New Jersey

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    State AGs Press FDA To Cut Toxic Metals In Baby Food

    Attorneys general from 22 states have urged the U.S. Food and Drug Administration to step up efforts to eliminate toxic metals in baby food, chiding the agency for missing an April deadline to propose limits for lead.

  • June 28, 2022

    Former Ann Taylor Execs Beat Claims Of Duping Investors

    Former executives with the onetime owner of the Ann Taylor retail clothing brand defeated class claims alleging that they overstated the company's value before unveiling a roughly $1.3 billion impairment, with a New Jersey federal judge on Tuesday concluding that their "rosy" estimates did not amount to duping investors.

  • June 28, 2022

    Constangy Opens NJ Office With Top FordHarrison Atty

    Employment law firm Constangy Brooks Smith & Prophete LLP is expanding its East Coast presence by opening its second New Jersey office and bringing on former FordHarrison LLP partner Salvador Simao to oversee it.

  • June 28, 2022

    Gordon Rees Hires Ex-Fox Rothschild Litigator In Philly, NJ

    A commercial litigation attorney specializing in consumer class action defense has moved her practice to Gordon & Rees LLP's offices in Philadelphia and New Jersey after spending nearly 13 years with Fox Rothschild LLP.

  • June 28, 2022

    CFIUS Probing Ericsson's $6.2B Vonage Buy

    Swedish telecommunications giant Ericsson disclosed Tuesday that national security officials are reviewing its plans to buy New Jersey-based internet phone company Vonage for an enterprise value of about $6.2 billion.

  • June 28, 2022

    Senior Living Co. Says Insurers Stopped Paying Defense Bills

    A senior living community facing a class action over the way it calculates refunds for its residents is suing its insurers in New Jersey federal court, alleging they've stopped covering in full the community's defense costs in the underlying case despite having done so for years.

  • June 28, 2022

    Justice Alito's Former NJ Home Barraged With Hate Mail

    Justice Samuel Alito's former New Jersey home is being targeted by hate mail in the wake of the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, which struck down the constitutional right to abortion.

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    3rd Circ. Urged To Allow Ammo Maker's Tort Claims

    Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.

  • June 27, 2022

    Cannabis Bill Roundup: NJ Sen. Eyes Legalizing Hallucinogen

    A leading New Jersey state senator has introduced a new bill to legalize the hallucinogen psilocybin for adults 21 and over, while lawmakers pitched bills on Capitol Hill to help cannabis companies access capital and veterans use medicinal marijuana. Here are the major legislative moves in cannabis and drug reform from the past week.

  • June 27, 2022

    Google Fights App Users' Class Cert. Bid In Antitrust Row

    A month after announcing a settlement to resolve app developers' antitrust claims, Google wants to escape allegations that its policies inflate the cost of apps on its Play Store, accusing a group of consumers seeking class certification of "misconstruing evidence and brushing aside competitive realities."

  • June 27, 2022

    Ex-Temple Biz Dean Appeals Rankings Fraud Case At 3rd Circ.

    The former dean of the Fox School of Business at Temple University has asked the Third Circuit to throw out his conviction on charges that he falsely inflated the school's stats to boost its ranking in U.S. News & World Report, arguing that students still got a good education in exchange for their tuition.

  • June 27, 2022

    Marriott Project Backers Win NJ Appeal Over Failed Land Deal

    A New Jersey state appeals court on Monday said a trial judge was right to order a hospitality business and its owner to reimburse two investors a combined $350,000 because the company failed to purchase land for the development of a Marriott hotel.

  • June 27, 2022

    Insurer Seeks Win In NJ Hair Salon's Virus Coverage Suit

    A Farmers Insurance unit told a New Jersey federal judge that a hair salon has provided little evidence of physical loss or damage from COVID-19 and the pandemic shutdown orders.

  • June 27, 2022

    NJ Atty Says County Fired Him For Crossing Sheriff

    The former county counsel of Sussex County, New Jersey, hit the county with a whistleblower lawsuit alleging he was fired in retaliation for opposing a request by the county sheriff to pay his personal legal bills with county dollars and objecting to an immigration-related ballot question.

  • June 27, 2022

    Supreme Court Won't Review Vascepa Patent Case

    The U.S. Supreme Court won't review a Federal Circuit decision that shut down a challenge to a lower court's order invalidating six patents on Amarin's blockbuster heart drug Vascepa, handing a loss to a group made up largely of the company's shareholders.

  • June 24, 2022

    Dems Call For FTC Probe Of Mobile Tracking By Apple, Google

    Four members of Congress on Friday urged the Federal Trade Commission to investigate how Apple and Google track mobile phone users, saying they're particularly concerned about third parties' ability to access this location data in the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade.  

  • June 24, 2022

    Kosher Certification Co. Says JetBlue's TM Use Isn't Kosher

    A company specializing in certifying kosher food sued JetBlue Airways Corp. in New Jersey federal court Thursday alleging the airline violated its trademark by selling food labeled as having been certified by the company when it was not.

  • June 24, 2022

    NJ Panel Reverses Casino's Virus Coverage Suit Victory

    A New Jersey state appeals panel ruled that an Atlantic City casino and resort operator's suit for pandemic coverage should have been dismissed by a lower court that found the casino plausibly alleged it sustained the kind of direct damage required for coverage.

  • June 24, 2022

    NJ Developer Wants To Claw Back Cash From Ex-Executives

    Real estate developer National Realty Investment Advisors has filed a suit in New Jersey bankruptcy court to claw back $420,000 it alleges the company's then-CEO withdrew from its accounts before passing it on to a now-former executive facing fraud charges.

  • June 24, 2022

    NJ Panel Sends $75M LNG Dock Contract Tiff To Arbitration

    The operator of a private port in New Jersey has to arbitrate its dispute with a contractor over slowdowns on a construction project, a state appellate panel said Friday, upending a lower court decision that would have allowed the lawsuit to move forward.

  • June 24, 2022

    Dr. Reddy's Gets $72M In Generic Suboxone Settlement

    Indivior, Aquestive and Dr. Reddy's Laboratories have ended their yearslong litigation battle over generic versions of the opioid addiction treatment Suboxone, with the Indian drugmaker on Friday saying it will receive $72 million by April 2024.

Expert Analysis

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Is NJ's Voluntary Transfer Pricing Initiative Really Voluntary?

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    The New Jersey Division of Taxation's voluntary transfer pricing audit initiative promises penalty abatement to taxpayers that elect to participate and agree to the division's proposed adjustments, but the effective penalties associated with nonparticipation raise questions about the program's voluntary nature, say attorneys at McDermott.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Turnover Provision Ruling Is Warning For Junior Creditors

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    The recent Third Circuit decision in CoFund v. Hitachi serves as a useful reminder to junior and senior creditors as to how their dealings in an intercreditor arrangement may play out following a debtor's bankruptcy, and provides insight into the consequences a junior creditor may face after breaching a turnover provision, say attorneys at Cadwalader.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Ch. 11 Trustee Fee Ruling Leaves Remedy Challenges

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    The U.S. Supreme Court’s unanimous decision this week in Siegel v. Fitzgerald concerning quarterly fees payable by Chapter 11 debtors to fund the U.S. Trustee Program offloads the determination of remedies to the courts below, raising questions such as whether there is a sound legal basis for foisting fees onto North Carolina and Alabama, says Sasha Gurvitz at KTBS.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

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