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Sports are big money, and the latest edition of New Jersey Lawyer focuses on a wide range of topics surrounding sports law. A number of articles in this edition take a look at student-athlete name, image and likeness rights, also known as NIL rights, such as the one by Nicholas A. Plinio and Gregg E. Clifton, who tell readers what to expect in 2021 and beyond. Andrew Bondarowicz provides a wider perspective in “The NCAA’s Historical Challenges with Antitrust Issues and Its Current Battle for Continued Relevance.” In “It’s All About the Benjamins: College Athletes Getting Paid for Their Name, Image and Likeness,” Desha Jackson and Victoria Nguyen make ...
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The New Jersey State Bar Association (NJSBA) urged the Supreme Court’s Advisory Committee on Professional Ethics (ACPE) not to expand the disclosure requirements for arbitration provisions in retainer agreements beyond those outlined by the Court in Delaney v. Dickey (A-30-19). The NJSBA instead recommended including in the Rules of Professional Conduct requirements set forth in the Dec. 21, 2020, opinion, finding that an arbitration provision that references a document regarding arbitration rights be presented to the potential client along with an explanation of those provisions. The NJSBA participated as amicus curiae , arguing that the lower court engaged ...
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The governing body of the New Jersey State Bar Association (NJSBA) met virtually in February and took action on issues ranging from arbitration clauses to supporting legislation. The Board of Trustees agreed to submit comments to the Advisory Committee on Professional Ethics about required disclosures when including an arbitration clause in a retainer agreement pursuant to Delaney v. Dickey . In that case, the state Supreme Court upheld the use of arbitration clauses in retainer agreements but concluded attorneys must provide clients with additional information to ensure clients are fully aware of the differences between arbitration and a judicial trial. ...
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The deadline to submit nominations for the New Jersey State Bar Foundation 2021 Medal of Honor has been extended to March 19. The Medal of Honor, the Foundation’s highest honor, is given annually to lawyers, law-related professionals and lay people who have made significant contributions to the advancement or improvement of the justice system or the betterment of the legal profession in New Jersey. For information on the criteria of the award and the nomination procedure, click here. To submit a nomination, click here .
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By Noreen Braman New Jersey Lawyers Assistance Program Communications and Technology Manager Many of us remember “Zen and the Art of Motorcycle Maintenance,” the novelistic autobiography by Robert M. Pirsig published in 1974. This book of philosophic musings on how to live a meaningful life became a bestseller and spawned scores of articles and books with the title “Zen and …, ”  including many for lawyers, such as “Zen and the Art of Becoming a Lawyer,” “Zen and the Art of Law School Success,” “Lawyers Go Zen, With Few Objections,” and so on. When Pirsig’s novel was published, the notion of lawyer well-being was not as common as it is now. Today, Zen has ...
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The New Jersey State Bar Association Minorities in the Profession Section’s (MIPS) annual Black History Month high school essay contest yielded dozens of essays from students who wrote about the landmark law that shields social media companies from liability. Students were asked to submit essays on why Section 230 of the Communications Decency Act of 1996 was originally passed into law; what its impact has been; and whether the law should be changed and, if so, how it should be changed. The judges winnowed the submissions down to five finalists, whose essays have been excerpted below. A single winning essay was not selected, but the finalists competed in ...
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The New Jersey State Bar Association (NJSBA) Young Lawyers Division (YLD) is looking for volunteers to be mentors in a new program aimed at helping law students as they navigate their way through school. “The law is one of those professions where a lot of knowledge is passed down from person to person. Finding and being a mentor makes you a link in the chain. And it doesn’t matter where you are in your career because there are always people with more experience, and people you can reach back and help pull forward,” said Emily Kelchen, chair of the YLD and NJSBA trustee. Since members of the division are age 36 or younger and have been practicing for 10 years ...
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The New Jersey State Bar Association (NJSBA) is urging action be taken over apparent lapses in federal and state COVID safety protocols at the Peter Rodino Federal Building in Newark that jeopardize the health and safety of visitors. In a Feb. 19 letter to the director of the U.S. Citizenship and Immigration Services (USCIS), which has its Newark field office at the building, NJSBA President Kimberly A. Yonta wrote: “Our members report that there are routinely unreasonably long lines outside of the building, suggesting that too many people are being scheduled to enter the building at the same time. We are advised users can be waiting in those lines for ...
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Cannabis legislation passes, AG’s Office issues directive on marijuana charges Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAM Act) and marijuana decriminalization laws last week, prompting a directive by Attorney General Gurbir Grewal regarding the disposition of marijuana charges. Directive No. 2021-1 provides guidelines for the dismissal of eight specific marijuana- or hashish-related charges for juveniles and adults. Effective immediately, prosecutors are ordered to seek dismissal of any pending charges enumerated in the directive. In cases where there are multiple charges, ...
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By Amy Vasquez Amy Vasquez is chair of the New Jersey State Bar Association (NJSBA) Child Welfare Law Section and an NJSBA Trustee. Editor’s note: A version of this article appeared in In re Sarah , the Child Welfare Law Section newsletter. Read the full issue here (login required). Under N.J.S.A 30:4C-23, N.J.S.A. 9:3-38, N.J.S.A. 9:3-41(d), and N.J.A.C. 10:133J, “surrender” means the voluntary relinquishment of all parental rights. The Administrative Office of the Courts form to offer a voluntary termination in Court was last revised in 2019 and is titled “Voluntary Surrender of Parental Rights Form.” Language matters. A parent who is inclined to ...
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A Message from New Jersey State Bar Association President Kimberly A. Yonta, Esq. As the New Jersey State Bar Association celebrates Black History Month throughout February, we also commit to finding more ways to amplify and promote our Black colleagues throughout the year. This is part of our ongoing effort to examine anti-Black bias and search for ways to combat persistent systemic racism in our society and make lasting changes in our profession. Daryl Williams, chair of the Minorities in the Profession Section (MIPS) shared wise words about BHM: “It’s all year long, but we celebrate it in February, so we are going to celebrate it to its fullest. Hopefully ...
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New Jersey State Bar President President Kimberly A. Yonta is scheduled to virtually testify today before the governing body of the nation’s largest lawyers’ association in support of Resolution 10E, which would prohibit the disclosure of personally identifiable information of judges and their families. The American Bar Association  Mid-Year Meeting House of Delegates’ resolution comes seven months after the brutal attack at the home of U.S. District Court Judge Esther Salas that took the life of her son, Daniel Anderl, and critically wounded her husband, Mark. Before testifying, Yonta is expected to ask the delegates to observe a moment of silence to honor ...
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This is the first installment in a series. The webcast of “Tackling Virtual Jury Trials During COVID-19” will be available soon in the NJICLE on-demand library.   With the first of a two-phase rollout for virtual civil jury trials underway this month in several New Jersey counties—expanding to all counties on or after April 5—attorneys need to know how to remotely empanel a jury. While there are challenges to remotely picking a jury and to trying a virtual case, there are practices that can help set up an attorney for success, said Michael G. Donahue, a managing shareholder and civil trial attorney at Stark & Stark in Lawrenceville, who moderated the ...
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The state Supreme Court released a series of written comments on the 2019-2021 reports of six committees recommending amendments and non-rule administrative actions. The reports of the Complementary Dispute Resolution Committee; Criminal Practice Committee; Committee on Diversity, Inclusion, and Community Engagement; Committee on the Rules of Evidence; Family Practice Committee and Municipal Court Practice Committee are available for review and comments, which must be submitted by March 26. The New Jersey State Bar Association (NJSBA) will review the proposals and expects to submit comments. Complementary Dispute Resolution Committee Report The committee ...
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The NJSBA's CommunityNET is a great resource for section and committee members who ask practice questions, share information about products and services, and much more. You have the power to determine when messages are delivered, either immediately (Real Time) or once a day in digest form (Daily Digest). Customize your delivery in three steps. First login to njsba.com and visit CommunityNet. Go to My Profile then My Account. Choose Community Notifications and select Real Time or Daily Digest for each group you belong to.
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This is an edited excerpt from an article written by Mari Bryn Dowdy and Mailise Marks in the February 2021 edition of New Jersey Lawyer, a publication of the New Jersey State Bar Association. The rest of this article takes a detailed look at some of the labor cases and negotiations involving elite women athletes. Read about this and some of the other issues involving sports law in our special issue here (login required). Every professional league and sports organization in the United States has its own structure of compensation and benefits. While the level of pay varies from sport to sport, a common reality has arguably existed since the advent of ...
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In a sign of the times, New Jersey’s newest attorneys—the first in the state to take the bar exam remotely because of the pandemic—were sworn in at a virtual ceremony last week. Remarking on the challenges the attorneys face, leaders in the legal profession who addressed the 83 attorneys also delivered messages of support and optimism. In her address to the attorneys, New Jersey State Bar Association (NJSBA) President Kimberly A. Yonta said they will have the support and resources of the NJSBA as they embark on a career in law that will require them “to shoulder some significant responsibilities” and follow a “moral compass…fixed on values that guide you ...
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The New Jersey State Bar Association (NJSBA) joined others in urging the state Supreme Court to delay grand juries until they can be safely held in person. The plea came in the form of an amicus curiae filing in the matter of State v. Vega-Larregui , Docket No. 085288. The brief was written by NJSBA trustees Christopher J. Keating, of Keefe Law Firm, and Brian J. Neary, of Law Offices of Brian J. Neary. “The efforts made by the Judiciary to implement virtual proceedings in a wide array of court proceedings are commendable and have served to keep our judicial system moving throughout the pandemic,” the NJSBA said in its brief. “Virtual grand juries, however, ...
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The closest Anthony Gartmond came to creating art during his 25 years as an Essex County assistant prosecutor was doodling during meetings. So, it is no small feat that seven years into retirement, Gartmond has achieved a measure of success as an artist and that his work is being featured all month in a virtual art gallery on the New Jersey State Bar Association (NJSBA) website as part of the Minorities in the Profession Section Black History Month celebration on Feb. 25. To be sure, Gartmond’s talents did not come out of left field. He showed artistic promise in his youth, particularly in his pencil drawings, and was encouraged by teachers to keep at ...
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This article appeared in the Winter 2021 issue of the Young Lawyers Division newsletter, Dictum . Read the full issue here (login required).   By James A. Lewis V NJSBA trustee and co-chair of the Diversity Committee  As you take off the training wheels and are no longer properly described as a “new attorney,” the consideration of what comes next can be both exciting and overwhelming.  As a sprightly first-year associate, there appears to be plenty of guidance abound.  Work hard. Be adaptable. Be mindful of the billable hour. Volunteer and strengthen your relationships with clients, partners and colleagues through producing timely, impeccable work.  ...
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