New Jersey

  • November 15, 2019

    Perrigo Investors Win Cert. In Suit Over Thwarted Sale

    Three classes of Perrigo shareholders were certified Thursday in a securities action in New Jersey federal court alleging the pharma giant and its executives tricked its investors into voting down an 11-figure takeover offer.

  • November 15, 2019

    SEC's Cognizant Bribe Suit Paused Amid Criminal Case

    A New Jersey federal judge cited the risk of conflicting rulings in pausing a U.S. Securities and Exchange Commission suit against the former president and chief legal officer of Cognizant Technology Solutions Corp. over an alleged bribery scheme until a related criminal case is resolved.

  • November 15, 2019

    US Trustee Wants Avenue Stores Case Converted To Ch. 7

    The U.S. Trustee’s Office has asked a Delaware court to convert retail chain Avenue Stores Inc.’s bankruptcy to a Chapter 7 liquidation, saying a trustee needs to be appointed to pursue potential claims against one of the company’s major creditors.

  • November 15, 2019

    Senators Float Bill To Create Drug-Pricing Agency

    A bill introduced Friday by Sen. Cory Booker aims to form a federal agency that determines drug prices and empowers the U.S. Department of Health and Human Services to penalize companies that charge more by voiding patents or stripping their right to exclusively market a drug.

  • November 15, 2019

    Employment Hires: FordHarrison, Perkins Coie

    FordHarrison LLP has picked up a seasoned employment lawyer from Fine Boggs & Perkins LLP, while Perkins Coie LLP has added a labor and employment veteran from Squire Patton Boggs LLP, headlining Law360's latest roundup of labor and employment lateral hires.

  • November 14, 2019

    Sleepy's Can't Shake NJ Class Action Over Botched Order

    A New Jersey federal judge on Thursday refused to toss a proposed class action against the former Sleepy's LLC and its successor company, finding that a consumer sufficiently alleged the businesses violated state law by not delivering the mattress base he ordered and not telling him he could cancel the delivery.

  • November 14, 2019

    Destination Maternity's Expedited Ch. 11 Sale Plan Approved

    Retailer Destination Maternity's proposed bidding procedures received court approval Thursday, with a Delaware bankruptcy judge saying he would make sure the case's compressed timeline didn’t negatively affect the rights of landlords with leases at the debtor’s locations.

  • November 14, 2019

    DC Circ. Ponders If Chevron Saves Group Health Plan Rule

    The D.C. Circuit wrestled Thursday with whether the Chevron doctrine, which gives deference to federal agencies when interpreting ambiguous statutes, applies to a hotly contested U.S. Department of Labor rule that makes it easier for small employers and the self-employed to avoid Affordable Care Act regulations for the small-group marketplace.

  • November 14, 2019

    NJ Car Dealer Pushes To Topple Arbitration Waiver Ruling

    A New Jersey car dealership called on a state appellate panel Thursday to upend a trial court ruling that the business waived its right to compel arbitration of "hidden fee" class claims under a vehicle order contract after unsuccessfully trying to force arbitration based on a lease agreement.

  • November 14, 2019

    NJ School Fights McCarter Bid To Escape Malpractice Suit

    A New Jersey school has rebutted McCarter & English LLP's bid to escape a legal malpractice suit over insurance coverage advice in a trademark infringement matter, arguing Wednesday that the retainer agreement's limitations don't excuse the firm for dropping the ball.

  • November 14, 2019

    PennEast Will Ask Justices To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline said Thursday they will seek U.S. Supreme Court review of the Third Circuit's ruling that PennEast can't seize New Jersey-owned land for the project, claiming the decision threatens to stymie gas development nationwide.

  • November 13, 2019

    McKinsey Says Ex-Partner Took Secrets To Rival Accenture

    Management consulting firm McKinsey & Co. on Tuesday accused a former shareholder and senior partner of stealing trade secrets, confidential documents and client information before he left to work for competitor Accenture, according to a suit filed in New Jersey federal court.

  • November 13, 2019

    3rd Circ. Needn't Weigh Robocall Exemption Ax, Feds Say

    The federal government is rallying against a Florida utility's bid for the Third Circuit to review a ruling that found a controversial carveout to the Telephone Consumer Protection Act's robocall ban to be unconstitutional, arguing that the holding is consistent with several other appellate decisions on the issue.

  • November 13, 2019

    Galena Again Beats Investors' 'Shotgun' Opioid Claims Suit

    The former Galena Biopharma Inc. has defeated for a second time a proposed class action over alleged misrepresentations regarding its fentanyl-based drug Abstral, with a New Jersey federal judge blasting investors' "shotgun approach" in presenting their securities fraud claims.

  • November 13, 2019

    Feds Charge 6 In Alleged $27M NJ Money Laundering Ring

    A half-dozen New Jersey residents were slapped with criminal charges on Wednesday alleging they laundered about $27 million worth of proceeds from illegal drug sales through cashier’s checks purchased at area banks.

  • November 13, 2019

    3rd Circ. Slams J&J Bid To Out HIV Drug Suit Whistleblowers

    The Third Circuit decried a Johnson & Johnson unit’s bid to publicly expose the names of two anonymous employees who accused the pharmaceutical giant of trying to illegally expand its market share for HIV drugs, suggesting Wednesday that the move was pure retaliation.

  • November 13, 2019

    Ex-Immunomedics Brass Must Face Del. Suit Over $250M Deal

    A Delaware vice chancellor on Wednesday said enough evidence has been shown to infer four former directors of biotechnology firm Immunomedics Inc. possibly acted in bad faith when they approved a $250 million deal — which has since been unwound — to license the company’s main drug candidate to a third party in 2017.

  • November 13, 2019

    Covington Guides Merck In $576M Deal For Life Science Biz

    Merck & Co., with help from Covington & Burling, has agreed to buy venture capital-backed Calporta Therapeutics Inc., which is developing potential treatments for neurodegenerative disorders including Alzheimer's and Parkinson's diseases, for up to $576 million, the companies said Wednesday.

  • November 13, 2019

    NJ Towns Can Enforce Pollution Cleanup Orders, Court Says

    New Jersey’s environmental regulator can use municipalities to crack down on polluters who haven’t complied with remediation orders, an appellate panel ruled Wednesday in a legal fight over Alsol Corp.’s oil spill near a Garden State lake.

  • November 13, 2019

    Genova Burns Dragged Into Suit Against Disbarred NJ Pol

    Genova Burns LLC must face legal malpractice claims over its allegedly negligent supervision of a convicted ex-mayor and disbarred attorney after his onetime running mate convinced a New Jersey state judge Wednesday to let him pull the firm into a suit over the disgraced politician's handling of campaign finance reports.

  • November 12, 2019

    NJ College Ex-GC Must Face Claim Over Improper Side Gigs

    The former general counsel of Essex County College in New Jersey cannot escape the school’s counterclaims that she unlawfully held side jobs and improperly assisted an ex-college president in a real estate deal, a state judge ruled Tuesday in a lawsuit over her allegedly retaliatory firing.

  • November 12, 2019

    NJ Judge OKs $12M For 2 Firms In Chemical Price-Fix Deal

    A New Jersey federal court gave its final approval to a $33 million settlement package over the alleged price-fixing and bid-rigging of certain water treatment chemicals, including more than $12 million in attorney fees and costs for Miller Law LLC and Stearns Weaver Miller Weissler Alhadeff & Sitterson PA.

  • November 12, 2019

    Wholesale Deals Can't Nix J&J Antitrust Row, 3rd Circ. Told

    Walgreen Co. and The Kroger Co. urged the Third Circuit to revive their claims that they paid inflated prices to wholesalers for Johnson & Johnson’s arthritis drug Remicade, arguing Tuesday that the pharmaceutical giant can’t use terms in its distribution agreements to insulate itself from antitrust suits.

  • November 12, 2019

    Feds' Deal For Posting 3D-Printed Gun Plans Ruled Unlawful

    A federal judge in Washington state struck down as unlawful on Tuesday a Trump administration settlement last year that cleared the way for private groups to distribute online blueprints and instructions for manufacturing firearms with 3D printers.

  • November 12, 2019

    Too Late To Fight Venue In $2.1M Atty Fee Suit, 3rd Circ. Told

    Texas law firm Danziger & De Llano LLP urged the Third Circuit Tuesday to undo a lower court's finding that its $2.1 million referral fee row with Ohio whistleblower firm Morgan Verkamp LLC doesn't belong in Pennsylvania, arguing that the boutique's jurisdictional challenge came way too late to stand.

Expert Analysis

  • The Latest Carbon Market Developments: Part 1

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    Even as the Transportation Climate Initiative, a carbon pricing scheme in the Northeast, has gained momentum, recent developments in Virginia, Washington, Oregon and California have created obstacles for domestic carbon markets, say attorneys at Beveridge & Diamond.

  • Defendants’ Chances On Daubert May Vary By Circuit

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    A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

  • High Court Could Bring Clarity To Charterers In Oil Spill Case

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    In the oil spill liability case Citgo Asphalt Refining v. Frescati Shipping, the U.S. Supreme Court has a chance to resolve a circuit split over whether "safe berth" and "safe port" clauses in maritime contracts impose only a due diligence requirement, or strict liability, which would likely result in more uniformity in the chartering industry, says Jordan Asch of Gibbons.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • Preparing Insurance For Revived Sexual Abuse Claims In NJ

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    Institutional defendants facing claims under a New Jersey law that will open a window for child sexual abuse lawsuits starting in December — regardless of when the alleged abuse happened — should look to insurance for protection, but proving the existence and terms of old policies can be challenging, say Seth Tucker and Kelsey Ruescher-Enkeboll of Covington.

  • Roundup

    Pursuing Wellness

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    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

  • NJ Ruling Removes Evidence Hurdle For Asbestos Defendants

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    The New Jersey Supreme Court's recent ruling in Rowe v. Bell & Gossett — permitting a trial defendant in an asbestos case to introduce into evidence settled defendants’ interrogatory responses and corporate representatives' testimony — will better equip defendants to paint a complete picture for juries, says Michael Posavetz of Eckert Seamans.

  • How BigLaw Is Adapting To Plaintiff-Side Litigation

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    While many have treated Kirkland & Ellis' recent creation of a contingency fee-based plaintiffs practice as market disruptive, it is another manifestation of forces that have been changing the business of BigLaw for some time, says Elizabeth Korchin at Therium Capital Management.

  • Series

    Pursuing Wellness: A Focus On Firm Holistic Health Training

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    Our most concerted efforts toward implementing the American Bar Association's well-being pledge, which we signed one year ago, have centered on educating attorneys and staff by including well-being components in firm trainings and professional development programs, says Andrew Glincher at Nixon Peabody.

  • Roundup

    Judging A Book

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    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • IRS Donor Rule Has Disclosure Movement Down But Not Out

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    Although the IRS recently dealt a blow to the corporate political contribution disclosure movement by initiating rulemaking to eliminate donor reporting for certain tax-exempt organizations, states are likely to fill the void, say Susan Leahy and Matthew Shapanka at Covington.

  • Series

    Judging A Book: Jackson Reviews 'When Should Law Forgive?'

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    Readers of Martha Minow's new book "When Should Law Forgive?" will be exposed to a refreshingly robust vision of justice that transcends myopic perspectives of wrongdoing and punishment, says U.S. District Judge Ketanji Brown Jackson of the District of Columbia.

  • OT Rules For Bonuses Are Less Fuzzy After 3rd Circ. Opinion

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    While the Third Circuit's opinion in U.S. Department of Labor v. Bristol Excavating does not provide a bright-line rule for including third-party bonuses in overtime calculations under the Fair Labor Standards Act, it identifies the relevant risk factors, say Lori Armstrong Halber and Gavin Carpenter at Reed Smith.

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • NJ Tax Stop: Impact Of Retained Rights On Inheritance Tax

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    The New Jersey Tax Court’s revision of its recent decision in Shedlock v. Division of Taxation is significant in that it recognizes potential scenarios in which the substance of a transfer, and a transferor's retained rights thereafter, will take precedence over the form despite the three-year bright-line rule for inheritance tax determination, says Sarah Townsend of Cole Schotz.

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