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New Jersey Lawyer Magazine 2008

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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 2008/No. 255

Internet Law


Table of Contents: President’s Perspective: Making the Most of Your Membership Includes Online Access by Peggy Sheahan Knee; Message from the Special Editors by Michael Schaff and Brett R. Harris; Anti-Forensics: What it is, What it Does and Why You Need to Know by Darrin J. Behr; Employment Law Counseling in the Age of E-Discovery: Understanding the Importance of Computer Use and Document Retention Policies by Russell J. McEwan and Frank A. Custode; Eight Significant Points in Technology Outsourcing and Remote Hosting Contracts by Michael J. Dunne; A Sundae’s Worth of Sweetest Free Samples: Internet Domain Name Tasting and Domain Name Kiting by Christiane Schuman Campbell; Tag, You’re It; Metatags – Crafting Marketing Strategy or Violation of Trademark Law? by Florina A. Moldovan; No Man is an Island, Not Even in a  Virtual World by Leonard T. Nuara and Daniel  A. Feuerstein; For the Good of the Game: Real World Litigation About Virtual Conduct by Peter J. Pizzi; Are Landlords Liable for Online Infringement by Tenants? by Noel D. Humphreys; How to Protect Yourself From the Actions of Others: User-Generated Content and Safe Harbors of the DMCA and DCA by Jeffrey  C. Neu; Internet Safety: Legislative Initiatives for Our Protection by Jane M. Coviello; Avoiding Online Identity Theft and Representing its Victims by Richard L. Ravin; Cybercrimes: File-sharing Programs Violating Copyright and Child Pornography Distribution Laws by Darren Gelber; Internet Update: Milestone Changes to the Domain Name System Underway by Brett R. Harris; Off the Beaten Path: Home Improvements – The Nuts and Bolts of Contractor Fraud by John F. Russo Jr.; Law Office Management: Maximizing Your Green – Compensating for Reduced Profits in a Difficult Economic Climate by Tim O’Connell; Balancing the Scales: Writing the Book(s) on Collecting by Stuart Schneider;


New Jersey Lawyer Magazine October 2008/No. 254



Table of Contents: President’s Perspective: Maintaining your Noble Profession by Peggy Sheahan Knee; Message from the Special Editor by Robert J. Olejar; Securities Fraud and the Elderly by Mitchell H. Cobert; Will Contests: Litigating Fraud and Undue Influence by Lawrence R. Jones; Fraud and Pre-Judgment Attachment Remedies by Steven M. Richman; Recovering from Identity Theft: A Case Study by Darren M. Gelber; Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act: The Origins of the Licensed Professionals Doctrine by Paul DePetris; Federal Honest Services Mail Fraud: The Defining Role of the State by Jack D. Arseneault and Joshua C. Gillette; Fraud in Family Court: An Analysis of Equitable Relief by Amy Sara Cores; Responding Ethically to Client Fraud by David H. Dugan III; If It Sounds too Good to be True: Identifying and Avoiding Common Mortgage Fraud Scams by Michael O’Donnell and Katherine Planer; The Basics of Insurance Fraud by John M. Bowens, Brian R. Lehrer and Cynthia L. Sladecek; Recovering Losses from Fraud: Options and Realities by Frederick E. Curry III and Brian Midkiff; Off the Beaten Path: Telephonic and Email Communications and the Open Public Meeting Act by Andrew T. Fede; Balancing the Scales: Practices Makes Perfect…or at Least Keeps You Busy by Joe Parlapiano;


New Jersey Lawyer Magazine August 2008/No. 253

Election Law


Table of Contents: President’s Perspective: Time to Revive the General Council by Peggy Sheahan Knee; Message from the Special Editor by Marilyn Askin; An Unpublicized Scandal: New Jersey’s Non-Competitive Congressional Districts by Gary S. Stein; Giving New Jersey’s Minor Political Parties a Chance: Permitting Alternative Voting Systems in Local Elections by Renee Steinhagen; Clean Elections: The Future of Public Financing in New Jersey by Bill Baroni and Linda Greenstein; Pay to Play: Big Money, Politics, and the Vote by Diana H. Jeffrey; Laws Governing Voting Machines Need to be Updated to Reflect the State’s Exclusive Reliance on Voting Computers by Penny M. Venetis; The Past, the Future, and the Way Back to Verifiable Elections by Michelle Mulder; A View from the Trenches: Telling it to the Judge on Election Day by Frank Askin; Title 19 and the Post-Election Environment by Angelo J. Genova and Peter J. Cammarano III; Compliance with the Motor Voter Law in New Jersey by Ronald K. Chen and Alexander Gladney; What Every Lawyer Should Know About ELEC by Gregory E. Nagy; Help America Vote Act of 2002 by Donna Kelly; Enhancing Voter Participation by Nina Mitchell Wells; Professionalism in the Law: Forget the Lawyer Jokes – New Jersey Needs Your Skills and Leadership by Rayman L.  Soloman and Charles J. Hollenbeck; Off the Beaten Path: To Train or Not to Train? Discrimination and Harassment Awareness Training for the Workforce by Russell J. McEwan and Margo Eberlein; Focus on: Annual Meeting 2008


New Jersey Lawyer Magazine June 2008/No. 252

Discrimination Issues


Table of Contents: President’s Perspective: Fighting the Good Fight by Peggy Sheahan Knee; Message from the Special Editors by Susan Borowski Storch and Brian R. Lehrer; Flying Above Discrimination: Civil Rights Issues Impacting the Airline Industry by Stephanie Wilson, Ravi Sattiraju and E. David Krulewicz; Employers Beware: Pitfalls and Promise of Electronic Information in Employment Litigation by Gregory B. Reilly and Katy Shi-Klepper; NLRB: An Employer May Restrict a Union’s Use of its Email System by David W. Garland and William R. Horwitz; What’s in a Name? Recent Analysis of the Independent Contractor Designation Under CEPA and NJLAD by David B. Lichtenberg and James J. LaRocca; Children and Discrimination: Can a Private Elementary School Refuse Admission Based on Disability? by Lawrence R. Jones; The Conflict Between State-Sponsored Immigration Laws and Federally Mandated Anti-Discrimination Provisions by Jonathan C. Adams and Justin A. Rymer; What You Need to Know to Protect Your Business From Claims of Discrimination Based on Immigration Status by Beth Hinsdale-Piller, Alka Bahal and Beatrice S. Caplan; It’s No Fun Being an Illegal Alien: Treatment of Undocumented Workers in the Workplace by Vito A. Gagliardi Jr. and Damian Christian Shammas; Legal Commentary: An Extreme Burden on Plaintiffs: Misreading of Lehmann Threatens Hostile Work Environment Law by Richard M. Schall and Patricia A. Barasch; Off The Beaten Path: The Crime Victims’ Rights Act: How to Make the New Victims’ Rights Legislation With Teeth More Than Just Food for Thought by Nicholas C. Harbist and Dina L. Relles; Legal Marketing: Is Your Marketing Program on Target? by Trey Ryder; Legislative Corner: Fighting to Reduce the Statute of Limitations for Legal Malpractice by Valerie Brown


New Jersey Lawyer Magazine April 2008/No. 251

Right to Privacy


Table of Contents: President’s Perspective: Improving the Legal Life by Lynn Fontaine Newsome; Message from the Special Editor by Lawrence R. Jones; The Prosser Privacy Torts in a Digital Age by Scott Jon Shagin; Using Public Wi-Fi Hotspots Can Land You In Hot Water by Risking disclosure of Confidential Information by Richard L. Ravin; Wrongful Posting on the Internet by Gary D. Nissenbaum and laura J. Freedman; The Fourth Amendment and the Emergence of Technology by Alan L. Zegas; Public Access and Family Law: The Unanticipated Exposure of Affairs, Both Financial and Otherwise by Mark H. Sobel; Greta Garbo Hates OPRA by John Carbone; Minding Your Business: Is Your Life After Work Really Private? by Maureen Binetti; Student Privacy in the Special Education Context by S. Paul Prior; Anti-Money Laundering v. the Right to Privacy by Robert J. Olejar; How Private is the Attorney-Client Relationship? by James Hely; Privacy v. Security? It’s Really Liberty v. Control by Grayson Barber; Legislative Corner: Privacy Rights of Birth Parents and Interests of Adult Adoptees: A Thorny Issue by Valerie Brown; Law Office Management: Offering Packages – When Presentation Counts by Doreen Marino;


New Jersey Lawyer Magazine February 2008/No. 250

Business Litigation


Table of Contents: President’s Perspective: The Bar Must Reflect the Society it Serves by Lynn Fontaine Newsome; Message from the Special Editors by James J. Ferrelli and Gianfranco A. Pietrafesa; Tortious Interference Between Competitors in New Jersey by John C. Maloney Jr. and Donald A. Soutar; The Murky World of Tortious Interference: What are the Rules of the Game? by Robert B. Gigl Jr.; The Strange Defense of Reverse Engineerability in Trade Secret Cases, and Gaps in the Law of Unfair Competition by Jonathan J. Lerner, Nichols Stevens and Richard T. Welch; The Emergence of a Nominative Fair Use Defense to Unfair Competition in the Third Circuit by Martin W. Aron, Mary L. Moore and Matthew Batastini; Misappropriation of Ideas by Christine Baker; Enforceability of Oral Agreements and Partial Writings for the Sale of Land Under the Revised Statute of Frauds by Steven J. Eisenstein and Kevin J. O’Connor; The Subprime Meltdown and its arrival in the Courtroom by Todd M. Galante and Antonio Gutierrez; Consumer Fraud Act Claims in Business Litigation: A Primer on Who May Sue Whom by James J. Ferrelli; An Analysis of Causation Under the Home Improvement Law by Jean Sih Lidon and Patrick D. Tobia; Focusing on Damages in Commercial Litigation by Steven M. Richman; Forensic Accountants in Business Litigation by Robert J. Olejar; No Adequate Remedy at Law: The Devil’s in the Adequacy by Robert J. Feinberg and Kelly D. Gunther; Bankruptcy in the 21st Century and the Vendor/Creditor by David N. Ravin and Michael D’Aries; Don’t Go Blindly into that Law Blog by Christine D. Petruzzell; Law Office  Management: Can’t Really Miss…With Law Firm CRM by Edward Miller; Case Update: Defining Government’s Role in Public Contracting by Lori Grifa and Melissa Salimbene; Legislative Corner: Focus on Business Litigation by Valerie Brown