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New Jersey
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March 20, 2024
Retired NJ Judge Talks Courts' Role In Preserving Democracy
Retired U.S. District Judge Noel Hillman, who is now leading Gibbons PC’s alternative dispute resolution group, joined Law360 Pulse for a conversation about his return to private practice and how the judiciary branch is largely responsible for maintaining “the greatest democracy in the world.”
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
NJ Town Exits Eagles Fan's Battery Suit Over QB's Football
A Philadelphia Eagles fan has dropped the town of East Rutherford, New Jersey, from his suit claiming he was battered at MetLife Stadium after quarterback Jalen Hurts gave him a game ball, but the other defendants are still on the hook, according to court documents.
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March 20, 2024
Counterclaim Tossed In Attys' Fight Over Broken Biz Alliance
A federal judge has handed one victory in a larger battle to a lawyer and his Philadelphia-based law firm suing another attorney over a business relationship gone south, agreeing that a counterclaim from the defendant for breach of contract can't stand.
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March 20, 2024
Former Rutgers GC Tapped As New President Of American U.
A former top attorney for Rutgers University in New Jersey and onetime associate with Morgan Lewis has a new title elsewhere in the world of higher education — president of American University.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
New York Red Bulls GC Now Also Soccer Team's HR Chief
The general counsel of the New York Red Bulls has been promoted to also serve as chief administrative officer of the Major League Soccer team, which plays its home games in New Jersey, the team announced this week.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Nevada Dem. Says She Can't Support 3rd Circ. Nom.
U.S. Sen. Catherine Cortez Masto, D-Nevada, on Tuesday became the first Democrat to publicly say she cannot support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge, if confirmed.
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March 19, 2024
CFTC Decries Forex Firm's 'Strong-Arm' Sanctions Bid
The U.S. Commodity Futures Trading Commission has admitted in a court filing that it made an error in a lawsuit accusing a foreign exchange firm of defrauding its customers but said the now-corrected error does not merit sanctions, and the defendants appear to be abusing the sanctions process to "strong-arm" their way into a better settlement.
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March 19, 2024
Feds, NY Residents Spar Over Congestion Pricing Battle
Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.
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March 19, 2024
SEC's Naked Short-Selling Suit Against NJ Firm To Continue
A New Jersey federal judge has ruled the U.S. Securities and Exchange Commission can largely proceed with its case against a trader and his firm accused of reaping $2 million from an illegal short-selling scheme, but said it cannot seek civil penalties for alleged trading that occurred in three securities.
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March 19, 2024
NBA Fraudster Dodges Prison After Cooperation, Testimony
A former NBA shooting guard avoided prison Tuesday for participating in a $5 million retiree healthcare fraud scheme after Manhattan federal prosecutors lauded his assistance and testimony at a trial this past fall.
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March 19, 2024
Skin Care Drug Co. Can Ask Creditors To OK Ch. 11 Plan
A Delaware bankruptcy judge said Tuesday she will give a debtor formerly known as Timber Pharmaceuticals Inc. permission to send its Chapter 11 plan out for a vote by the dermatology drug developer's creditors, after counsel for the company explained it had expanded the creditors' ability to opt out of the plan's claim releases.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
NJ Family Atty Suspended For Sexual Relationship With Client
The New Jersey Supreme Court has handed down a one-year suspension to a divorce attorney for having a sexual affair with a client while representing her in a divorce case and manipulating her despite knowing that the client suffered from depression because of a previous car accident.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
3rd Circ. Says CFPB Can Go After Student Loan Trusts
The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 18, 2024
Judge Irked, Pols Riled In 9-Hour NJ Ballot Design Fight
A bid by New Jersey Congressional candidates to strike the state's controversial "county line" ballot design unfolded Monday during a nine-hour courtroom showdown highlighted by a judge's impatience with the proceeding's pace and his irritation with the attorney general's willingness to criticize the layout while refusing the join the case.
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
NJ Panel Upholds Right Of Towns To Regulate Cannabis
A New Jersey town has the right to withhold support for a cannabis retailer seeking a state license to sell marijuana, saying that the municipality has the authority to determine location and density requirements for retail businesses selling pot, a three-judge state appellate panel said in a published opinion Monday.
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March 18, 2024
Seton Hall Aims To Erase Ex-President's 'Sensational' Suit
Seton Hall University has called on a New Jersey state court to throw out its former president's claims he was forced out for blowing the whistle on alleged misconduct by former board chair and prominent criminal defense attorney Kevin Marino, saying the suit is "what can best be described as gamesmanship, and at worst sheer dishonesty."
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March 18, 2024
NJ Vacancy Crisis Is 'Over' With 12 New Judges Confirmed
The leader of the New Jersey Senate said Monday that the state's judicial vacancy crisis has been declared "over" after senators confirmed 12 new judges for the Superior Court and approved two sitting judges to remain on the bench, bringing the number of judicial vacancies to their lowest level in about five years.
Expert Analysis
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Labor Law Lessons From NLRB Judge's Bargaining Order
A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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High Court Underscores DOJ's Role In Policing FCA Litigation
The U.S. Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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What 3rd Circ. Niaspan Decision Means For Class Cert.
The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.
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The Texas Two-Step May Be Losing Steam
The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.
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New NJ Law Creates Flexibility For Corporate Conversion
Come November, the new conversion provisions in New Jersey's recently enacted S.B. 142 will provide corporations and LLCs with additional flexibility in structuring certain types of common business and investment transactions, representing an important step for the incorporation of businesses in the state, say attorneys at McCarter & English.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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What Courts Say About Workers' Comp And Medical Marijuana
Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.
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How Electric Vehicles Will Affect Land Use And Development
The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.