The owner of a successful small business seeks to establish a succession plan. He has high aspirations for his family and great hope that his business will survive for generations. However, he is not yet prepared to leave his business to his children outright in the event of his demise. Perhaps his Continue Reading
Civil Rules Roundtable: Proportion – Not Perfection
The overhaul of Rule 37(e) is intended to address the unintended consequence of what has been described as “massive and costly over preservation.” While it will take time to see how courts apply the amended rules, corporate litigants are hopeful that the amendments will curtail the burgeoning costs Continue Reading
A Personal Tale: Pro Bono Representation of a Child Refugee in New Jersey
David Broderick co-wrote with Sarah Plastino a profile of Maria, a Honduran child refugee, who obtained asylum in the United States through the work of Pro Bono lawyers and the non-profit, KIND (Kids in Need of Defense). The article also details the complications of immigration and asylum in the Continue Reading
Generating Buzz Without Being Stung: Stay On the Right Side of the FTC with These 17 Marketing Guidelines
A good marketing department knows how to generate product buzz by leveraging influencers and promotions. The challenge is to avoid being stung by the Federal Trade Commission’s Endorsement Guides, other regulations and state laws relating to truth in advertising, or by platforms Continue Reading
3DP, AM, 3DS and Product Liability
This recent article in the Santa Clara Law Review V.55.4 discusses the recent expansion in 3D printing and Additive Manufacturing, and considers the legal implications in these growing fields. Below is an excerpt from the article: The capabilities demonstrated by 3D Continue Reading
Regulatory Gap Remains for Chemical Tanks Due to No EPA Spill-Prevention Requirement
"The EPA does not require spill-prevention actions by operators of aboveground chemical storage tanks, a regulatory gap that continues to exist 20 months after a chemical tank spill that led to a 10-day public drinking water ban for 300,000 West Virginians. The Environmental Protection Agency has Continue Reading
Mortgage and Foreclosure Law: Decision on Standing Has Widespread Implications
On July 14, the Connecticut Supreme Court issued a decision in Handsome v. Planning and Zoning Commission of the Town of Monroe, 317 Conn. 515 (2015), that broadly relates to the issue of standing and, more specifically, emphasizes the absolute nature of the conveyance of title to real property Continue Reading
Academic Institutions Are Under Cyber Attack
Academia’s cyber preparedness (or lack thereof) has received less media attention than that of certain retailers and financial institutions, but nonetheless the cyber risks confronting universities are pervasive and alarming. Consider recent breaches suffered by educational institutions. At the Continue Reading
Applying Choice-of-Law Principles to Punitive Damages Claims
In 2008, the New Jersey Supreme Court established New Jersey's adherence to the "significant relationship test" in choice-of-law determinations. The court made clear that, pursuant to that test, there is a presumption in personal injury cases that the law of the state in which the injury occurred Continue Reading
5 Things Companies Should Know About the Slowdown in China
The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in much of the domestic, government-controlled Chinese media, there is almost Continue Reading