Publications

· Firm Spring Newsletter

· Arthur M. Owens (Partner, Litigation Department) authored the New Jersey chapter in the American Bar Association, Section of Litigation’s 50-State Survey of Accounting and Auditing Liability Issues.  The survey is a collection of state-by-state articles on accounting and auditing liability Issues. Each article addresses the elements, defenses, and key issues common to claims against lawyers. 

Click here to read this article.

· An article by Wayne J. Positan and Arthur M. Owens of Lum, Drasco and Positan LLC entitled “General Jurisdiction and Multijurisdictional Practice Following Daimler AG v. Bauman” was recently published in the ABA Ethics and Professionalism Periodical, The Professional Lawyer, Volume 23, Number 3.

Recent Supreme Court jurisprudence has made it clear that merely doing business in a jurisdiction will no longer expose a firm or business to being dragged into court there, on general jurisdiction grounds, as litigation defendants. For legal malpractice defendant law firms, the Daimler and Goodyear decisions and their progeny mean there is a better likelihood that general jurisdiction may only attach in the firm's home jurisdiction. The authors, New Jersey litigators, review the case law and offer tips for improving the chances that any future professional negligence litigation arising from multijurisdictional practice will end up in a home court.

Click here to read this article.

Jack P. Baron, authored an article entitled "Letters of Intent: Use Caution in Drafting to Avoid the Unintended" in New Jersey State Bar Association Business Law Section Newsletter, July 2012, addressing practical consideration in utilizing and drafting Letters of Intent. (This article as originally published in the Business Law Section Newsletter, a publication of the New Jersey State Bar Association, and is reprinted here with permission.)

· Kevin F. Murphy, authored an article entitled, "Buy-Sell Agreements Should Be Reviewed" in the FindLaw KnowledgeBase highlighting the implications of the recent Estate of Cohen v. Booth Computers decision .

· The IRS Gets Its Swagger on When It Comes to IRA Beneficiary Trusts, New Jersey Law Journal, August 16, 2010, Kevin F. Murphy.

· Paul A. Sandars III, authored an article entitled ," Theories of Lender Liability on Construction Projects" in The Construction Lawyer, the Journal of the ABA's Forum on the Construction Industry, Volume 25, Fall 2005

· The New Jersey Institute for Continuing Legal Education has announced publication of the Third edition its book "New Jersey Labor and Employment Law". Wayne J. Positan is Editor-In-Chief, and Richard A. West is Managing Editor of the book, which was first published in 1998.

·   No Plaintiff Left Behind: Liability for Workplace Discrimination and Retaliation in New Jersey
By:  Richard A. West, Jr., Esq
Published in Seton Hall Legislative Journal

· The Value of An Effective Anti-Harassment Policy
By:  Wayne J. Positan and Christina Silva Lee
Published in CAI's Journal of Law Community Association Vol.6 No. 1 January 2003
To read the article click here (PDF)

· Construction Contracts
Arbitration as a Means of Dispute Resolution in New Jersey
By:  Dennis J. Drasco and G. Michael Foulon
Published in New Jersey Lawyer February 2003
Read the article here (PDF)

· Current Developments In Executive Compensation
By: Kevin F. Murphy, Esq.
Published in: New Jersey Society of Certified Public Accountants - Morris/Sussex Chapter

· 48^th Semi-Annual Tax & Estate Planning Forum
By: Kevin F. Murphy, Esq.

· Two New Restrictions On Employees Seeking To Compete Against Their Former Employer
By: Richard A. West, Jr.
This article is republished with approval of the New Jersey State Bar Association, and it was first published in the New Jersey Labor and Employment Quarterly, Vol. 25 No. 1 (Fall 2001)

· "De Facto Developer":
A New Basis For Construction Lender Liability
by Paul Sandars
This reproduction has been made with the permission of the publisher of CONSTRUCTION LITIGATION REPORTER, West Group (901 15th Street, N.W. / Suite 1010 / Washington, DC 20005, phone 202/337-7000). Further reproduction or use without the permission of the publisher is prohibited."