New Jersey

  • January 27, 2022

    Widow Wants Lowenstein Sandler DQ'd From Estate Fight

    A pharmaceutical executive's widow has called on a New Jersey state appeals court to ban Lowenstein Sandler LLP from representing one of its attorneys as co-executor of her late husband's estate in a probate matter, as she and the lawyer are battling over the handling of assets once valued at more than $170 million.

  • January 27, 2022

    NJ Judge Must Undergo Psych Exam In Workplace Bias Suit

    A New Jersey magistrate judge ruled Thursday that a state court judge must undergo a psychiatric evaluation in order to level the playing field for judiciary officials fighting her claims that workplace bias left her emotionally distressed.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Pediatricians Urge 3rd Circ. To Uphold School Mask Mandates

    The Pennsylvania chapter of the American Academy of Pediatrics urged the Third Circuit to allow mask mandates for children attending a Pittsburgh-area school district, saying such rules help protect children who may be more vulnerable to COVID-19.

  • January 27, 2022

    Bessemer Trust Favors Proprietary Funds, Class Action Says

    Bessemer Trust Company has been hit with a proposed class action in New Jersey federal court over claims that it has engaged since 2016 in unlawful self-dealing and shown favoritism to its proprietary Old Westbury Funds, causing investors to experience increased fees and meager returns.

  • January 27, 2022

    Fed. Court Should've Dropped NJ Cable Fight, 3rd Circ. Told

    The New Jersey Board of Public Utilities told the Third Circuit on Thursday that a federal court should have stepped away from the regulator's battle with cable company Altice USA Inc. over customer billing, but stayed in the fight after misapplying the test for determining when abstention is appropriate.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    NJ Judge Wins Disclosure Of Internal Memos In Pension Suit

    A New Jersey state judge on Thursday cleared a fellow state jurist to publicly disclose two internal memos in pursuing a lawsuit alleging state judiciary officials engineered the state Supreme Court's denial of her disability pension application, rejecting their stance that such materials must remain under wraps.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    NJ Atty Banned From LinkedIn Can Still Sue Networking Site

    A New Jersey appellate panel on Wednesday gave a Garden State attorney another chance to pursue his claims against LinkedIn after a trial court dismissed his suit, but he will have to pursue the claims in California.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Insurers Beat Virus Suit In NJ As Property Damage Is Absent

    A New Jersey state judge ruled Wednesday that the lack of property damage torpedoed a bid from hospitality and recreational companies to obtain up to $490 million in coverage from excess insurers for losses related to the coronavirus outbreak.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Courts Again OK Limits On NJ Migrant Info Sharing With Feds

    A New Jersey state appellate court upheld a directive from the state's former attorney general that restricted local law enforcement's ability to coordinate with federal immigration authorities, finding Wednesday that an exemption to the state's rule-making procedures permits the mandate.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Let Plaintiffs Outside Pa. Into FedEx Wage Suit, 3rd Circ. Told

    Former FedEx security specialists urged the Third Circuit to undo a Pennsylvania federal court's exclusion of claims by out-of-state plaintiffs in a collective wage action alleging overtime pay violations, arguing Wednesday that the ruling undermines the streamlined litigation mechanism of federal labor law.

  • January 26, 2022

    Minor Role In NY Gambling Ring Still Merits Prison, Feds Say

    The operator of a club linked to an illegal gambling ring in New York should spend six months to a year in prison regardless of the minor role he played in a larger racketeering case, federal prosecutors recommended Tuesday.

  • January 26, 2022

    Ex-NJ Judge Can't Explain Woman's Groping Claim To Panel

    A judicial ethics panel questioned a former New Jersey municipal court judge Wednesday about why a woman would allege that he squeezed her breasts in his law office when he claims he only inadvertently touched them on the sides, a discrepancy in their accounts that the retired jurist said was difficult to comprehend.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    3rd Circ. Urged To Use Newer 'Occurrence' Insurance Ruling

    A Pennsylvania construction company urged the Third Circuit to rule that Berkley Specialty Insurance Co. must cover a judgment a couple won in a lawsuit claiming faulty roof work, arguing Wednesday that a lower court ignored case law that expanded the definition of coverable damage.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    NJ Court Faults Prison's 'Cryptic' Response In Inmate IP Suit

    While the Federal Circuit said a patent owner imprisoned in New Jersey couldn't bring an infringement suit without permission from the prison administrator, a New Jersey appeals court on Wednesday said it's unclear whether that permission was ever explicitly denied.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Drug Patent Suits' Novel Theory Tests False Claims Act Limits

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    Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Exculpation Ruling Shows Danger Of Overbroad Clauses

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    A New Jersey bankruptcy court’s recent decision in BAK Advisors v. Sax, holding that an accounting firm’s exculpation clause was too broad and contrary to public policy, should urge accountants and advisers to narrow and specify liability limitation language in agreements, and to carefully consider the timing of dismissal motions, says Kenneth Rosen at Lowenstein Sandler.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • How State High Courts Are Ruling On Consent To Jurisdiction

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    Recent state supreme court decisions from New York, New Mexico, Pennsylvania and Georgia implicate whether a corporate defendant will be subject to suit for claims unconnected to a state merely for registering to do business there, and the tension between the Georgia Supreme Court's decision and settled precedent means the issue may be before the U.S. Supreme Court soon, say Jayne Risk and Neal Kronley at DLA Piper.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • Injunctions May Only Pause Gov't Contractor Vaccine Mandate

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    Notwithstanding a string of recent decisions enjoining implementation of President Joe Biden's COVID-19 vaccine mandate for government contractors, it would be prudent for contractors to keep compliance infrastructure in place as litigation continues, says Richard Arnholt at Bass Berry.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

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