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New Jersey Lawyer Magazine 2009

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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 2009/No.261

Landlord and Tenant Rights


Table of Contents: President’s Perspective: Is History About to Repeat Itself? by Allen A. Etish; Message from the Special Editors by Brian R. Lehrer and James J. Ferrelli; Avoiding Pitfalls in Tenant Work Letters by Stephen A. Urban; Landlord Consents: Reasonableness, Good Faith and Remedies by Lori Mayer; The Jolly Green Giant is Her to Stay: Leasing Sustainable Buildings by David S. Gordon; Risk Allocation and Insurance in Real Estate Transactions: An Overview Regarding Sometimes Incompatible Bedfellows by David S. Gordon; Legal Issues Do Not End With Commercial Lease Execution: Clauses Controlling Post-Execution Issues Deserve Special Attention During Negotiations by Gordon J. Golum; When Your Retail Tenant Wants a Rent Reduction by David R. Augustin; The Covenant of Good Faith and Fair Dealing in Commercial Leases by Charles E. Reuther; Motions to Transfer Eviction Actions by Gary K. Wolinetz; Security Deposits: The ABCs of the SDA by Brian R. Lehrer; Bench Brief: Broker Commissions – No Rule Against Perpetuity? by Brian A. Mills; Title III of the ADA: A Primer for Business Owners and Employers by Brett M. Anders and Kristin A. LaRosa; Law Office Management: Pandemic Preparations for Law Firms by Robbin Dolan; Legal Practice: Ethical Issues in Outsourcing Document Review by Alan Blakley


New Jersey Lawyer Magazine October 2009/No. 260

Big Brother


Table of Contents: President’s Perspective: Big Brother and the Attorney-Client Privilege by Allen A. Etish; Message from the Special Editors by Angela Foster and Mitchell Cobert; The Problem of the ‘State Secrets’ Privilege by  Frank Corrado; The Employer as Big Brother: Are Text Messages and Emails Private? by Maureen S. Binetti; Privacy in the Public Library by Lynn F. Miller; CourtSmart and the Advent of Digital Recording of Proceedings in State Courts: An Interview with Jeffrey A. Newman by James J. Ferrelli; Artistic Expression in the Post-Sept. 11 World: A Snapshot of First Amendment Rights of Photographers by Steven M. Richman; Facebook At Your Own Risk: The Dark Side of Social Networking Websites by Scott Jon Shagin and Paula Shagin; Receiving Classified Information: Government Secrecy and the Litigation Process by Neelam K. Singh and Gary D. Nissenbaum; A General Counsel’s Primer on Handling Receipt of a National Security Letter by Susan Borowski Storch; Food for Thought: Coming Soon: The Thought Police by Alan L. Zegas; Point: Three Myths of Public Video Surveillance by Grayson Barber; Counterpoint: Public Surveillance in Practice by Angela Foster; Off the Beaten Path: Should New Jersey’s Minority Oppression Statute Apply to Foreign Corporations? by Vincent E. Gentile; Attorney Ethics: Can You Ethically Advise Your Clients to Secretly Record Communications? by Matthew Stoloff; Focus on Finance: Tax Complications of Bankruptcies in Difficult Economic Times by David A. Rothschild; Law Office Management: It’s Time to Let Go by Doreen Marino; Balancing the Scales: Out of the Fire of Litigation by Jim Prusinowksi


New Jersey Lawyer Magazine August 2009/No. 259

Child Custody


Table of Contents: President’s Perspective: In Support of and Independent Judiciary by Allen A. Etish; Message from the Special Editor by Lawrence R. Jones; Custody Litigation: A Judicial Perspective by Stephan C. Hansbury; Key Rules of Evidence in Custody Trials by John F. DeBartolo; Pendente Lite Custody Litigation: Practice Tips by Mark Gruber; Arbitration of Child Custody Disputes: A New Era in New Jersey Family Law by Lawrence R. Jones: Custody to Non-Parents: An Overview of the Law and Procedures by Peter C. Paras and Michael J. Fleres; Sole Custody: Does it Still Exist? by Ivette Alvarez; The Impact of Marital Fault on Custody Proceedings by Allison C. Williams and Andrea White O’Brien; Child Custody Litigation and Domestic Violence by Mark S. Guralnick; Removal Litigation: Does Baures or O’Connor Apply? by John E. Finnerty; The UCCJEA: Where Are We On the Eve of the Fifth Anniversary? by Amy Sara Cores; Custody and Religion: Are Church and State Separate in New Jersey Family Court? by Heather C. Keith; How Parenting Schedules Affect Child Support by Alan J. Cornbaltt; Same-Sex Custody Rights in New Jersey by Rick McKelvey; Critical Meta-Psychological Issues in Custody Visitation/Parenting Time by Mark White; The Role of Guardian Ad Litem in New Jersey Custody Litigation by Joni Jones; What’s in a Child’s Name? The Interplay of Custody Law and Name Changes for Children by Charles F. Vuotto Jr. and Lisa Steirman Harvey; Grandparent Visitation Rights Under N.J.S.A. 9:2-7.1 By John P. Paone Jr. and Megan S. Murray;   Commentary: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases by Curtis J. Romanowski; Focus On:  Annual Meeting 2009


New Jersey Lawyer Magazine June 2009/No. 258

Intellectual Property


Table of Contents: President’s Perspective: Like A Rolling Stone by Allen A. Etish; Message from the Special Editor by Angela Foster; Making IP Costs During an Economic Downturn by Peter Tu; Let the Cat out of the Bag: Why IP Diligence Matters in Tech-Heavy Deals by Matthew B. Zisk; The Treatment of Intellectual Property in Divorce by Jonathan W. Wolfe and Kimber L. Gallo; Litigation in New Jersey Under the New Local Patent Rules by Jerome B. Simandle; Federal Rule of Evidence 502: The Intersection of Privilege With Intellectual Property Litigation by Ronald J. Hedges; Copyright Laws 10 Years later – Downloading Music by Donald J. Cox Jr.; Compulsory Licensing after eBay by Angela Foster; Piercing the Registrant’s Veil: Trademark Infringement on the Internet, Identifying and Pursuing Infringers, and the Pros and Cons of Proxy Domain Name Registration by Brett R. Harris, Amanda F. Shechter and Anthony E. Wilkinson; In re Bilski: A Death Knell for Business Method Patents? by Marc S. Friedman, Jeffrey A. Baumel and Michelle C. Gabriel; Ten Steps to Prevent Trademark Disaster by Arnold B. Calmann and Jakob B. Halpern; Managing Discovery to Prevent Fishing Expeditions in Trade Secret Litigation by John A. Stone; Law Office Management: Taking Care of Your People by Karen Steinberger; Focus on Finance: While Markets Continue to Fall, Fraud Activity Continues to Rise by Michael A. Gillen and Steven M. Packer; Balancing the Scales: Helping Those Living With Chronic Illness by Martin M. Shenkman; Off the Beaten Path: Avoiding Ineffective Assistance of Counsel Claims by Psychiatric Defendants by Michael A. D’Anton


New Jersey Lawyer Magazine April 2009/No.257

Legal Writing


Table of Contents: President’s Perspective: Addressing the Issues of a New Day by Peggy Sheahan Knee; Message from the Special Editor by Susan R. Kaplan; Writing Persuasively for the New Jersey Supreme Court by Helen E. Hoens; Brief Thoughts on Effective Brief Writing by Christine D. Petruzzell; A Law Student Perspective: Research and Writing: Lessons Learned in Law School are Lessons Learned for Life by Tony Ciuca and Joanna Vassallo; A Law Student Perspective: Worth More Than Just a Grade: Legal Research and Writing in Law School by Erika M. Lopes; Negotiating the Assignment-Taking Process by Kenneth F. Oettle; Effective Legal Writing: One Size Does Not Fit All by John W. Bissell; Considerations for Drafting Legal Agreements by Michael F. Schaff and Peter Greenbaum; Arbitration Agreements: Easing the Way Through Arbitrable Disputes by Ellen Lewis Rice and Russell M. Woods; Persuasive Advocacy in Family Court by Stephan C. Hansbury; The Need for Clarity in Matrimonial Settlement Agreements by Lawrence R. Jones; A New Judge’s Perspective on Legal Writing by Margaret Goodzeit; Common Errors to Avoid in Writing Opinions and Memoranda; Law Office Management: Marketing Tips in a Down Economy by Ed Miller and Shana Gillis; Balancing the Scales: Tae Kwon Do Martial Arts Training for Attorneys by Kenneth A. Vercammen; Legal Arts: Washed-Up Attorney by Ray Brown


New Jersey Lawyer Magazine February 2009/No. 256

Disability Law


Table of Contents: President’s Perspective: Working to Aid New Jersey’s Disabled and Seniors by Peggy Sheahan Knee; Message from the Special Editor by Brian R. Lehrer; NJL Launches Law Student Authorship Project; Autism and Divorce: Guidelines for Family Court Practice by Lawrence R. Jones and David Holmes; Trusts for the Benefit of Disabled Persons: Understanding the Differences Between Special Needs Trusts and Supplemental Benefits Trusts by Gary Mazart and Regina M. Spielberg; Navigating the Labyrinth: Where to Turn When the Child with Developmental Disabilities Grows Up by S. Paul Prior and Amy E. Duff; Disabling the ADAAA by Stephanie Wilson and E. David Krulewicz; Dealing with Changing Family/Medical Leave and Disability Management Law in 2009 by David B. Lichtenberg, Justine B. Cutlip and Gregory T. Alvarez; The ABCs of SSDI, aka DIB: A Primer on Social Security Disability Insurance Law by Lynda Yamamoto; Special Education: Practical Applications of the Individuals with Disabilities Education Improvement Act by Viola  S. Lordi and Eric I. Bueide; ERISA and Conflict of Interest by Brian R. Lehrer; Legislative Corner: State Bar Association Seeks Changes in Guardianship and Protective Proceedings Jurisdiction by Valerie Brown; Law Office Management: Things That Go Together: Marketing and Public Relations by Cheryl Pessolano and Julianne Weinmann; Balancing the Scales: Rock & Roll Lawyer by Brian J. Freuhling; Ethics: Office of Attorney Ethics – Disciplinary Summary; Legal Arts; Ten Lessons I Hope to Teach My Three Daughters Before They Stop Listening to Me Altogether by Claudia Trupp