The ...
0 comments
Be the first person to recommend this.
The donations are coming in and we want to thank our first group of donors to the Lawyers Feeding New Jersey Campaign: Middlebrooks Shapiro, P.C. Jeralyn Lawrence Richard Sanvenero, Jr. Harriet and Paul Klein Lisa W. Spiegel Paris P. Eliades Marianne Espinosa Denise Gallo Richard Gelade Jeralyn Lawrence, Lawrence Law LLC Scott R. Malyk Karen Saminski Burrell I. Humphreys Brian M. Quigley H. Glenn Tucker Maria C. Anderson Joseph M. Casello Marna M. Erlich Albert J. Mrozik, Jr. Arnold K. Mytelka Lynn Norcia and Jeffrey Blakeslee You can help too!!! Donate here: https://tinyurl.com/LFNJ20192020
0 comments
Be the first person to recommend this.
With few exceptions, the New Jersey State Bar Association (NJSBA) submitted comments last week in support of the Supreme Court’s recommendations from the Working Group on Municipal Courts. The NJSBA lauded the committee for its recommendations, many of which were consistent with those contained in an NJSBA report released in 2017 that included testimony from public hearings held throughout the state.   The working group recommendations focused on three areas: decoupling sentencing practices from a municipality’s need for revenue in order to enhance equal judicial independence; modifying the appointment and reappointment process for municipal court judges ...
0 comments
Be the first person to recommend this.
The New Jersey State Bar Association’s governing body took positions last month on legislation, reviewed compliance among its leaders with diversity and inclusion efforts and spoke out on judicial vacancies and courthouse security. The Board of Trustees met Sept. 20 at the New Jersey Law Center in New Brunswick. Here is a look at what the trustees did: Diversity and Inclusion Action Plan and Individual Checklists: The trustees reviewed data collected over three years about activities its members had taken to advance the goals of diversity and inclusion in their personal and professional lives. The overall trend for a majority of responses to individual ...
0 comments

October Calendar of Events

Be the first person to recommend this.
Receptions, Gatherings and Special Events   Golf Outing Wednesday, Oct. 2 | 11 a.m. Cedar Hill Golf & Country Club, Livingston Sponsored by the Family Law Section This event is open to all Family Law Section members and their guests.   18 th Annual Chancery Reception Wednesday, Oct. 2 | 6 p.m. New Jersey Law Center, New Brunswick Sponsored by the Equity Jurisprudence Committee All are invited for a purely social evening welcoming the chancery judges and their law clerks to the new term.   Shredding Party Saturday, Oct. 5 | 9 a.m. New Jersey Law Center, New Brunswick Get rid of all your ...
0 comments
Be the first person to recommend this.
Taking an approach recommended in the New Jersey State Bar Association’s (NJSBA’s) amicus curiae brief, the Supreme Court held that the use of remittitur and additur should be based on the mutual consent of the parties “to give the competing parties the greatest incentive to reach agreement.” In Orientale v. Jennings , decided just last week, the Court held that the plaintiff is entitled to a new trial on damages because the trial court declared that the damages award was so grossly inadequate that it shocked the judicial conscience and because Orientale did not consent to the court’s additur . The NJSBA brief was written by trustees Craig Hubert and ...
0 comments
Be the first person to recommend this.
Mary Jean Barnes is the New Jersey State Bar Foundation’s (NJSBF) new director of administration and grant programs where she manages the organization’s day-to-day operations, finances, board relations, grant programs and fundraising. A lawyer and former executive at nonprofit organizations where she was active in development, Barnes plans to focus on fundraising at the Foundation, the charitable and educational arm of the New Jersey State Bar Association. “We are delighted that Mary Jean agreed to join our team at the Foundation,” Executive Director Angela C. Scheck said. “She brings a deep knowledge of the New Jersey legal community as well as an understanding ...
0 comments
Be the first person to recommend this.
Editor’s Note: The following article by Corinne McCann Trainor and John C. Atkin was published as part of the Federal Practice and Procedure Section Newsletter, which is distributed to members of the Federal Practice and Procedure Section. To learn more about joining a section of the New Jersey State Bar Association, email us at [email protected] .   On Jan. 24 of this year, in recognition of the 50th anniversary of the Federal Magistrates Act of 1968, the Federal Practice and Procedure Section of the New Jersey State Bar Association, chaired by Corinne McCann Trainor, a partner with Fox Rothschild LLP, moderated a panel of judges and attorneys to ...
0 comments
Be the first person to recommend this.
Permitting lawyers to purchase a competitor lawyer’s name as a keyword search in an Internet search as part of a search engine’s ad campaign in order to promote the lawyer’s law firm “condones gamesmanship over professionalism,” said the New Jersey State Bar Association (NJSBA) in its brief to the New Jersey Supreme Court last week. The NJSBA urges the Court to review Opinion Number 735 by the Advisory Committee on Professional Ethics (ACPE), which opined that the practice does not violate the Rules of Professional Conduct. The brief was written by NJSBA member Bonnie C. Frost, of Einhorn Barbarito. Read the brief here . “The NJSBA believes a critical question ...
0 comments
Be the first person to recommend this.
Sidebar is a special feature of the NJSBA that gives the NJSBA a chance to chat with some of the newsmakers and interesting people who call the association their professional home. Today's guest is Shawn M. LaTourette. He’s a guy with a lot on his plate. He is chief of staff at the New Jersey Department of Environmental Protection. He is the 2019-2020 Chair of the LGBT Rights Section of the New Jersey State Bar Association. And he is the father to 8 ½-year-old twins. LaTourette has a great backstory. He’s the product of Middlesex county’s vo-tech program. He put himself through college and law school. He’s worked at some of the nation’s biggest firms ...
0 comments
Be the first person to recommend this.
Rebecca Rakoski is a co-founder and managing partner of XPAN Law Group, a woman-owned boutique law firm where her practice is devoted to cybersecurity and data privacy. Rakoski is a member of the New Jersey State Bar Association’s Cybersecurity Task Force. She spoke about the big changes coming to the world of cybersecurity thanks to the New York Shield Act, which was signed into law this summer and goes into effect next March. What is the Shield Act? Laws have borders, but data moves back and forth across borders all the time. With the continued ascension of internet-based businesses, we are ordering things and conducting business from one state and may ...
0 comments
Be the first person to recommend this.
The New Jersey State Bar Association is launching Law Days throughout New Jersey as an initiative of NJSBA President Evelyn Padin in partnership with affinity and county bar associations, the Judiciary and legal services organizations. We are looking for attorneys who are willing to volunteer for these events to provide assistance in the following areas of law: Immigration, Guardianship for Children, Landlord-Tenant, Divorce, Domestic Violence Restraining Orders, Criminal Law/Expungements and Criminal Law/Victim’s Rights. For those of you who are not bilingual, we will have interpreters available, so please do not hesitate to volunteer. There will ...
0 comments
Be the first person to recommend this.
  The New Jersey state senate president wants to introduce legislation that would ban all electronic smoking devices, including nicotine cartridges and containers, and other vaping products. The Trump administration is considering a ban on flavored e-cigarettes. Officials are investigating more than 450 potential vaping-related lung illnesses—including nine in New Jersey. Six deaths in the United States are associated with vaping and e-cigarette products. At a time when the nation is grappling with a rising number of vaping-related lung illnesses and deaths, the New Jersey Institute for Continuing Legal Education will host a webinar on the legal ...
0 comments
Be the first person to recommend this.
Editor’s Note: The following article by Damian Santomauro was published as part of the Construction Law Section Newsletter Vol. 21, No. 1, which is distributed to members of the Construction Law Section. To learn more about joining a section of the New Jersey State Bar Association, email us at [email protected] . The economic loss rule is a judicially created doctrine that purports to define the boundaries between contract and tort claims. 1 In essence, the economic loss doctrine bars tort claims (as well as strict liability claims) for economic loss arising out of a contractual relationship. 2 Although this appears to be a relatively straightforward ...
0 comments