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New Jersey
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March 13, 2024
NJ Ethics Board Says Referral Fees Only For In-State Attys
New guidance provided by the New Jersey Supreme Court's Advisory Committee on Professional Ethics recommends against the payment of referral fees for out-of-state lawyers, reasoning that such fees, considered payment for legal services, can only be provided to attorneys licensed to practice law in the state.
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March 13, 2024
Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal
Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Judge OKs Ch. 7 Liquidation For Reverse Mortgage Co.
A Delaware bankruptcy judge Tuesday converted Reverse Mortgage Investment Trust Inc.'s Chapter 11 case to a Chapter 7 liquidation, saying the debtor's plan administrator's request for conversion has "good and sufficient cause" under the Bankruptcy Code.
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March 12, 2024
Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules
A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.
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March 12, 2024
FTC Welcomes Choice Hotels Dropping Wyndham Hostile Buy
The Federal Trade Commission's top antitrust staffer said Tuesday that he was "pleased" Choice Hotels International Inc. had given up on a hostile takeover of Wyndham Hotels & Resorts, warning that the deal had "posed serious competition questions."
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March 12, 2024
Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom
The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.
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March 12, 2024
LG Assistant GC Suspended In NJ For Side-Work Misconduct
The New Jersey Supreme Court has handed a minimum three-month suspension to an in-house attorney for LG Electronics over misconduct he committed while operating a side practice, including commingling client funds and mishandling two estates.
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March 12, 2024
NJ Diocese Asks Court To Toss Insurer's Abuse Coverage Suit
The Catholic Diocese of Trenton asked a New Jersey federal court to toss an insurer's action seeking to escape coverage for more than 200 suits alleging sexual abuse by clergy, saying the coverage dispute is "premature, vague, and ambiguous."
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March 11, 2024
3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks
Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.
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March 11, 2024
Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior
A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Coinbase Asks 3rd Circ. To Force SEC To Set Rules For Crypto
Crypto exchange Coinbase asked the Third Circuit on Monday to force the U.S. Securities and Exchange Commission to set rules of the road for digital assets in an opening brief that argued the agency failed to provide "a reasoned explanation" for why it denied an earlier request for crypto rulemaking.
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March 11, 2024
Prudential Investors' $35M Settlement Gets Initial OK
Prudential Financial Inc. shareholders have gotten an initial nod from a New Jersey federal judge for their $35 million deal to settle claims that the insurer hurt investors by allegedly misrepresenting certain trends affecting its life insurance reserves.
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March 11, 2024
3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban
A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.
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March 11, 2024
NJ Hoops League Treated Black Father Unfairly, Suit Says
A New Jersey man is suing the Mount Olive Basketball Association in federal court alleging it did not impose any penalties on white individuals involved in a spat over a coach's conduct that got him banned from attending his children's basketball games.
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March 11, 2024
IRobot Misled Investors On Failed Amazon Merger, Suit Claims
Roomba vacuum maker iRobot Corp. has been hit with a proposed class action from an investor alleging it misled shareholders about its now-canceled merger with Amazon, saying iRobot had downplayed the significant risk that the merger would not secure regulatory approval in the U.S. and Europe.
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March 11, 2024
Ogletree Brings On Genova Burns Privacy, Cyber Leader In NJ
Management-side employment law powerhouse Ogletree Deakins Nash Smoak & Stewart PC has added a former Genova Burns LLC partner of nearly nine years and with expertise in cybersecurity as a partner in Morristown, New Jersey, the firm announced Monday.
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March 11, 2024
Philly DA Can't Escape Sanctions Over Lack Of Candor
A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.
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March 11, 2024
Menendez Must Face May 6 Trial Despite Likely Appeal
A Manhattan federal judge on Monday refused to push back U.S. Sen. Robert Menendez's May 6 corruption trial after the New Jersey Democrat and his wife pled not guilty to newly added obstruction of justice charges.
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March 11, 2024
NJ Integrity Office Chief Passing Torch To AG Counsel
After five years as the first executive director of the New Jersey Office of Public Integrity and Accountability, Thomas J. Eicher will retire having guided the office through major police reforms and overseen high-profile investigations of fatal police encounters and public corruption, the state attorney general announced Monday.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 11, 2024
Choice Hotels Abandons Wyndham Hostile Takeover Attempt
After a monthslong hostile takeover attempt, Choice Hotels International Inc. on Monday announced its decision to withdraw its slate of nominees for election to Wyndham Hotels & Resorts' board of directors following the expiration of its exchange offer.
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March 08, 2024
NJ Firm Resolves Former Atty's Gender, Race Bias Suit
Brach Eichler LLC told a New Jersey federal court Friday it had agreed to end a Hispanic former attorney's lawsuit alleging she was treated worse than white male colleagues and targeted for a layoff under the guise of financial difficulties.
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March 08, 2024
Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing
NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.
Expert Analysis
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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If Justices End Chevron Deference, Auer Could Be Next Target
If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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The Court's Likely Game Plan For TM Suit Against LIV Golf
Joseph Walsh at Harness IP examines the key factors a New Jersey district court will likely consider in the trademark infringement suit Cool Brands v. LIV Golf, including the strength of the plaintiff's mark, whether the mark was adopted to intentionally compete and relative pricing of each product sold under their respective brands.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.