New Jersey

  • May 29, 2020

    NJ's Judicial Vacancies To Collide With COVID-19 Crisis

    The ongoing ban on New Jersey state jury trials due to the COVID-19 pandemic could make a bad situation even worse for courts already facing judge shortages as they struggle to get through the cases piling up during the crisis, leading to further gridlock in Garden State litigation.

  • May 29, 2020

    NJ Gives Attys More Time For Some Work Amid Pandemic

    The New Jersey Supreme Court is further extending certain provisions due to the COVID-19 pandemic, but related measures have ceased as the state judiciary ramps up its capacity to handle matters remotely amid the crisis, according to an order made available on Friday.

  • May 29, 2020

    3 Firms Steer Oncology Biotech's $350M Spinoff, IPO Plans

    Legend Biotech, a clinical-stage biotechnology company being spun out of GenScript, said Friday it hopes to raise $350 million in an initial public offering steered by Cooley LLP, Harney Westwood & Riegels and JunHe LLP.

  • May 29, 2020

    NJ Extends Deadline For Property Tax Appeals Amid COVID-19

    New Jersey Gov. Phil Murphy signed a bill extending to July 1 the deadline to file 2020 property tax assessment appeals, and extending deadlines for county tax boards to decide on such cases, as relief from the COVID-19 pandemic.

  • May 28, 2020

    Prison Phone Co. To Pay Up To $25M To End Inmate Call Suit

    A prison technology company has agreed to a deal worth up to $25 million in cash and phone credits to end allegations it overcharged for inmate calling services, the class said Thursday in asking a New Jersey federal court for preliminary approval of the settlement.

  • May 28, 2020

    NJ Court Challenged Over Prolonged Sealing Of FCA Cases

    The U.S. Department of Justice and the New Jersey federal court are "eviscerating" the transparency of the judiciary by indefinitely taking whistleblower cases off the public record, a medical device maker said in a Thursday suit.

  • May 28, 2020

    Hertz Wants Currency, Wage Suits Stayed For Bankruptcy

    Hertz Corp. has asked federal courts to press pause on proposed class action suits by customers claiming they were hit by hidden currency conversion fees and by workers claiming they were cheated out of overtime as the company begins Chapter 11 proceedings.

  • May 28, 2020

    NJ Judge Aims To Revive Civil Rights Claims Over Arrest

    A New Jersey state judge facing ethics charges said she wasn't too late in filing civil rights claims against a municipality as she urged a federal court to set aside a ruling gutting her suit over her arrest for allegedly hindering the apprehension of her then-fugitive boyfriend.

  • May 28, 2020

    The Top In-House Hires Of May

    Legal department hires during May included high-profile appointments at Boeing, Bed Bath & Beyond and Spotify. Here, Law360 looks at some of the top in-house announcements from the past few weeks during the COVID-19 outbreak.

  • May 28, 2020

    Fox Rothschild Adds Ex-McCarter & English Real Estate Atty

    Fox Rothschild LLP has added a former McCarter & English LLP commercial real estate attorney to its Morristown, New Jersey, office, where his first priority will be helping his clients navigate disruptions caused by COVID-19.

  • May 28, 2020

    NJ Justices Revive Class Action Over Gym 'Initiation Fee'

    The New Jersey Supreme Court on Thursday reinstated a proposed class action against a health club over claims its "initiation fee" violated the state's Retail Installment Sales Act, finding the statute applies to services contracts and does not require such contracts to include a financing arrangement.

  • May 27, 2020

    Calif. Leads Coalition Challenging Trump Fuel Economy Rule

    A coalition of more than 20 states and local governments led by California challenged the Trump administration's new greenhouse gas and fuel economy standards in the D.C. Circuit on Wednesday, arguing they are an unlawful retreat on a major climate change policy that will make public health worse.

  • May 27, 2020

    Judge Urges Sides To Settle PNC Bank Sex Assault Case

    A New Jersey state judge on Wednesday urged PNC Bank and a former employee to try to strike a deal amid their competing bids for new trials in the ex-worker's suit against the financial institution over being attacked by a customer, saying the matter "should be settled."

  • May 27, 2020

    3D-Printed Gun Firm Urges 9th Circ. To Revive Blueprint Deal

    An organization that develops blueprints for 3D-printed guns has urged the Ninth Circuit to reinstate a deal with the U.S. Department of State allowing it to publish the firearm schematics online, calling states' challenge to the agreement a move against its First Amendment rights.

  • May 27, 2020

    La-Roche Can't Shake Class Cert. In Environmental Suit

    Hoffmann La-Roche Inc. has failed in its attempt to dismantle a class of Garden State homeowners who say a company research facility polluted their water, a New Jersey appeals court said on Wednesday.

  • May 27, 2020

    Contractor Must Fork Over $3M In Union Fund Contributions

    A Manhattan federal court affirmed a $3 million arbitration award against a highway and bridge contractor for making deficient payments to various carpenters union benefit funds.

  • May 27, 2020

    US Faces Difficult Choice In $1.2B Venezuela Award Fight

    A potential impediment to Crystallex's efforts to seize shares in Citgo's parent company to enforce a $1.2 billion arbitral award against Venezuela was removed after the U.S. Supreme Court rejected the case, but the Canadian miner's legal woes are still far from over.

  • May 27, 2020

    Defiant NJ Gym Sues To Invalidate Virus Shutdown Orders

    The New Jersey gym that gained national attention for defying Gov. Phil Murphy's COVID-19 shutdown of nonessential businesses has filed a lawsuit seeking to invalidate the executive orders, arguing they violate its constitutional rights.

  • May 27, 2020

    Lyft Rips NJ Drivers' Bid To Gain Transpo Worker Exemption

    Lyft urged a New Jersey federal court to reject a group of drivers' attempt to "gerrymander" what it means to be a transportation worker engaged in interstate commerce to dodge having to arbitrate their proposed wage and hour class action.

  • May 27, 2020

    NJ Inmates Denied Voice In Virus Release Process, Court Told

    New Jersey inmates serving time during the COVID-19 pandemic are being unjustly denied a voice in the decision to either release them for safety reasons or keep them incarcerated during an urgent health crisis, the state supreme court heard Wednesday.

  • May 26, 2020

    Payday Loan 'Godfather' Appeal Not For High Court, Feds Say

    Government attorneys on Tuesday advised the U.S. Supreme Court against hearing a Pennsylvania man's claim that his racketeering conviction and 14-year prison term should be overturned, telling the high court that a district judge's jury instructions in the initial matter had been given properly.

  • May 26, 2020

    Target Says Chubb Can't Escape Data Breach Coverage

    Target Corp. urged a Minnesota federal court Tuesday to rule that Chubb Ltd. should cover its losses stemming from bank settlements over a 2013 data breach, saying that the hacking of credit card data triggers coverage for "lost use of tangible property."

  • May 26, 2020

    NJ Facing $10B Budget Hole Due To COVID-19, Gov. Says

    New Jersey is facing a nearly $10 billion revenue shortfall for the current and upcoming fiscal years due to the novel coronavirus pandemic, though for now the governor isn't talking about new taxes to help close the gap.

  • May 26, 2020

    NCAA Hoops Trio Says Bridgegate Shows Gov't Overreached

    Three men convicted of defrauding certain colleges by making illicit payments to basketball recruits in violation of NCAA rules told the Second Circuit on Friday that the U.S. Supreme Court's recent decision to toss convictions from the Bridgegate scandal shows that they should not have been convicted of fraud. 

  • May 26, 2020

    NJ Delivery Co. Fights For Arbitration In Wage Spat

    US Pack Logistics Inc. has told a New Jersey court that a federal magistrate judge should've ordered arbitration in a delivery driver's proposed wage and hour class action, saying the driver is not a transportation worker engaged in interstate commerce who'd be exempt from arbitration.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and best practices to avoid waiving attorney-client privilege when using electronic communications.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Defending Remote Testimony In White Collar, Securities Cases

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    The COVID-19 shift to remote witness testimony in white collar and U.S. Securities and Exchange Commission investigations changes how both sides handle documents, investigate and interact, and will require defense lawyers to reconsider how they present their clients, say attorneys at Richards Kibbe.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    COVID-19 Relief Should Include Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

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