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New Jersey Lawyer Magazine 2011

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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 2011/No. 273



Table of Contents: President’s Perspective: Advancing the Rise of Women up the Legal Ladder by Susan A. Feeney; Message from the Special Editors by Angela Foster and Richard J. Badolato; Reflections on the Appearance of Impropriety Standard by Michael Ambrosio; Commentary: We’re All Virtual Lawyers Now by George W. Conk; There is No Such Thing as a Free Lunch: Ethics Guidelines for Working with State Government Officials by Richard E. Constable III and Margaret A. Cotoia; Fee Arrangements with Clients by Frederick J. Dennehy; Mandatory Professionalism: RPC 3.2 and the Lawyer’s Duty to be Courteous and Considerate by David H. Dugan III; What’s in a Name? ‘Of Counsel’ Designation by Angela Foster; Ethical Considerations on Outsourcing Legal Services by Peter Geraghty; Is there a Place for Indeterminate Suspension in the New Jersey Attorney Disciplinary System? by Robert C. Holmes; Confidentiality: The (Perhaps Surprising) Breadth and Scope of RPC 1.6 by Carol Johnston; Nostradamus, Esquire? Making the Enforceability of Advanced Conflict Waivers by Sophisticated, Independently Represented Clients More Predictable for Non-Clairvoyant Lawyers by Patrick Matusky and Francesco P.L. Suglia; Ghostwriting: Not a Current Ethics Concern in New Jersey by Melville D. Miller Jr.; Legal Ethics in the Context of Negotiations by Gianfranco A. Pietrafesa; Representing the Company and its Constituents by Steven W. Suflas and Alison C. Lorenzo


New Jersey Lawyer Magazine, October 2011/No. 272

In-House Counsel

Table of Contents: President’s Perspective: Keeping Professionalism in the Forefront by Susan A. Feeney; Message from the Special Editors; Manage Your Risk: Five Critical Employment Issues by Jill Turner Lever and Grace A. Byrd; Arbitration: Take Charge by Understanding and Designing the Process by Thomas V. Hildner and Lisa J. Trembly; A Funny Thing Happened on the Way to the Courthouse by David Smith; Social Media Policies: Enter at Your Own Risk by Kevin W. Mahoney; Due Diligence Considerations for Companies Contracting with Vendor Service Providers by Cyrus D. Mehta; The Impact of Export Control Regulations on Global Companies: Deemed Export by Adonica-Jo R. Wada; Expatriate American Tax: A Basic Overview for In-House Counsel by Tina Salandra and Bobby Shethia; An Overview of Recent Statutory Changes to Privacy Law in India in Comparison to Similar U.S. And EU Privacy Rules by Todd B. Ruback and Sarah Mahony; An In-House Counsel’s Guide to New Financial Industry Regulatory Authority Rules by Miriam Lefkowitz; Ethical Issues of Concern to In-House Counsel by Steven J. Fram; Commentary: Diversity – Still a Business Imperative by Denelle J. Waynick; Commentary: Public Access to Government Records and How Transparency Protects Privacy by Grayson Barber and Frank L. Corrado

New Jersey Lawyer Magazine, August 2011/No. 271

Mass Torts


Table of Contents: President’s Perspective: State Bar Focuses on Continuing Legal Education Programming by Susan A. Feeney; Message from the Special Editor by James J. Ferrelli; The View From the Bench: Practices and Developments in New Jersey Mass Tort Proceedings by James J. Ferrelli; The New Jersey Mass Tort Designation Process: Who Decides What Kind of Cases Go Where? by Michael Dore; Why are Mesolthelioma Cases in New Jersey Still on the Rise? by Christopher M. Placitella; Does Medical Monitoring Still Exist? by James J. Pettit; Class Actions and the Quest for a Fair Resolution in Mass Tort Litigation by Charles E. Reuther; Undisclosed Dangers of Heparin: A New Mass Tort on the Horizon? by Neal Lewis and Daniel R. Lapinski; Top 10 Tips for Defending Mass Torts in New Jersey by James J. Ferrelli and Alyson B. Walker; Food for Thought: The Importance of the Early Disposition of Baseless Claims in New Jersey Product Liability Mass Tort Litigation by Michelle M. Bufano; Confidentiality in Mass Torts: New Rules, New Issues, New Perspectives by David Buchanan and Christopher Seeger; Use of Social Networking Sites in Mass Tort Litigation: A Defense Perspective by Stuart M. Feinblatt, Beth S. Rose and Gwen L. Coleman; Simultaneous Trials Bring New Challenges to New Jersey Courts by Eliot J. Walker and John J. Sullivan; Choice of Law and Punitive Damages in New Jersey Mass Tort Litigation by Kenneth J. Wilbur and Susan M. Sharko; Commentary: Setting the Record Straight on Misconceptions About Pharmaceutical Litigation in New Jersey Mass Tort Courts by Ellen Relkin; Legal Practice: Making  Complex Post-Mortem Decision in the Post-Obama Tax law Era – Two-Year Portability Provision Makes the Choice Even Harder by June R. Mann


New Jersey Lawyer Magazine, June 2011/No. 270

Going Green


Table of Contents: President’s Perspective: Building a Better Bar by Susan A. Feeney; Message from the Special Editor by Hesser McBride Jr.; New Jersey Legislature Seeks to Encourage Green Technology by James Laskey and Christopher Stevenson; Global to Local: Sustainable Development and Emerging Issues in Real Estate Practice by Karl Piirimae; Federal Tax Legislation Favors Alternative Energy Development and Energy Efficiency Initiatives by Richard D. Martinson; Harnessing the Wind: Development of Wind Energy Projects in New Jersey by Marshall McLean, Henry King and Matthew Thomas; Here Comes the Sun: Land use Law Affecting the Development of Solar Energy Facilities in New Jersey by Richard M. Hluchan; U.S. Green Building Council: Meeting the Challenges of Building Green with LEED by Harry E. McLellan III; Savings from the Sun: Guiding Clients Through the Solar Contracting Process by Hesser G. McBride Jr.; Green Initiatives, Paper Reduction and  E-Discovery: Advising Your Clients in a Paperless Era by Angela M. Scafuri; State, Municipal and School District Energy Contracting: Making the Promise of Energy Efficiency and Renewable Energy Supply Contracts a Reality by Phyllis J. Kessler; Sustainable Construction in New Jersey’s Older Urban Areas: A Case Study by Dante J.  Romanini


New Jersey Lawyer Magazine, April 2011/No. 269

Alternative Dispute Resolution


Table of Contents: President’s Perspective: The Year in Review by Richard H. Steen; Message from the Special Editors by Angela Foster and John C. Lifland; Consumer Contracts and Class Actions: U.S. Supreme Court to Decide Whether State Unconscionability Law Bars Mandatory Arbitration Claims by Frank A. Luchak; Food for Thought: Why Should My Client Mediate? by Robert E. Margulies; Assuming Silence in Arbitration by Amy J. Schmitz; Mistakes Mediators Make by William G. Bassler and Jack P. Levin; I Signed What?: Forsyth v. First Trenton Indemnity Co. and the Expanding Enforcement of Mandatory Arbitration Clauses in New Jersey Employment Contracts by Paulette Brown; How to Get the Most for Your Clients When Their Case is Referred to Mediation: Managing the Mediated Case From the Attorney’s Perspective by Bonnie Blume Goldsamt; Arbitrating Social Media Grievances by Patrick R. Westerkamp and Rebecca Esmi; Between Scylla and Charybdis: Settlement Offers and the Arbitration Process by Steven M. Richman; Cognitive Barriers to Valuing Your Case for Settlement or Mediation: Improving Your Risk Assessment by Laura A. Kaster; 2011 New Jersey State Bar Association Annual Meeting Preview; Securities Arbitration: Does Your Client Have a Cause of Action or Not? by Mitchell H. Cobert; The Impact of Reverse Payment Settlement on Mediation by Angela Foster; Employment Arbitration and Defense Contracts Under the Obama Administration by Jed Marcus; Healthcare ADR: The Options When You Want to Preserve Relationships by Peter Leibold and Michael Schaff; Vacating and Conforming Arbitration Decisions Under the New Jersey Arbitration Act of 2003 by Brian J. Ellis


New Jersey Lawyer Magazine February 2011/No. 268

Consumer Protection


Table of Contents: President’s Perspective: What Will the Future Hold? by Richard H. Steen; Message from the Special Editor by Brian R. Lehrer; Lemon Car Driving You Crazy?: How the New Jersey Lemon Law Puts Drivers on the Road to Recovery by Robert M. Silverman; Home Improvement Disputes Under the Consumer Fraud Act: Background, Recent Case Law, and Practice Pointers by H. Richard Chattman and Lisa J. Trembly; Close Only Counts in Horseshoes, Hand Grenades and Consumer Fraud Act Claims: The Requisite Casual Relationship Between the Unlawful Act and the Ascertainable Loss by Steven K. Warner; Charitable Giving: Are Fraudsters in Your Pockets? by Michael A. Shipp; The Role of the U.S. Department of Homeland Security in Protecting U.S. Consumers by Susan Borowski Storch; Title XIV of Dodd-Frank: Congress Cracks Down on Residential Mortgage Lenders, Brokers and Servicers by Robert M. Jaworski; Limited Liability: Exculpatory Clauses, Statutory Protections and Limited Duties by Lisa A. Lehrer; Arbitration Clauses and Consumer Agreements by Brian R. Lehrer