New Jersey

  • November 04, 2019

    Blame Game Won't Save Texas Condo Developer From Prison

    A Texas entrepreneur convicted of using his high-security luxury condominium project to launder suspected Colombian drug money was sentenced to 15 months in federal prison Monday by a federal judge who refused to believe he caved to violent threats from his New Jersey accomplice.

  • November 04, 2019

    Longfin Investors Push To Update Network 1 Allegations

    Investors in the failed cryptocurrency company Longfin Corp. have told a New York federal judge that they should be able to file an amended complaint accusing broker-dealer Network 1 Financial Securities Inc. of knowing about Longfin's alleged fraud.

  • November 04, 2019

    NJ AG To Keep Privacy Pressure On As Breach Reports Drop

    Data breach reports in New Jersey dipped slightly last year, but the state attorney general's office has no plans to back down when it comes to policing businesses that fail to properly handle or protect consumer data, a top official in the regulator's consumer affairs division told Law360 in an exclusive interview. 

  • November 04, 2019

    Verbal NJ Real Estate Deal Can't Back Up Written Contract

    A New Jersey state appeals court on Monday said a purported oral agreement to forgive a $200,000 deposit in a property sale in exchange for a 50% membership interest in the buyer could not prop up a lopsided, written contract transferring that ownership stake.

  • November 04, 2019

    NJ Enviro Agency Aims To Restore Hess Pollution Claims

    The New Jersey Department of Environmental Protection said common law is among the tools it has to combat pollution as the agency urged a state appellate panel Monday to revive such claims against Hess Corp. and another company over contamination at an oil refinery.

  • November 04, 2019

    Justices Won't Second-Guess Worker's ADA Trial Win

    The U.S. Supreme Court on Monday declined to review a Third Circuit's finding that a Delaware nonprofit violated the Americans with Disabilities Act when it denied accommodations for an employee with dyslexia, despite an amendment relaxing obligations for employers.

  • November 04, 2019

    Brookfield Brings In $9B For 5th Flagship PE Fund

    Canada-based Brookfield Asset Management Inc. said Monday its private equity branch has clinched its fifth investment vehicle after raking in $9 billion from limited partners, and the fund has already injected capital into an automotive battery business and a private hospital operator in Australia.

  • November 01, 2019

    3rd Circ. Revives LSAT Taker's ADA Accommodation Suit

    The Third Circuit on Friday resurrected an aspiring attorney's suit alleging the Law School Admission Council Inc. denied her request to accommodate her learning disabilities on an entrance exam, finding that the district court "read her complaint too narrowly" and that her claims are indeed ripe and not moot.

  • November 01, 2019

    NJ College Slams Fired President's Take On Due Process

    A New Jersey college facing a whistleblower suit by its fired president blasted her attempt to revive a claim that the school violated proper termination protocol, arguing Thursday that her reading of her constitutional rights was “non-sensical.”

  • November 01, 2019

    Fund Admin's Parent Can't Escape $40M Ponzi Scheme Suit

    A New Jersey state judge on Friday shot down a bid by the parent company of a former fund administration firm and related entities to escape on jurisdictional grounds a more than $40 million lawsuit claiming they conspired with a convicted investment manager as part of a Ponzi scheme.

  • November 01, 2019

    Taxation With Representation: Wachtell, Latham, Debevoise

    In this week’s Taxation with Representation, real estate investment trust Prologis acquires Liberty for $12.6 billion, Digital Realty and Interxion merge in an $8.4 billion deal, and Clayton Dubilier & Rice makes a $3.8 billion network security acquisition.

  • November 01, 2019

    NJ Atty's Legacy Spans From Shore To South America

    Attorney William J. Hughes, a former Democratic congressman known as a tireless advocate for southern New Jersey's environment and economy who later became an ambassador to Panama, died at his shore-area home Wednesday at age 87.

  • November 01, 2019

    Borrowers Get Cert. In CashCall Usury Suit Over Tribal Ties

    A New Jersey federal judge certified a class of borrowers who claim that short-term lender CashCall used the sheen of affiliation with a Native American tribe to charge illegally high interest rates.

  • November 01, 2019

    Chancery OKs Paring Ex-Heartland CEO's Legal Fees

    The Delaware Chancery Court on Thursday pruned away some rights to company-paid legal fees for former Heartland Payment Systems CEO Robert O. Carr, but left most fee "advancement" rights intact for his potential multimillion-dollar defense against a Heartland insider trading and contract breach suit in New Jersey federal court. 

  • November 01, 2019

    Jackson Hewitt Gets Class Limited In NY No-Poach Suit

    A New Jersey federal judge limited the class of employees suing Jackson Hewitt on its alleged no-poach employment rules to claims after 2014, ruling prior claims violated the four-year statute of limitations set by the Sherman Antitrust Act.

  • October 31, 2019

    3rd Circ. Rejects Atty's Bid For Concussion Deal Referral Fees

    A lawyer representing retired players in the NFL concussion settlement can't force Anapol Weiss to hand over a third of its $4.6 million common benefit fund payout pursuant to an alleged oral contract because of a procedural wrinkle, the Third Circuit said Thursday.

  • October 31, 2019

    NJ Judge Won't Revive $45M Patent Verdict Against LG

    Maxell and Mondis Technology on Thursday failed to convince a New Jersey federal judge to reconsider his ruling vacating a $45 million jury verdict against LG over claims the electronics giant infringed a Mondis patent related to plug-and-play technology for television displays, as the jurist found the companies were rehashing prior arguments.

  • October 31, 2019

    Port Authority, Ex-Police Chief Shed Whistleblower Suit

    A New Jersey federal judge tossed a workplace retaliation suit by a former Port Authority of New York and New Jersey deputy police superintendent, ruling Thursday that the applicable Garden State whistleblower law can't be used against a bistate agency.

  • October 31, 2019

    3rd Circ. Told NASA Supplier Didn't Legally Own Trade Secrets

    A NASA supplier didn't have any legally protectable trade secrets, according to a Third Circuit appeal lodged by an engineer who used to work for the company and was accused of stealing designs and usurping a contracting opportunity at a government-run rocket launch facility.

  • October 31, 2019

    Appeals Court Won't Revive Indian Doctor's $20M Bias Suit

    A New Jersey state appeals court on Thursday refused to revive an Indian American physician's discrimination lawsuit claiming he lost out on $20 million when a hospital took away his staffing privileges, saying a lower court correctly found that the hospital's operator was immune from his suit for money damages.

  • October 31, 2019

    Lack Of Signed Contract Dooms $2.5M Real Estate Deal Suit

    The prospective buyer in a $2.5 million commercial property deal in New Jersey fell short Thursday in reviving its suit against the owner over the fizzled sale after a state appellate panel said a trial court properly tossed the action in the absence of a signed contract between the parties.

  • October 31, 2019

    2 Biotechs Raise Combined $116M After IPOs Price Low

    Eye-disease treatment company Oyster Point Pharma Inc. and cancer-focused drug developer Rapt Therapeutics Inc. made their public debuts Thursday after raising a combined $116 million in initial public offerings that priced at the bottom of their respective ranges.

  • October 31, 2019

    Insurer Beats Fraud Claim In NJ Roofer's Injury Suit

    A New Jersey federal judge dismissed an injured construction worker’s fraud claim against an insurer seeking to dodge coverage for a roofing accident, ruling Thursday that the worker hasn’t shown he has standing to make the allegation.

  • October 31, 2019

    Alleged Ponzi Schemer Says Notes He Issued Not Securities

    A New Jersey man accused of using investor money from a Ponzi scheme to pay for lavish purchases, including a boat, argued Wednesday that a U.S. Securities and Exchange Commission suit against him should be tossed because the promissory notes he issued are not actually securities.

  • October 30, 2019

    2nd Circ. Upholds Safeco's $14M Win Over Army Project Loss

    The Second Circuit on Wednesday affirmed that Safeco Insurance Co. of America can recover nearly $14 million from a builder that defaulted on contracts for three projects with the Army Corps of Engineers, saying a lower court's calculations of the insurer's losses and attorney fees were well-founded.

Expert Analysis

  • Using Clawback Provisions For Employee Incentive Pay

    Excerpt from Lexis Practice Advisor
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    An employer’s ability to use clawback or forfeiture provisions in employee compensation agreements depends on applicable state wage-and-hour laws. Jeffrey Ruzal and Carly Baratt at Epstein Becker review the types of incentive compensation often subject to such provisions and provide drafting considerations for incentive compensation agreements.

  • The Growing Trend Of State Transfer Pricing Scrutiny

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    Taxpayers that are prepared with contemporaneous, Internal Revenue Code Section 482-compliant documentation supporting the arm’s-length nature of their transactions will be in the best position to defend against the increasingly aggressive and coordinated state taxing authority attacks on intercompany transaction pricing, say attorneys at Eversheds Sutherland.

  • Crafting Motions To Seal After 3rd Circ. Avandia Decision

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    In light of the Third Circuit’s recent precedent-setting decision in the Avandia marketing case, litigants should take four practical steps to avoid being surprised by disclosure of confidential information, say Andrew Erdlen and Jon Cochran of Hangley Aronchick.

  • Key Policy Rescission Considerations For Insurers

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    When insureds make misrepresentations that materially affect policy underwriting decisions, insurers can seek policy rescission, but they should pay attention to state-specific considerations, especially in the context of compulsory insurance, say Nicole Crowley and Christian Cavallo of Goldberg Segalla.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • State Net

    Calif. Emissions Agreement A Model For State-Industry Deals

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    Bypassing the Trump administration, California recently reached a deal with four automakers to improve fuel efficiency and reduce carbon emissions. The agreement could set a precedent for how state governments and industry can work together to address major issues, says Lou Cannon of State Net Capitol Journal.

  • Ohio's Payday Lending Regs May Inform Other State Efforts

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    With the U.S. Consumer Financial Protection Bureau's rules to rein in payday lending on hold indefinitely, state legislatures seeking to fill the regulatory void may look to the successes and failures of Ohio's Fairness in Lending Act, elements of which recently went into effect, say attorneys at Isaac Wiles.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • NJ Tax Stop: Where State Trusts Should Look For Tax Insight

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    New Jersey trusts should follow the Tax Court's opinion in Residuary Trust of Fred Kassner v. Director of the Division of Taxation, instead of the U.S. Supreme Court’s Kaestner ruling, for guidance on whether undistributed trust income of a state resident is subject to taxation, say Jennifer Lota and Isabelle Jacobs of Cole Schotz.

  • Bar Still High For Injunctive Relief In NJ Public Bidding Cases

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    A recent unreported New Jersey Appellate Division decision demonstrates that a showing of likelihood of success on the merits is still necessary to obtain temporary injunctive relief in public bidding cases, despite expectations that 2013's Waste Management decision would relax this standard, say Kenneth Oettle and Michael Carucci of Sills Cummis.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • The Future Of Chemical Risk Evaluations Under TSCA

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    The outcome of two California federal court cases attempting to prove asbestos and fluoride present unreasonable health and environmental risks may provoke a shift in responsibility for chemical risk evaluations to the federal judiciary — circumventing the U.S. Environmental Protection Agency's authority under the Toxic Substances Control Act, says Erik Baptist of Wiley Rein.

  • 3rd Circ. Decision Limits Liability Of Board Observers

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    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

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