New Jersey

Expert Analysis

• Health Providers Fighting COVID-19 Should Beware Tort Risk

  

  Though federal and state governments have provided certain immunities against tort liability to health entities fighting COVID-19, first responders should not be lulled into a false sense of security as the scope of protection is not as clear as it may seem, say Lisa Ruggiero and Aileen McTiernan at Locke Lord.

• 8 Tips For Retaining An Expert During COVID-19 And Beyond

  

  Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

• A Bridge Too Far: High Court Limits Novel Fraud Theories

  

  The U.S. Supreme Court's decision last week on the use of the mail and wire fraud statutes in the "Bridgegate" case almost certainly will have an impact on the U.S. v. Blaszczak insider trading case, where the broad conception of a deprivation of property is arguably at odds with Bridgegate, say David Sarratt and Eric Silverberg at Debevoise.

• The FCA, Medical Necessity And Gov't Regulation Of Medicine

  

  The Third Circuit's decision in U.S. v. Care Alternatives and the Ninth Circuit's decision in U.S. v. Gardens Regional Hospital found that subjective medical opinions can trigger False Claims Act liability, reinforcing the circuit split over what constitutes falsity for claims based on lack of medical necessity, says Geoffrey Kaiser at Rivkin.

• 'Home Rule' Conflicts Likely As NJ Reopens

  

  Once New Jersey Gov. Phil Murphy begins to lift statewide pandemic-related restrictions, municipal officials will likely be agitating for a return to the "home rule" and away from state regulation of local matters, requiring courts to weigh in, say Kevin Weber and Michael DeLoreto at Gibbons.

• Bridgegate Ruling Reins In Federal Prosecutorial Power

  

  The U.S. Supreme Court's decision last week that the "Bridgegate" political retribution scheme did not violate federal fraud statutes represents another example of the court's willingness to limit what it believes to be overly aggressive federal corruption and fraud prosecutions, say attorneys at Cleary.

• What It's Like To Move From Army JAG To BigLaw

  

  Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

• How Law Firms Can Maximize COVID-19 Insurance Coverage

  

  Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

• Bridgegate Leaves Dubious Property Fraud Theory Intact

  

  In its recent "Bridgegate" decision, the U.S. Supreme Court failed to address the viability of the right to control theory of property fraud and its interplay with honest services fraud, adding to the uncertainty in federal fraud law that allows prosecutors to pursue unconstitutionally vague charges, say attorneys at Steptoe & Johnson.

• Missteps To Avoid In Marketing COVID-19 Antibody Tests

  

  With federal guidance on developing COVID-19 antibody tests changing weekly, and with state attorneys general watching closely, companies providing or facilitating such tests should remember that even in this dynamic environment, certain advertising principles stand firm, say attorneys at Brownstein Hyatt.

• How Some States Are Slowing Commercial Property Evictions

  

  Attorneys at McCarter & English take a look at the varying approaches states within the Northeast and Mid-Atlantic regions have taken regarding commercial property evictions during the COVID-19 pandemic.

• Opinion

  States Must Act To Cut Auto Insurance Rates During COVID-19

  

  Auto insurers are experiencing a massive windfall due to fewer accidents during the pandemic, without returning a fair portion of those gains to consumers, so state regulators should use their authority to right this wrong, say law professors Da Lin and Daniel Schwarcz.

• Virtual Caucuses Can Improve The Mediation Process

  

  Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

• Legal Risks Facing Retailers Amid Pandemic Market Shifts

  

  The COVID-19 crisis is changing the way consumers shop, but retailers that are adapting to stay competitive should consider the state and federal law risks associated with auto-renewals, product giveaways, retail installment contracts, and other currently popular programs, say attorneys at Steptoe & Johnson.

• 2 Bankruptcies Provide Template For Embattled Retailers

  Excerpt from Lexis Practice Advisor

  

  Distressed retailers unable to resort to traditional liquidation strategies due to the pandemic can look to novel arguments Modell's and Pier 1 recently employed in their bankruptcy proceedings that allowed them to obtain extraordinary suspensions, say Heike Vogel and Eric Horn at A.Y. Strauss.