Pashman Stein Walder Hayden P.C. Named New Jersey Law Journal’s Law Firm of the Year 2023*

Jennifer Borg, Pashman Stein Walder Hayden P.C. Photo

Jennifer A. Borg

Of Counsel
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Overview

Jennifer is of counsel in our media law practice and brings a unique set of skills and experience as the former in-house lawyer at North Jersey Media Group. At North Jersey Media Group, Jennifer ran the legal department for fifty (50) publications including the award-winning daily newspaper, The Record, and was instrumental in structuring the sale of the publications in 2016.

Jennifer provides counsel to organizations on a wide variety of issues assisting with business and legal strategy, the acquisition and sale of publications, content-sharing, governance, licensing, rights of publicity, contracts, and distribution. She routinely vets content prior to publication to safeguard clients against potential claims of defamation and privacy and advices on source protection, newsgathering, ethics, and newsroom policies.

Jennifer has broad experience in defending clients against claims of defamation and privacy and is a fierce advocate of open and transparent government. She has successfully litigated many cases under NJ’s public records law (OPRA) and has testified several times before the legislature seeking amendments to the law. Jennifer is a Visiting Clinical Lecturer at Yale Law School where she has been teaching at the Media Freedom & Information Access law clinic since 2019.

Jennifer is a cofounder of the Women’s Foundation of New Jersey f/k/a North Jersey Media Group Foundation, which she founded in 2002. Jennifer currently serves as a trustee of the New Jersey Foundation for Open Government.

Jennifer has specific experience with the following:

  • Advising reporters, documentary filmmakers, and broadcasters with news gathering issues and pre-publication review;
  • Representing the press and photographers with access rights to trials and hearings including the right to record trials;
  • Assisting media organizations with access to court records and court proceedings;
  • Drafting FOIA requests and FOIA litigation;
  • Representing media and non-media clients in defamation and invasion of privacy cases; 
  • Accessing public records and court records;
  • Assisting companies in selling and acquiring publishing assets;

  • Drafting and negotiating content licensing and syndication agreements, freelance agreements, and media liability insurance policies;

  • Advising organizations on compliance with federal and state worker classification; and

  • Advising on ethics and other newsroom policies.

Jennifer is proud of the results she has achieved for clients, some of which are noted here and under the “Experience” section of this biography. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.

Experience

Representative Matters

Our firm is proud of the results it has achieved for clients, some of which are noted here.  Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters. 

Certain of the matters below were handled by Jennifer prior to her joining Pashman Stein Walder Hayden P.C.:

  • Regularly represents the Society of Professional Journalists (New Jersey Chapter) and its members on a wide range of media law issues.
  • Regularly represented a national non-profit online news organization covering America's criminal justice system, routinely assisting its reporters and editors with pre-publication review of investigatory reporting.
  • Regularly provides pre-publication and pre-broadcast advice to minimize risk.
  • Jointly represented three international news organizations seeking disclosure of sealed documents in a $1.6 billion defamation lawsuit.
  • Represented an international news organization seeking access to public records related to the State of New Jersey’s settlement of taxes owed by various casinos in Atlantic City.
  • Has won numerous lawsuits on behalf of reporters to serve the public’s right to know under the Open Public Records Act (OPRA) and the Open Public Meetings Act (OPMA).
  • Represented numerous reporters and publications defending libel lawsuits and invoking the Shield Law to prevent reporters from having to testify about their newsgathering activities.
  • In 2001, in conjunction with a non-profit organization, Jennifer led a lawsuit against a former Attorney General after 9/11 in order to obtain information about secret detainee hearings held by the U. S. Immigration and Naturalization Service.
  • Assists news publications with ensuring their engagement of freelancers complies with federal and state independent contractor laws.
  • Routinely advises news organizations with content licensing and freelance agreements.
  • Assists media organizations with sale and purchase of publication assets.

Recognition

Honors & Recognitions

  • American Civil Liberties Union, Legal Leadership Award, 2017
  • American Bar Association Journal, Record’s aggressive efforts to gain access to public records in “BridgeGate”
  • PolitickerNJ, “Power” List, 2015
  • Senate Majority Leader Weinberg’s, “Power” List, 2013-2014
  • NJBiz, General Counsel of the Year Award, 2013

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

News & Insights

News

Publications

Associations

Community & Professional

  • Member of the Board, New Jersey Foundation for Open Government
  • Former Member of the Board, First Amendment Museum (Augusta, Maine)
  • Advisory Member, Tully Center for Free Speech, Syracuse University
  • Member of the Board, Women's Foundation of New Jersey, Inc.
  • Former Member of the Board, Table to Table
  • Former Member of the Board, East Hampton Historical Society (New York)
  • Former Member of the Board, Hackensack University Medical Center (HUMC)
  • Former Member of the Board, HUMC Foundation
  • Former Member of the Board, Program for Parents Inc.
  • Former Member of the Board, Urban League for Bergen County
  • Former Member of the Board, The Dwight Englewood School
  • Former Member of the Board, Marilyn Horne Foundation
  • Founding Member, Women United in Philanthropy
  • Founder and President, North Jersey Media Group Foundation
  • Former Chair, President, and Member of the Board, New Jersey Press Association (NJPA), and NJPA Foundation
  • Member, D.C. Bar Association
  • Member, American Bar Association
  • Member, New Jersey State Bar Association
  • Member, New York City Bar Association
  • Member, New York State Bar

Practice Areas

Bar Admissions

  • New Jersey
  • New York
  • District of Columbia (inactive but in good standing)

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York

Education

J.D., Columbia University School of Law, 1990

Columbia Human Rights Law Review, Editor

Moot Court, Editor and Judge

B.A., Denison University, 1987

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