New Jersey recently became the 16th state to provide some measure of protection to individuals against civil forfeiture. Civil forfeiture allows law enforcement authorities to confiscate a person’s property even if they never charge him or her with a crime. Under the new law, the authorities will have to secure a criminal conviction in order…
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New Jersey to Track Money and Property Seizures
New Jersey recently passed a law that requires comprehensive disclosure and transparency for the state’s civil asset forfeiture system. Under New Jersey’s civil forfeiture system, prosecutors and law enforcement authorities can use the civil courts to confiscate property that they believe is associated in some way with criminal activity. Under the law, county prosecutors must…
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Surge in Client FINRA Arbitration Filings May Be on the Horizon
Experts expect the coronavirus pandemic and resulting market uncertainty to lead to a surge in FINRA arbitration filings. Historically, volatile times have tended to increase the number of broker negligence claims, meaning that FINRA arbitration filings are likely to increase until COVID-19 is under control and the markets bounce back and stabilize. In recent years,…
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Consumer Fraud on the Rise During the Coronavirus Pandemic
Whenever there is a crisis of any kind, scammers come out of the woodwork. The recent coronavirus pandemic has been no exception. Consumer fraud has been rampant since the worldwide outbreak of the coronavirus in late 2019. According to official government statistics, coronavirus-related scams have cost consumers nearly $20 million dollars thus far, and this…
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COVID-19 and Force Majeure Clauses and Business Continuity Plans
In addition to the obvious public health concerns, the COVID-19 pandemic and resulting mandatory shutdown of businesses across the country have raised legal questions regarding the contractual obligations and rights of businesses. In addition, the coronavirus has forced companies to reevaluate the ways in which they respond to crises. Below, we discuss the renewed interest…
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New Jersey Supreme Court Considering Change to Attorney-Client Privilege Rule
The New Jersey Supreme Court is considering making changes to Rule of Professional Conduct 1.6, which is the rule that governs attorney-client privilege. On May 26, a New Jersey Supreme Court committee proposed that the court amend the rule to provide an exception to the duty of an attorney to maintain the confidentiality of a…
Continue reading…Violent Rap Lyrics Penned by Defendant Unduly Prejudicial, NJ Supreme Court Finds
Supreme Court of New Jersey – In State v. Skinner, A-57/58-12 (N.J. Aug. 4, 2014) the Supreme Court of New Jersey affirmed the Appellate Division’s reversal of a defendant’s conviction for first-degree attempted murder and related charges. Facts — Vonte Skinner was charged with shooting Lamont Peterson seven times. The State contended that Skinner shot Peterson because Peterson owed money…
Continue reading…New Jersey Supreme Court Proposes “Crime Fraud” Exception to Marital Privilege Rule
Supreme Court of New Jersey – In State v. Terry & Savoy, A-71-12 (N.J. July 22, 2104) the Supreme Court of New Jersey affirmed the Appellate Division’s decision that wiretapped conversations between spouses that are otherwise privileged cannot be intercepted or otherwise introduced into evidence. However, because of public policy concerns, the Court proposed new language amending Rule 509…
Continue reading…Third Circuit Finds No Reasonable Expectation of Privacy When “Mooching” Neighbor’s Internet Connection to Download Child Pornography
Third Circuit Court of Appeals – In United States v. Stanley, No. 13-1910, (3d Cir. June 11, 2014) the Third Circuit upheld the conviction of a man who downloaded child pornography by “mooching” off his neighbor’s unsecured wireless Internet connection. Finding that there was no reasonable expectation of privacy, the court allowed the evidence seized with the…
Continue reading…Robing Room Jury Instruction Found to be Reversible Error
New York Court of Appeals – In People v. Rivera, No. 117 (June 10, 2014), the Court of Appeals determined that a brief colloquy in the robing room between the trial judge and a juror should not have taken place outside the presence of the defendant, even with the consent of counsel. Because it did, the Court of…
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