New Jersey

Expert Analysis

• Attorneys Beware: Zoom Depositions Are Likely Inadmissible

  

  As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

• NJ Policyholders Could Still See Recovery For COVID Losses

  

  Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

• Opinion

  NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

  

  The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

• Law Firm Talent Must Reflect Shifting US Demographics

  

  Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

• Ruling Shows Medicare Confusion Can Lead To Costly Results

  

  A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.

• Baby Food Contamination Cases Face Class Action Hurdles

  

  Claims of adulterated baby food products have led to putative class actions around the country, but they involve different products, different companies, different state laws and different specific allegations, creating significant obstacles to class certification, say attorneys at Phillips Lytle.

• Opinion

  Judges Should Foster Diversity In MDL Leader Appointments

  

  Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• How Trade Dress Law Has Evolved During COVID

  

  As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

• NextEra Ruling Could Support Initial-Bidder Expense Claims

  

  The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• US Offshore Wind Poised For Growth, But Challenges Remain

  

  Recent Biden administration policy moves signal strong support for offshore wind power development on both the Atlantic and Pacific coasts, but wind projects will need to overcome a number of logistical hurdles to achieve emissions reduction goals, says Tyler Williams at Covington.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

• Predictions On Pandemic's Lasting Impact On Legal Education

  

  The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.