Publications

NOTICE: These materials are for informational purposes only. You should not construe or consider anything in these materials as legal advice, and you should consult with an attorney for advice on your specific legal issues. Note that some of these materials may be outdated. Please refer to the Legal Notices.

CONTRIBUTIONS TO BOOKS

• Chapter on “Complaints,” New Jersey Federal Civil Procedure 2010
(New Jersey Law Journal Books 2010).

• Chapter on “Post Trial Motions,” Trial Tactics Defense Litigation Manual,
(Defense Research Institute 2006).

• Annual Supplement to Chapter on “Evidence,” New Jersey Federal Civil Procedure
(New Jersey Law Journal Books), 2005/2006, 2004, 2003 & 2002.

ARTICLES—BUSINESS

• "New Remedies for Oppression in LLCs," Newsletter of the Business Law Section

of the New Jersey State Bar Association Vol. 33 No. 2 (January 2010).

• "Events Triggering Buy-Sell Obligations," a paper explaining common events triggering buy-sell

obligations in shareholders agreements and LLC operating agreements (April 2009).

• “The Executory Accord,” Newsletter of the Business Law Section

of the New Jersey State Bar Association Vol. 31 No. 1 (January 2008).

• “Protecting a Capital Investment,” 189 New Jersey Law Journal 369 (July 30, 2007).

• “Guarantors' Contribution Agreement,” 188 New Jersey Law Journal 478 (May 7, 2007).

• “Application of the Business Judgment Rule to Corporate Officers,”

243 New Jersey Lawyer Magazine 73 (December 2006).

• “A Lawyer's Conflict of Interest in Mergers and Acquisitions,”
Newsletter of the Business Law Section of the New Jersey State Bar Association
(December 2006).

• “One Attorney Representing Multiple Clients Sitting on the Same Side of the Table,”

240 New Jersey Lawyer Magazine 38 (June 2006).

• “Contract Boilerplate (with sample provisions),” Newsletter of the Business Law Section

of the New Jersey State Bar Association (August 2006).

• “New Jersey Law on Contract Boilerplate Provisions,”

232 New Jersey Lawyer Magazine 45 (February 2005).

• “Fundamentals of Due Diligence - Review of Basic Corporate Records for New Jersey Transactions,”

Newsletter of the Business Law Section of the New Jersey State Bar Association,

Vol. 27 No. 2 (May 2004).

• “Law Governing Letters of Intent and Other Preliminary Agreements,”

225 New Jersey Lawyer Magazine 35 (December 2003).

• “The Importance of Letters of Intent and Confidentiality Agreements,”
218 New Jersey Lawyer Magazine 20 (December 2002).
- Cited in Mitchell C. Shelowitz, “How to Avoid the Perils of Over-Negotiating,”
21 No. 9 ACCA Docket 77 (October 2003).

• “Dissolving A Corporation in New Jersey,” 214 New Jersey Lawyer Magazine 49 (April 2002).

ARTICLES—LITIGATION

• “Diversity Jurisdiction and the LLC,” 196 New Jersey Law Journal 326 (May 4, 2009).

• “Getting Nonparty Business Records into Evidence,”
__ For the Defense 68 (September 2007), Defense Research Institute.

• “Modification to the Standard Governing Motions to Dismiss Under Rule 4:6-2(e),”
__ New Jersey Lawyer Magazine 45 (April 2007).

• “Objecting to the Form of Deposition Questions,”
Vol. 21, No. 1 Trial Practice Journal 8 (Fall 2006), ABA Litigation Section, Trial Practice Committee.

• “Basic Principles of Cross-Examination,” Trials and Tribulations,
Defense Research Institute, Trial Tactics Committee (Sept. 2006).

• “How to Avoid Giving Judges Headaches,” 183 New Jersey Law Journal 148 (January 16, 2006).

• “Burden of Proof for Legal Fraud Claims” 170 New Jersey Law Journal 28 (October 7, 2002).
    - Cited in 2B New Jersey Practice – Evidence Rules Annotated (3d ed.) R. 101 (West).

• “Dealing wth Problems at Depositions,” New Jersey Lawyer Magazine (December 2001).
    - Reprinted in 3C New Jersey Practice – Civil Practice Forms (5th ed.) § 35.12 (West).
    - Cited in 1B New Jersey Practice – Court Rules Annotated (5th ed.) R. 4-14-1 (West).

• “Contention Interrogatories,” New Jersey Lawyer Magazine (December 2001).
    - Reprinted in 3C New Jersey Practice – Civil Practice Forms (5th ed.) § 40.7 (West).
    - Cited in 42 New Jersey Practice – Discovery § 2.47 (West)
      (“an excellent discussion of the use of contention interrogatories”).
    - Cited in 1B New Jersey Practice – Court Rules Annotated (5th ed.) R. 4:17-4 (West).

• “Getting Nonparty Business Records into Evidence,” New Jersey Lawyer Magazine (October 2001).
    - Cited in Paul F. Rothstein, Federal Rules of Evidence (3d ed.), Rule 803.
    - Cited in 2B New Jersey Practice – Evidence Rules Annotated (5th ed.) R. 201 (West).
    - Cited in 2D New Jersey Practice – Evidence Rules Annotated (5th ed.) R. 803(c)(6)
      and R. 803(c)(25) (West).

• “Document Indices and the Attorney Work Product Doctrine,”

162 New Jersey Law Journal 241 (October 16, 2000).

• “Application of the Attorney Client Privilege to Communications with Former Employees,”
New Jersey Lawyer Magazine (December 1999).
- Cited in 2C New Jersey Practice – Evidence Rules Annotated (3d ed.) R. 504 (West).

• “The Effect of a Mistrial on Dispositive Rulings,” 157 New Jersey Law Journal 1309

(September 27, 1999).

• Co-author, “An Introduction to Cross-Examination,” New Jersey Lawyer Magazine

(November/December 1998).
    - Cited in Stephen D. Easton, “Can We Talk?: Removing Counterproductive Ethical Restraints
      Upon Ex Parte Communication Between Attorneys and Adverse Party Witnesses,”
      76 Indiana Law Journal 648 (2001).
    - Cited in 3C New Jersey Practice – Civil Practice Forms (5th ed.) § 35.12 (West).

• Co-author, “Using and Opposing Expert Testimony at Trial,” New Jersey Lawyer Magazine

(November/December 1998).

• “Motions for Summary Judgment in State Court Actions”, New Jersey Lawyer Magazine (June 1998).
    - Cited in 2 New Jersey Practice – Court Rules Annotated (5th ed.) Rule 4:46-2 (West).

• “Dealing with an Expert's Conflict of Interest”, 151 New Jersey Law Journal 664 (February 16, 1998).

• “Producing Documents in State Court Actions”, New Jersey Lawyer Magazine (May 1997).
    - Cited in 1B New Jersey Practice – Court Rules Annotated (5th ed.) Rule 4:18-1 (West).
    - The Supreme Court Civil Practice Committee amended Rule 4:18-1 as suggested in the article.

• “Is a Higher Standard Needed for Proof of Fraud?” 138 New Jersey Law Journal 679

(October 17, 1994).
    - The Supreme Court Committee on Model Civil Jury Charges commented on the issue
      raised in the article in its 1996 Supplement to the Model Jury Charges.

• “Where You Can Use Leading Questions,” 137 New Jersey Law Journal 1042 (July 11, 1994).
    - Cited in N.J. Stat. Ann. § 2A:84A-1 et seq. (Appendix A - N.J.R.E. 611) (West)
    - Cited in 2C New Jersey Practice – Evidence Rules Annotated (3d ed.) R. 611 (West).
    - Cited in Charles J. Walsh and Gwen L. Posner, “Presenting and Challenging Witnesses Under
      New Jersey Rules of Evidence 607, 611(c) and 803(a)(1),” 27 Seton Hall Law Review 399 (1997).

ARTICLES—MISCELLANEOUS

• "New Jersey Public School District Nepotism Policies," School Leader (September/October 2009),
   New Jersey School Boards Association.

• “A Policy on Student Use of Cell Phones,” School Leader (December 2007),
New Jersey School Boards Association.

• “The Fundamentals of School Busing,” School Leader (September/October 2003),
New Jersey School Boards Association.

• Op-Ed, “Statutes Prohibiting Offensive Language,” 138 New Jersey Law Journal 901

(October 31, 1994).
- Cited in N.J. Stat. Ann. § 2C:33-2 (West).
- Cited in N.J. Stat. Ann., Constitution, Art. I, ¶ 6 (West).

PHOTOGRAPHS

• Photograph "Palm Trees Against Warner Brothers Building in Burbank, California," appearing in New Jersey Lawyer Magazine (December 2007).

Gianfranco A. Pietrafesa

Attorney at Law