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Showing 4 posts from May 2016.

Practicing Without a Net: Protecting your Firm by Agreement

Attorneys come to us when contemplating the creation or expansion of their firms, when they want to leave their firm, or are dealing with the fallout of another member leaving. While many law firms have taken advantage of the protections of a limited liability entity, attorneys are not always aware of the risks involved when the members of the firm do not enter into an agreement or enter into an incomplete or “boiler plate” agreement in forming those entities, risks that sadly only come to light when embroiled in a dispute between the members More ›

Is the American Rule dead in New Jersey?

Ok, so maybe "dead" is a bit hyperbolic, but the New Jersey Supreme Court's decision in Innes v. Marzano-Lesnevich, No. 074291, ___ N.J. _____ (N.J. Apr. 26, 2016) has raised serious questions about just how far the New Jersey Court may be willing to bend the American Rule that litigants must bear the cost of their own attorneys' fees.   More ›

Be Careful how, and with whom, you Associate

Attorney associations are valuable means to reduce overhead and expenses, and provide support for sole practitioners. However, casually creating an association can give rise to issues, including increased exposure to vicarious liability and State Bar probes. More ›

Sanctions Under FED. R. CIV. P. 37(E)

In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition of sanctions involving the loss or spoliation of electronically stored information ("ESI"). This article briefly reviews the district court decisions that have applied Rule 37(e) since it went into effect. One conclusion that can be gleaned from those decisions, even at this early stage of the rule's development, is that the Rule 37(e) is being applied in a way to limit or deny sanctions that in years past would likely have been imposed. To understand why this is the case, we need to first turn to the Rule 37(e) itself, and then highlight several provisions from the rule's 2015 Committee Note. More ›