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New Jersey Lawyer Magazine

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New Jersey Lawyer Magazine is the Association's award-winning publication, delivered bimonthly to members.  Each issue focuses on a particular area of substantive law, showcasing informative articles by experts in the field.  While most of the authors and special editors are members of the Association, outside authors are occasionally tapped for contributions as well.  To advertise, contact Lynn Marie Ziobro at or Paula Portner at To submit an article for possible publication, contact Cheryl Baisden at

For copies of articles and issues of the New Jersey Lawyer Magazine, please contact Member Services at 732-249-5000.

New Jersey Lawyer Magazine No. 291/December 2014

Labor and Employment


Table of Contents: President’s Perspective: Lawyers Feeding New Jersey Shines a Spotlight on Generosity of Legal Profession by Paris P. Eliades; Message from the Special Editors by Francine Esposito and Brian R. Lehrer; Minute by Minute: Wage and Hour Litigation by Paul Rooney; Keeping it Real and Reasonable: Crafting and Defending a Post-employment Restrictive Covenant by Edward T. Kole and James E. Tonrey Jr.; A Primer on New Applicable Large Employer Report Requirements under the ACA by Kathy A. Lawler and Madeline Sexton Lewis; Arbitration Provisions in Individual Employment Contracts and Employee Handbooks by Dominick Bratti and Annemarie Terzano Greenan; There is Still No Such Thing as a Free Lunch: The Rise of Collective Action Claims for Wages by Unpaid Interns and Related Legislation by Randi W. Kochman and Jason R. Finkelstein; Commentary: Why Defendants in Employment Litigation are not  Entitled to Blanket Discovery of Plaintiffs’ Lifelong Healthcare and Personnel Records by Christopher P. Lenzo; Bullying in the Workplace by Susan L. Nardone and James J. La Rocca; Recent Developments in the New Jersey Law Against Discrimination by John P. Quirke and Amanda VanHoose; Reasonable Accommodation under the LAD: Let’s Talk by Maxine Neuhauser and Kiri Janko; Did I Blow the Right Whistle?: The Evolving Definition of a Whistleblower under New Jersey’s Conscientious Employee Protection Act (CEPA) by David B. Lichtenberg and David J. Treibman; Immigration Obligations for Employers and Professional Employer Organizations by Alka Bahal; Legalization of Marijuana Raises Significant Questions and Issues for Employers by Jay S. Becker and Saranne E. Weimer; Employers’ Ongoing Challenge: Managing Employees’ Social Media Use by Francine Esposito; Labor and Employment Law Implications of Finding Student Scholarship Athletes to be University Employees by David I. Rosen and Damon W. Silver; Drafting Enforceable Severance Agreements by Stefani C. Schwartz, Nicholas D. Bliablias and Jody T. Walker; NLRB Considering Policy Changes that Could Mean Grievance Arbitration is No Longer Final and Binding by Douglas S. Zucker; Accommodation of Religion in the Workplace by John Bowens; Workers’ Compensation Claims and Retaliatory Discharge by Lisa A. Lehrer; What’s in a Name?: U.S. Supreme Court Defines ‘Supervisor’ by Cynthia L. Flanagan and Brian R. Lehrer; Employers’ Liability for Internet Harassment after Montone by Lisa Manshel; Standards of Judicial Review under the Federal Arbitration Act: A Primer by Edward H. O’Hare; Safeguarding Mediation Settlements by Patrick R. Westerkamp; Disqualification for Severe Misconduct under New Jersey’s Unemployment Compensation Law by Charles E. Reuther


New Jersey Lawyer Magazine No. 290/October 2014
Business Law

Table of Contents: President’s Perspective: Lawyers Feeding New Jersey Fundraising Effort to Fight Crisis of Hunger by Paris P. Eliades; Message from the Special Editors by Senwar Akhtar and Michael Schaff; The New Jersey Revised Uniform Limited Liability Act: An Overview by W. Raymond Felton; Understanding the New Jersey Revised Uniform Limited Liability Company Act: Some Considerations for Drafting or Litigating an Operating Agreement by Stuart L. Pachman; The Duty of Loyalty under the New Jersey Revised Uniform Limited Liability Company Act by Gianfranco A. Pietrafesa; The Duty of Care, Exculpation and Indemnification under the New Jersey Revised Uniform Limited Liability Company Act-A Continuing Evolution by Daniel J. Sheridan and Justin D. Csik; The New Jersey Revised Uniform Limited Liability Company Act’s Oppression and Deadlock Remedy by Barry F. Gartenberg; Conversion and Domestication under the New Jersey Revised Uniform Limited Liability Company Act by Ira B. Marcus, Sean Aylward and Denise Walsh; Commentary: RULLCA Savings Clause Darkens the Fog of Standard Applicable to Business Litigation by Eric A. Inglis; Administrative Barriers to Entry into the State of New Jersey for Professional Medical Practices by Steven R. Antico and Alex C. Santee; Trade Secret Issues in the Era of Linkedin, Facebook and Blogs by Robert J. Rohrberger; Counseling Lincesors on the Steps They Can Take to Avoid Creating a Franchise Relationship by Michael F. Schaff and Lisa Gora; Fundamental Environmental Law for the New Jersey Business Lawyer by Joanne Vos; Legal Malpractice in Representing Businesses: What it is and How to Prevent it by Ben Kaplan and Fred Dennehy

New Jersey Lawyer Magazine No. 289/August 2014

Personal Injury Law


Table of Contents: President’s Perspective: The NJSBA is Making a Difference; Be a Part of It by Paris P. Eliades; Message from the Special Editors by Brian R. Lehrer and Reka Bala; Diffusion Tensor Imaging: Objective Proof of Traumatic Brain Injury by Bruce H. Stern; A Primer on Apportionment Law in New Jersey by David A. Mazie and David M. Estes; So You Think It’s Really Over? Survival Tips for Resolving the Personal Injury Case by Anthony J. Murgatroyd; ERISA Liens in Personal Injury Cases by Valerie A. Vladyka and Brian R. Lehrer; Balancing Act: Two New Cases About Discovery and Argument by Cynthia Matheke; Down with OPE (Other People’s Experts) by Lisa A. Lehrer; In the Wee Small Hours: A Legitimate Concept for Wrongful Death Economic Damages for On-Site On-Call Security Services by Tom Vesper, Frank Tinari and Robert Wolf; Aviation Law: The Montreal Convention Regulates Damages for the Death and Injury of Passengers in International Travel by Gerald Baker; Public Policy and Preemption Percolate in Asbestos Litigation by  Robert C. Neff Jr. and Andrew F. Bain; Scafidi – Where Do We Go From Here? by David M. Fried, Kelly M. Stoll and Abraham N. Milgraum; Nursing Home Litigation and New Jersey by Saul G. Gruber and Victoria Schall; The Qualification of  Experts in Medical Malpractice Cases after Nicholas v. Mynster by Abbott Brown and Jonathan Lomurro; Is Constructive Notice Under the Tort Claims Act on Life Support? by E. Drew Britcher and Jessica Choper; Premises Liability: Mode of Operation and Burden Shifting  by Brian R. Lehrer; Bystander Recovery: The Boundaries of Portee Claims by Walter F. Janneck


New Jersey Lawyer Magazine No. 288/June 2014

Table of Contents: President’s Perspective: In the Year Ahead, the NJSBA Will Focus on Key Issues Facing Legal Profession by Paris P. Eliades; Message from the Special Editors by Asaad K. Siddiqi and Susan Stryker; Antitrust Compliance Under the Affordable Care Act by Robert J. Donaher; Just What the Doctors Didn’t Order: The Recent Crusade Against New Jersey’s Medial Service Providers and Facilities by Michael S. Weinstein and Jason R. Finkelstein; An Overview of Guidance on Corporate Compliance and Social Media by Harry M. Baumgartner; FCC Further  Strengthens Its Restrictions on Telemarketing by Francis X. Riley III and Ryan L. DiClemente; Schools and Digital Education Technologies by Khizar A. Sheikh and Kimberly Goldberg; Law Firms as Business Associates – Is Your Firm HIPAA Compliant?: What Law Firms Need to Know About the New HIPAA/HITECH Omnibus Rule by Stephen C. Matthews and Heather B. Siegelheim; The Safeguards and Traps of the Affidavit of Merit Statute by Gene Markin; Navigating New Jersey’s Campaign Contribution Laws for Business Entities by Richard J. Van Wagner and Grace Strom Power; Adoption and Implementation of a Political Activity  Compliance Policy: Don’t Let Employees’ Individual Political Activities Put the Company at Risk by Rebecca Moll Freed and Harris S. Freier; International Business, Bribery, and Criminal Liability: Protection Through Corporate Compliance by Adalgiza A. Nunez; FCPA Compliance in the Healthcare Industry by Christopher A. Iacono; Effective Workplace Investigations: Simple Guidelines for  Employers to Consider by Susan L. Nardone and Mary Frances Palisano; Legal Commentary: Dissolution of New Jersey Civil Unions by Non-Resident Litigants: The Impossible Dream? by Ronald A. Graziano

New Jersey Lawyer Magazine No. 287/April 2014

Chancery Practice


Table of Contents: President’s Perspective: Association Vows to Continue Focus on Judicial Independence by Ralph J. Lamparello; Message from the Special Editors by James J. Ferrelli and Lisa J. Trembly; The Forthright Negotiator Principle: Low-Hanging Equitable Fruit That’s Ripe for Picking by John A. Stone; Injunction Practice in New Jersey State and Federal Courts: A Comparison and Contrast by Frederick W. Alworth, Jonathan S. Liss and Philip W. Lamparello; Helping Homeowners Pay Their Mortgages and Stay in Their Homes in Contested Foreclosure Cases by Margaret Lambe Jurow and Rebecca Schore; The Doctrine of Equitable Subrogation: Should Actual Knowledge Bar Its Application? by Russell M.  Finestein and Glenn Berman; The Applicability of Equitable Estoppel by Joel N. Kreizman; Ethics in Real Estate Litigation: The Lis Pendens as a Weapon of Mass Destruction by Steven M. Richman; The Use of Discovery Masters in General Equity Proceedings: A Cost-Effective Alternative in Complex Cases by Gregory A. Lomax; Special Fiscal Agents-Armed Peacekeepers by Thomas P. Scrivo, Alexandra V. Gallo and Andrew Gimigliano; Top 10 Best Practice Tips for Handling Cases in Chancery by Thomas P. Olivieri; The Mediation Process in the General Equity Division by Thomas W. Cavanagh Jr.; New Remedies for LLC Members: Oppression and  Fiduciary Duties Under the Revised Uniform Limited Liability Company Act by Andrea J. Sullivan and Steven B. Gladis; Updated Corporate Statutes Make New Jersey More Attractive to Business: An Analysis of the Recently Enacted Derivative Action Statute by Edward T. Kole and Risa M. Chalfin; The Business Judgment Rule: Partial Armor for Directors and Officers by Michael L. Rich; Exploring the Nooks and Crannies of Inevitable Disclosure Doctrine by Thomas A. Muccifori and Benjamin D. Morgan; Update on the Enforceability of Restrictive Covenants Against a Terminated Employee: Balancing Free Competition With Protection of Employers’ Legitimate Interests by James J. Ferrelli and John P. Kahn;  Chancery Practice Dot Com: Three Rules for Getting Immediate Results in the Chancery Division by Joseph A. Bahgat


New Jersey Lawyer Magazine No. 286/February 2014
Civil Rights

Table of Contents: President’s Perspective: Chief Justice Rabner Has Led Admirably; Deserves Reappointment by Ralph J. Lamparello; Message from the Special Editors: Of Time and Civil Rights by Angela Foster and Raymond M. Brown; Expanding Voter Participation in New Jersey b Frank Askin; Maryland v. King: Has Mandatory DNA Testing Been Resolved? by Angela Foster; Commentary: Privacy as a Right or an Anachronism by William H. Buckman; Legal and Policy Issues Impacting Pay Equity by Andree Peart Laney; Answering the Diversity Mandate: Overcoming Implicit Bias and Racial Anxiety by Rachel D. Godsil; Civil Rights Attorney’s Fees: Qualifying as a Prevailing Party Offers No Guarantees by Darren M. Gelber; Historical Perspective: The Civil Rights Movement’s Early Embrace of Human Rights by Raymond M. Brown; A Child’s Civil Right to a Thorough and Efficient Education by Julio C. Gomez