On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 et seq. (“Brownfield Act”). The proposal seeks
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NJ Governor’s Executive Order 136 Tolls Timeframes for DEP Review & Extends Filing Deadlines
On May 2, 2020 Governor Murphy signed Executive Order No. 136 tolling several timeframes administered by DEP, as well as extending certain filing deadlines.
Beginning on March 9, 2020, all timeframes governing public notice, review, or final action on applications
The Life of a Data Breach: The “Gift” That Keeps on Giving
You are in a fantasy football league registered under your email and your password. Unbeknownst to you, however, the league’s site has been breached, and access credentials have been stolen. The site discovers the breach, investigates the breach, and gives
New Cases – Condemning Easements for Public Beach Access and Use
On April 16, 2020, the Appellate Division of the New Jersey Superior Court, the state’s intermediate appellate court, published three precedential opinions concerning the state’s condemnation of ocean-front property for access and use by the public. New Jersey, from Sandy
Damms v. Damms Brings into Focus the Importance of Attorney Diligence During COVID-19 Pandemic
Be sure to check deadlines and read orders carefully, especially in today’s environment.
While once in a while, a court will take pity on you, best not to rely on the mercy of the court. In Damms v. Damms, 2020
Recent Ethics Opinion Highlights Attorney Obligations While Working Remotely
On April 10, 2020, the Pennsylvania Bar Association (“PBA”) Committee on Legal Ethics and Professional Responsibility issued Formal Opinion 2020-300, which outlines the ethical obligations for lawyers working remotely. Lawyers must be particularly mindful of the ethical obligations identified in
Client Intake Best Practices in COVID-19 Environment
These days, more than ever, there is a yin and yang between bringing in as much revenue as possible at the risk of bringing in an unworthy client. How do we know when to say no?
Obviously, there is no
Reflections from an Environmental Lawyer on the 50th Anniversary of NEPA
As we are all dealing with the impact of the ongoing COVID pandemic, it is important to remember that this year marks the 50th anniversary of the start of the Environmental Decade, which began in 1970. That year, the first
Does Privilege Apply to Communications Between a Legal Malpractice Plaintiff and Its New Attorney in the Underlying Lawsuit? Caselaw Update, a Hypothetical and Some Practice Pointers to Consider for the Client, Defendant and Successor Counsel
It is generally known and accepted that a client who sues its attorney waives the attorney-client privilege as to the alleged malpractice the client has placed at issue in the litigation.¹
The easiest examples of “at issue” waiver concern communications
Attorneys: Six Tips to Protect Yourself from Malpractice Claims in Today’s COVID-19 Environment
1. Deadlines. Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get