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New Jersey Lawyer Magazine 2002

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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 December 2002/No. 218

Doing a Corporate Deal


Table of Contents: President’s Perspective: All Benefit From a Vigilante Bar by Richard J. Badolato; Message from the Special Editors by Gianfranco A. Pietrafesa and Mark K. Lipton; Structuring the Transaction When the Tax Advisors Leave the Room by Peter H. Ehrenberg; Federal Income Tax Issues on the Sale of a Corporation by Paul R. Murphy and Matthew A. Rogers; The Importance of Confidentiality Agreements and Letters of Intent by Gianfranco A. Pietrafesa; The Essential Terms of the Definitive Purchase and Sale Agreement by Robert J. Minion; Facing the Environmental Demons Before the Deal Closes by Keith E. Lynott and J. Forrest Jones; Securities Law Aspects of Business Combinations and Acquisitions by John a. Aiello and Philip D. Forlenza; Safeguarding the Buyer’s Post-Closing Claims for Indemnification by Philip L. Chapman; Due Diligence – The Crucible by Robert D. Frawley; Legal Opinions in Merger and Acquisition Transactions by W. Raymond Felton III; Financing the Acquisition – A Guide for Buyer’s Counsel by Stuart A. Hoberman and Brett R. Harris; Ethics: Winning at Any Cost Isn’t Winning by Alan G. Greer; Legal Practice: How to Win at Mediation by Robert E. Margulies; Legal Creativity: When We Could Sit on Clouds by Cheryl Baisden


New Jersey Lawyer Magazine October 2002/No. 217

Construction and Public Contract Law


Table of Contents: President’s Perspective: Community Building by Richard J. Badolato; Message from the Special Editors by James J. Ferrelli and Richard H. Steen; How Construction Contracts Cause Litigation by Robert C. Epstein; The Implied Covenant of Good Faith and Fair Dealing: Law at the “Edge of Chaos” by Michael F. McKenna; Construction Industry ADR – Setting the Standard by Richard H. Steen; Bidding on Public Construction Contracts by Michael S. Simon and Dakota W. Byfield; A $12 Billon Dollar School Construction Boom: The Cost of Free Money by Leslie Jeddis Lang; False Claims Liability for  Construction Contractors: Severe Penalties for Imperfect Performance by Patrick J. Greene Jr. and Frank A. Hess; Residential Construction Law by James H. Landgraf; Protecting Lien Rights for Tenancy Improvements by Steven Cohen; Did you Say $30 Million Dollars? by Dennis A. Estis; Ethics: Billing: Our Profession’s Not So Hidden Shame by Alan G. Greer; Off the Beaten Path: Applying Revenue Ruling 59-60 by Leo J. Zatta; Marketing: The 11 Steps to Building a Powerful Website by Trey Ryder


New Jersey Lawyer Magazine August 2002/No 216

Collection Law


Table of Contents: President’s Perspective: Struggling with the Loss of a Great Man by Richard J. Badolato; Message from the Special Editor by Steven Richman; Basic Considerations for Collecting Money In New Jersey by William H. Brosha and Josef G. Saloman; How to Protect Your Judgment in Bankruptcy by Mark K. Smith; Does the Corporate Shield Protect the Corporate Officer From Personal Liability? Yes, No and Maybe by Stuart L. Pachman; Post-Judgment Activities by Michael J. Conlan; Ethical Considerations in Collection Activity and Creditor Representation by F. Clifford Gibbons; Dealing with Foreign Judgments by Steven M. Richman; Quality of Life: Using Meditation Processes to Enhance the Practice of Law by Dennis M. Warren; Off the Beaten Path: A Primer on Child Labor Torts by Ronald B. Grayzel; A Case in Point: What Hath Palazzolo Wrought? by Janet S. Kole; New Jersey Practice: Preserving Disability Benefits When Settling Personal Injury, Divorce and Worker Compensation Claims by Lawrence A. Friedman; Legal Creativity: Listen by Jeanne Andrea DiGrazio


New Jersey Lawyer Magazine June 2002/No. 215  

Class Actions


Table of Contents: President’s Perspective: A Closer Look at Class Actions by Richard J. Badolato; Message from the Special Editor by Lawrence R. Jones; Class Action Legislation: A View From the U.S. Senate by Robert Torricelli; The Ethics of Pre-Suit Solicitation: The Question is Not Whether, But How by Thomas J. Vesper; Screening Potential Cases Involving Mass Torts or Class Actions: The Connection Between Causation and  Damages by Brian d. Drazin; The Pitfalls of Commonality, Predominance and Class Action Mass Tort Cases by Robert R. Levinson; Class Actions Against Insurance Companies for Bad Faith by Gerald H. Baker; Class Actions in Employment Cases by Nancy Steadman Martin; Multi-Plaintiff Toxic Tort Litigation: Mass Action v. Class Action by Norman M. Hobbie and Jacqueline DeCarlo; Final Word by Gary Shapiro; Professionalism: The Promise of Our Craft by Paula A. Franzese; Diversity: Understanding Diversity in the Face of Affirmative Action : My View by Katrina F. Wright; Legal Creativity: Counselor Zachter by Morton Zachter


New Jersey Lawyer Magazine April 2002/No. 214  

Elder Law


Table of Contents: President’s Perspective: Wrongful Death: A Balanced Approach to a Difficult Issue by Daniel M. Waldman; Message from the Special Editor by Marilyn Askin; Be an Advocate by Robert F. Brogan; Litigating Nursing Home Abuse and Neglect Cases by Jerold E. Rothkoff; Grandparents’ Rights and Responsibilities by Susan L. Goldring; Section 529 Plans Make the Grade: Tax Breaks for Education Savings by Cynthia Sharp Myers; Advising Clients How to Pay for Home Care and Assisted Living Services in New Jersey by Nancy M. Rice; Medicaid Estate Liens and your Chance to Avoid Them by Dana E. Bookbinder; Transfer Tax Planning for Incapacitated Persons by Guardians by Gary Mazart and Shirley B. Whitenack; Ethics: One-Way Streets: Making a Case for Civility by Alan G. Greer; Law Office Management: Marketing: The Life Blood of the Law Firm by Thomas D. Begley Jr.; New Jersey  Practice: Dissolving a Corporation in New Jersey by Gianfranco a. Pietrafesa; Professionalism: Responding to the Devastation and Tears


New Jersey Lawyer Magazine February 2002/No. 213  

Privacy in New Jersey


Table of Contents: President’s Perspective: Sunshine on the Filing Cabinets: Wider Access to Public Records Will Benefit the Public and the Bar by Daniel M. Waldman; Message from the Special Editor by Grayson Barber; Anonymous Online Speech: New Jersey’s First Amendment Privacy Interest by Richard L. Ravin and Van V. Mejia; Privacy and the New Jersey State Constitution by Grayson Barber; Privacy in the Workplace by Russell J. McEwan and David Fish; Uneven Ground: Children’s Privacy Rights in New Jersey by Jason Mark Anderman; Big Brother in the Public Library by Lynn F. Miller; The Challenges of Responding to Internet Vandalism by J.D. Abolins; Privacy in the Courts v. The Public Right to Know by Martin L. Haines; The Need for Reasonable Policies: Electronic Monitoring in the Workplace by Jeremy E. Gruber and Lewis Maltby; Legal Practice: Eleven Ways to Turn Your Fee and Billing Policies into a Competitive Advantage by Trey Ryder; New Jersey Practice: Dealing with Public Relations Concerns in Products Liability and Toxic Tort Litigation by Michael Dore and Rosemary Ramsay; Off the Beaten Path: Playing the Odds: When Copyright Law Jumps the Database Steeplechase by Jonathan Cohen and Steven Richman; Legal Creativity: A Image of a Girl by Jeanne Andrea DiGrazio