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"Prolonged Litigation Can Constitute Implicit Waiver of Right to Arbitrate," Business Litigation Department, September 25, 2013 (Calvin K. May)

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"Delaware Supreme Court Expands Class Action Tolling," Business Litigation Alert, August 2, 2013 (Jason R. Halpin)

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"Delaware Corporations May Enact Bylaws Requiring Litigation to be Venued in Delaware Courts," Business Litigation Alert, July 8, 2013 (Anastasia S. Gellman)

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"Be Careful What You Wish For: Supreme Court Upholds Arbitrator’s “Erroneous” Class Arbitration Ruling," Business Litigation Alert, June 19, 2013 (Michael R. McDonald)

"Delaware Supreme Court Holds Valid International Forum Selection Clause Dispositive in Determining Jurisdiction," Business Litigation Alert, June 11, 2013 (Christian A. Stueben)

"The Foreign Trade Antitrust Improvements Act: A Recent Take in the S.D.N.Y.," Business Litigation Alert, June 3, 2013 (Kevin R. Reich)

"Rules Committee Considers Change to Evidence Rules," Federal Practice and Procedure Section Newsletter, June 2013 (Jonathan D. Klein)

"Law Division Holds Unfiled Discovery Protected From Common-Law Right of Access," Business Litigation Alert, May 29, 2013 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir, Jonathan D. Klein)

"New Jersey’s Prompt Payment Act Does Not Apply to Contracts for the Upkeep and Maintenance of Land," Business Litigation Alert, May 24, 2013 (Damian V. Santomauro)

"New Jersey Appellate Division Takes “Hands-Off” Approach to Contractual Breaches of the Duty of Good Faith and Fair Dealing," Business Litigation Alert, May 21, 2013 (Christian A. Stueben)

"Supreme Court Rules that FLSA Collective Actions Are Distinct From Rule 23 Class Actions, But Fails to Resolve Circuit Split on Effect of Unaccepted Offers of Judgment," Business Litigation Alert, May 8, 2013 (Jennifer Marino Thibodaux)

"Expert Witness Selection: Choosing an Expert Without the Right Experience Can Be Fatal to a Claim," Business Litigation Alert, May 7, 2013

"Performance of Corrective Work Does Not Extend the Deadline to File Mechanics’ Lien Claims in Pennsylvania," Business Litigation Alert, May 3, 2013 (William G. Frey)

"New York State’s Design Build Statute May Pave the Way for Public Private Partnerships," Business Litigation Alert, May 1, 2013 (Lisa Lombardo, Robert J. MacPherson)

"Factual Allegations in Superceded Complaint Not Judicial Admissions, But May Be Used for Rebuttal Purposes," Business Litigation Alert, April 26, 2013 (Calvin K. May)

"In Comcast, Supreme Court Reinforces Difficult Standard for Obtaining Class Certification," Business Litigation Alert, April 24, 2013 (Michael C. Landis)

"Proposed Amendment to Delaware’s LLC Act Addresses Existence of Default Fiduciary Duties of LLC Managers," National Association of Corporate Directors - New Jersey Chapter web site spotlight, April 23, 2013 (Christopher Viceconte)

"Rejecting Tele Aid, the Third Circuit in Maniscalco v. Brother Holds that the Laws of Consumers’ Home States Apply in Nationwide Class Actions," Business Litigation Alert, April 22, 2013 (Michael R. McDonald)

"Insurers Doing Business in New Jersey are Being Increasingly Precluded from Arbitrating Out-of-State," Business Litigation Alert, April 19, 2013 (Christian A. Stueben)

"Contracting Around the Discovery Rule: The Oregon Court of Appeals Enforces a Clause in a Construction Contract That Defined the Date of Accrual," Business Litigation Alert, April 17, 2013 (Damian V. Santomauro)

"Trade Secrets Litigation: DuPont Wins Property from U.S. Subsidiary as Part of its $920M Damages Award Against the Parent," IP Law Alert, April 16, 2013

"BMW Alleged Battery Defect Putative Class Action Holds a Charge," Business Litigation Alert, April 15, 2013 (Jennifer Marino Thibodaux)

"Not All Wrongs are the Same: The Florida Supreme Court Holds That a Contractor That Knowingly Hires an Unlicensed Subcontractor Can Recover for Breach of Contract Against That Subcontractor," Business Litigation Alert, April 3, 2013 (Damian V. Santomauro)

"New Law Places Stricter Limits on Shareholder Derivative Suits," Business Litigation Alert, April 3, 2013

"E-Discovery in the Class-Action Context: Making the Case for Cost-Shifting," The New Jersey Law Journal, April 1, 2013 (Melissa DeHonney, Damian V. Santomauro)

"Commercial Litigation Department of the Year," New Jersey Law Journal , April 1, 2013

"Copyrighted Designs Afford Basis for Federal Court Claims for Infringement by Architects Seeking Payment for Their Design Drawings," Business Litigation Alert, March 27, 2013 (William G. Frey)

"Third Circuit Makes Approval of Class Action Settlements Including Cy Pres Distributions More Difficult," Business Litigation Alert, March 22, 2013 (J. Brugh Lower)

"Caveat Venditor (Supplier Beware): The Importance of Accurate Accounting When Providing Materials to Contractors Working on Multiple Projects," Business Litigation Alert, March 20, 2013 (Peter J. Torcicollo)

"Third Circuit: Challenges to Contract’s Validity Must Be Arbitrated, But Challenges to Contract’s Formation May Proceed in Court," Business Litigation Alert, March 1, 2013 (John D. Haggerty)

"Ford Can’t Halt All Claims in Alleged Defective Fuel Tank Putative Class Action," Business Litigation Alert, February 14, 2013 (Jennifer Marino Thibodaux)

"A Duty To Inquire Under Lien Law," New Jersey Law Journal, February 11, 2013 (Damian V. Santomauro, Peter J. Torcicollo)

"Third Circuit Finds Waiver of Right to Arbitrate After Ten Months of Litigation," Business Litigation Alert, February 7, 2013 (Michael C. Landis)

"Covenants Not to Sue Are Licenses in Bankruptcy," IP Law Alert, January 29, 2013 (Ralph A. Dengler, David N. Crapo)

"Recent Developments Under New Jersey’s Open Public Records Act," Business Litigation Alert, January 16, 2013 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir, Jonathan D. Klein)

"Third Circuit Clarifies that Reasonable Basis Standard Appropriate Quantum of Proof to Apply Crime-Fraud Exception to Attorney-Client Privilege," Business Litigation Alert, January 9, 2013 (Jonathan D. Klein)

"New York Court Upholds Separate Entity Rule, Quashes Non-Party Subpoenas Seeking Information on Overseas Bank Accounts," Business Litigation Alert, December 19, 2012 (Daniel S. Weinberger)

"Plaintiffs in Moldy Washing Machine Litigation May Proceed as a Class," Business Litigation Alert, December 12, 2012 (Justin T. Quinn)

"2013: Cyber Warfare Confronts The General Counsel," The Metropolitan Corporate Counsel , November 30, 2012 (Kevin G. Walsh, Justin T. Quinn)

"Communication Between Counsel and Client’s Independent Contractors May Be Privileged," Business Litigation Alert, November 28, 2012 (Nikaela B. Jacko Redd)

"Second Circuit Clarifies the Pleading Standard for “Substantial Assistance” in SEC Enforcement Cases Against Aiders and Abettors," Business Litigation Alert, November 21, 2012 (Nikaela B. Jacko Redd)

"District of New Jersey Stays Pay-For-Delay Cases Pending High Court’s Decision in K-Dur," Business Litigation Alert, October 24, 2012 (Christopher Walsh)

"Broader Coverage May Still Be No Coverage At All: The First Department’s Application of the Prior Pending Claim Exclusion," Business Litigation Alert, October 23, 2012 (John T. Wolak)

"Individual Liability in Construction Litigation
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"Lack of Actual Notice Does Not Defeat Policy Exclusion When Insurer Made Sufficient Efforts to Provide Clear and Direct Notice of New Exclusion to Policyholder," Business Litigation Alert, October 15, 2012 (John T. Wolak)

"Third Circuit Affirms Plaintiffs’ Zero-Damages Antitrust Victory, Restricting the Scope of What Constitutes “Reliable” Expert Damages Data," Business Litigation Alert, October 12, 2012 (Kevin R. Reich)

"Third Circuit’s Fair Notice Requirement Protects Defendants from Amended Claims Asserted After Expiration of Statute of Limitations," Business Litgation Alert, October 5, 2012

"Five Years After Twombly: Where Are We Now?," ABA Antitrust Section Joint Conduct Committee E-Bulletin, October 1, 2012 (Kevin R. Reich)

"Pennsylvania Supreme Court Concludes That Dissenting Shareholders’ Post-Merger Recourse Is Limited to Judicial Appraisal," Business Litigation Alert, September 26, 2012 (Scott J. Etish)

"Third Circuit Deflates Run-Flat Tire Class Action Against BMW and Bridgestone," Business Litigation Alert, September 21, 2012 (Jennifer Marino Thibodaux)

"In Victor Stanley v. Creative Pipe, Judge Grimm Says: ‘Go Directly to Jail, Do Not Pass Go ...’ Unless You are Willing to Pay a Lot More Than $200," M&E E-Discovery Alert, September 10, 2012 (John R. Hewitt)

"Second Circuit Holds That a Post-Disclosure Stock Price Rebound Does Not Per Se Preclude Damages for Alleged Federal Securities Fraud," Business Litigation Alert, September 6, 2012 (Paul A. Saso)

"Case Study: SEC v. Apuzzo," August 28, 2012 (Nikaela B. Jacko Redd)

"Second Circuit Reverses Award of Summary Judgment in Price-Fixing Action, Based on Clarification of Matsushita and Examination of Antitrust Causation," Business Litigation Alert, August 23, 2012 (Kevin R. Reich)

"The Open Public Meetings Act and the Board of Governors of Rutgers," Business Litigation Alert, August 15, 2012 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"New Amendments to New Jersey Court Rules Will Make Orders Denying Arbitration Immediately Appealable," Business Litigation Alert, August 13, 2012 (Victoria K. Pérez)

"United States District Court for the District of New Jersey Finds Franchisee’s Felony Conviction is Not a Valid Basis for Immediate Termination of a Franchise Agreement Under the New Jersey Franchise Practices Act When the Crime is Not “Directly Related to the Business Conducted Pursuant to the Franchise”," Business Litigation Alert, August 9, 2012 (Robert C. Brady)

"Third Circuit Sets High Bar for Proof of Price-Fixing, Affirms Dismissal on Summary Judgment Based on Twombly," Business Litigation Alert, August 6, 2012 (Kevin R. Reich)

"New York Appeals Court Allows Grouping of Claims to Avoid Individual Deductibles," Business Litigation Alert, July 18, 2012 (John T. Wolak, Anastasia S. Gellman)

"Second Circuit Rejects “Novel” Argument That Putative Class Action Plaintiff Has Article III Standing to Sue “Juridically Linked” Defendants Who Did Not Cause Her Any “Injury-In-Fact”," Business Litigation Alert, July 16, 2012 (Melissa DeHonney)

"Third Circuit Concludes that Tying Arrangement Does Not Violate New Jersey’s Truth-in Consumer Contract, Warranty, and Notice Act," Business Litigation Alert, July 12, 2012 (Kevin R. Reich)

"Appellate Judge Speaks On the Benefits of ADR," The Metropolitan Corporate Counsel, July/August 2012 (Edwin H. Stern)

"Change To Appellate Brief Format Currently Under Consideration," Bar Association for the Third Federal Circuit Newsletter, June 30, 2012 (Jonathan D. Klein)

"New Jersey State Courts Enter the E-Discovery Arena in Earnest; Award Sanctions for Email Spoliation," Business Litigation Alert, June 29, 2012 (Kevin W. Weber)

"Second Circuit Finds No Anti-Competitive Conduct in Eatoni v. RIM, Applies “Manifest Disregard of the Law,” Post-Hall Street," Business Litigation Alert, June 28, 2012 (Kevin R. Reich)

"The Clock Is Ticking - Or Is It?," New Jersey Law Journal, June 18, 2012 (Peter J. Torcicollo, Damian V. Santomauro)

"Third Circuit Denies Federal Antitrust Standing to Hospitals Purchasing Products Through Distributors Despite Contract Between Manufacturer and Hospitals’ Group Purchasing Organization," Business Litigation Alert, June 15, 2012 (Christopher Walsh)

"Plaintiff Limited to Nominal Presumed Damages in Defamation Case Absent Proof of Actual Harm," Business Litigation Alert, June 12, 2012 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"Third Circuit Rejects Volkswagen Class Settlement for Fundamental Intra-Class Conflict in Consumer Fraud Class Action," Business Litigation Alert, June 8, 2012 (Michael R. McDonald)

"Third Circuit Affirms Dismissal of Off-Label Marketing Actions Against Schering for Lack of Standing," Business Litigation Alert, May 31, 2012 (Michael R. McDonald, Eugene H. Kim)

"The Inferior Statutory Penalty Class Action," New Jersey Law Journal - Complex Litigation & E-Discovery, May 21, 2012 (Michael R. McDonald, Damian V. Santomauro)

"Third Circuit Affirms Bankrupt Asbestos Defendants’ Transfer of Insurance Recovery Rights to Personal Injury Trusts Notwithstanding Insurance Policies’ Anti-Assignment Provisions," Business Litigation Alert, May 18, 2012 (Natasha Songonuga, Christopher Viceconte)

"An Uncertain Future for 'Neither Admit nor Deny' Settlements," American Bar Association, Section of Litigation, May 10, 2012

"Third Circuit Rules that Car Manufacturers’ Wholesale Price Increases Designed to Recover Warranty Costs to Dealers is Consistent with New Jersey Franchise Protection Act," Business Litigation Alert, May 4, 2012 (Jonathan D. Klein)

"New Jersey Appellate Division Holds That the Entire Controversy Doctrine Does Not Reach Tangentially-Related Claims Pending in Another Court, Despite Common Facts," Business Litigation Alert, April 30, 2012 (Kevin W. Weber)

"Failure to Strictly Comply With the Express Terms of the Notice Provisions in a Claims-Made Insurance Policy Will Forfeit Available Coverage," Business Litigation Alert, April 26, 2012 (Nikaela B. Jacko Redd)

"Consent to Class Arbitration: What is the Meaning of “Silence?”," Business Litigation Alert, April 24, 2012 (Michael R. McDonald, Damian V. Santomauro)

"Ninth Circuit Reverses Itself, Withdraws Opinion Which Held that Magnuson-Moss Warranty Act Prohibits Mandatory Arbitration in Warranties," Business Litigation Alert, April 19, 2012 (Michael R. McDonald)

"New Jersey Appellate Division Limits Application of Parol Evidence Rule in Fraudulent Inducement Cases and Finds that Unsophisticated Fraud Claimant Can Only Be Charged With His Actual Knowledge," Business Litigation Alert, April 17, 2012 (Christopher Walsh)

"Third Circuit Rejects Employee’s Unconscionability Arguments in Compelling Arbitration," Business Litigation Alert, April 4, 2012

"Summary Judgment and the Actual Malice Standard in Defamation Cases," Business Litigation Alert, March 27, 2012 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"Third Circuit Holds that Injunctive-Relief-Only Class Cannot Be Certified Where Plaintiffs Based the Threat of Future Harm on Irrational Consumer Behavior," Business Litigation Alert, March 23, 2012 (Melissa DeHonney)

"New Jersey Appellate Division Finds That a Demand for Arbitration or Mediation Constitutes the “First-filed” Action for Comity Purposes," Business Litigation Alert, March 15, 2012

"Navigating the Winding Road of Pennsylvania Privilege Law," The Legal Intelligencer, March 14, 2012 (Stephen J. Finley, Jr., Madeline M. Sherry)

"Victory for Accountants: Accountant Third-Party Liability Based on Third-Party’s Access to Accountants’ Work Product Arises Only When Accountant is Explicitly Informed at Outset of Engagement that Third Party Will Rely on Accountant’s Work," Business Litigation Alert, March 12, 2012 (Jonathan D. Klein)

"The Southern District of New York and the District of Delaware Restore Order to a Chaotic Post-Stern Landscape," Business Litigation Alert, March 7, 2012 (Brett S. Theisen)

"Case of Interest Khan v. Dell, Inc., No. 10-3655," Bar Association for the Third Federal Circuit Newsletter, March 2012 (Jonathan D. Klein)

"The Battle for Swiss Banking Traditions," Law 360, March 1, 2012 (William M. Moran)

"Allen v. V & A Bros., Inc.: The Expansive Reach of the Consumer Fraud Act Extends to Company Officers and Employees," New Jersey State Bar Association, Construction Law Section Newsletter, March 2012 (Damian V. Santomauro)

"Second Circuit Holds That Concepcion Preemption Analysis Does Not Apply to Federal Statutory Claims, Rejecting Class Action Waiver in Arbitration Agreement Where Individual Plaintiffs Would Be Left Unable to Vindicate Their Rights," Business Litigation Alert, February 24, 2012 (Melissa DeHonney)

"Best Practice for Retention of Federal Jurisdiction to Enforce a Settlement Agreement," Business Litigation Alert, February 17, 2012 (Anthony A. Dean)

"Third Circuit, En Banc, Approves Settlement Class Containing Members Who Lack “Viable Claim”," Business Litigation Alert, February 14, 2012 (Jennifer Marino Thibodaux)

"New Jersey Chancery Division Determines Insurance Agents are Not Franchises for Purposes of the New Jersey Franchise Practices Act," Business Litigation Alert, February 10, 2012 (Robert C. Brady)

"Bankruptcy Court Service of Process Rules Set Traps for the Unwary," Business Litigation Alert, February 6, 2012

"Third Circuit Enforces Arbitration Provision in Consumer Contract Where Designated Arbitral Forum is Unavailable," Business Ligitation Alert, January 30, 2012

"IP and Chapter 11 Intersection: Kodak Files for Bankruptcy," IP Law Alert, January 19, 2012 (Mark Conlan, Ralph A. Dengler, Brett S. Theisen)

"Development of an Attorney-Expert Privilege? The Impact of Barrick v. Holy Spirit Hospital," The Legal Intelligencer, January 17, 2012 (Stephen J. Finley, Jr., Madeline M. Sherry)

"Effectively Proving “Foreign” Law in U.S. Litigation," German American Chamber of Commerce, Inc. Legal & Tax Newsletter, December 2011 (Thomas R. Valen)

"Southern District of New York Implements Pilot Program to Govern Pretrial Procedures in Complex Civil Cases," Business Litigation Alert, December 22, 2011 (Daniel S. Weinberger)

"Pennsylvania Appellate Court Finds No Bad Faith When Insurer Demands Examination Under Oath of Insured’s Indicted Principal," Business Litigation Alert, December 13, 2011 (William G. Frey)

"Lack of Standing and Choice-of-Law Rules Doom Nationwide Consumer Fraud Class Action Against BMW," Business Litigation Alert, November 23, 2011 (Michael R. McDonald)

"Negotiated Sale of Customized Computer to Sophisticated Business Is Not a Sale of “Merchandise” Within the Meaning of the New Jersey Consumer Fraud Act," Business Litigation Alert, November 15, 2011 (Damian V. Santomauro)

"Fee Awards Under New Jersey Consumer Fraud Act Permitted Despite Failure to Show Ascertainable Loss at Trial," Business Litigation Alert, November 8, 2011 (Jennifer Marino Thibodaux)

"Third Circuit: In Pennsylvania, Creditors’ Deepening Insolvency Claims Still Fair Game," Business Litigation Alert, November 4, 2011 (Dale E. Barney)

"Ninth Circuit Rules that Magnuson-Moss Warranty Act Prohibits Mandatory Arbitration in Warranties, Creating a Circuit Split," Business Litigation Alert, November 1, 2011 (Michael R. McDonald)

"Creditors of Insolvent Delaware Limited Liability Companies Lack Standing to Pursue Derivative Claims," Business Litigation Alert, October 28, 2011 (Christopher Viceconte)

"Representations That Product’s Effectiveness is “Clinically Proven,” Though Not “Puffery,” Fail to Support State New Jersey Consumer Fraud Act and Implied Warranty Claims," Business Litigation Alert, October 25, 2011 (Michael R. McDonald)

"Third Circuit Adopts Later-Served Defendant Rule for Removal Petitions in Multi-Defendant Cases," Business Litigation Alert, October 21, 2011 (Jennifer A. Hradil)

"New Jersey Trial Court Can Sua Sponte Reconsider and Vacate Interlocutory Summary Judgment," Business Litigation Alert, October 18, 2011

"Beware of Mutual Demand for Attorneys’ Fees in Arbitration Proceedings in Jurisdictions (Such as New York) Which Permit Award in the Absence of Statute or Agreement if Both Parties Demand Fees," Business Litigation Alert, October 14, 2011 (Jennifer A. Hradil)

"No Class Certification in Consumer Fraud Case When Lead Plaintiff Seeks to Recant Critical Allegations in Complaint," Business Litigation Alert, October 11, 2011 (Christopher Walsh)

"Third Circuit Addresses Tension Between Rules 8(a) and 9(b), Concluding That False Claims Act Plaintiffs Were Required to Meet Twombly/Iqbal Standard When Alleging Knowledge," Business Litigation Alert, October 4, 2011 (Melissa DeHonney)

"Minority Shareholders Not Precluded From Seeking Damages for Majority Shareholders’ Post-Merger Breaches of Fiduciary Duty," Business Litigation Alert, September 30, 2011 (Scott J. Etish)

"Recent Decisions Limit Claims Against Foreign Corporations, But Not U.S. Discovery Rules," German American Chamber of Commerce, Inc.'s Legal & Tax Newsletter, 2011 (Jeffrey L. Nagel)

"No Right of Access Under OPRA to Unfiled Discovery in NJDEP Litigation But Right of Access May Exist Under Common Law," Business Litigation Alert, September 27, 2011 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"Delaware Supreme Court Endorses Reasonable “Conceivability” on Motion to Dismiss Over Twombly-Iqbal’s “Plausibility” Standard," Business Litigation Alert, September 23, 2011 (Christopher Viceconte)

"No Class Certification When Class Members Can Obtain Adequate Statutory Damages in Small Claims Court," Business Litigation Alert, September 19, 2011 (Christopher Walsh)

"Limited Partners May Be Liable for Partnership’s Obligations Under Traditional Veil-Piercing Standards," Business Litigation Alert, September 19, 2011 (Christopher Walsh)

"Corporate Officers and Employees May Be Liable for Corporation’s Violations of Consumer Fraud Act," Business Litigation Alert, September 19, 2011 (Christopher Walsh)

"AT&T Mobility Permits Nullification of Arbitration Agreements Containing Class-Action Waivers When Agreements are so Ambiguous and Internally Inconsistent that Mutual Assent is Lacking," Business Litigation Alert, September 19, 2011 (Christopher Walsh)

"The District of New Jersey Refuses to Extend Twombly and Iqbal’s Heightened Pleading Standards to Affirmative Defenses," Business & Commercial Litigation Newsletter, June 21, 2011

"Supreme Court Provides Guidance on Duty to Disclose Adverse Events," Business & Commercial Litigation Newsletter, June 21, 2011

"The Death Knell for Consumer Class Actions?
The Supreme Court Rules That Class Waivers in Consumer Arbitration Agreements are Enforceable and May Not Be Invalidated on the Grounds of State Law Unconscionability
," Business & Commercial Litigation Newsletter, June 21, 2011 (Damian V. Santomauro, Jennifer Marino Thibodaux)

"One Step Forward, Two Steps Back," Law 360, May 18, 2011 (William M. Moran)

"Full Court Press," New Jersey Law Journal, May 16, 2011 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"Delaware’s ‘Pro-stockholder’ Lambrecht Decision Actually Raises the Bar for Some Double Derivative Stockholders,", May 2011 (William M. Moran)

"Construction Law Update: Case Law & Legislation Affecting the Construction Industry (2010-2011)," Forum on the Construction Industry, 2010-2011 (Damian V. Santomauro)

"Open Government Guide - New Jersey Section," Reporters Committee for Freedom of the Press, April 2011 (Thomas J. Cafferty, Nomi I. Lowy, Lauren James-Weir)

"A Re-examination of the Third Circuit's Open Policy Toward the Submission of Amicus Curiae Briefs in Light of the Government's Recent Advocacy in Other Circuits of a More Restrictive Standard," Bar Association for the Third Federal Circuit Newsletter, Spring 2011 (Jed Goldstein)

"Hydraulic Fracturing & Cooperative Federalism: Injecting Reality into Policy Formation," Seton Hall Law Review, Vol. 42, Spring 2011 (Gianna Cricco-Lizza)

"Shaking the Arbitration Blues," New Jersey Law Journal, March 28, 2011 (Robert J. MacPherson)

"Robertet Flavors, Inc. v. Tri-Form Construction, Inc.: The New Jersey Supreme Court Sets Guidelines Addressing Spoliation of Evidence in Construction Defect Cases," Construction Law Section Newsletter, Vol. 15 No. 2, March 2011 (Damian V. Santomauro)

"Does 9/11 Justify a War on the Judicial Branch?," Rutgers Law Review, Volume 63, Issue 4, February 3, 2011 (John J. Gibbons)

"Independence in the Interim: The New Jersey Judiciary's Lost Legacy," 36 Seton Hall Legis. J. 131, 2011 (Caroline E. Oks)

"Will the Supreme Court Knock Tobacco Advertising Out of the Park for Good?: The Commercial Speech Implications of the Family Smoking Prevention and Tobacco Control Act," 21 Seton Hall J. Sports & Ent. L. 533, 2011 (Kate E. Janukowicz)

"Risk Evaluation When Doing Business Abroad," ALI-ABA, December 21, 2010 (Jeffrey L. Nagel)

"Third Circuit Appellate Practice Manual," Penn. Bar Inst., 2d ed., 2010 (Co-authored, Criminal Appeals)

"Create Your Own Arbitration Provision: Two Recent Supreme Court Decisions Emphasize That Parties Have the Freedom to Define the Nature and Scope of Their Agreement to Arbitrate," The National Law Review, November 29, 2010 (Damian V. Santomauro, Jennifer Marino Thibodaux)

"Deciphering a Shareholder’s Right to Inspect Corporate Books and Records," New Jersey Law Journal, November 1, 2010 (Jonathan S. Liss)

"The Complex Interplay Between Rule 23 and State Laws," For the Defense, September 2010 (Michael R. McDonald, Damian V. Santomauro)

"Putting Legal Muscle Behind a Contract: Giving Teeth to Enforceable Agreements," Commerce, September 2010 (Fruqan Mouzon)

"The Fair Debt Collection Practices Act Does Not Excuse a Good-Faith Mistake of Law," Business & Commercial Litigation Newsletter, June 8, 2010 (Robert C. Brady)

"Shady Grove Orthopedic Associates, P.C. v. Allstate Insurance Co.: The United States Supreme Court’s Erie Jurisprudence Remains as Unsettled as Ever," Business & Commercial Litigation Newsletter, June 8, 2010 (Damian V. Santomauro, Victoria K. Pérez)

"Hertz v. Friend: The Supreme Court Adopts the “Nerve Center” Test to Determine a Corporation’s Principal Place of Business for Purposes of Diversity Jurisdiction," Business & Commercial Litigation Newsletter, June 8, 2010 (Business & Commercial Litigation Department)

"Federal Appellate Trap For The Unwary: The Tenth Circuit Rules in Vanderwerf v. SmithKline Beecham Corp. That the Deadline for Filing a Notice of Appeal Was Not Suspended After Plaintiffs Withdrew Their Motion for Reconsideration," Business & Commercial Litigation Newsletter, June 8, 2010 (Victoria K. Pérez)

"A Federal Court May Not Place the Burden of Proof on a Subsidiary to Prove That it Does Not Have Control of Documents in the Possession of its Parent Corporation," Business & Commercial Litigation Newsletter, June 8, 2010 (Michael R. McDonald, Damian V. Santomauro)

"Mandatory Arbitration in Construction Payment Disputes," New York Law Journal, April 20, 2010 (Robert J. MacPherson, Neal M. Eiseman)

"Consolidation of Separate Arbitrations," New Jersey State Bar Association, Construction Law Section, April 2010 (Damian V. Santomauro)

"Carefully Drafted Indemnification Clauses Provide Significant Protections to Construction Contract Parties," New Jersey Law Journal, March 22, 2010 (Damian V. Santomauro, Robert J. MacPherson)

"Obtaining Class Certification in New Jersey Just Became an Even More Daunting Task," CADS Report, Section of Litigation, American Bar Association, Winter 2010 (Michael R. McDonald, Anthony M. Gruppuso)

"Cyberspace “Friend” or Foe?: Ethics Jurisprudence From Various Jurisdictions Affects Whether Lawyers Should “Friend” Witnesses Online," E-Discovery Alert, October 8, 2009 (Jennifer Marino Thibodaux)

"Friend or Foe: Ethical Issues for Lawyers to Consider When 'Friending' Witnesses Online," New Jersey Law Journal, August 31, 2009 (Jennifer Marino Thibodaux, Mara E. Zazzali-Hogan)

"Be Wary of Termination for Convenience Clauses Providing Owners Wide Latitude to Walk Away From Contracts in a Weak Market," AGC NYS Cornerstone, Summer 2009 (Lisa Lombardo)

"Sery, et al. v. Federal Business Centers, Inc., et al.: Minority Shareholders In A Close Corporation Cannot Act In Bad Faith To Destroy The Corporation’s Subchapter S Status," Business & Commercial Litigation Alert, July 2009 (Damian V. Santomauro)

"Raising The Bar: Obtaining Certification Of A Nationwide Class In A Tort Action Brought In New Jersey State Or Federal Court Just Became An Even More Daunting Task," Business & Commercial Litigation Alert, July 2009 (Michael R. McDonald, Anthony M. Gruppuso)

"Ashcroft v. Iqbal -- The Supreme Court Confirms Application of Twombly's Heightened Pleading Standard to All Civil Matters," Business & Commercial Litigation Alert, July 2009 (Robert C. Brady)

"Verni v. Lanzaro, et al.: Placing A Settlement On The Record May Create Obstacles To Confidentiality," Business & Commercial Litigation Alert, July 2009

"What’s Left Of The “Manifest Disregard” Standard Of Review Of Arbitration Awards: All Of It If You’re In The Second Circuit; Who Knows If You’re In The Third Circuit," Business & Commercial Litigation Alert, July 2009 (Christopher Walsh)

"Meeting the Pleading Requirements of the Foreign Trade Antitrust Improvements Act in a Post-Twombly World," Business & Commercial Litigation Alert, July 2009 (Christopher Walsh)

"Ponzi Schemes: Making Sense of the Madoff Mess," Commerce, June 2009 (Michael R. Griffinger, Eugene H. Kim)

"ESI Preservation Efforts Exposed," New Jersey Law Journal, May 18, 2009 (Phillip J. Duffy, Melissa DeHonney)

"A ‘Sea Change’ for Collective Bargaining as the U.S. Supreme Court Permits Unions to Agree to Arbitration for Discrimination Claims," Alternatives, May 2009 (Christopher Walsh)

"Litigation in 2009: Creative Strategies Creating Opportunity Anything Other Than Business as Usual," Corporate & Finance Alert, April 7, 2009 (Frederick W. Alworth)

"U.S. Discovery For Assistance to Foreign and International Tribunals: Case Law Following Intel v. Advanced Micro Devices (Die US-amerikanische Discovery als Rechtshilfe für ausländische und internationale Tribunale)," Recht der Internationalen Wirtschaft, April 2009 (Terry Myers, Thomas R. Valen, Rechtsassessor Piet Weinreich)

"What Lies Ahead," New Jersey Law Journal, March 30, 2009 (Christopher Walsh)

"A New Framework for Deciding Conflict of Law Disputes," New Jersey Law Journal, March 23, 2009 (Damian V. Santomauro, Melissa DeHonney)

"First Amendment Challenge to Restaurant Chain Calorie Disclosure Law Rejected," MLRC MediaLawLetter, March 2009

"FTAIA Compliance in a Post-Twombly World," Law360, February 13, 2009 (Christopher Walsh)

"Using Rule 2:12A to Certify Questions of Law," New Jersey Law Journal, February 9, 2009 (James R. Zazzali)

"Stolt-Nielsen’s Comfort for the ‘Average Arbitrator’: An Analysis of The Post-Hall Street ‘Manifest Disregard’ Award Review Standard," Alternatives, February 2009 (Christopher Walsh)

"Current Trends in Litigation under the Alien Tort Statute: U.S. Judicial Treatment of the Law Following Sosa v. Alvarez-Machain (Aktuelle Trends in Schadensersatzverfahren unter dem Alien Tort Statute (ATS): Entscheidungen der U.S.-Bundesgerichte im Gefolge von Sosa v. Alvarez-Machain)," Journal for European Law, International Private Law & Comparative Law (Zeitschrift für Europarecht, Internationales Privatrecht & Rechtsvergleichung), Feb. 2009 (Translated for publication into German) (Terry Myers, Thomas R. Valen)

"Treat Attorneys the Same as Other Professionals," New Jersey Law Journal, January 19, 2009 (Fruqan Mouzon)

"Revisions in New Jersey’s Construction Lien Law Will Impact Contractors, Owners and Developers," Commerce, January 2009 (Lisa Lombardo)

"Providing Meaningful Judicial Review of Municipal Redevelopment Designations: Redevelopment in New Jersey Before and After Gallenthin Realty Development, Inc. v. Borough of Paulsboro," 40 Rutgers L.J. 451, 2009 (James R. Zazzali, Co-author)

"Arbitration Agreements: Enforcement With Enhanced Judicial Review," New Jersey Lawyer, November 3, 2008 (Christopher Walsh)

"New identity theft laws taking effect Nov. 1," New Jersey Lawyer, October 20, 2008 (Frederick W. Alworth, Jennifer Marino Thibodaux)

"Forgive us our Trespasses: The Need for Federal Expungement Legislation," 39 U. Mem. L.Rev. 1, (2008) (Fruqan Mouzon)

"Obstacles to Certification of Medical Monitoring Class Actions," New Jersey Law Journal, June 16, 2008 (Michael R. McDonald, Damian V. Santomauro)

"Go Forth and Infringe No More?: Dischargeability in Bankruptcy and Willful Patent Infringement," The Metropolitan Corporate Counsel, June 2008 (E. Evans Wohlforth, Jr.)

"New Jersey's Computer Related Offenses Act Provides an Opportunity to Recover Attorneys Fees and Investigation Costs in Business and Employment Litigation," NJCCA Newsletter, June 2008 (Frederick W. Alworth, Lisa Lombardo)

"Frustrations of an Intermediate Appellate Judge (And the Benefits of Being One in New Jersey)," 60 Rutgers Law Review 971, Summer 2008 (Edwin H. Stern)

"Record Keeping and Advertising Chapters of the PLI Broker-Dealer Regulation Treatise," PLI, 2008 (John R. Hewitt)

"Unsuccessful Campaign Finance Reform: The Failure of New Jersey’s 2004-2005 Pay-to-Play Reforms to Curb Corruption and the Appearance of Corruption," 38 Seton Hall L. Rev. 1443 (2008) (cited by Communications Workers of Am. v. Christie, 413 N.J. Super. 229 (App. Div. 2010)), 2008 (Kevin W. Weber)

"The Ethics of Ghostwriting: The American Bar Association’s Formal Opinion 07-446 and Its Effect on Ghostwriting Practices in the American Legal Community," 21 Geo. J. Legal Ethics 765, 2008 (Lindsay E. Hogan)

"The Whys and Hows of Permanent Disbarment: New Jersey’s Wilson Rule," 21 Geo. J. Legal Ethics 311, 2008 (James R. Zazzali)

"Getting ESI Evidence Admitted: Lorraine v. Markel American Insurance Co.," The Metropolitan Corporate Counsel, December 2007 (Jeffrey L. Nagel)

"Want Your Adversary to Pay Your Attorneys' Fees and Investigate Costs in Business Litigation? Maybe New Jersey's Computer Related Offenses Act Can Help!," The Metropolitan Corporate Counsel, October 2007 (Frederick W. Alworth, Lisa Lombardo)

"EMTALA: Protecting Patients First by Not Deferring to the Final Regulations," 4 Seton Hall Cir. Rev. 149, Fall 2007 (Victoria K. Pérez)

"Make an Offer Your Adversary Can't Refuse," New Jersey Law Journal, August 20, 2007 (Jason R. Tuvel)

"Stock Options Backdating - Legal or Illegal?," The Commercial Law Connection, Volume 4, Issue 2, July 1, 2007 (Amy J. Metzger)

"Predatory Purchasing: Part II," Inside Supply Management, May 2007 (Anthony A. Dean)

"New Jersey Supreme Court Addresses Proof and Evidence Issues in Retaliation Case," Employment & Labor Law Alert, March 8, 2007 (Richard S. Zackin)

"Sixth Circuit Court of Appeals Holds that a Release With a No-Obligation-to-Rehire Provision Bars Age Discrimination Claim Arising After Execution of the Release," In-Sites, March 8, 2007 (Richard S. Zackin)

"The Expansion of the Subordinate Bias Liability Theory Under Title VII - The "Cat's Paw" Grows Nails," Employment & Labor Law Alert, March 8, 2007

"Protecting Employers from Negative Employee Blogs," New Jersey Business, February 2007

"Predatory Purchasing: Part I," Inside Supply Management, February 2007 (Anthony A. Dean)

"Branded Drug Reformulation: The Next Brand vs. Generic Antitrust Battleground," Food and Drug Law Journal, Volume 62, Number 1, 2007 (Guy V. Amoresano)

"International Human Rights: An Overview: Annual Vanderbilt Address to the New Jersey Alumni of Harvard Law School," 36 Seton Hall L. Rev. 661, 2007 (James R. Zazzali)

"Avoiding the Legal Risks of Hosting a Blog," The Antenna, November 2006

"Expansive Interpretation of RISA," New Jersey Law Journal, October 16, 2006 (Michael R. McDonald)

"New Jersey Limited Liability Companies," New Jersey Volunteer Lawyers for the Arts, August 3, 2006

"Coordinating with Outside Counsel: When In-House Counsel Should Use Outside Counsel, and What Makes for a Smooth Collaboration Between the Two," The Metropolitan Corporate Counsel, August 2006

"Redefining 'Ascertainable Loss'," New Jersey Law Journal, March 20, 2006 (Michael R. McDonald)

"New Jersey Estate Litigation," New Jersey Law Journal Books, 2006- (Michael R. Griffinger, Paul F. Cullum III)

"Open Government Guide," Reporters’ Committee for Freedom of the Press, 2006 (Nomi I. Lowy, Co-Author, “Open Records and Meetings Law in New Jersey” Chapter)

"Open Government Guide," Reporters Committee for Freedom of the Press, 2006 (Thomas J. Cafferty, Co-Author, “Open Records and Meetings Laws in New Jersey” Chapter)

"Pruning Paracopyright Protections: Why Courts Should Apply the Merger and Scènes à Faire Doctrines at the Copyrightability Stage of the Copyright Infringement Analysis," 3 Seton Hall Cir. Rev. 303, 2006

"Legal Bases for Claims by Liability Insurers Against Defense Counsel for Malpractice," The Brief, Volume 35, Issue 2, January 1, 2006 (Sean P. Mahoney, William H. Black, Jr.)

"Gibbons on Federal Practice in New Jersey," New Jersey Institute for Continuing Legal Education, November 30, 2005 (Phillip J. Duffy, William P. Deni, Jr., Jennifer A. Hradil, Richard S. Zackin)

"Covenants Not to Compete," Employment Litigation in New Jersey Volume 2, November 30, 2005 (Christopher Walsh)

"Has the New Jersey Supreme Court Quietly Reigned in Consumer Fraud Class Actions?," Class Action Reports, November 30, 2005 (Michael R. McDonald)

"Beyond the Billable Hour," GC NY, November 14, 2005 (Patrick C. Dunican Jr., Stephen R. Reynolds)

"The Internal Investigation: Whether to Use Inside or Outside Counsel," Boardroom Briefing: Corporate Internal Investigations, July 2005

"Employer Not Liable For Constructive Discharge For Suggesting That Employee Resign," The Employment and Labor Law Alert, May 11, 2005 (The Employment Law Department)

"Class Litigants Face Tougher Forum - Will closer scrutiny by federal judges curb costs?," New Jersey Law Journal, April 25, 2005 (Guy V. Amoresano, Michael R. McDonald)

"California Statute Mandates Sexual Harassment Training For Employees," The Employment and Labor Law Alert, March 15, 2005 (The Employment Law Department)

"Creating a Sound Joint-Purchasing Facility," Inside Supply Management, February 2005 (Anthony A. Dean)

"Can Interim Counsel Fees Be Subject to Disgorgement?," The Legal Intelligencer, January 2005

"Discovery Desk Book for Construction Disputes," ABA Publishing, 2005 (Robert J. MacPherson)

"Court Bars Redundant State Court Action -- Plaintiffs May Not Recast Classic Antitrust Claims as Consumer Fraud Act Claims," New Jersey Law Journal, December 13, 2004 (Guy V. Amoresano)

"Mandatory Arbitration Provisions When Deemed Unconscionable May Invalidate Entire Agreement to Arbitrate," The Employment and Labor Law Alert, August 17, 2004 (The Employment Law Department)

"New Jersey Department of Environmental Protection Changes Policy Regarding Letters of Non-Applicability," Corporate & Finance and Business Advisor Alerts, April 27, 2004 (Michael J. Lubben, Arthur J. Clarke)

"The Secured Lender's State Law Remedies on Default: A Practical Approach to Foreclosure and Replevin," The Business Advisor, March 16, 2004 (Dale E. Barney)

"Lenders Beware! The Enforceability of Early Termination Provisions in Bankruptcy Court," The Business Advisor, March 16, 2004 (Financial Restructuring & Creditors' Rights Department)

"Representing the Asset Purchaser in Chapter 11," Pennsylvania Bar Institute, March 2004

"Unreasonable Search & Seizure," 35 Rutgers Law Journal 1549, November 30, 2003 (Scott J. Etish)

"Trade Creditors' Best Defenses to Preference Actions: What to Look For," The Business Advisor, October 7, 2003 (Dale E. Barney)

"Are All Administrative Creditors Equal?," The Business Advisor, April 11, 2003 (Shira B. Rosenman)

"Alternative Dispute Resolution Processes and the Bankruptcy Courts," The Business Advisor, April 11, 2003 (Shira B. Rosenman)

"Congressional Redistricting in New Jersey," Seton Hall Law Review - Volume Thirty-Two, Number Four, 2003 (Nomi I. Lowy)

"Comparison of the Federal Court's and the New Jersey Supreme Court's Treatment of Free Speech on Private Property: Where Won't We Have the Right to Speak Next?," Rutgers Law Journal, 2002

"50 State Public Construction Law Source Book," CCH Incorporated, 2002 (Robert J. MacPherson)

"Vouchers, Tuition Tax Credits and Scholarship-Donation Tax Credits: A Constitutional and Practical Analysis," 31 Stetson L. Rev. 165, 2002 (William G. Frey)

"Confidentiality and Non-Compete Agreements: Drafting and Counseling Issues," 24 Corporate & Business Law Section Newsletter 13, New Jersey State Bar Association, March 31, 2001 (Christopher Walsh)

"Sticks and Bricks, A Practical Guide to Construction Technology," ABA Publishing, 2001 (Robert J. MacPherson)

"Refining the Combustion Mixture: Environmental Federalism and Oxygenated Gasoline in Exxon Mobil Corp. v. EPA," 12 Vill. Envtl. L.J. 331, 2001 (Sean P. Mahoney)

"Employers Gain Weapon Against Weekend Raiders," 10 New Jersey Lawyer 2061, November 30, 2000 (Christopher Walsh)

"New Jersey Ruling Increases Trade Secret Protection," Counsel's Advisory, Washington Legal Foundation, December 15, 2000 (Christopher Walsh)

"The Earthweb Trap," 161 New Jersey Law Journal 805, November 30, 1999 (Christopher Walsh)

"State Constitutional Law and Education: Abbott v. Burke," Rutgers Law Journal, January 1, 1999

"New York Construction Law Manual," West Publishing, 1998 (Robert J. MacPherson)

"Securities Practice & Electronic Technology Treatise," ALM, 1998 (John R. Hewitt)

"New Jersey High Court Vaporizes Forum-Selection Clause," Franchising Business and Law, Vol. 2, No. 11, July 31, 1996

"New Technology in the New Jersey Federal Courtrooms," New Jersey Lawyer, the Magazine, Pg. 15 , July/August 1996 (Michael R. Griffinger)

"Releases Can Minimize Litigation Arising From A Reduction-In-Force," The National Law Journal, February 26, 1996 (Richard S. Zackin)

"Partnering in Design and Construction - Alternative Dispute Resolution as a Partnering Tool," McGraw Hill, 1996 (Robert J. MacPherson)

"An 'Essential' Holmes," 47 Rutgers L. Rev. 441, 1994 (E. Evans Wohlforth, Jr.)

"The Constitutionality of Current Crime Victimization Statutes: A Survey," 4 Fordham Intellectual Property, Media & Entertainment Law Journal 929, 1994 (Debra A. Clifford)

"Disciplining Attorneys: The New Jersey Experience," 1 Geo. J. Legal Ethics 659, 1988 (James R. Zazzali)

"Hazardous Wastes: New Rights and Remedies?," 13 Seton Hall L.Rev. 452, 1983 (James R. Zazzali, Co-author)