Blog – Garden State Gavel

http://njlitigationlaw.foxrothschild.com/

Each year, approximately seven million new cases are filed in New Jersey’s courts, and every day, our attorneys are right there helping clients navigate those suits from the moment they land at their doorstep. In this blog, Fox’s New Jersey litigation attorneys provide updates on the latest in litigation, including relevant case law, trials and new laws and regulations.

Recent Blog Posts

  • Baxter Revisited for Misappropriation Claim So, while the Baxter court concluded that a tortious interference claim could not survive summary judgement under the facts set forth in our previous post, those same facts supported the survival of the misappropriation claim. Copyright: zhitkov / 123RF Stock Photo Determining whether HQ had potentially misappropriated Baxter’s trade secrets under New Jersey’s Trade Secrets Act required a very different analysis from the tortious interference claim considered by the Court.  The seminal issue on the misappropriation claim was whether HQ knew or... More
  • Navigating the New Jersey Trade Secrets Act And Other Claims Against Departing Employees While the New Jersey Trade Secrets Act has been in effect since January of 2012, there have been no reported cases interpreting the Act until this year when the Court considered Baxter Healthcare Corporation v. HQ Specialty Pharma Corporation.  In some ways, the Baxter case raises more questions than it resolves on the issue of an employer’s exposure to misappropriation claims brought by an employee’s former employer.  Given the potential for punitive damages under the Act, employers should carefully consider... More
  • New Year, New Rules, and Proportionality Last month, my colleague James Kravitz wrote a blog elucidating a significant amendment to the document production rule under FRCP 34. His blog encouraged me to take a closer look at the other amendments that are now effective and share some of the highlights to kick- off 2016.  Among other changes, lawyers should note the following: Copyright: alexmillos / 123RF Stock Photo FRCP 4 (Summons) reduces the time for service to be effected from 120 days to 90 days after the complaint... More
  • Medical Provider Check-Ups: Do it Now Given the heightened scrutiny that abounds to uncover insurance fraud in the Garden State, medical providers need to conduct internal and external “check ups ” to protect their practice and their reputations in the event of a payor audit, investigation or litigation. Copyright: andreblais / 123RF Stock Photo In New Jersey, there are a variety of ways that a medical practitioner can be targeted for an investigation.  For example, a private payor may randomly review a provider’s billing forms and notice the... More
  • Negotiation Techniques I Learned from My Teenagers My mother laughs a little more these days because her wish has come true. I have three teenagers and one of them is a lot like me.    And while these years can be (ahem) challenging, I am convinced that my negotiation skills have improved due to the ample opportunities for practice that my teens regularly provide for me. Copyright: da161 / 123RF Stock Photo I have distilled it down to 6 “do’s” and “don’ts” to remember when you are negotiating for your... More
  • Introducing N.J.R.E. 534: A Unified Mental Health Privilege Copyright: shoshina / 123RF Stock Photo There is a new rule of evidence in New Jersey that seeks to clarify the plethora of privileges governing confidential communications between mental health service providers and patients suffering from mental or emotional health conditions.  N.J.R.E. 534, as adopted by the Supreme Court on January 15, 2015, and which will go into effect on July 16, 2016, creates a comprehensive mental health provider privilege which is intended to supplant the different and somewhat confusing privileges... More
  • Reflections of an Arbitrator: Why Rule 4:21A Matters So your case is scheduled for court ordered arbitration. No shocker. You have been through this before. But before you hastily put together a form arbitration memo, consider how a well – executed arbitration can assist your case.  It matters. Copyright: alexraths / 123RF Stock Photo As a certified arbitrator, I have presided over all sorts of proceedings:  fights with private institutions, contract disputes, property damage, just to name a few.  The arbitration process is important because the arbitrator’s decision is final... More
  • The Gift of Pro Bono: A Reminder of Why I Became a Lawyer Copyright: jpgon / 123RF Stock Photo There is a picture on my Iphone of a father holding his 5-year-old daughter.  Their eyes are dancing and the smile that they share makes it obvious that they are related.  It is not a picture of my husband, brother or friend.  It is a picture of a veteran that I had the privilege to represent pro bono in a family matter. He sent me that picture as I was traveling back from court to... More
  • A Team by Any Other Name…. Copyright: tiero / 123RF Stock Photo The Washington Redskins lost again- but this time not on the football field.  Just this week,  a federal judge affirmed an earlier ruling by the United States Trademark Trial and Appeal Board (“TTAB”) that the team’s name was offensive to Native Americans and therefore ineligible for trademark protection under the Lanham Act. While the Redskins moniker has been around for 80 years, it was not until the early 1990’s  that aggrieved plaintiffs turned to the courts... More
  • New Jersey’s Autism Mandate Expands in 2015 According to information collected in 2010 by the Centers for Disease Control and Prevention (“CDC”), the number of children diagnosed with Autism Spectrum Disorder (ASD) continues to rise. For example, in 2006, 1 in 110 was identified whereas that number increased to a national average of 1 in 68 children in 2010.  The numbers in the Garden State (1 in 45) are especially troubling as they well exceed the national average. Copyright: wavebreakmediamicro / 123RF Stock Photo Recognizing the need to focus... More