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New Jersey Lawyer Magazine 2007

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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 2007/No. 240

Balancing the Scales


Table of Contents: President’s Perspective: A Resolution for the New Year by Lynn Fontaine Newsome; Message from the Special Editors by Mitchell Cobert and Susan Storch; Saturdays in Motion by Arthur L. Raynes; The Triangle of Life: A Speech to Newly Admitted Attorneys by Hon. John W. Bissell; Balancing the Law: A Novel Approach by Sal DeStefano; When Tragedy Strikes: How One Attorney Created Joy Where There Once Was Only Sorrow by Susan Storch; In the Arena: Litigating for the ACLU-NJ by Gary D. Nissenbaum; Hitting the Wall and Hanging My Shingle by Scott D. Grossman; Free to Fudge the Facts by Ken Isaacson; From Justice to Laughter by Shaun Eli Breidbart; Three Careers and Counting by Roger Lowenstein; Capturing the Moment: Photography Survives a Career in Law by Terence W. Camp; The Good Lawyer: Finding Meaning Through Service by Paula A. Franzese; Me and My Wurlitzer by Virginia Drick Messing; Lawyers Assistance Program Lends a Helping Hand by William John Kane; Legislative Corner; The Nine Principles of Carnegie by Valerie Brown; Law Office Management: Internal Controls: Who’s Minding Your Store? by Timothy O’Connell


New Jersey Lawyer Magazine October 2007/No. 248

Homeland Security


Table of Contents: President’s Perspective: Working Together to Maintain a Strong Court System by Lynn Fontaine Newsome; Message from the Special Editors by Susan Storch and Lawrence R. Jones; Private Sector Homeland Security Preparedness: Pay Now or Pay (More) Later by John J. Farmer Jr. and John A. Azzarello; Securing the Homeland: Does Immigration Law Make Us More Secure? by Gwendolyn M. Robosson; Is the United States Safer From a Terrorist Attack Today Than Before Sept. 11: An Interview With Michael Chertoff, U.s. Department of Homeland Security Secretary, and Gus Coldebella, Acting DHS General Counsel; Is New Jersey Prepared for Disaster? An Interview with Richard Canas, Director of the New Jersey Office of Homeland Security and Preparedness; Chemical Security: Recent Regulations and the Impact on the Private Sector by Joe D. Whitley and George A. Koenig; Critical Infrastructure Protection and Emergency Preparedness: Environmental Law Considerations by Zulima V. Farber and Khizar A. Sheikh; Port Security: New Jersey and the World by Marjorie C. Holmes and James A. Kosch; Security Technology and Biometrics: One Attorney’s View by Peter W. Laberee; Legal Commentary: The Clock is Ticking: Why the Courts or the Legislature Should Prohibit Adverse Possession and Easement by Prescription Claims in Municipal Land by Andrew T. Fede; Off the Beaten Path: Second-Guessing Management: The Board Autonomy Budget by Gwendolyn Yvonne Alexis;


New Jersey Lawyer Magazine August 2007/No. 247



Table of Contents: President’s Perspective: Standing Up for Our Members by Lynn Fontaine Newsome; Message from the Special Editors by Kevin J. O’Connor and Richard A. West Jr.; A Magistrate Judge’s Perspective on Electronic Discovery: An Interview With Ronald J. Hedges; The Nuts and bolts of Electronic Discovery – Technology Issues You Need to Know by Carmen Oveissi Field; Ethics and Professionalism in e-Discovery by Alan Blakley; Private-Sector Employees and Workplace Privacy in the Electronic Era by Gregory T. Alvarez and Jason E. Ruff; E-Discovery Under New Jersey Court Rules by Matthew W. Bauer and Ilona I. Korzha; Practice Tips: Cool Technology Tips for Hot Lawyers by Sharon D. Nelson and John W. Simek; Legal Commentary: Eminent Domain Abuse: Now Your Land Can Be Taken for..Nothing by William L. Kuzmin; Case Update: The Lessons of Ledbetter: United States Supreme Court Significantly Limits Pay Discrimination Claims by Stacey D. Adams


New Jersey Lawyer Magazine June 2007/No. 246

Military Law


Table of Contents: President’s Perspective: A Call for Recruits by Lynn Fontaine Newsome; Message from the Special Editor by Lawrence R. Jones; Commentary on the Federal Side: How Congress has Assisted the Nation’s Military Personnel by Congressman Christopher Smith; Commentary on the State Side: Recent Developments in the New Jersey Legislature in Support of Our Armed Forces by Assemblyman Jack Conners; Offering Military Legal Assistance to the New Jersey Reservist: The State Bar Association Response by William S. Greenberg; Courts Martial: Process and Procedure by Michael Waddington; Getting Fired by the Military (and What You Can do About it) by David P. Price; What to do When Employees Return From Active Military Duty by Helen E. Tuttle; Avoiding the Minefield in Judicial Review of Military Personnel Actions: Exhausting Administrative Remedies by John A. Wickham; Child Removal and Abduction in Military Families by Mark S. Guralnick; Military Medical Malpractice Rights and Remedies by Howard S. Richman; Service of Process and Default in Military Cases by Brian D. Winters and Amy B. Hansel; Charges in Military Disability Benefits and Their Impact on Divorce by Rodney Troyan; Debating the Ban: The Past, Present and Future of Don’t Ask, Don’t Tell by Emily B. Hecht; To Report or Not to Report: Advice to the Reluctant Ready Reservist Called to Involuntary Active Duty by David F. Bauman; Is Military Justice Just? by Col. James B. Smith; How to Assist the Deploying Military and Their Family by Michael Tier; Veterans’ Benefits Upon Separation From Service by Charles E. Reuther; Case Update: From Playground to Plaintiff: N.J. Supreme Court Permits Action Against Schools for Student-on-Student Harassment by Russell J. McEwan and Michael T. Grosso;


New Jersey Lawyer Magazine April 2007/No. 245

Patient Rights


Table of Contents: President’s Perspective: It Was A Very Good Year by Wayne J. Positan; Message from the Special Editors by Marilyn Askin and Michael F. Schaff; Keeping a Lid on Pandora’s Box: Strategies for Protecting Genetic Privacy by Jane Massey Licata; Managing Conflicts of Interest Human Subject Research by Gary J. Lesneski; Psychiatric Advance Directives: A Summary and Analysis of the New Jersey Advance Directives for Mental Healthcare Act by Terri Roth Reicher; Effective Discovery and Use of Mental Health Records: Statutory, Regulatory and Strategic Considerations by Christopher R. Barbrack; The Increasing Use of Arbitration and Mediation in Adjudicating Healthcare Cases by Katherine Benesch; The Impact of the Community Healthcare Assets Protection Act Upon Consumers’ Rights by Michael J. Barrett; Nursing Home Admission Agreements: A Review of Key Provisions to Protect Residents and Family Members by Jerold E. Rothkoff; Legal Commentary: Mediation Isn’t a Band-Aid for Poor Lawyering by Jay A. Gilbertz; Legal Practice: A Modification to the Standard Governing Motions to Dismiss Under Rule 4:6-2(e) by Gianfranco A. Pietrafesa; Practice Tips: Reconnecting With Your Existing Network by Susan R. Sneider; E-Practice: Practical Responses to the New Federal Rules on E-discovery by Steven C. Bennett; The Legal Arts: Reflections by Sheldon F. Margolis


New Jersey Lawyer Magazine February 2007/No. 244

Health Law


Table of Contents: President’s Perspective: The Day After Will be Too Late by Wayne J. Positan; Message From the Special Editor by Michael F. Schaff; Deficit Reduction Act Heightens Corporate Compliance Requirements for Medicaid Providers by Andrew W. Blustein and Stacey L. Gulick; It Pays to Practice: A Look at Pay for Performance by Lani M. Dornfeld and Jenny Carroll; Analysis: Do the Thompson and McNulty Memoranda Turn Corporate Counsel into Potted Plants? By Alice J. Guttler, Nicholas C. Harbist and Jason W. Norris; Litigation of Hospital Medical Staff Matters by Robert J. Conroy and Manasa Gopal; Insurance Fraud Litigation Reaches New Heights by Keith J. Roberts: Hey, What About Me? Non-Participating Healthcare Providers’ Ability to Sue Health Insurance Companies Regarding Payment of Claims by David M. Hyman, Daniel A. Schwartz and Nicole F. DiMaria; Understanding, Forecasting and Challenging Penalties Issued by the Board of Medical Examiners by Alma Saravia and John Zen Jackson; Government and Internal Investigations: Special issues for Healthcare Providers by Mark S. Olinsky, Jack Wenik and William R. Horwitz; New Jersey and Charity Care, Imperfect Together: An Overview of the Issues by Hal Moeller; Economic Credentialing: Hospitals and Physicians at the Crossroads by Richard J. Webb; The End of the Specialty Hospital Moratorium: How Hospitals Can Prepare for Changes by Stephen A. Timoni and Kaylynn S. Yoon