New Jersey Lawyer Magazine 2010
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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 firstname.lastname@example.org or Paula Portner at email@example.com. To submit an article for possible publication, contact Cheryl Baisden at firstname.lastname@example.org.
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 2010/No. 267
Municipal Court Practice
Table of Contents: President’s Perspective: Municipal Court Practice Garners Court Attention by Richard H. Steen; Message from the Special Editors by Angela Foster and John E. Hogan; Conditions on Admitting an Alcotest Reading: State v. Chun and the Case Law Interpreting It by Jeffrey Evan Gold; Seeing Double: Representing a New York Driver in New Jersey DWI Case by James B. Seplowitz; Collateral Consequences: The Potential for Deportation and Exclusion as a Result of a Municipal Court Shoplifting Conviction by John E. Hogan and Amy B. Herbold; Post-Conviction Relief in the Municipal Courts – Why is it Important? by Christopher Baxter; Technical Note: Examining Downloadable Digital Data Logs by Samuel L. Sachs; Legislating Human Behavior: Cell Phones and Pedestrians by Angela Foster; Top 25 Cases Affecting Municipal Court Practice by Kenneth Vercammen; The Alcotest and State v. Chun by John Menzel; Legal Creativity: Municipal Court 2030 by John J. Novak; Law Office Management: Make or Break Your New Office with Marketing Due Diligence by Ed Miller
New Jersey Lawyer Magazine October 2010/No. 266
Banking & Financial Transactions
Table of Contents: President’s Perspective: State Bar Focuses on Continued Diversification by Richard H. Steen; Message from the Special Editors by Stuart A. Hoberman and Susan Storch; Sweeping Federal Financial Reform Legislation Overhauls the U.S. Financial System by Audrey D. Wisotsky and David W. Freese; There’s a New Kid on the Block: What You Need to Know About the Bureau of Consumer Financial Protection by Robert M. Jaworski; Mortgage Finance in New Jersey – A Regulatory Perspective by E. Robert Levy; Primer on New Jersey’s Foreclosure Mediation Program by Caroline M. Petrilla-Sagnip; Servicing of Residential Mortgage Loans in Securitization Transactions by Jonathan Wishnia; Minority Rules: Lending to Minority – and Women-Owned Businesses by Michael J. Lubben; Representing the Borrower in Commercial Real Estate Loan Financing by Charles E. Reuther; Counsel to Counsel: What to do When the Bank Comes Knocking at Your Door by Timothy Duggan; Negotiating Credit Documentation from the Borrower’s and Lender’s Perspective – A Meeting of the Minds by Peter R. Herman; Pre-Workout Considerations and Strategies of Borrowers/Lenders by Thomas M. Scuderi; Look Into the Crystal Ball: The Business Banking Outlook for New Jersey by Stuart Hoberman and Susan Storch; Law Office Management: Improving Intake Procedures by Tim O’Connell
New Jersey lawyer Magazine August 2010/No. 265
Elder and Disability Law
Table of Contents: President’s Prespective: Preserving Judicial Independence by Richard H. Steen; Message from the Special Editors by Marilyn Askin and Linda s. Ershow-Levenberg; Preserving the Primary Residence: the Minefield of Real Estate Transactions in Elder Law Planning by Linda S. Ershow-Levenberg; Client Capacity – Assessment and Advocacy by Donald D. Vanarelli; Evictions form Long-Term Care by William P. Isele; Special Needs Settlement Planning: Preserving Public Benefits and Enhancing the Injured Party’s Quality of Life by Shirley B. Whitenack and Regina M. Spielberg; The Use of Trusts in Divorce When Planning for the Disabled Spouse or Child by Susan L. Goldring; Special Needs Estate Planning by Regina M. Spielberg; Recent Revisions to the Social Security Administration’s Program Operations Manual System (POMS) Relating to Special Needs Trusts by Thomas D. Begley Jr.; Guardianship Applications and Attorney’s Fees by Brenda McElnea; Mediation as a Tool in Contested Guardianship Proceedings by Sharon Rivenson Mark; Think Globally, Age Locally: New Jersey’s Global Options for Long-Term Care by Lauren S. Marinaro; Elder Law’s New Frontier – VA Benefits by Robert F. Brogan; Litigating Medicaid Issues in Federal Court by John W. Callinan; Surveying the Recent Legislative Landscape: What Inures to the Benefit of Older Clients in New Jersey? by Marilyn Askin and Jennifer Judd; Legal Writing: But Will it Write? How Writing Sharpens Decision Making by Douglas E. Abrams
New Jersey Lawyer Magazine June 2010/No. 264
Table of Contents: President’s Perspective: Defining Who We Are and Where We Are Going by Richard H. Steen; Message from the Special Editors by Robert Olejar and Darren Gleber; Different Arenas, Different Ground Rules: State vs. Federal Criminal Practice by John C. Whipple and John J. Roberts; From the Defense Perspective: Expansive Use of Appeal and Collateral Review Waivers, in Federal Appeals Agreements, Undermines Public Policy and Creates Potential for Court-Sanctioned Ethics Violations by Richard Coughlin; Laundering Money, Preventing Crime, and the Effect of Currency Reporting Requirements on Both by Marion Percell; A Commentary: The Code is Broken by Darren Gelber; Inexplicable Delay: The Failure of the Legislature to Implement a “Forfeiture by Wrongdoing” Amendment to the Rules of Evidence by Alan L. Zegas; No Per Se Conflict with Third-Party Payer by Fred Dennehy and Carrie Ford; Government Regulation as a Defense in Criminal and Civil Cases: Chevron to the Defense by Howard M. Hoffmann; Changes to New Jersey Expungement Law by Marc Leibman; The Brave New World of Telephonic Serach Warrants: Recommendations of the Supreme Court Special Committee Post-Pena-Flores by Thomas M. Lenney and John J. Roberts; Focus On: Compliance – The Impact of Increased U.S. Enforcement on Global Workforce by Susan Borowski Storch; Legal Practice: A Dozen Productivity Tips to Benefit Any Law Office by Reid F. Trautz and Dan Pinnington; Law Office Management: The Virtual Lawyer by Helen Lysaght
New Jersey Lawyer Magazine April 2010/No. 263
Table of Contents: President’s Perspective: Looking Back on the Past Year by Allen A. Etish; Message from the Special Editors by Michael Schaff and Brett R. Harris; The New Form 990: Mandating Good Governance Through Disclosure by Sheilah O’Halloran and Van Zimmerman; The New Paradigm of Duties and Liabilities Facing Trustees, Directors and Officers of New Jersey Not-For-Profit Entities by Barry J. Bendes; Attorney General Oversight of Transactions and Financial Practices of Nonprofit Corporations by Gary W. Herschman and Anjana D. Patel; Sarbanes-Oxley: Nonprofit Doesn’t Equal Noncompliance by Joel Mayer; A Look at the Corporate Law of Nonprofit Corporations: With Some Practical – Nontax – Insights by Stuart L. Pachman; The Importance of Strategic Planning for Nonprofits – The Role of the Attorney by Ron Matan; How to Survive the New Reality: Nonprofit Mergers, Consolidations, Realignments and Program Buy-Outs by Frances A. McElhill; Annual Meeting and Convention 2010 Program Preview; The Private Foundation: A Practitioner’s Guide by Robert A. Kosicki and Bonnie Leibowitz-Carchi; Charitable Planning: A Primer by Anita J. Siegel; The New Uniform Prudent Management of Institutional Funds Act: Wider Discretion and Greater Risks for Managers of Endowment Funds by Lori I. Mayer; Enlightened Capitalism and L3Cs by Susan A. Maslow and Timothy White; Legislative Report: Employment Legislation – Recent Developments and What’s on the Horizon by Kathleen McLeod Caminiti; Law Office Management: Revisiting Cost Recovery in a Tough Economy by Lisa Cuffar
New Jersey Lawyer Magazine February 2010/No. 262
Table of Contents: President’s Perspective: Keeping Politics Out of the Process by Allen A. Etish; Message from the Special Editors by Amy Sara Cores and Susan Stryker; Party Autonomy in Private International Law by Charles E. Reuther; Starting With the End: An Overview of Strategies for Litigating in the United States to Obtain Judgments Enforceable Abroad by Lea Haber Kuck; An Overview of Enforcement of Foreign Orders and Judgments in American Courts by Steven M. Richman and Justin B. Richman; Offshore Assets: A Primer for Matrimonial Attorneys by Stacy Preston Collins and Jason Kilsdonk; Intellectual Property Rights and Antitrust in China by Yee Wah Chin; Structuring of International Operations by Michael E. Burke; GAAP and IFRS: The Convergence and Transition of International Accounting Standards by A. Bruce Bowden; Avoid Getting Caught in the Wash: Money Laundering Considerations for Attorneys by Susan Stryker; Commentary: Aggression in International Law – The 2010 Review Conference on the International Criminal Court by Roger S. Clark; Law Office Management: Marketing Your Resolutions by Ed Miller; Legal Practice: Corporate Counsel’s Responsibility to Prevent Employee Fraud by Hubert Klein