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Investigations
Primary Purpose, Privilege, And The Corporate Internal Investigation
When our legal system’s fact-finding purpose collides with the attorney-client privilege, the results can often be unpredictable. This collision can arise in virtually any type of case, but it often occurs in the context of corporate internal investigations. As a general rule, the...
Read MoreReal Estate
Grow NJ – The New Call To Action!
Editor: Governor Chris Christie late last year signed into law the “Economic Opportunity Act of 2013,” which is reported to have made sweeping changes to the state’s public financial incentive programs. Tell us about this new law. Zangari: The law collapsed four existing...
Read MoreAlternative Dispute Resolution (ADR)
A Transformation From Public Law Litigation To Private Arbitration
Introduction In 1976, Abram Chayes, Felix Frankfurter Professor of Law at Harvard, described a transformation of civil adjudication from the previous traditional model of plaintiff v. defendant to “a new model of civil litigation” called “public law litigation.”[1]...
Read MoreHealthcare
DSHEA – 20 Years Later – The Good, The Bad And The Ugly
I. Historical Background It’s hard to remember, but dietary supplements were almost regulated out of existence before Congress passed the Dietary Supplement Health and Education Act (DSHEA) in October 1994. Since the early 1900s, when vitamins A and D were promoted as fish oil supplements...
Read MoreLitigation
RICO Liability For The Corporate Defendant
The Racketeer Influenced and Corrupt Organizations Act (“RICO”) makes it "unlawful for any person employed by or associated with any enterprise . . . to conduct or participate . . . in the conduct of such enterprise's affairs" through the commission of two or more...
Read MoreRegulatory & Compliance
Roundtable: Navigating Ever-Changing Laws And Regulations
Editor: You each have had very interesting careers in government or have been involved in public policy issues in New Jersey. Would you please give our readers a sense of your background and how you came to your current firm? Verniero: I joined the firm in 2004 after 10 years of public service...
Read MoreInsurance Coverage & Recovery
Beyond The Bright-Line Test: Rent-A-Center v. Commissioner – Long-Awaited U.S. Tax Court Decision Provides More Heat Than Light On What Constitutes “Insurance” Between Related Parties
In 1977, IRS issued Rev. Rul. 77-316,[1] which held that when a corporate parent insures risks with a wholly owned subsidiary, the transaction per se cannot be characterized as insurance for federal tax purposes because the risk shifting and risk distribution that the U.S. Supreme Court has...
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