Jan Schwartz

NJ Supreme Court Opens Reinstatement Path for Disbarred Attorneys On October 15, 2024, the New Jersey Supreme Court ruled that while disbarment remains mandatory for attorneys who knowingly misappropriate client funds, there is now a path for reinstatement. Previously, the 1979 In re Wilson decision enforced permanent disbarment without exceptions. However, the 2022 In re Wade case, involving an attorney who returned borrowed funds and had a clean record, led the Court to reconsider. A committee recommended a reinstatement process, aligning New Jersey with other states. The new order requires disbarment for misappropriation but allows reinstatement if specific conditions are met, including passing exams, a five-year waiting period, client notification, and repayment of funds. This path may also apply to attorneys disbarred for other reasons. Read the full blog post here: https://lnkd.in/eC4zXypw

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🚨Key Ruling: Established Permissive and Easily Satisfied Standard for Obtaining Final Protective Orders under SASPA🚨   ▷ Learn about the New Jersey Supreme Court's decision in C.R. v. M.T. clarifying the permissive and easily satisfied standard for obtaining a Final Protective Order under SASPA.    New Supreme Court of New Jersey Decision – Sexual Assault Survivor Protection Act (SASPA) Read Full Blog Post Here: https://lnkd.in/epN2K-ya On April 22, 2024, the Supreme Court of New Jersey decided C.R. v. M.T., 257 N.J. 126 (2024), in which it clarified the showing required to establish "the possibility of future risk to the safety or well-being of the alleged victim" pursuant to N.J.S.A. 2C:14-16(a)(2), in order to obtain a final protective order (FPO) under the Sexual Assault Survivor Protection Act (SASPA). Key Takeaways on the Sexual Assault Survivor Protection Act (SASPA) This decision underscores the Court’s broad interpretation of the Sexual Assault Survivor Protection Act (SASPA), making it clear that the standard for issuing a final protective order (FPO) is permissive and easily satisfied. The Court highlighted that survivors of sexual assault do not need to demonstrate immediate danger but only the possibility of future harm to their safety or emotional well-being. This decision strengthens protections for sexual assault survivors under SASPA.  Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929 Stay informed with regular legal updates from our team of former prosecutors at The Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey #NJ No aspect of this advertisement has been approved by the Supreme Court of New Jersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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This Thursday, DWT hosts our annual Labor & Employment Law Update for New York-area clients. Attorneys from across DWT’s offices will join our New York-based employment services lawyers to address a wide variety of legal issues and updates relevant to employers in 2024 and beyond, including: what to consider when entering into employment agreements, from hire to termination; how to prepare for the new FTC non-compete rule; how to protect and safeguard company data when employees depart; how DEI is moving forward in a changing legal landscape; and more. Watch our feed for updates.    Laura Sack l Lisa Dayan l Alesia J. Kantor l Jenna Mooney l Michael Goettig l Michael L. Lynch l Roy Salins l Amanda Maria Gomez l Mark Berry l Lyle Zuckerman l Mohamed Barry, Esq. l Jeremy Merkelson l Gaurav Talwar l Victoria (Vicky) Slade  

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🚨 New Jersey Supreme Court Decision Alert 🚨 State v. Curtis L. Gartrell - A Defining Moment in Search and Seizure Law 📅 January 17, 2024 - In an influential ruling, the New Jersey Supreme Court in State v. Curtis L. Gartrell has clarified the boundaries of abandonment related to the search and seizure law. 🔍 The Case Overview: Curtis Gartrell fled from police at Newark Penn Station, leaving behind a suitcase filled with illegal items. The key legal question was whether Gartrell abandoned the suitcase, forfeiting his right to contest the warrantless search. 📜 The Court's Decision: The Court affirmed that Gartrell abandoned it by fleeing and leaving the suitcase in a public space. This decision means he cannot challenge the search, setting a significant precedent for abandonment in search and seizure cases. 🔑 Legal Implications: This ruling is a crucial guidepost for understanding the nuances of possessory interests and abandonment in criminal law. It highlights the importance of actions and intentions in determining the legality of warrantless searches. 👨‍⚖️ From the Bianchi Law Group's Lens: As former prosecutors, we recognize the balance between individual rights and law enforcement's duties. This decision underscores the complexities faced in safeguarding both. 💬 Share your thoughts: How will this ruling impact future search and seizure cases? 👉 Follow the Bianchi Law Group for more insightful legal updates and analysis. #FormerProsecutors #CriminalDefense #DomesticViolence #NewJerseyLaw #LegalInsights #SearchAndSeizure #JudicialDecision No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Tricia Howarth Margolis Esq. Maura Lynch Alessandro Amato Robert Esnes

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Our latest #FMG blog explores a recent ruling by the Pennsylvania Superior Court in Poteat v. Asteak, addressing the statute of limitations for legal malpractice claims in Pennsylvania. Click below to read the full blog. https://bit.ly/43WWwnD #FMGLaw #LegalMalpractice #ProfessionalLiability #PennsylvaniaLaw

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New Jersey courts award alimony (spousal support) based on several factors, including... 🕐 Duration of the marriage 🏡 Standard of living established during the marriage 👫 Needs of each spouse 💰 Earning capacities of each spouse 💪 Age and health of each spouse Schedule a free consultation with one of our experienced New Jersey family law attorneys to discuss your specific situation. We’ll answer your questions, address your concerns and outline your options. Together, we can craft a strategy that protects your financial well-being and allows you to move forward with confidence into the next chapter of your life.

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Next Tuesday, join us for a CLE with the NYS Academy of Trial Lawyers. NAM neutrals, the Hon. Paul J. Baisley, Jr. (Ret.) and Michael Titowsky, Esq., will provide guidance and tips for navigating the settlement of Labor Law cases in New York. Section 240 of New York State Labor Law, also known as the “Scaffolding Law,” protects the rights of construction workers who suffer a fall or are struck by a falling object. This legal requirement mandates construction site owners and contractors to provide scaffolding and other safety equipment that affords proper protection for workers. These unique types of cases require careful preparation with settlement as the goal. Our presenters will address how best to approach these types of mediations by answering questions such as how to increase chances of success, how to respond to (and hopefully move past) an impasse, and will also provide tips on proper preparation, submissions and what a mediator is looking for to facilitate a resolution. Learn more: https://bit.ly/3vt9aOe

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