An Examination of Recent Litigation Results Under Standard Provisions in Commercial and Consumer Contracts

Hanover Marriott, Whippany, NJ

John D. North, a partner in the firm’s Litigation Department, will moderate the panel discussion "How Rusty Is Your Boilerplate?  An Examination of Recent Litigation Results Under Standard Provisions In Commercial and Consumer Contracts” at the NJCCA’s Annual All-Day CLE Conference.  Mr. North will be joined for the presentation by panelists Joseph M. Oriolo, a partner in Greenbaum’s Corporate Department, and Elyse D. Beidner, Senior VP and Chief Legal Officer at Boiling Springs Savings Bank.

The program will address litigation experience under standard provisions such as jury waivers, arbitration and alternative dispute resolution provisions and fee-shifting provisions.  The discussion will include recent case law developments and the impact of New Jersey's "implied covenant of good faith and fair dealing" doctrine and the Consumer Fraud Act.  The strategic considerations to be addressed will also include the use of newly available attorneys' fees risk insurance to blunt the leverage of fee-shifting provisions, and the potential impact of the expedited civil litigation program recently proposed by the New Jersey Supreme Court's Advisory Committee on Expedited Civil Actions.  

Mr. North focuses his practice in commercial litigation, banking litigation, construction litigation and in professional liability and negligence matters. He has tried over 75 jury cases to verdict, including significant cases in the fields of banking, insurance, legal malpractice, medical malpractice, products liability, and construction.  While he primarily handles defensive litigation, Mr. North also maintains a personal injury practice limited to significant injuries and complex liability issues. He is a New Jersey Supreme Court Certified Civil Trial Attorney.

Mr. Oriolo’s corporate law practice includes the representation of individuals and privately held businesses across various industry sectors, including retail, manufacturing, transportation and healthcare.  He focuses on corporate mergers and acquisitions, leveraged acquisitions, partnerships and joint ventures, commercial real estate transactions, asset and real estate based financing, leases, management and employment agreements, distribution and licensing agreements, business planning and organization.  He has extensive experience negotiating, drafting and counselling in all aspects of corporate practice.

For more conference information and to register, visit