Wilentz, Goldman & Spitzer P.A.

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document discovery…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery

No Statute of Limitations for Private Contribution Claims Under New Jersey’s Spill Act

Selling a piece of commercial property often requires much negotiation and planning, and generally represents the culmination of a result of a well-reasoned business decision. And at the conclusion of the deal—and depending on…more
| Civil Procedure, Environmental Law, Real Estate - Residential, Toxic Torts, Real Estate - Commercial

The Use And Abuse Of The Lsi-R In Parole Evaluations Challenging So-Called “Objective” Testing

The Erroneous Use of and Reliance on the LSI-R - The Level of Service Inventory-Revised “LSI-R” is frequently misused in the context of parole evaluations. Providing an air of scientific reliability, its application in…more
| Criminal Law

Challenging So-Called “Objective” Psychological Tests: The Use And Abuse Of Psychological Testing In Trials, Sentencing, Parole Consideration, And Custody Disputes

Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and…more
| Civil Procedure, Criminal Law, Family Law

Use of General Counsel as Informant Against Corporate Client – A Reminder of the New Era in Aggressive White Collar Investigative Techniques and of the Limitations of the Attorney-Client Privilege

The use of more aggressive investigative techniques in white-collar corporate probes in the aftermath of the last financial crisis is no secret. Over the last decade, law enforcement has increasingly resorted to investigating…more
| Business Organizations, Criminal Law

Protecting Your Parental Rights—What You Need to Know About New Jersey’s Gestational Surrogacy Law

For couples who can’t conceive and in cases where in-vitro fertilization is not a viable alternative, surrogacy has become a popular method for couples to have a child. An even more attractive option for parents, ‘gestational…more
| Family Law

Law Firm Breakup - What You Need to Know When Dissolving the Entity

Law firm ‘partnerships,’ like other businesses, are similar to a marriage; at some point the parties may decide to part ways and dissolve their partnership. Among the many reasons for the dissolution of a law firm are financial…more
| Law Practice Products & Services

2014 Wilentz Family Law Case Decisions

ALIMONY - Krupinski v. Krupinski, 437 N.J. Super. 159 (App. Div. 2014). Before Judges Fuentes, Fasciale, and Haas. Opinion by Judge Fuentes, P.J.A.D. Issue: Did the trial court err in denying Husband’s motion to…more
| Civil Procedure, Constitutional Law, Family Law

The New Jersey “Opportunity To Compete Act” Takes Effect On March 1, 2015 Restricting Employers From Inquiring Into Job Applicants’ Criminal Histories And Providing Civil Penalties For Violations – Is Your Company Prepared?

On March 1, 2015, New Jersey’s “Opportunity to Compete Act” (“OTCA”) takes effect. As explained in the legislative findings section of the OTCA, it is the intent of the OTCA to remove obstacles impeding employment opportunities…more
| Civil Rights, Labor & Employment Law

Impact of Cohabitation on Alimony in New Jersey

Since the Enactment of the new Alimony Statute was signed into law on September 10, 2014, many clients have called to explore its impact on existing alimony awards and cohabitation in New Jersey. While it is clear that the new…more
| Family Law

The Parole Board’s Difficult Decision – Whether to Release Someone Who Has Been Convicted of a Serious or Violent Crime

While the Parole Board consists of Members who act in good faith, who try to do the right thing, there is a natural human reluctance to parole an individual who has been convicted of a serious and/or violent crime. It is up to…more
| Criminal Law

How to Succeed at the Time of Parole Consideration – Managing the Record Before the Parole Board

Without proper guidance an individual who should be paroled may end up serving a longer sentence. Too often individuals expect that their initial eligibility date is the date they will be released and to the grave…more
| Criminal Law

NJ Assembly Passes Crime-Fraud Exception to Spousal Privilege

On December 15, 2014, the NJ Assembly passed legislation that would create a crime-fraud exception to the spousal privilege. The measure, A-3636, was a response to the decision in State v. Terry. In the case, a married couple…more
| Civil Procedure, Criminal Law, Family Law

Divorced Parents Ordered to Pay Daughter’s College Tuition

Some have remarked that New Jersey’s law goes further than any other state in requiring divorced parents to contribute towards their children’s college education, and here is why. Early in 2014, Caitlyn Ricci, 21 years old, sued…more
| Education, Family Law

Judge’s Custody Decision Set Aside for Failure to Follow Court Rules and Procedures

A custody dispute was decided by a judge without a full plenary hearing. No testimony or cross-examination of the parties or other witnesses was conducted. The judge’s decision in D.A. v. R.C. to keep the status quo custody…more
| Civil Procedure, Family Law
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90 Woodbridge Center Drive Suite 900 Box 10
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