New Jersey

  • August 11, 2020

    Feds' Weakening Of Migratory Bird Protections Vacated

    The U.S. Department of the Interior's recent move to loosen restrictions on the incidental killing of migratory birds illegally departed from decades of established practice and runs counter to the intent of a law designed to protect the creatures, a New York federal judge said Tuesday.

  • August 11, 2020

    DOD Was Right To Refuse FOIA, 2nd Circ. Says In Reversal

    A U.S. Department of Defense unit can claim a national security exemption from a Freedom of Information Act request for images of terrorist attacks — even if another unit had already shared similar images, according to the Second Circuit.

  • August 11, 2020

    NJ City Fights Suit By Ex-Judge Accused Of Being Drunk

    Newark, New Jersey, officials urged a federal court on Tuesday to toss a former municipal judge's lawsuit alleging she lost her job because she was falsely accused of being drunk at work, arguing that she wasn't fired but rather lawfully replaced after her term expired.

  • August 11, 2020

    Pa. Panel Won't Revive J&J Mesh Patient's Injury Claims

    A Pennsylvania appeals court on Tuesday rejected arguments that improperly admitted testimony from a woman's treating physician led a jury to erroneously clear a Johnson & Johnson unit in a lawsuit over alleged injuries from a pelvic mesh implant.

  • August 11, 2020

    Indiana Univ. Aims To Escape COVID-19 Refund Suit In NJ

    Manchester University, a small liberal arts school in Indiana, called on a New Jersey federal court Tuesday to end a graduate's proposed class action over the cancellation of in-person classes in spring 2020 because of COVID-19, saying the school has no relevant ties to the Garden State.

  • August 11, 2020

    3rd Circ. Won't Revive Fired Amtrak Foreman's Race Bias Suit

    The Third Circuit upheld Amtrak's win in a suit filed by a Black former track foreman who said the railroad punished him more harshly than a white colleague for their roles in a crash that killed two workers, finding that his missteps contributed to the fatal derailment.

  • August 11, 2020

    Fired Finance Exec Must Face Trade Secrets Suit

    A New Jersey federal judge says Bramshill Investments can pursue claims that a former executive stole trade secrets by sending investor lists and other confidential material from a company email account to her email account at a competing business.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Linklaters, Goodwin Steer Bayer's $425M Women's Health Bet

    Bayer, led by Linklaters, said Tuesday it will pay $425 million upfront and up to $875 million total to acquire Goodwin Procter-guided KaNDy Therapeutics, a clinical-stage biotechnology company focused on women's health.

  • August 10, 2020

    Allergan Says Breast Implant MDL Claims Are Preempted

    Allergan Inc. is urging a New Jersey federal court to throw out claims in multidistrict litigation alleging that it hid the health risks of its textured breast implants, saying that because the implants' design, manufacture and marketing were approved by the Food and Drug Administration, the claims are preempted by federal law.

  • August 10, 2020

    Amazon Aims To Sink Fired Driver's Retaliation Claim

    An Amazon unit is urging a New Jersey federal judge to toss a former delivery driver's lawsuit asserting he was fired for complaining about alleged wage violations, arguing that the retaliation claims should be lodged in the previous complaint he filed about his compensation.

  • August 10, 2020

    Mercedes Can't Jump-Start NJ Antitrust Claims Over Shipping

    Mercedes-Benz failed to persuade a New Jersey appeals court to revive a state price-fixing suit against several shipping companies as the judges held Monday that all the carmaker's claims are superseded by federal law.

  • August 10, 2020

    Tech Giants, AGs Say Trump's Visa Bans Hurt US Economy

    Dozens of states and technology giants, including Apple Inc. and Microsoft Corp., have backed lawsuits challenging President Donald Trump's recent visa suspensions, arguing the president's orders will hinder the U.S.' economic recovery.

  • August 10, 2020

    NJ Justices Say Cops Can Force Cellphone Access

    A split New Jersey Supreme Court ruled Monday that law enforcement may compel the cellphone passcodes of a former sheriff's officer accused of tipping off a suspect in a drug trafficking investigation, reasoning that such information isn't shielded by constitutional protections against self-incrimination.

  • August 10, 2020

    Ralph Lauren Wants $700M Coverage As Wholesale Falls 93%

    Ralph Lauren Corp. has sued Factory Mutual Insurance Co., seeking full coverage under its $700 million policy after its wholesale revenue dropped 93% from the year before due to COVID-19, alleging that the insurer is wrongfully limiting its coverage to "communicable disease."

  • August 07, 2020

    JPMorgan Fights Class Cert. Bid In Interest Rate Swaps Suit

    JPMorgan Chase & Co. in a letter Friday pointed to two recent decisions in New York federal court and the Third Circuit that it says support the rejection of a class certification bid in an antitrust suit over interest rate swaps trading.

  • August 07, 2020

    Surgical Device Co. Says J&J Shouldn't Have Seized Products

    A company that a Johnson & Johnson unit has accused of selling purportedly counterfeit versions of surgical devices told an Illinois federal court Friday that a seizure order of 1.27 million of its products should not have been granted, saying the subsidiary has shown "little, if any, evidence of the ballyhooed pervasive counterfeiting scheme."

  • August 07, 2020

    NJ Exec, Employee Arrested On Export Fraud Charges

    Two employees of Englewood, New Jersey-based electronic component supplier America Techma Inc. were arrested Thursday on conspiracy charges related to unlawful exports, wire fraud and money laundering allegations, the U.S. Department of Justice has announced.

  • August 07, 2020

    NJ Gym's Atty Exits Virus Battle Over 'Strategy' Dispute

    A New Jersey gym's attorney pulled out Friday from its high-profile brawl with the state over COVID-19 restrictions after the lawyer said he refused to pursue a certain "litigation strategy" demanded by the business as it faces possibly more than $15,000 in daily sanctions for defying pandemic measures.

  • August 07, 2020

    Philly Atty Sues Insurer Over Malpractice Coverage Failure

    A Pennsylvania law firm has filed suit against Admiral Insurance Co. and Sherman Wells Sylvester & Stamelman LLP in state court alleging they failed to defend it in a legal malpractice suit, while accusing Sherman Wells of negligence and malpractice for "abandoning" it as a client.

  • August 07, 2020

    Rising Star: Debevoise's Uri Herzberg

    Debevoise & Plimpton LLP's Uri Herzberg has assisted on numerous significant private equity deals since joining the firm in 2007, including multiple recent multibillion-dollar transactions for major private equity clients like Clayton Dubilier & Rice and Morgan Stanley Capital Partners, earning him a spot as one of five PE attorneys under age 40 honored by Law360 as Rising Stars.

  • August 07, 2020

    Bayer, Merck Can't Be Pulled Back In Leg Amputation Suit

    A New Jersey state appellate panel will not second-guess a trial court ruling tossing claims that Bayer Healthcare LLC and former parent Merck & Co. Inc. provided inadequate warnings about Dr. Scholl's padded callus removers in a suit alleging the product led a now-deceased consumer to lose part of his leg.

  • August 06, 2020

    Ex-Fox Rothschild Aide Blasts 'Revisionist' Denial Of Assault

    A former Fox Rothschild LLP legal aide on Thursday accused an ex-firm attorney of engaging in "revisionist history" in trying to escape her New Jersey federal suit alleging he sexually assaulted her, blasting his assertion that they were in a consensual relationship and claiming instead that she was "a victim of his savagery."

  • August 06, 2020

    Split NJ Justices Discipline Former Judge Over Fugitive Ex

    A split New Jersey Supreme Court on Thursday issued a three-month suspension to a former state judge for withholding information from police about her then-fugitive boyfriend, with the majority saying she prioritized her personal concerns over public safety and a dissenting justice calling her the victim of overzealous cops.

  • August 06, 2020

    NJ Tomato Farm Owes $57K For H-2A Visa Violations

    An administrative law judge ruled that a New Jersey tomato farm owes $57,057 in back wages and civil penalties for violating the H-2A visa program for temporary farm workers, finding that it unlawfully deducted pay from workers' wages.

Expert Analysis

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Timing IPRs To Avoid Discretionary Denial Or Damages

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    For patent defendants determining how long they can wait to file parallel inter partes reviews to avoid discretionary denial under the Patent Trial and Appeal Board's recent Apple v. Fintiv ruling, a data-driven approach using recent district court and U.S. International Trade Commission timelines can provide guidance, say Syed Fareed and John Williams at Baker Botts.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Special Masters Can Ease COVID-19 Criminal Case Backlog

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    As courts resume criminal jury trials amid the pandemic, there are several ways special masters can assist overtaxed federal judges in efficiently and expeditiously navigating pretrial issues, say former Third Circuit Judge Thomas Vanaskie and Geoffrey Johnson at Stevens & Lee.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Key Tax Considerations For Cos. With Remote Employees

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    As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

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