Blog – Garden State Gavel

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

  • Arbitration: Avoid Traps for the Unwary Most complex litigation ends with a settlement agreement and most settlements of complex litigation include an arbitration clause to address any disputes over the settlement.  New Jersey’s Supreme Court over the past fifteen years has repeatedly made clear that arbitration clauses are not automatically enforceable and has interpreted them narrowly. Copyright: alexraths / 123RF Stock Photo In Garfinkel v. Morristown Obstetrics and Gynecology Associates, PA, 168 N.J. 142 (2001), New Jersey’s Supreme Court made clear that arbitration agreements will not compel the... More
  • Changes to Federal Rule of Civil Procedure 34 Rule 34 of the Federal Rules of Civil Procedure was recently amended to provide that if an objection is made to a request for production (“RFP”), the objection must state whether any responsive documents are being withheld on the basis of that objection. This is an important amendment to the Federal Rules, as it eliminates significant gamesmanship by attorneys in regard to responses to RFPs. Copyright: bacho12345 / 123RF Stock Photo The Rule change was brought about by attorneys who make broad... More
  • Interviewing Jurors: A Definite Don’t Copyright: moodboard / 123RF Stock Photo It is common knowledge among trial lawyers that you should never speak to jurors during the trial and while they are deliberating.  In fact, New Jersey judges typically warn jurors after every break that they should not speak to anyone about the case, including other jurors, until they commence their deliberations. However, many lawyers, particularly younger lawyers, are not aware that the prohibition against speaking with jurors applies even after trial.  Pursuant to Rule 1:16-1 of... More
  • The Ultimate Weapon In Disputes Between Owners Of Closely Held Companies Copyright: luna123 / 123RF Stock Photo The Appellate Division of the Superior Court of New Jersey recently held that a member of a limited liability company could have his interest involuntarily repurchased even if this remedy was not permitted by the Operating Agreement and even if he is paid nothing for the interest. In All Saints University of Medicine Aruba v. Yusuf, Superior Court of New Jersey Appellate Division Docket No. A-2425-13T1, the Chancery Division found the majority member of a New... More
  • Click Farms: One Of The Latest Forms Of E-Commerce Fraud Copyright: strelok / 123RF Stock Photo One of the latest, and by no means the last, forms of e-commerce fraud is being perpetrated by firms that operate e-commerce websites and others that sell various items online and base their fees on web traffic counts.  This sort of contractual fee provision creates an incentive for the website operator to boost its fees through what is known as “click farms”. A click farm is a group of low paid workers, typically in developing countries,... More
  • New Jersey Supreme Court Takes Hard Line On Disloyal Employees On September 22, 2015, New Jersey’s Supreme Court determined that disloyal employees’ compensation could be disgorged under the Doctrine of Equitable Disgorgement even if the employer has sustained no damages.  In Kaye v. Rosefielde, Supreme Court of New Jersey, Docket No. A-93, September Term, 2013 (September 22, 2015), the Supreme Court held that a disloyal employee’s compensation can be disgorged absent proof of damages to the employer. In Kaye, the disloyal employee was a New York lawyer that was serving as... More
  • Computer Fraud Statutes, Part I Like the RICO Statutes that were originally designed to combat organized crime and soon took on a life of their own by being applied to a wide-range of seemingly legitimate businesses, the New Jersey and federal computer fraud statutes have now vastly exceeded their original purpose of preventing tampering with computers. There are a number of differences between the New Jersey Computer Fraud Statute (N.J.S.A. 2A:38-1) and the federal Computer Fraud Statute (18 U.S.C. § 1030).  In this post I intend... More
  • How Should Clients Act Towards The Other Side At Depositions And In Court Clients often ask how they should interact with the adverse party at depositions and in court.  Although there are many different circumstances that could lead to a different answer to this question, I generally advise clients to treat the adverse party as a business acquaintance. Copyright: lenor / 123RF Stock Photo This means saying hello, shaking hands and employing the normal courtesies and etiquette that people typically employ when they interact in a business environment.  This may be difficult for someone who... More
  • Ten Reasons Not To Ask For A Jury Trial Most plaintiff lawyers believe that you should always ask for a jury trial.  The conventional wisdom is that a jury intimidates defendants, particularly insurance companies, and creates the possibility of a higher verdict than in a bench trial. However, this is not always true.  In many cases you are better off without a jury even as a plaintiff. Copyright: moodboard / 123RF Stock Photo Here are ten reasons why you may want to avoid a jury trial: Your client is not likeable; The defendant is... More
  • How Technology Has Changed Closing Arguments Although I have never been on the cutting edge of technology, I have come to realize the importance of technology when trying cases. If you try a commercial case before a jury you run the real risk of losing juror interest.  The use of technology in the form of placing on a television or projection screen copies of exhibits that have been admitted into evidence is very helpful to presenting your case and keeping the jurors interested. Copyright: moodboard / 123RF Stock... More