Attorney going over legal malpractice case with client.

Elements of a Legal Malpractice Case

Legal malpractice occurs when an attorney’s failure to act in a way that is consistent with the legal profession’s standard of care causes harm to a client. In order to prevail in a legal malpractice case, a person must prove the following elements:  The existence of an attorney-client relationship The first thing an individual must…

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Police officer searching suspect.

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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Concerned financial advisor at his desk.

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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Credit cards sitting on a surface.

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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Group of business people discussing business contracts.

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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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…

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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…

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