New Jersey State Bar Association - The voluntary Bar Association of New Jersey, serving members since 1899.

New Jersey Lawyer Magazine 2012

New Jersey Lawyer Magazine December 2012/No. 279



Table of Contents: President’s Perspective: Standing Strong Against the Storm by Kevin P. McCann; Message from the Special Editors by Senwan Akhtar and James J. Ferrelli; The Economic Loss Doctrine in New Jersey – an Erie State of Uncertainty by Clark Alpert; The Parole Evidence Rule: Forget Blue State/Red State, New Jersey is an Egg State by James J. Ferrelli and Eric D. Frank; International Contracts: What Practitioners Need to Know by Steven M. Richman; A Primer on Business Associate Agreements for the Sharing of Protected Health Information by Khizar A. Sheikh; The Anatomy of a Physician Employment Agreement by Carol Grelecki and Joseph M. Gorrell; The Value of Employment Contracts by Galit Kierkut; Drafting Arbitration Provisions in Employment Manuals That Adequately Protect Against Whistleblower Claims by Paulette Brown and Eric B. Mack; Marital Settlement Agreements - The Key to Life After Divorce by Renee A. Rubino; Basic Principles of Ground Lease Agreements by Ira Meislik; Does a Broker’s Failure to Have a Written Commission Agreement Doom Its Commission Claim Under the Statute of Frauds? by Barry S. Goodman; The Impact of the New Jersey Franchise Practices Act on  Contracts by Jeremy I. Silberman


New Jersey Lawyer Magazine October 2012/No. 278



Table of Contents: President’s Perspective: State Bar Continues to Thrive by Kevin P. McCann; Message from the Special Editors by Angela Foster and Donald J. Cox Jr.; Spectrum Policy and its Impact on the Nation’s Broadband Future by Robert C. Barber and Michael P. Goggin; Recondite Harmonies of Interest – Where Standards and Patents Meet by Martin I. Finston and David M. LaBruno; More than Castles in the Clouds: An Introduction to Cloud  Computing by Lawrence Freedman and Richard Davis; Changing Federal Policies in Response to the Broadband Revolution by John P. Janka; Telecommunication and Public Safety Post 9/11 by Paul P. Josephson; Lost in the Cloud: Municipal Regulation of the Internet’s Backbone by James H. Laskey; The Current Smartphone Patent Landscape: The Importance of Standard-Essential and Implementation Patents by Robert D. Leonard and Amber R. Stiles; Has  Competition Eliminated the Need for State Regulation of Telecommunications Service Providers? by Hesser G. McBride Jr.; Intercarrier Compensation: Nuts and Bolts by  Donna T. Urban and John B. Messenger


New Jersey Lawyer Magazine August 2012/No. 277

Insurance Law


Table of Contents: President’s Perspective: Building on Our Commitment to Advocacy by Kevin P. McCann; Message from the Special Editors by Brian R. Lehrer and Lisa J. Trembly; Duty to Defend on Collision Course with Duty to Reimburse by Ellis I. Medoway and Benjamin D. Morgan; Consent to Settle: When is it Required, and What Happens When the Insured and the Insurer Disagree? by Marshall D. Bilder and Robert J. McGuire; Revisiting Pickett v. Lloyds: A Survey, Assessment, and Practice Pointers Regarding New Jersey First-Party Insurance Bad Faith Law by H. Richard Chattman and Aaron H. Gould; Limitations of Action that Govern Insurance Claims by Amirali Y. Haidri; Use It or Lose It – Waiver and Estoppel by Lisa A. Lehrer; Regulatory Estoppel: Where Regulation and Litigation Meet by Susan Stryker; The Reasonable Expectations Doctrine by Brian R. Lehrer; An Overview of the Timing of an Occurrence and When Coverage is Triggered by Lisa J. Trembly and Christopher J. Dos Santos; Risky Business: Interpretations of the Business Risk Exclusion by New Jersey Courts by Laura J. Tyson; Tripartite Relationship – Insurer, Insured and Defense Counsel by John F. Tratnyek; Some Basics on Contingent Business Interruption and Contingent Extra Expense Coverage by Nicholas M. Insua and Anne E. Matthews;  Additional Insured Coverage in the Construction Setting: A Tremendous Asset Requiring Careful Attention to Detail by Lynda A. Bennett and Andrew S. Zimmerman


New Jersey Lawyer Magazine June 2012/No. 276 

Solo Practice


Table of Contents: President’s Perspective: Enhancing the Value of Membership by Kevin P. McCann; Message from the Special Editor by Mitchell H. Cobert; Financial Dealings with Clients by Alice M. Plastoris; Attorney Ethics: Considerations for the Solo by Brian J. Fruehling; Starting a Law Firm Later in Life by Mary Jane Leland; Finding the Balance:  A Solo’s Tale by Susan Schleck Kleiner; Starting a Solo Practice Soon Out of Law School by Kristen A. Perry; Transitioning From Law Firm Associate to Solo Practitioner by Jeffrey J. Brookner; Successful Planning: The Key to a Successful Practice by Robert W. McAndrew; Ten Tips Learned the Hard Way by Jacob V. Hudnut; The Bona Fide Office Rule: Will Virtual Offices be Allowed? by Craig M. Aronow, David B. Rubin and David H. Dugan III; Mentor Programs: A Safety Net for Solos by Mitchell H. Cobert; Social Networking Websites for Business and Exposure by Kenneth A. Vercammen; Enhance Your Solo or Small-Firm Practice with Your New Jersey State Bar Association Membership by Richard H. Steen; A Local County Bar Association Can Help Fill in the Gaps in Your Solo Practice by Nancy M. Bangiola; In Pursuit of Professionalism Among Business Lawyers by Gianfranco A. Pietrafesa


New Jersey Lawyer Magazine April 2012/No. 275

Business Development and Marketing

Table of Contents: President’s Perspective: Forging a Stronger Future While Reflecting on the Lessons of the Past by Susan A. Feeney; Message from the Special Editors by Asaad K. Siddiqi and Susan Borowski Storch; Ethical Considerations for Attorney Marketing by Asaad K. Siddiqi; How to Increase Firm Revenue Using Internet Marketing by Chris Mulvaney; Developing Relationships with Prospective Clients in 2012 by Dan Beldowicz; Podcasting: It’s About ‘Being’ the Media by Steven L. Lubetkin; Pathways to Success by Susan Borowski Storch; Marketing Diversity as a Competitive Advantage by Michael J. Plata and Michelle A. Ferrer; The Importance of Leadership and Differentiation in Attorney Marketing by Khizar A. Sheikh and Jonathan Jaffe; The Value in Strategic Referral Partners and Common Myths about Attorney Referrals by Stephen Fairley; Practical Success: Making This Your Best Year Ever by Cordell M. Parvin; The Definitive Associate Marketing Checklist by Larry Bodin; Marketing Your Law Practice in a Down Economy by Anthony Kalikas; 15 Tips for Marketing Your Law Practice in a Tight Economy by Terrie S. Wheeler; Getting Marketing and Business Development on the Same Page by Bob Buday, Bernie Thiel, Susan Buddenbaum and Tim Parker; The Future of Business Development for New Jersey Law Firms in 2012 by Susan Storch and Asaad Siddiqi; Commentary: How You Think is Everything by Jeffrey H. Newman


New Jersey Lawyer Magazine February 2012/No. 274

Attorney Fees


Table of Contents: President’s Perspective: In Support of a Fair Day in Court by Susan A. Feeney; Message from the Special Editors by Brian R. Lehrer and Susan Stryker; No Fees for You! by Marshall D. Bilder and Robert J. McGuire; Getting Paid and Staying Covered: The Importance of Reviewing Your Professional Liability Policy Before Filing a Suit for Fees by Diana C. Manning and Gregory J. Cannon; New Jersey Courts’ Liberal Interpretation of Consumer Fraud Act Claims Also Governs the Courts’ Review of Attorneys’ Fees Claims Under the Act by Jeffrey T. LaRosa and Cynthia L. Flanagan; Class Action Counsel Fees: Will the Lodestar Ride Again? by David H. Pikus; Attorney Fee Recovery in State and Federal Civil RICO Claims by Eric A. Inglis; Legal Fees Under New Jersey’s Open Public Records Act: A Guide to a Prevailing Party’s Right to Recovery by Brian J. Molloy and Keith L. Hovey; Attorneys’ Fees in ERISA Cases by Brian R. Lehrer; The Tail Wagging the Dog: Attorneys’ Fees in Employment Cases by David B. Lichtenberg and Nicole L. Picinic; Supreme Court and Appellate Division Decisions Broaden Insurers’ Duty to Defend by Robert D. Chesler and Ryan J. Cooper; The Confusing and Conflicting Supreme Court Rulings Involving Attorneys’ Fees in Probate Litigation by Jordan S. Weitberg; Frivolous Litigation and Attorneys’ Fees by Lisa A. Lehrer; Fee Issues and the Role of the Attorney as the Third-Party Neutral by Richard H. Steen and Angela Foster