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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case
The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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October 14, 2025
Split 3rd Circ. Won't Redo Order To Count Undated Ballots
The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.
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October 14, 2025
3rd Circ. Vacates Injunction Over Erie Indemnity Fee Claims
A Pennsylvania federal court erred in preliminarily halting a state court action challenging Erie Indemnity Co.'s collection of a management fee, the Third Circuit ruled Tuesday, rejecting Erie Indemnity's position that two similar, now-dismissed lawsuits precluded the state court action from proceeding.
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October 14, 2025
NJ Mayor Pans US Atty's 'Breathtaking' False Arrest Defense
Newark Mayor Ras Baraka on Tuesday slammed a move by acting New Jersey U.S. Attorney Alina Habba to escape his malicious prosecution and false arrest civil suit as doomed to fail.
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October 14, 2025
Judge Slams Feds' 'Ham-Handed' Bid To Skirt DHS Aid Order
The U.S. Department of Homeland Security and other federal agencies did "precisely" what a Rhode Island federal court forbade when they recently told states that they must agree to help with immigration enforcement in order to receive disaster and security funding, a judge ruled Tuesday.
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October 14, 2025
Butcher Says NJ Grocery Store Stiffed Workers On Full Wages
A grocery store in New Jersey paid workers below the state minimum wage, denied them overtime pay and failed to keep accurate records, a former butcher alleged in a proposed class and collective action in federal court.
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October 10, 2025
Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.
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October 10, 2025
Ex-Temple Worker Can Sue Under ADA, Not As Whistleblower
A New Jersey federal judge ruled Friday that a longtime Fox Chase Cancer Center employee who claims she was ousted by a new supervisor after taking sick leave can add an Americans with Disabilities Act claim to her lawsuit, but not New Jersey or Pennsylvania whistleblower claims.
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
Bed Bath & Beyond $1.95M ERISA Deal Gets Final OK
A New Jersey federal judge signed off on a $1.95 million class action settlement resolving claims that the administrators of Bed Bath & Beyond Inc.'s 401(k) savings plan shortchanged employees after the retailer's bankruptcy-triggered plan termination.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
Covington, Goodwin Guide Bristol Myers' $1.5B Orbital Buy
Bristol Myers Squibb plans to acquire privately held Orbital Therapeutics for $1.5 billion in cash, aiming to expand its pipeline in cell- and RNA-based therapies for autoimmune diseases, the companies announced Friday.
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October 10, 2025
Pharma Co. Escapes Suit Over Ex-CEO's Alleged Misconduct
Exscientia PLC on Friday won dismissal of a proposed class action related to the termination of its CEO after claims emerged that he participated in inappropriate workplace relationships, with the court finding the investors failed to show that the company's statements about its culture and governance were anything more than puffery.
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October 10, 2025
Rutgers Law Debuts Criminal Defense Clinic In Camden, NJ
Rutgers Law School is rolling out a new criminal defense clinic this semester, offering eight students the chance to build real trial skills by representing clients in Camden municipal court.
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October 10, 2025
NJ Senate President Calls For Monitor Of State AG Unit
New Jersey Senate President Nicholas Scutari on Friday called for the appointment of an independent monitor to oversee the state's Office of Public Integrity and Accountability, saying it has been troubled with failed prosecutions, botched investigations and misconduct.
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October 10, 2025
Rite Aid Fires Back At Claims It Broke CVS Sale Deal
Bankrupt drugstore chain Rite Aid Friday defended its decision to not pay for druggist insurance to cover ex-employees at pharmacies it has sold to former competitor CVS, while saying CVS has breached the sale deal itself by withholding its final payment.
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October 09, 2025
Cannabis Co. Says 'Disgruntled' Employee Stole Trade Secrets
New Jersey cannabis products maker Kushi Labs LLC is suing its former employees, claiming they stole confidential trade secrets and took them over to a rival manufacturer, according to a federal lawsuit seeking at least $750,000 in damages.
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October 09, 2025
US Wind Fights For Countersuit Against Offshore Project Foes
US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.
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October 09, 2025
NJ Justices Probe Insurer's Role In $12M Settlement Fight
The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.
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October 09, 2025
ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal
The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.
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October 09, 2025
Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.
The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.
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October 09, 2025
BeFrugal Marketing Firm Says Exec Steered Clients To Rival
Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.
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October 09, 2025
Fired Jets Executive Fights Team's Use Of 'Privileged' Texts
A former finance executive suing the New York Jets for an alleged retaliatory firing after her husband reported sexual harassment by the team's president now seeks an injunction to stop the organization from publicly disclosing or discussing certain text messages between her and her spouse.
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October 09, 2025
Ousted NJ US Attorney Rejoins McCarter & English
Months after she was abruptly fired by President Donald Trump from her role as New Jersey U.S. attorney, former federal prosecutor Desiree "Desi" Grace has rejoined McCarter & English LLP's Newark office as a partner, the firm announced Thursday.
Expert Analysis
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.