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New Jersey Lawyer Magazine 2006

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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 2006/No. 243

Local Government


Table of Contents: President’s Perspective: The Day After Will be too Late by Wayne J. Positan; Message from the Special Editor by Lawrence R. Jones; The Ten Most Important Legal Issues Facing New Jersey Local Governments by William G. Dressel Jr.; You Can Fight City Hall if You Want to by Hon. Jonathan N. Harris; COAH’s Third Round Rules: Should Municipalities be Aware or Beware? by John F. Russo Jr.; The Radical Transformation of Municipal Government: The Faulkner Act and Options for Change by Kevin Starkey; Ethics: More Than Not Being Indicted by John M. Carbone; Local Pay-to-Play Restrictions: An Unconstitutional Impingement on first Amendment Rights? by Rebecca Moll Freed; A Guide to the Local Public Contract Law by Edward J. Buzak and Tiena M. Cofoni; New Jersey’s Redevelopment Process: Issues for Legal Consideration by Bill Matsikoudis; Not a Prayer: Local Disputes Over Religious Buildings by Stephen Eisdorfer; Municipalities and Brownfield-Contaminated Properties by Nielsen V. Lewis; Surviving the Public Meeting by John M. Carbone and Kimberly A. Baldwin; Public Employees with Disabilities: Municipalities and the Law Against Discrimination by Lawrence R. Jones; Legal Practice: Application of the Business Judgment Rule to Corporate Officers by Gianfranco A. Pietrafesa; Legal Commentary: The Right to Learn: The Core Issue by Harold J. Ruvoldt; Legal Writing: Top 10 Ways to Write a Bad Brief by Jane L. Istvan and Sarah Ricks; The Legal Arts: Kind Words Conquer by Paula A. Franzese


New Jersey Lawyer Magazine October 2006/No. 242

Homeowners Associations


Table of Contents: President’s Perspective: Protecting Our Troops and Ourselves by Wayne J. Positan; Message from the Special Editor by Richard L. Oller; Twin Rivers: Why the Appellate Division Got it Wrong by Barry S. Goodman; Twin Rivers: Why the Appellate Division Got it Right by Frank Askin; New Home Warrant and Common Interest Communities by Susan Bass Levin; The ABCs of ADR: Perspectives and Pointers by Michael S. Karpoff; Mixed Use Condominiums: Minimizing the Clash Between Residential and Nonresidential Uses by Eva M. Fatenko; The Regulation of Common Interest Communities by Christine F. Li; Community Association Financial Issues: From Developer/Sponsor Control Through Transition and Beyond by Edward I. Guttenplan and Gary B. Rosen; Legal Standards by Which Community Association Boards are Judged by Ronald L. Perl; Legal Practice: New Jersey’s New E-Discovery Rules: Similar to New Federal Rules by John J. Coughlin; Legal Marketing: Top 21  Secrets to Cementing Client Loyalty by Trey Ryder; The Legal Arts


New Jersey Lawyer Magazine August 2006/No. 241

International Law


Table of Contents: President’s Perspective: Foreign Lawyers and Multi-Jurisdictional Practice by Wayne J. Positan; Message from the Special Editor by Steven Richman; Enforcement of Foreign Judgments by Steven M. Richman; E-Discovery and Privilege: A Comparative Analysis by Todd J. Burke; Drafting Dispute Resolution Clauses in International Sales Agreements by James M. Klotz; Introduction to Franchising in the International Context by Genevieve K. LaRobardier and Kalman G. Magyar; Tax Structuring of U.S. Private Equity Investments in Foreign Companies by David Neuenhaus and Francis J. Helverson; U.S. Export Regulations: An Overview by Michael T. Stewart; The Supreme Court Invalidates Military Commissions Under International Law by Angela M. Scafuri; Legal Marketing: Showing Prospects How You Differ From Other Lawyers Puts You Miles Ahead of the Competition by Trey Ryder; Off the Beaten Path: Giving Your Client Quick Advice May Lead to a Claim of Spoliation by Paul G. Lewis


New Jersey Lawyer Magazine June 2006/No. 240

Business Law


Table of Contents: President’s Perspective: A Look at the Year Ahead by Wayne J. Positan; Message from the Special Editor by Gianfranco Pietrafesa; The Transactional Lawyer and the Art of Plate Spinning by Mark K. Lipton; Today’s Advice Avoids Tomorrow’s Legal Problems by Stuart L. Pachman; New Jersey Limited Liability Companies – Some Keys to Drafting Operating Agreements That Work by Ira B. Marcus and Denise Walsh; Valuation Issues in Shareholder and Operating Agreements: The Benefits of Using a Formula by Robert D. Frawley; Using the Equities to Set the Valuation Date in Oppressed Shareholder Actions by Eric I. Abraham; Planning for Generational Succession of a Family Business by Stephen r. Urbinato; One Lawyer Representing Multiple Clients Sitting on the Same Side of the Table by Gianfranco A. Pietrafesa; Legal Opinions in Commercial Loan Transactions by W. Raymond Felton; A Primer for Small-Cap Financing in the New Millennium: SPACs, PIPEs, Reverse Mergers and Spin-Offs by Jeffery A. Baumel; A Business Lawyer’s Guide to  Environmental Remediation Funding Sources by Steven J. Eisenstein; The Legality of Physician Price-Fixing in New Jersey by Patricia Kane Williams; The Inn of Transactional Counsel by Paul R. Murphy and H. Glenn Tucker; Practice Tips: How to Make Referring Clients Easy for Friends and Colleagues by Trey Ryder


New Jersey Lawyer Magazine April 2006/No. 239

Queer Eye for the Straight Lawyer


Table of Contents: President’s Perspective: Judicial Independence: A Critical Issue for the Bar and Bench by Stuart Hoberman; Message from the Special Editors by Margaret Goodzeit and Susan Storch; After the Ceremony: New Jersey’s Same-Sex Relationships Get a Hostile Reception by Daniel Weiss and Thomas Prol; Domestic Partners and the New State Probate Code by Stephen J. Hyland; Two Mommies or Two Daddies: Child Custody Issues for Gay and Lesbian Couples by Felice T. Londa; The State of Gay and Lesbian Adoption in New Jersey by Debra E. Guston and William S. Singer; A Primer to Transgender Legal Issues and Practice by Leslie A. Farber; Identifying LAD Claims for GLBT Clients by Kevin M. Costello; Case Notes: Appellate Division Imposes Workplace Harassment Standards on Schools by Vito A. Gagliardi Jr. and Kerri A. Wright; Off the Beaten Path: Appreciated Qualified Property Installment Sales: Improved and Ready for Action by Joseph A. DiGangi; Practice Tips: Defining Conflicts of Interest with Engagement Letters by Sarah M. Bricknell; Legal Practice: Basic Factors to Consider When Advising Clients in Choosing an LLC or a Corporation by Michael F. Schaff and Robert J. Chalfin; Legal Marketing: How to Make Your Marketing More Personal by Trey Ryder; Legislative Update: Identity Theft Tackled in Notification Statute by Elliot Ostrove; Legal Creativity: He by Lynn R. Cipriani


New Jersey Lawyer Magazine February 2006/No. 238

Professional Liability


Table of Contents: President’s Perspective: Serving the Needs of NJSBA Members by Stuart Hoberman; Message from the Special Editor by Susan Stryker; Conflicts of Interest: Do I Have On? If So, Can I Cure it? by David H. Dugan III, Contractually Narrowing the Duties and Liability of a Mail Drop Local Counsel by David A. Mazie and Ben-David Seligman; Closely Held Companies: How to Avoid a Prominent Conflict Problem by Thaddeus J. Huber III, When Attorneys are Subpoenaed: How to Safely Navigate the Evidentiary and Ethical Minefield by Karen Painter Randall and Michael P. Davis; Legal Malpractice and Poximate Causation: Whose Burden is it Anyway? by Marshall D. Bilder and Jason S. Feinstein; Lawyer, Protect Thyself by William W. Voorhees Jr.; Attorney Ethics and Liability: A Critical Relation by Kevin H. Michels and Kathryn A. Hockenjos; I Just Received a Letter from the District Ethics Committee (Gulp!). What Happens Next? by Mitchell A. Livingston; What All Lawyers Should Know About Discipline by the Office of Attorney Ethics; Practice Tips: Forensic Accounting in Matrimonial Cases: Analyzing Cash Flow and Hidden Income Issues by Lynne Broza