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Articles Posted in Miscellaneous

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COVID-19 UPDATES: Remote Meetings Authorized; Remote Notary on the Horizon

In light of the increasing spread of COVID-19, lawmakers continue to push legislation to allow the conduct of remote business despite the pandemic and various shelter-in-place and similar restrictions.  As we have experienced, the use of teleconferencing platforms such as Zoom has exploded over the last weeks, with everyone from…

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COVID-19 UPDATES: N.J. Suspends Elective Medical Procedures as of Friday

On Monday March 23, 2020 Governor Murphy issued Executive Order 109 introducing additional preventive measures to limit the spread of COVID-19 and simultaneously seeks assistance from the private healthcare community to increase the stock of PPE. By Friday, March 27th at 5:00 p.m., all medical or dental “elective” surgeries and…

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COVID-19 UPDATES: Non-Life Sustaining Business Waiver from March 19 Order of Pennsylvania Gov. Wolf Directing Massive Closures

With the current outbreak of COVID-19, each day creates a new normal. Government officials are adjusting to the new pandemic and implementing different policies to help protect the community’ s public health. On Thursday, March 19, 2020 Governor Tom Wolf issued an order mandating that all non-life-sustaining businesses close their…

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COVID-19 AND CONTRACT MANAGEMENT: Performance Obligations and Force Majeure

As a commercial transactional lawyer, I often speak to my clients and colleagues about contract management. While I am usually heavily involved in many stages of the contract lifecycle – most notably, negotiations, drafting, closings and amendments – the real work (and most problems) arise during contract performance, which is…

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Change in Municipal Land Use Law in New Jersey

On February 20, 2018 Kang Haggerty LLC published a memorandum on the New Municipal Land Use Law. On January 15, 2018, New Jersey Governor Chris Christie signed into law Senate Bill No. 3233, effective immediately, which reforms requirements under N.J.S.A. 40:55D-1 et seq., also referred to as the Municipal Land…

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Avvo, LegalZoom, Rocket Lawyer Products Prohibited in NJ

Three New Jersey Supreme Court committees have recently prohibited three online services that allow clients and lawyers to interact for a small fee. Certain Avvo, LegalZoom, and Rocket Lawyer products have been deemed to be in violation of ethical standards in the state and are currently blacklisted. Moreover, Avvo is…

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U.S. Supreme Court Clarifies the ‘First-to-File’ Rule Under the False Claims Act

In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel., __, 575 U.S. __ (2015), two questions were presented before the U.S. Supreme Court: first, whether the Wartime Suspension of Limitations Act (WSLA) suspends the already generous statute of limitation under the False Claims Act (FCA);…

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Superior Court of Pennsylvania Finds Trial Court Erred in Bad Faith Claim

The Superior Court of Pennsylvania found that the court erred in a bad faith claim in Mohney v. American General (2030 & 2046 WDA 2013). The Court reasoned that the insurer acted in bad faith by having no reasonable basis for terminating the plaintiff’s benefits. Mohney purchased life insurance from…