Gibbons Law Alert

Gibbons Law Alert Blog

NJDEP Proposes Relief From Site Remediation Reform Act Requirements

Posted in Environmental and Green Issues

On October 7, 2010

On October 4, 2010, the New Jersey Department of Environmental Protection (NJDEP) formally proposed revisions to the Site Remediation Reform Act’s (SRRA) interim rules. The revisions impact two important components of the interim rules: remediation deadlines and vapor intrusion investigations. These technical amendments are based upon stakeholder input and are intended to reduce the burden on the regulated community and New Jersey’s newly minted Licensed Site Remediation Professionals (LSRPs).

Gibbons to Host 4th Annual E-Discovery Conference – October 28, 2010

by Gibbons P.C.

Posted in Corporate Information and Records Management Policies / Litigation Preparedness and Strategies

On October 6, 2010

The Gibbons E-Discovery Task Force will host its fourth annual full day E-Discovery Conference on October 28, 2010, in the firm’s Newark, NJ office. Devoted to the latest developments in electronic discovery and corporate information management, this program will include speakers who are among the most respected names in the e-discovery field, including former United States Magistrate judges John Hughes and Ronald Hedges, e-discovery authority Michael Arkfeld, and representatives of leading corporations and e-discovery service providers.

New York Courts Adopt Preliminary Conference Counsel Readiness Rule for Electronic Discovery

by Jeffrey L. Nagel

Posted in E-Discovery: Legal Decisions and Court Rules

On October 6, 2010

Earlier this month, the NY Supreme and County courts addressed the topic of electronic discovery at the preliminary conference. The Court issued a Notice amending Section 202.12(b) of the Uniform Rules as well as Rule 1(b) of section 202.70(g) and requiring that in any case “reasonably likely to include electronic discovery” counsel must come to court “sufficiently versed in matters relating to their clients’ technological systems to discuss competently all issues relating to electronic discovery” and may bring a client representative or outside expert to assist in such discussion.

Mt. Hawley and the Cost-Saving and Practical Benefits of Fed. R. Evid. 502

by Gibbons P.C.

Posted in E-Discovery: Legal Decisions and Court Rules

On October 6, 2010

The decision in Mt. Hawley Insurance Company v. Felman Production, Inc. demonstrates the importance of a court-approved stipulation regarding the production of electronically stored information (“ESI”). The court in Mt. Hawley found that the plaintiff had waived the attorney-client privilege and work product doctrine for certain documents because counsel had failed to take “reasonable precautions” to ensure that such otherwise privileged documents were not inadvertently disclosed. Such precautions should have included, for example, sampling its production and not delaying to recover privileged documents after their production was known. Importantly, the parties had not agreed to a non-waiver provision when negotiating the production of ESI, as permitted by Fed. R. Evid. 502 (“Rule 502”). Magistrate Judge Stanley’s decision ultimately was affirmed by Judge Robert C. Chambers in Felman Productions, Inc. v. Industrial Risk Insurers.

Willful Destruction of Electronic Evidence Can Lead to Jail Time

by Gibbons P.C.

Posted in E-Discovery: Legal Decisions and Court Rules

On October 6, 2010

In Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010), Magistrate Judge Paul Grimm sanctioned Defendants CPI and Mark Pappas, its president – and threatened to imprison Pappas – for the willful destruction of evidence and violation of his discovery orders. The Court’s lengthy decision gives a comprehensive analysis of preservation and spoliation issues across the federal circuits that will benefit every practitioner and corporate litigant.

Attendance and Outlook Improve at Philadelphia ICSC

by Gibbons P.C.

Posted in Development/Redevelopment

On September 30, 2010

Attendance was up and the mood was upbeat at the International Council of Shopping Centers (ICSC) PA/NJ/DE Idea Exchange on September 15-16 at the Pennsylvania Convention Center in Philadelphia. For the 7th consecutive year, Gibbons P.C. exhibited at the show. Five Gibbons lawyers, from the firm’s Philadelphia and Newark offices, attended.

Gibbons Launches Apprenticeship Program – First Apprentice Assigned to Firm’s Intellectual Property Department

by Gibbons P.C.

Posted in Intellectual Property

On September 27, 2010

Gibbons P.C. has launched an apprenticeship program to help maximize the value of its legal and client services while also providing a solid training ground for new attorneys. John Cahill will serve as the firm’s first apprentice, working in the Intellectual Property Department. “Gibbons is committed to anticipating client concerns and offering creative, proactive solutions,” says Patrick C. Dunican Jr., Chairman and Managing Director of the firm. “Given current economic realities, our attorney hiring and training practices should directly address their impact on the fees we bill our clients—though staffing client matters efficiently with the highest quality legal talent remains the most important strategy in controlling costs and increasing value.”

New Jersey Legislature Extends Special Appraisal Rules for Land Preservation Efforts in Highlands Region

by Paul M. Hauge

Posted in Environmental and Green Issues / Transactional Real Estate and Leasing

On September 24, 2010

Owners of land subject to the 2004 Highlands Water Protection and Planning Act (Highlands Act) who preserve their land under the Green Acres Program or the State Farmland Preservation Program will benefit from special appraisal rules for five more years, thanks to legislation signed into law by Governor Christie on September 9. Under the “dual appraisal” provision, which expired last year but has now been extended to 2014, landowners receive two appraisals — one based on current property value, and one based on pre-Highlands Act zoning and other restrictions — and the higher appraisal is used as the basis for negotiation with the State on the appropriate payment.

The Lighter Side of LSRP: Opportunity to Reduce Remediation Funding Source in New Jersey

by Gibbons P.C.

Posted in Environmental and Green Issues

On September 22, 2010

With the advent of New Jersey’s LSRP program comes an added financial benefit for environmental remediation matters requiring a remediation funding source (“RFS”). There is an opportunity to save on the statutory annual 1% surcharge on an RFS, especially useful for those sites subject to the requirements of the Industrial Site Recovery Act.

Google, Google, Toil and Twitter, Facebook Burn and Jurors Babble – The Internet in the Courtroom

by Gibbons P.C.

Posted in Technology Developments and Issues

On September 21, 2010

A Michigan court dismissed a juror who during the trial posted on Facebook, “gonna be fun to tell defendant they’re guilty.” A New Jersey Appellate Court holds it is alright to google jurors’ names during jury selection. Carino v. Muenzen, App. Div. August 30, 2010. The upshot is that the internet is moving into the jury box. In Carino, the plaintiff’s attorney used the court’s wi-fi to access the internet on his laptop. The court, ever hip, asked if he was googling the potential jurors. The trial court told him to put away the computer because he gave no notice he intended to google the jurors.