About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 163

Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.

Articles written by Judy Malmon, J.D.

Attorney-Client Privilege in New Jersey: What You Need to Know

What attorney-client privilege means, and the exceptions to it in New Jersey

Our legal system is designed to maximize the furtherance of justice and truth. Toward that end, the law recognizes a right in those accused or sued to representation by an attorney who can advocate and strategize on their behalf. This right wouldn’t mean much if what you say to your lawyer could then be available for a court to review, and so the attorney-client privilege was created. The privilege was established as a means to promote candor between an attorney and their client. As such, the …

Planning the Future of the Family Business in New Jersey

Are your kids really the best choice to take over the company?

Family-owned companies continue to be a major component of the American economy. They comprise roughly half of the U.S. gross domestic product, including 35 percent of Fortune 500 companies. Of course, with a family business, there’s often unique significance in sustaining a legacy. However, only 23 percent of family-owned businesses have a documented business succession plan, and scarcely one-third successfully survive a generational transfer. And while part of what makes joining with other …

What To Do When Employees Claim Stress

Stress-based workers’ comp claims in New Jersey face a higher bar

Stress. It’s everywhere in our fast-paced modern lives. We know that chronic stress can affect our overall health and well-being, and for many of us, practices like exercise and learning to meditate can help restore balance. It’s a given that work will be a primary source of stress, typically related to time management, the weight of responsibility, and managing relationships. But there may be circumstances when work becomes more than an ordinary source of stress, and actually causes a kind …

What Are Gig Workers?

Misclassifying gig workers as independent contractors can get employers in legal trouble

The world of employment has undergone significant restructuring in the last decade or so, incorporating concepts like remote work, flex-time, gig economy workers, and a host of other innovations that challenge our traditional understanding of what it means to be an employee. Gig workers are often understood to be independent contractors. However, whether gig workers are classified as employees or independent contractors is a matter of ongoing debate and legal change. The Problem of …

When to Consult a Birth Injury Attorney: Key Considerations

The complexity and expense of birth injury lawsuits make attorney consultation essential

Awaiting the birth of a baby is an exciting time that brings with it countless things to think about, including planning for labor and delivery. In an ideal world, the worst thing that happens at your baby’s birth is that your carefully organized playlist doesn’t make it to the delivery room. In some cases, however, much more serious problems occur. If your child was injured during the delivery process and you suspect medical negligence was involved, the best advice is to speak with a …

Claiming Workers' Comp for Job-Related Stress

How to seek relief when workplace stress is significant in California

Stress is a part of life. For most people, our levels of worry and anxiety fluctuate from day to day based on a wide variety of factors. For some, work is a primary source of stress, typically related to deadlines, responsibility, time management and in-office relationships. But there may be circumstances when work becomes more than an ordinary source of mental stress—when it can actually cause a kind of harm for which an individual may be eligible for workers’ compensation. Under …

A Notary is Not a Lawyer

Notarization might not mean what you think it means

When it comes to a notary public, the traditional thinking is that their signature provides a kind of official approval—a rubber stamp that elevates the contents of the document. But this is not so. Unless a notary is also a licensed attorney, their training, duties and authority are limited to witnessing and extrinsic verification (that the document being signed is, for example, a power of attorney). If you need advice, explanation or verification regarding the contents of the documents …

The Public's Right to Know in Washington State

Public disclosure requests and the state government

In 2017, a coalition of news agencies in Washington state filed a lawsuit against the Washington State Legislature and its leadership over conflicting interpretations of the state’s public records law. The underlying matter involved requests for documents— emails, calendar entries, text messages—related to claims of sexual harassment within the legislature. Public Access to Information in the State of Washington Public records disclosure laws are intended to ensure that members of the …

State Laws That Protect Freedom of the Press for Students

New Voices laws give protections against media censorship

In 1988, the U.S. Supreme Court decided in Hazelwood School District v. Kuhlmeier that it was OK for school administrators to censor what was written in student newspapers and student media, stating that students do not share in a right of free speech and free press accorded professional journalists. In the Hazelwood case, a school principal pulled from publication articles on abortion and divorce, considering the topics too mature and potentially disturbing for its high school audience. The …

Taking Legal Action Against Opioids

Ohio takes the lead on claims against opioid manufacturers and distributors

Approximately 130 Americans die each day from opioid-related overdose. Often, the actual cause of death is not known at the time, and not always documented after the fact—meaning opioid overdose-related deaths may be undercounted by as much as 25 to 30 percent. States have begun pursuing redress against drug companies for their role in creating and perpetuating the opioid crisis. Over 40 states have joined in multidistrict litigation (MDL) against drug manufacturers and distributors of …

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