Features
New Jersey's Tort Claims Act
Is there a bright-line rule for when a claimant is put on notice of a physician's status as a public employee for purposes of New Jersey's Tort Claims Act? The answer may be found in the matter of <I>Biassou v. Fitzsimmons</I>, in which the trial court and Appellate Division ruled that a plaintiff's claims were barred under the Tort Claims Act for failing to timely file a notice of claim.
Money, Emotion and the Monetary Blueprint
Money means different things to different people, and family law professionals don't always take adequate note of that, says the author, a Certified Divorce Financial Analyst. This is where the challenge lies, she says.
Features
Social Media Scene: It's Time to Reassess Your Social Media Goals
Given that the social media landscape of today is already drastically different than the social media landscape of three years ago, how should legal marketers invest their time and money in order to derive the greatest return on their investments? The answer starts with a thorough look at a law firm's social media goals.
Features
NJ Businesses Are Vulnerable to Unionization
Although private-sector union membership in the United States is near its all-time low at just under 7%, recent actions by the NLRB and DOL make New Jersey businesses vulnerable to unionization now more than ever.
Features
Banks and Landlords: Competing Lien Interests
Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.
Features
Crisis: Controlling the Threats and Seizing the Opportunities
When it comes to crises, businesses practically tie themselves in knots trying to avoid any potential conflict. But what are the best ways to control a crisis once it comes up?
Foreign Whistleblowers Fuel SEC Enforcement Activity, Raising the Stakes for Global Corporate Compliance
An "eligible" whistleblower is a person who voluntarily provides original information about a possible violation of the federal securities laws that has occurred, is ongoing, or is about to occur. If that information leads to a successful SEC action resulting in an order of monetary sanctions over $1 million, the whistleblower(s) can collect their bounty. Over the lifetime of the program, the SEC has addressed more than 390 award claims and has awarded more than $67 million to 29 individuals, known as claimants, in connection with 16 actions.
<b><i>Legal Tech</b></i> Could Federal Courts' Inherent Powers Upend the New Amendments to Rule 37(e)?
The recent amendments to the Federal Rules of Civil Procedure completely overhauled the sanctions portion of Rule 37, and were designed to resolve conflicts on the standards to apply in ordering spoliation sanctions. But one recent decision indicates that neither may be the debate on the standards a federal court can employ in ruling on a spoliation motion.
Features
Debtor's Power to Reject Executory Contract Trumps Counter-Party Debtor's Power to Assume Same Agreement
Among the various rights and protections afforded by the Bankruptcy Code to a debtor-in-possession, one of the most potent is the debtor's broad authority to assume or reject existing executory contracts and unexpired leases. Indeed, this power is one of the most useful tools available to a debtor, and in certain cases, it can be a major or even a primary reason for the bankruptcy filing.
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