NEW AND NOTEWORTHY

* The New Jersey Law Journal named partner Thomas R. Kobin to its prestigious list of 40 outstanding lawyers under age 40. The highly selective "40 under 40" publication recognizes 40 exceptional attorneys statewide for their dedication to and initiative taken in the practice of law, as well as significant career accomplishments before age 40. The group's members are further distinguished from their peers for their expertise in their respective fields and dedication to public service. Ronald J. Fleury, Editor-in-Chief of The New Jersey Law Journal, wrote that "The [lawyers chosen] are 40 young lawyers in the state we think are worth watching, not only for what they have achieved so far in their careers but more so for the potential they show to be among the leaders of the New Jersey bar in the next decade."<R>As an accomplished attorney in the fields of governmental law, education law, and litigation, Tom has been appointed general counsel to various public entities, including school boards and autonomous authorities. Also, he is special counsel to numerous municipalities and counties, in addition to various private sector clients. Adept at providing sound transactional advice and developing cost effective litigation strategies, Tom routinely provides guidance on complex issues involving employment, labor, school, contracts, construction, and constitutional law.<R>An example of Tom's expertise is his involvement in the formation and operation of regional public entities. In conjunction with other firm members, he drafted the formation and operating documents of the North Hudson Regional Fire & Rescue, the largest regional fire department in New Jersey. Today, Tom's extensive work serves as the blueprint for regionalization of government services.<R>A graduate of Cornell University and Seton Hall University School of Law, Tom and his wife Lisa live in Westfield, New Jersey with their two children, Timothy and Caroline.

* New Jersey Monthly magazine named Mitzy Galis-Mendendez, Thomas A. Morrone, John L. Shahdanian II, and Michael D. Witt to its 2006 list of "Rising Stars," which recognizes New Jersey's outstanding young lawyers. "Rising Stars" are nominated by the magazine's "Super Lawyers," the top five percent of attorneys in the state, a group which includes Joel A. Leyner and Ralph J. Lamparello. To compile the list of Rising Stars, Super Lawyers nominate attorneys in New Jersey who are under age 40 or who have been practicing less than 10 years. Votes reflect the personal observations by Super Lawyers of Rising Stars in action. A separate attorney-led research team evaluates the candidates' credentials, a process which results in only 2.5 percent of the best up-and-coming attorneys being chosen. Identified by their main fields of practice, Mitzy was selected for general litigation; Tom for insurance defense - personal injury; John for employment law; and Michael for environmental law and land use regulation.

* John L. Shahdanian, II has been appointed to serve as a Co-Chairperson of the Conscientious Employee Protection Act ("CEPA") Sub-Committee of the New Jersey State Bar Association Labor and Employment Law Section for the 2006-2007 term. CEPA, which is also known as the Whistleblower Act, protects individuals against retaliation by employers for disclosing improper practices by a business. John will conduct an educational seminar on related legal issues and lead other Sub-Committee functions as part of the Labor and Employment Law Section.

CASE NOTES

* Anthony V. D'Elia obtained a $1.6 million verdict for the plaintiff in a medical malpractice action in Monmouth County after a two week jury trial. The plaintiff's wife died of a massive hemorrhage resulting from an aneurysm in her middle cerebral artery in April 2000. She had previously been treated at an urgent care facility in Shrewsbury, New Jersey with general complaints, including headaches. The attending physician diagnosed sinusitis, prescribed medication, and released the decedent. Within the next 48 hours, the plaintiff's wife fell into a coma and later died after various physicians at Monmouth Medical Center attempted complicated surgery. Anthony persuaded the jury that the urgent care physician misdiagnosed the decedent's complaints and failed to refer her to a neurologist to obtain an immediate CT scan, arguing that a correct diagnosis or the proper referral would likely have saved her life.

* Anthony V. D'Elia has also negotiated a number of significant personal injury settlements on behalf of firm clients this year totaling $1,500,000. He obtained settlements in the amount of $750,000 for a young man who was injured in an accident involving a motor vehicle; $450,000 for the estate of an elderly grandmother who was struck by a truck while walking behind the vehicle; and $300,000 in two separate medical malpractice cases involving the fields of plastic surgery and orthopedics.

* In Potente v. County of Hudson, et al., a case brought pursuant to the New Jersey Law Against Discrimination, Ralph J. Lamparello, successfully argued before the Supreme Court of the State of New Jersey that a disabled employee cannot refuse to cooperate with an employer's efforts to accommodate the disability and then claim failure to accommodate. Decided on June 6, 2006, the case involved claims by a former Hudson County employee who alleged that he was terminated because the County failed to reasonably accommodate his disability. The firm's representation of the County commenced after the Appellate Division had affirmed a trial verdict in the plaintiff's favor. The Supreme Court vacated the jury verdict and the assessment of counsel fees and interest, and remanded the matter for a new trial. Cindy N. Vogelman and John L. Shahdanian II prepared the Petition for Certification.

* Thomas A. Morrone successfully defended a firm client in an automobile negligence case in the Superior Court of New Jersey, Hudson County, before the Honorable Barbara A. Curran. Even though the parties stipulated the defendant's liability for the accident and the plaintiff underwent a long course of therapy, including three epidural injections to his lumbar spine, after the accident. Tom persuasively asserted that the plaintiff failed to satisfy the Limitation on Lawsuit threshold. At trial, Tom presented a surveillance video showing the plaintiff at his physically demanding job, as well as expert testimony from an orthopedic surgeon who had examined the plaintiff. In view of this overwhelming evidence, the jury unanimously rejected the plaintiff's claims.

* Thomas R. Kobin successfully defended the Union City Board of Education before the United States Court of Appeals for the Third Circuit. A former employee claimed he was not promoted and was terminated for discriminatory reasons and was subject to a hostile work environment. The Third Circuit upheld the trial court's dismissal of the plaintiff's case because he could not establish the necessary elements of his causes of action.

* John M. Lago recently obtained successful results for a number of firm clients. He secured a work authorization card for an émigré from Cuba and provided counsel to another Cuban immigrant, resulting in her obtaining U.S. citizenship. In addition, John obtained a six-month extension on a visitor visa for a client from Colombia, as well as a replacement certificate of naturalization for a U.S citizen who had lost it years earlier. John also represented a client from Spain in the acquisition of a permanent resident card.

* In a case of first impression in New Jersey, Jordan S. Friedman successfully defended a $3.5 million private sale of municipal land by the Township of North Bergen. Situated on the Hudson River waterfront, the parcel had been jointly owned by the Township and a private citizen for more than 30 years. The co-owner sold his one-half interest in the property to a developer seeking to build three high-rise condominium towers on the site. Subsequently, the Township sold its one-half interest in the property to the developer. Fearing that the new residences would block the river views of its members, a nearby homeowners association challenged the sale, claiming that it violated the Local Lands and Buildings Law. The Honorable Hector R. Velazquez, Superior of Court of New Jersey, Hudson County, upheld the sale on equitable grounds in light of the unique public-private ownership of the land which had perpetuated over four decades.

EMPLOYEE INTERNET USE

By some accounts, a large majority of employees access the Internet on company computers for personal reasons while at work. The obvious adverse effects of this on productivity are only the tip of the iceberg with regard to the potential headaches that such activities can cause for employers. Personal Internet activity by employees can pose security risks to the company's computer network itself, such as by exposing a network to a computer virus.

Less immediate but just as serious is the threat of legal liability of the employer to injured third parties. Some scenarios are not difficult to imagine. An employee uses his computer as a tool for sexually harassing fellow workers by visiting pornographic websites. Or, an employee embroiled in a bitter domestic dispute uses his office computer to communicate threats to his spouse, and the employer fails to take action.

In a recent case, one such nightmare scenario was all too real for an employer that had to defend itself against the alleged victims of an employee who used a workplace computer for conduct that was criminal, not just indicative of poor judgment. This case may be the first reported decision on the matter of an employer's liability to a third party for having failed to take action to stop an employee from using a company computer in a manner that harmed the third party. It most certainly will not be the last such case.

The case involved an employee who used his company's computer at work to visit pornographic sites, including some relating to child pornography. Over a period of time, a supervisor and some co-employees became aware of this activity and complained to management. Eventually, the offending employee was confronted and was told to stop such use of the computer, but, a few months later, he was again discovered to have accessed pornographic sites.

Eventually, the employee was arrested on child pornography charges, including allegations that he had transmitted nude pictures of his 10-year-old stepdaughter over his office computer to a child pornography site. The employee's wife, who divorced him, sued the employer for failing to investigate and for failing to report the employee's viewing of child pornography. The case was settled, but not until a precedent was set when the lawsuit survived attempts to have it dismissed before trial.

There are limits to what companies can or should do to prevent improper use of company computers, but it is only prudent to take at least some basic measures. It makes sense to have a written e-mail and Internet use policy that clearly informs employees of what, perhaps, they should already know--that the employer has and reserves the right to monitor employees' use of the company's computers and to discipline violators. In addition, there needs to be even-handed enforcement of the policy. Even the best written policy will do little to convince a jury, if it comes to that, that a company has done all it reasonably could have done, if the evidence is that the policy was toothless or rarely enforced.

STEER CLEAR OF BIG RIGS

With more and more tractor-trailer trucks on the roadways, it is prudent to be extra cautious when you encounter a big rig.

Remember that a large truck has a large blind spot. If you are driving in the truck's blind spot, the truck driver cannot see you. Either stay behind the truck or else pass it quickly.

Do not follow a big rig too closely. Large trucks block your view of hazards further down the highway, and a tired trucker might not brake soon enough to give you the warning you need to avoid a collision.

If in doubt, give the truck a wide berth. A car almost always loses in a collision with a large truck. The best way to avoid such accidents is to avoid the trucks.