New Jersey

  • July 02, 2020

    High Court Won't Touch Rules Restricting Abortion Protestors

    The U.S. Supreme Court won't hear challenges to Chicago and Harrisburg ordinances that set boundaries on anti-abortion protesters outside of clinics, leaving in place Seventh and Third Circuit rulings upholding the buffers.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    NJ Catering Biz Owners Not Liable For Drunken Party Fight

    A New Jersey federal judge trimmed claims against owners of a catering company over a drunken fight that erupted after a hired entertainer found his Superman cape floating in a pool, saying owners of companies that serve alcohol don't have personal liability for the actions of their business.

  • July 02, 2020

    J&J Investors Seek Cert. In Asbestos Stock-Drop Suit

    A proposed class of Johnson & Johnson investors asked a New Jersey federal judge Wednesday to certify it in a lawsuit alleging the company artificially inflated stock prices by hiding that its baby powder products were filled with cancer-causing asbestos.

  • July 02, 2020

    Minor League Teams Sue For Coverage Of Canceled Season

    Several Minor League Baseball teams are suing their insurers over coverage of the loss of income after their season was canceled, alleging they have been wrongfully denied coverage under their policies.

  • July 02, 2020

    Virus-Shuttered Orthodontist Sues Insurer Over Claim Denial

    A New Jersey orthodontic practice launched a lawsuit Thursday accusing Sentinel Insurance Company Ltd. of denying its claim for business interruption coverage after COVID-19 forced the temporary closure of its two offices, despite the fact that its all-risk policy includes the coverage.

  • July 02, 2020

    Top New Jersey Cases Of 2020: A Midyear Report

    New Jersey attorneys made possible a host of significant achievements in the first half of 2020 as the state maintained its place as the second-hardest-hit by COVID-19 and shuttered courtrooms forced most proceedings to be held via telephone or Zoom. 

  • July 01, 2020

    Fed. Circ. Keeps Sandoz's Enbrel Biosimilar Off The Market

    Amgen Inc. on Wednesday fended off competition to its top-selling biologic Enbrel, when the Federal Circuit rejected Sandoz Inc.'s arguments that two patents are invalid for double-patenting.

  • July 01, 2020

    11 Cases Cut From J&J Talc MDL And Sent Back To Mo. Court

    A New Jersey federal judge has kicked to a Missouri state court 11 cases Johnson & Johnson and others are facing as part of multidistrict litigation alleging that the pharmaceutical giant's baby powder contains asbestos and can cause ovarian cancer.

  • July 01, 2020

    Engine Co. Gets Malpractice Suit Against NJ Firm Revived

    A New Jersey appellate court on Wednesday revived a malpractice case against Haddonfield, New Jersey-based law firm Archer, concluding that an alleged conflict of interest was not properly addressed by the lower court judge who tossed the case.

  • July 01, 2020

    Shearman & Sterling Wants IT Manager's Age Bias Suit Booted

    Shearman & Sterling LLP urged a judge Wednesday to throw out an age bias case brought by a former IT manager who said the firm fired him amid COVID-19 belt-tightening, arguing the worker had no business suing in Manhattan federal court.

  • July 01, 2020

    In Reversal, Litigious Porn Co. Can Unmask Downloaders

    A New Jersey federal judge ruled Tuesday that Strike 3 Holdings — a porn studio that has filed thousands of copyright lawsuits — must be allowed to unmask illegal downloaders, overturning a judge who sharply criticized the company's mass litigation.

  • July 01, 2020

    Senate Dems Tackle Coronavirus Waivers For College Athletes

    A pair of Democratic senators have floated a bill aiming to block colleges from requiring student-athletes to sign liability waivers related to the COVID-19 pandemic as some schools are starting to allow athletes back on campus and as the NCAA pushes toward a fall season in some form.

  • July 01, 2020

    Sandoz Dodges Sanctions Bid In Antitrust Dispute

    A New Jersey federal judge has rebuffed biopharmaceutical company United Therapeutics and infusion pump maker Smiths Medical's bid to impose sanctions on Sandoz and its marketing firm in an antitrust dispute, ruling that they attempted to correct their accidental filing of an unredacted document that revealed trade secrets.

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Indivior Wants 3rd Circ. To Undo Suboxone Class Cert.

    Indivior Inc. implored the Third Circuit to undo certification of a class action accusing the company of delaying generic competition of its opioid addiction drug Suboxone, arguing Wednesday that certification was improperly based on an overarching antitrust theory, rather than on individually evaluated claims.

  • July 01, 2020

    Weil, Latham Guide Analytics Co. D&B's $1.7B Upsized IPO

    Shares for data and analytics service Dun & Bradstreet began trading on the New York Stock Exchange on Wednesday in an upsized initial public offering that raised $1.7 billion — the third largest this year — in a deal advised on by Weil Gotshal & Manges LLP and Latham & Watkins LLP.

  • June 30, 2020

    Ex-Judge Accused Of Being Drunk On Job Must Beef Up Suit

    A former Newark municipal judge must file a revised suit if she wants to pursue allegations that she was wrongfully fired and discriminated against amid false accusations of being drunk on the job, a New Jersey federal court ruled.

  • June 30, 2020

    Key Senators Want To Add New Federal Judgeships This Year

    The Republican chairman of the Senate Judiciary Committee was joined by the panel's Democrats on Tuesday in calling to create new federal judgeships for the first time in nearly 20 years, but the idea needs broader GOP support to move forward.

  • June 30, 2020

    Ex-Wilmington Trust Brass Seek To Scotch Fraud Convictions

    Four former Wilmington Trust Corp. executives urged the Third Circuit to undo their fraud convictions for failing to flag real estate loans totaling millions of dollars that were in arrears, arguing Tuesday that there was no regulatory or statutory definition of "past due" on which to base criminal charges.

  • June 30, 2020

    Imerys Ch. 11 Sale Process OK'd Despite Insurer Concerns

    A Delaware judge on Tuesday approved Chapter 11 sale procedures for Johnson & Johnson talc supplier Imerys Talc America Inc., despite opposition from a group of insurers who contended they may not be left with enough time to mount a challenge if certain insurance policies are included in the sale.

  • June 30, 2020

    States Criticize EPA Push To Maintain Particulate Matter Regs

    A coalition of states including Maryland and New York told the U.S. Environmental Protection Agency that fine and coarse particulate matter pollution kills thousands of people each year and the agency is wrong not to tighten its rules to better protect public health.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Handling Employee Vacation Requests During COVID-19

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    While there is little precedent for dealing with employee vacation requests during a pandemic, companies can protect workers by carefully asking about travel plans, and following public health agency and local guidelines when advising employees to self-isolate, say attorneys at Baker McKenzie.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • Reinsurance Implications Of COVID-19 Biz Interruption Laws

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    In light of legislative and public pressure in the U.S. and U.K. on insurers to cover business interruption losses related to COVID-19, reinsurers will face new questions regarding their obligation to cover claim payments, say Robin Dusek at Saul Ewing and Susie Wakefield at Shoosmiths.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • How COVID-19 Impact Analysis May Shape MAE Disputes

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    Emerging disputes over whether the COVID-19 crisis has triggered a merger transaction’s material adverse effect clause shine a spotlight on the importance of showing whether the pandemic has disproportionately impacted particular industries and companies, say David Tabak and Edward Flores at NERA.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • A Legal Guide To What Happens Next In US Atty Berman Saga

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    Although the next moves following the dramatic ouster of Geoffrey Berman as U.S. attorney for the Southern District of New York, and the status of Audrey Strauss as acting U.S. attorney, are largely circumscribed by the Federal Vacancies Reform Act, open questions remain, says Daniel Levy at McKool Smith.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • An Inside Look At DOJ Fight Against COVID-19 Price-Gouging

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    New Jersey U.S. Attorney Craig Carpenito and Assistant U.S. Attorney Nicholas Grippo share how the U.S. Department of Justice is combating hoarding and price-gouging of medical supplies and analyze some of the prosecutions a new task force has brought during the pandemic.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Harassment Ruling Doesn't Clear Cos. Of All Worker Conduct

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    The Third Circuit’s recent opinion in Yucis v. Sears Outlet Stores shows that companies are not always liable for an employee’s sexual harassment of a customer, but courts can still find vicarious liability when one of five factors is satisfied, says Melissa Legault at Squire Patton.

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