Recent Publications

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Marc Haefner authors “One Pitfall in Purchasing a Common-Law Trademark: A Look at the Continuous Use Requirement,” published in New Jersey Law Journal (June 9, 2008)

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Karen Painter Randall and Andrew C. Sayles co-author “Mistakes That Lead to Malpractice: Common Sense Approaches to Reduce Your Risk” published in USLAW Magazine (Spring/Summer 2008)

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John Lacey authors article “The Pendulum Swings Back: Supreme Court Restores District Judges with Wider Discretion to Impose Appropriate Sentence” published in New Jersey Law Journal (April 14, 2008)

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John Cromie, Conor Murphy and Joseph Villani co-author article “Contractors Beware: Recent Regulatory Enactments Require Additional Compliance” published in New Jersey Constructor magazine (April 2008)


View the Archive (view by topic or scroll down to view the complete list)

 

Alternative Dispute Resolution (ADR)

Insurance Law

Banking Law and Finance

Intellectual Property

Bankruptcy, Reorganization and Creditor's Rights

Internet and Information Technology

Business Litigation

Labor and Employment Law

Construction Law

Mass Tort and Toxic Tort Litigation

Corporate Law and Transactions

Product Liability and Tort Law

Crisis Management and Catastrophic Loss

Professional Liability

Directors and Officers Litigation

Public Finance

Environmental Law

Real Estate Law and Land Use

General Interest

Taxation and Estate Planning

Health Care and Medical Practice Transportation Law

Alternative Dispute Resolution (ADR)

Ÿ John D. Cromie and Noel D. Humphreys co-author "Courts Press Expansive View of Arbitration Clauses" published in the New Jersey Law Journal (2007)
Ÿ Retired Judge John W. Bissell interviewed by The Metropolitan Corporate Counsel on the selection of ADR neutrals (2006)
Ÿ Paul T. Fader authors "Alternative Dispute Resolution: A New Trend for the 90s?" (1995)
   
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Banking Law and Finance

Ÿ Stephen V. Falanga authors "Lender's Election of Remedies Altered: Issue preclusion may limit claims of lenders in commercial foreclosure actions" published in the New Jersey Law Journal (2007)
Ÿ Stephen V. Falanga authors "Continuing the Debate Over the Role of ILCs'" published in the Premier Issue of Banking New York (2007)
Ÿ Stephen V. Falanga and John P. Lacey author "Sarbanes-Oxley Rule Revisions Announced" in The Metropolitan Corporate Counsel (2007)
Ÿ Stephen V. Falanga authors "Sarbanes-Oxley Impact on Banks Under Review" in The Metropolitan Corporate Counsel (2006)
Ÿ The American Bar Association publishes "Secured Electronic Signatures in Global and National Commerce Act", an article by John S. Stolz and John D. Cromie (2001)
Ÿ "Secured Credit Exemption Upheld", an article by John D. Cromie and Adam W. Walsh, is published by New Jersey Law Journal
Ÿ UCC Bulletin publishes Margaret L. Moses' article "The Attorney's Fee and Jury Trial Provisions of Revised Article 5 Require Change". (1996)
Ÿ Margaret L. Moses provides insight into "Revised Article 5 to the UCC" in New Jersey Law Journal (1995)
Ÿ The New Jersey State Bar Association publishes "Controlling the Letter of Credit Transaction", an article by Margaret L. Moses (1994)
Ÿ New Jersey Law Journal publishes Margaret L. Moses' "Guide to New Rules on International Letters of Credit" (1994)
   
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Bankruptcy, Reorganization and Creditor's Rights

Ÿ Stephen V. Falanga authors "Lender's Election of Remedies Altered: Issue preclusion may limit claims of lenders in commercial foreclosure actions" published in the New Jersey Law Journal (2007)
Ÿ Marc D. Haefner authors "RICO Still an Option for Defrauded Creditors" in the New Jersey Law Journal (2007)
Ÿ Stephen V. Falanga authors "Courts Split Over ‘Obligations of the Debtor’" published in the New Jersey Law Journal (2007)
Ÿ New Jersey Law Journal publishes Stephen V. Falanga’s article "Lender’s Insider Status Does Not Reclassify Debt" (2006)
Ÿ Stephen V. Falanga's article "No, New Jersey, There is No Creditor Fraud" is published in New Jersey Law Journal (2005)
Ÿ NYSBA Bright Ideas publishes "Royalty Rights in Bankruptcy, In Re: Cell Net Data Systems", co-authored by Noel D. Humphreys and Thomas J. Pasuit (2003)
Ÿ "Letters of Credit Offer Landlords Protection Against Tenant Bankruptcies", an article co-authored by John D. Cromie, Stephen V. Falanga, and James F. Jacobus appears in The Metropolitan Corporate Counsel (2002)
Ÿ New Jersey Lawyer Magazine publishes "Corestates Extends Claim Preclusion to Competing Creditors", an article by Stephen V. Falanga (1999)
Ÿ Raymond T. Lyons, Jr., former partner and now a United States Bankruptcy Judge, shares information regarding "Assignment of Rents in Bankruptcy" (1995).  Judge Lyons updated his article in July 1995 to reflect important case law developments.
   
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Business Litigation

Ÿ John Lacey authors article “The Pendulum Swings Back: Supreme Court Restores District Judges with Wider Discretion to Impose Appropriate Sentence” published in New Jersey Law Journal (2008)
Ÿ Matthew W. Bauer and Ilona I. Korzha co-author "E-Discovery Under New Jersey Court Rules" published in New Jersey Lawyer Magazine (2007)
Ÿ Peter J. Smith publishes "Lucier and Mango: The Future of Contractual Limitations of Liability in New Jersey?" (2004)
Ÿ Jeffrey L. O'Hara and Matthew I. Gennaro co-author "Independent Tort Claims for Spoliation", published in For The Defense (2004)
Ÿ Timothy E. Corriston and Angela A. Iuso publish "New Jersey Supreme Court Expands Application of Flexible Standard for Admission of Scientific Evidence on Causation" (2002)
Ÿ Legal Opinion Letter, a bi-weekly publication of the Washington Legal Foundation, publishes "Sons of Thunder v. Borden: State Court Has No Faith in Contracts", an article by Peter J. Pizzi (1997) (View the syllabus of the Sons of Thunder v. Borden decision)
Ÿ Kevin R. Gardner speaks on "Statutory Immunities (Charitable/Good Samaritan/Landowner)" at the New Jersey Defense Association's Affirmative Defense Seminar
Ÿ George J. Kenny addresses a Joint Meeting of the Essex and Morris County (new Jersey) Bar Associations in Scottsdale, Arizona regarding AIDS Litigation in New Jersey (an outline of his address appears here)(1997)
Ÿ Frank A. Lattal, former partner and now inside counsel for a major Bermuda-based insurance concern, delivers his paper, "Ex Parte Interviews of Employees and Former Employees: Balancing Ethics and the Unfettered Discovery of Facts",  at the Annual Midyear Meeting of the Insurance Coverage Litigation Committee, American Bar Association Litigation Section
   
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Construction Law

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John Cromie, Conor Murphy and Joseph Villani co-author article “Contractors Beware: Recent Regulatory Enactments Require Additional Compliance” published in New Jersey Constructor magazine (2008)

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Steve Barnett authors "OSHA Inspections for Consideration in 2007" in Construction Executive magazine (2007)

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Michael McBride, Mark Fleder and Tricia O'Reilly co-author "A View from the Federal Bench: Perspectives on Construction Disputes in the Year 2006 and a Review of Recent Trends and the New Rules that Will Impact Construction Disputes in the Federal Courts", a paper presented at the Construction Superconference in San Francisco, California (2006)

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Mark L. Fleder and Michael McBride's article "In Public Projects, the Agency CM is 'At-Risk'" is published in Construction Executive (2006)

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Mark L. Fleder, Michael X. McBride, and Liza M. Walsh present their paper, "The Agency CM and Public Projects: The Agency CM is 'At Risk'" at the Construction Superconference in San Francisco (2005)

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New Jersey Constructor publishes "State Contractors Prohibited From Making Campaign Contribution", an article co-authored by John D. Cromie and John T. Fojut (2005)

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John D. Cromie and John T. Fojut co-author "Steel Price Escalation Threatens NJ Contractors - A Proposed Two-Part Solution" for New Jersey Constructor (2004)

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Thomas S. Cosma authors "N.J. Department of Labor Revises Contractor Suspension Regulations: Are They Coming After You?" (2002)

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"Governor McGreevey Signs Prevailing Wage Enhancement Law" published by Paul T. Fader

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New Jersey Constructor publishes "Shifting Risk for Unknown Subsurface Site Conditions in State and Federal Projects", an article co-authored by John D. Cromie and John T. Fojut

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New Jersey Constructor publishes "The Rating Game: When Does a Contractor Exceed Its Aggregate Rating?", an article co-authored by Thomas S. Cosma and Paul T. Fader (2002)

Ÿ Peter J. Smith authors "Construction Defect Litigation" (2001)

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Peter J. Smith authors "New Jersey Supreme Court Interprets the Construction Lien Law" (2001)

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Mark L. Fleder offers an informative piece "'Design-build' construction contracting" (2000)

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Steve Barnett authors "Local Citizen Inspection Law: Taking "Right-To-Know" Too Far?" for the Washington Legal Foundation (1998)

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Christine A. Sanz authors "Government Incentives or Requirements for Green Building Could Be Coming Your Way!" (1998)

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Paul T. Fader authors "Alternative Dispute Resolution: A New Trend for the 90s?" (1995)

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"New Jersey's New Construction Lien Law: How Will It Affect Your Business?" authored by Peter J. Smith (1995)

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Paul T. Fader authors "Public Bidding Law Consent of Surety: A Requirement that Cannot Be Waived To Be Later Cured" (1995)

Ÿ John F. Neary writes "The Repose Statute: A Misnomer?" (1995)
   
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Corporate Law and Transactions

Ÿ John D. Cromie and Noel D. Humphreys co-author "Courts Press Expansive View of Arbitration Clauses" published in the July 30, 2007 issue of New Jersey Law Journal
Ÿ Stephen V. Falanga authors "Continuing the Debate Over the Role of ILCs'" published in the Premier Issue of Banking New York (2007)
Ÿ Stephen V. Falanga and John P. Lacey author "Sarbanes-Oxley Rule Revisions Announced" in The Metropolitan Corporate Counsel (2007)
Ÿ Michael J. Palumbo authors "Corporate Trustees And Defaulted Bonds: Protecting a Client's Investments" in The Metropolitan Corporate Counsel (2006)
Ÿ Stephen Falanga authors "Imputation Doctrine No Longer a Shield for Negligent Auditors" in the New Jersey Law Journal (2006)
   
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Environmental Law

Ÿ Steve Barnett and Michele Tantalla co-author "NJDEP Jurisdiction Expanding:
Proposed revisions to stream encroachment permit rules"
published in the New Jersey Law Journal (2007)
Ÿ Steve Barnett authors "Compliance Checkup" in the New Jersey Law Journal (2007)
Ÿ Steve Barnett and Michele Tantalla co-author "Rapanos:  The feds and intrastate waters" in In Re: The Magazine from New Jersey Lawyer (2007)
Ÿ Kevin J. Coakley and Agnes Antonian co-author "More Precision on Wetlands" in the New Jersey Law Journal (2007)
Ÿ Steve Barnett authors "The Brownfield Priority: 'Brownfield' Does Not Only Mean Loans, Grants and Tax Credits" published in the New Jersey Law Journal (2006)
Ÿ Steve Barnett weighs in on global warming and greenhouse gases in the June issue of Environmental Protection Magazine (2006)
Ÿ Steve Barnett discusses "New Jersey's Chemical Security: Best Practices and Open Questions" in The Metropolitan Corporate Counsel (2006)
Ÿ David J. Mairo's authors "Regulated Community Faces Stricter Controls" for the New Jersey Law Journal (2005)
Ÿ John D. Cromie and John T. Fojut co-author "Shifting Risk for Unknown Subsurface Site Conditions in State and Federal Projects" for New Jersey Contractor
Ÿ Steve Barnett authors "Local Citizen Inspection Law: Taking "Right-To-Know" Too Far?" for the Washington Legal Foundation (1998)
Ÿ Steve Barnett presents his paper "Environmental Requirements and Consequences Related to the Closing of United States Military Bases in Europe" at The Fourth International Symposium and Exhibition on Environmental Contamination in Central and Eastern Europe, held in Warsaw, Poland (1998)
Ÿ Frank A. Lattal, former partner and now General Counsel for a major Bermuda-based insurance concern, authors "Issues Involving The Relationship Between Primary and Excess Insurers in Environmental Coverage Litigation" (1997)
Ÿ Thomas S. Cosma provides "A Summary of New Jersey's Underground Facility Protection Act" (1995)
   
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General Interest

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Matthew W. Bauer and Ilona I. Korzha co-author "E-Discovery Under New Jersey Court Rules" published in New Jersey Lawyer Magazine (August 2007)

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Stephen Falanga and Thomas Sparno (Evenflo Company, Inc.) discuss "Building Successful Relationships Between In-House and Outside Counsel" in an interview with The Metropolitan Corporate Counsel (2006)

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Angela Iuso and Clarence Smith, Jr.  discuss the firm's diversity efforts in an interview with The Metropolitan Corporate Counsel (2006)
   
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Health Care and Medical Practice

Ÿ Patrick J. Hughes and Megan M. Roberts co-author "Preventing Patient Dumping: EMTALA regulates hospitals' screening and transfer policies" in the New Jersey Law Journal (2007)
Ÿ Kevin R. Gardner explains "The Impact of HIPAA on Treating Physician Interviews" in an article published The Metropolitan Corporate Counsel (2005)
Ÿ Dermatology Business Management Magazine quotes Anthony F. Vitiello in "6 Ways To Protect Your Assets" (2003)
Ÿ Health Care and Medical Practice update - March, 2003
Ÿ Health Care and Medical Practice update - September, 2002
Ÿ Health Care and Medical Practice update - June, 2002
Ÿ Health Care and Medical Practice update - April, 2002
Ÿ Health Care and Medical Practice update - January, 2002
Ÿ CF launches Health Care and Medical Practice update - November, 2001
   
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Insurance Law

Ÿ John K. Bennett speaks on Defending Employment Claims in New Jersey (Outline) (2001)
Ÿ Heidi Willis Currier weighs in on "Changes in the Law Regarding the Use of Recorded Statements in Insurance Investigations" (2001)
Ÿ Brian G. Steller discusses "The Changing Nature of Automobile Arbitration" (2001)
Ÿ George J. Kenny authors "Important Trends In New Jersey Coverage Law" (2001)
Ÿ John H. Denton discusses "Insurance Coverage for Employment Claims" (2001)
Ÿ Peter J. Smith offers insight on "Construction Defect Litigation" (2001)
Ÿ Daren S. McNally discusses "Insurance Coverage Issues in Construction Defect Claims" (2001)
Ÿ New Jersey Law Journal publishes George J. Kenny's article "Liability Risks of Assigned Insurance Counsel" (1995)
   
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Intellectual Property

Ÿ Noel D. Humphreys authors "Scores to Settle: When it comes to control of stats golf and baseball are very different games" published in the New Jersey Law Journal (2007)
Ÿ Noel D. Humphreys authors "Nine Digits Is Not Creative Enough for Copyright Protection" in Bright Ideas, published by the New York State Bar Association's Intellectual Property Law Section (2006)
Ÿ Peter J. Pizzi's article "The Latest on Blackberrys and Patent Injunctions" published in New York Law Journal (2006)
Ÿ Peter J. Pizzi authors "Google Image Search: Court Deals A Blow To Fair Use In Adult Site Litigation" in the New York Law Journal (2006)
Ÿ Peter J. Pizzi's article "The Google Book Project Takes Aim at Industry's Content Cache" published in the New York Law Journal (2006)
Ÿ New York Law Journal publishes "Idea versus Expression: Copyright Claim for Industrial Parts Vexes the Third Circuit", co-authored by Peter J. Pizzi and Noel D. Humphreys (2005)
   
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Internet and Information Technology

Ÿ Peter J. Pizzi co-authors "A Primer on Net Neutrality" (2007)
Ÿ Peter J. Pizzi's article "The Google Book Project Takes Aim at Industry's Content" Cache published in the New York Law Journal (2006)
Ÿ New York Law Journal publishes "The Latest on Blackberrys and Patent Injunctions" written by Peter J. Pizzi (2006)
Ÿ Peter J. Pizzi's Commentary "Grokster Means More Litigation For Tech Firms" published in the New Jersey Law Journal (2005)
Ÿ "Employer Communication: E-Mail Can Compel Employees to Arbitrate Workplace Claims", an article by Peter J. Pizzi, appears in New York Law Journal (2005)
Ÿ New York Law Journal publishes Peter J.Pizzi's article "Lessons from Uncle Henry's" (2005)
Ÿ New York Law Journal publishes Peter Pizzi's article "Perfect 10 v. Google, Adult Web Site Challenges Search Engine on Image Hits" (2005)
Ÿ Peter J. Pizzi weighs in on record company lawsuits against filesharers in two articles for the New York Law Journal (2004)
Ÿ Peter J. Pizzi and Rajen Akalu co-author "Strategies for Unmasking the ‘Anonymous’ Internet User" for the New York State Bar Association Commercial & Federal Litigation Section Newsletter (2004)
Ÿ Peter Pizzi and M. Trevor Lyons discuss "OPTING IN: Congress Passes the Can-Spam Act of 2003" (2004)
Ÿ The Metropolitan Corporate Counsel publishes "Amendments to UCC Article 2: Computer Software Shrinkwrap and Other Delayed Contract Terms", and article by Ernest W. Schoellkopff (2003)
Ÿ "ISPS, Congress Make Greater Strides in Combating Spam", an article by M. Trevor Lyons, appears in Legal Times (2003)
Ÿ Peter J. Pizzi's article "Courts Balance First Amendment Interests in Lawsuits Aimed at Stopping 'Cybersmear'" appears in The Metropolitan Corporate Counsel (2002)
Ÿ New Jersey Law Journal's Intellectual Property magazine features "Grappling with 'Cybersmear'", an article by Peter J. Pizzi (2001)
Ÿ The American Bar Association publishes "Secured Electronic Signatures in Global and National Commerce Act", an article by John S. Stolz and John D. Cromie (2001)
   
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Labor and Employment Law

Ÿ M. Trevor Lyons authors "The United States Supreme Court Limits Employers Exposure for Discriminatory Pay Claims by Requiring Timely Challenge to Periodic Pay Decisions" published in New Jersey Labor and Employment Law Quarterly (Summer 2007)
Ÿ John K. Bennett participates in Labor Law Roundtable for GC Mid-Atlantic Magazine (2007)
Ÿ Tricia B. O'Reilly and M. Trevor Lyons co-author "New Jersey Joins A Growing Number of Jurisdictions in Expressly Prohibiting Discrimination On The Basis Of Gender Identity Or Expression" published in two parts in The Metropolitan Corporate Counsel (2007)
Ÿ Tricia B. O'Reilly and M. Trevor Lyons co-author "LAD expansion: Gender identity and gender expression" in In Re: The magazine from New Jersey Lawyer (2007)
Ÿ M. Trevor Lyons authors "The Third Circuit Adopts a Broad Reading of the 'Ministerial Exception'" in the New Jersey State Bar Association's Labor and Employment Law Quarterly (Winter 2007)
Ÿ Clarence Smith, Jr. authors "The H-1B Visa Cap Impedes A Company’s Ability To Meet Competition In The Global Marketplace" in The Metropolitan Corporate Counsel (2006)
Ÿ Peter J. Pizzi's article "Disloyal Employees" appears in the New York Law Journal (2006)
Ÿ M. Trevor Lyons co-authors "The Overdiagnosis of Post-Traumatic Stress Disorder in Employment Litigation" in the New Jersey State Bar Association's Labor and Employment Law Quarterly (2006)
Ÿ Joseph C. DeBlasio provides insight into religious accommodation in the workplace in Business and Legal Reports' Best Practices in HR (2006)
Ÿ Clarence Smith, Jr. shares advice on "Obtaining A Visa For A Manager Or Executive Of A Multinational Corporation" in The Metropolitan Corporate Counsel (2006)
Ÿ New York Law Journal publishes Peter Pizzi's article "Employer Communication: E-Mail Can Compel Employees to Arbitrate Workplace Claims" (2005)
Ÿ Tricia Bevelock O'Reilly and Peter Pizzi co-author "New Jersey's Conscientious Employee Protection Act Is Amended" for The Metropolitan Corporate Counsel (2004)
Ÿ John D. Cromie and John T. Fojut's article "Set-Aside Act Amended to Remove State Contract Set-Asides for Minority Owned and Female Owned Business" appears in New Jersey Constructor (2003)
Ÿ John K. Bennett authors an outline entitled "Current Developments and Trends in Employment Law in New Jersey" (2002)
Ÿ Peter J. Pizzi and Jennifer L. Barnes co-author "How to Respond to CyberSmear'" (2001)
Ÿ Kathleen S. Murphy authors "Actionable Sexual Harassment" (2001)
Ÿ John P. Lacey publishes "Illegal Conduct in the Workplace" (2001)
Ÿ Steve Barnett writes an article about "Responding To OSHA Inspections" (2001)
Ÿ John K. Bennett publishes "Developing Issues of Workplace-Harassment Liability "
Ÿ Kevin R. Gardner authors "Restrictive Covenants Under New Jersey Law" (2001)
Ÿ John K. Bennett's article on "Developing Issues of Workplace-Harassment Liability "appears in New Jersey Lawyer (2000)
Ÿ John K. Bennett delivers address at the 20th Annual Labor Law Conference entitled "Are Unions, Collective Bargaining, and/or the National Labor Relations Board Still Relevant?" (1998)
Ÿ John F. Neary authors "The Harms Case Invalidates Project Labor Agreements As A Bidding Requirement On Public-Works Projects" (1995)
   
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Mass Tort and Toxic Tort Litigation

Ÿ Timothy Corriston co-authors "Across the Hudson, a Different View of 'Take-Home' Liability" published in the New Jersey Law Journal (2006)
   
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Professional Liability

Ÿ Karen Painter Randall and Andrew C. Sayles co-author “Mistakes That Lead to Malpractice: Common Sense Approaches to Reduce Your Risk” published in USLAW Magazine (2008)
Ÿ New Jersey Lawyer Magazine publishes "When Attorneys are Subpoenaed: How to Navigate the Evidentiary and Ethical Minefield", co-authored by Karen Painter Randall and Michael P. Davis (2006)
Ÿ The Metropolitan Corporate Counsel publishes Jeffrey L. O'Hara and Matthew I. Gennaro's article, "The Duty of Corporate Counsel to Preserve Evidence" (2004
Ÿ Karen Painter Randall shares provides insight into "Professional Ethics And The Retention of Closed Clients' Files" in The Metropolitan Corporate Counsel (2003)
Ÿ Steve Barnett authors "New Jersey Supreme Court Expands Liability for Engineering Professionals" (1996)
   
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Real Estate Law and Land Use

Ÿ Steve Barnett and Michele Tantalla co-author "Rapanos: The feds and intrastate waters" in In Re: The Magazine from New Jersey Lawyer (2007)
Ÿ Kevin J. Coakley and Agnes Antonian co-author "More Precision on Wetlands" in the New Jersey Law Journal (2007)
Ÿ Steve Barnett authors "The Brownfield Priority: 'Brownfield' Does Not Only Mean Loans, Grants and Tax Credits" published in the New Jersey Law Journal (2006)
Ÿ John D. Cromie, Stephen V. Falanga and James F. Jacobus co-author Letters of Credit Offer Landlords Protection Against Tenant Bankruptcies, published in The Metropolitan Corporate Counsel (2002)
Ÿ New Jersey Law Journal publishes "Court Stakes a Middle Ground On Free Speech in Shopping Malls", an article co-authored by John D. Cromie and James F. Jacobus
Ÿ James P. Rhatican writes "It's Not Easy Staying Green: A Summary of the Garden State Preservation Trust Act" (1999)
Ÿ Kevin J. Coakley publishes "Inverse Condemnation: The Search For The Relevant Parcel" (1996)
   
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Taxation and Estate Planning

Ÿ Anthony F. Vitiello authors "Being Your Own Beneficiary"  published in the New Jersey Law Journal  (2007)
Ÿ Anthony F. Vitiello  provides insight into estate planning in "Absolute Discretion" published in the New Jersey Law Journal (2007)
Ÿ Anthony F. Vitiello explores "Asset Protection For Heirs " for New Jersey Lawyer Newspaper (2006)
Ÿ Dermatology Business Management Magazine quotes Anthony F. Vitiello in "6 Ways To Protect Your Assets" (2003)

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