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New Jersey
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June 04, 2024
Fintech Execs Face Another Suit Over CEO's Stock Ownership
Insiders at blockchain-based financial services company Future FinTech Group Inc. were hit with a shareholder derivative suit on Tuesday alleging they concealed that the company's CEO had inflated stock prices, which was revealed to the public when the U.S. Securities and Exchange Commission filed a lawsuit against him.
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June 04, 2024
Biotech RenovaCare Can't Beat Investors' Stock Promo Suit
A New Jersey federal judge has ruled that investors in biotechnology company RenovaCare Inc. failed to prove their case against firms they accused of profiting from a scheme to pump up the company's shares, but otherwise allowed their claims to proceed against the maker of skin burn treatments and a few of its executives.
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June 04, 2024
Fed. Circ. Pours Doubt On Trademark Board's 'Cognac' Ruling
Federal Circuit judges on Tuesday repeatedly expressed skepticism over a split administrative board ruling that allowed a small hip-hop record label to land a trademark using the word "cognac" over objections from the cognac distilling industry.
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June 04, 2024
3rd Circ. Doubtful NJ Temp Worker Law Is Unconstitutional
A Third Circuit panel on Tuesday seemed skeptical that a New Jersey law geared toward protecting temporary workers was unconstitutionally protectionist, despite an apparent acknowledgment of industry groups' fears that it could destroy the temp staffing agency industry in the Garden State.
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June 04, 2024
Fox Rothschild Partner Can't Testify In NJ Fraud Retrial
Fox Rothschild LLP partner Ernest E. Badway can't serve as an expert witness for a businessman facing retrial on securities fraud claims, a New Jersey federal judge ruled Tuesday, siding with the government's contention that the testimony would be irrelevant.
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June 04, 2024
Experian Accuses Firms Of Fake Mortgage Denial Scheme
Credit reporting law firm Stein Saks PLLC headed up a nationwide scheme to "extort" Experian into settling "sham" lawsuits by consumers through creating fake credit denial letters in order to inflate damages and bolster their consumers' suits, according to a federal lawsuit filed by the credit reporting agency.
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June 04, 2024
Liberty Mutual Wants NJ Judge Removed From Accident Case
Liberty Mutual urged a New Jersey federal judge to recuse himself from a construction accident coverage case Monday arguing that he failed to disclose at the beginning of litigation that he holds multiple policies with the insurer dating back to 1980 and was previously investigated over a missing jewelry claim.
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June 04, 2024
NJ Pitches Rule To Clarify Disparate Impact Bias Ban
New Jersey's civil rights agency proposed a rule laying out the standards for the state's prohibitions on workplace policies that have a disproportionate impact on people in protected classes.
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June 04, 2024
NJ Deer Repellent Co. Can't Get TRO In Trade Secret Fight
A New Jersey deer repellant maker cannot restrain a competitor in Ohio who used to license its trademarks, its formerly patented repellant formula and its secret spraying techniques, a federal judge ruled, because its trade secrets complaint has not alleged any harm that cannot be cured later with damages.
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June 03, 2024
Ex-Official Says Menendez Sparked Fear Of Ag Industry 'Harm'
A former U.S. Department of Agriculture official conceded under cross-examination Monday that a phone call he received from U.S. Sen. Robert Menendez about an acquaintance's certification business for meat exported to Egypt was like dozens he received from lawmakers advocating for their constituents, but he said it still left him worried for the industry.
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June 03, 2024
'Luxury' Wasn't Part Of Mansion Deal, 3rd Circ. Told
An attorney for a luxury home-building company asked the Third Circuit on Monday to throw out a six-figure judgment against the company for allegedly falling short on its promise to construct a high-end house for two Western Pennsylvania homeowners, arguing the customers' suit was not based on promises made in the contract but on vague marketing statements.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
2nd Circ. Reverses Polish Woman's Removal For Drug Offense
The Second Circuit revived a Polish immigrant's bid to cancel her deportation from the U.S., saying her drug conviction under New Jersey state law for distributing cocaine didn't qualify as an aggravated felony under a comparable federal law.
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June 03, 2024
3rd Circ. Backs Bad Subpoena Sanction In Race, Sex Bias Suit
The Third Circuit has upheld a $6,720 fee sanction against a New Jersey attorney for serving an intentionally misleading subpoena while representing a Garden State management company against federal race and sex bias claims.
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June 03, 2024
Ropes & Gray Guides Becton On $4.2B Edwards Unit Buy
Ropes & Gray LLP is guiding Becton Dickinson and Co. on a deal that will see the medical technology company pay $4.2 billion for Edwards Lifesciences' critical care product group, which focuses on patient monitoring using artificial intelligence, the companies said Monday.
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June 03, 2024
Justices Won't Mull Worker-Friendly Ruling On Preshift Pay
The U.S. Supreme Court declined on Monday to hear a case asking how to decide when an employer must pay employees for time they spend on preshift tasks that are necessary for them to do their jobs.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Ex-DEA Agent Told Jury Chiquita Was 'Victimized' By Militants
A former U.S. Drug Enforcement Administration agent took the stand Friday in the federal trial against Chiquita Brands International Inc., testifying to jurors in Florida court that right-wing paramilitary group Autodefensas Unidas de Colombia was the leading supplier of cocaine and "victimized" the company by using it to smuggle drugs.
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May 31, 2024
Nigerian Fintech's Execs Sued Over Alleged Company Fraud
The current and former top brass of Nigerian fintech company Tingo Group Inc. have been hit with a derivative suit in New Jersey federal court over revelations of fraud at the company, which has led to other litigation, including actions launched by the U.S. Securities and Exchange Commission and the U.S. Department of Justice.
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Coinbase Says 'Unworkable' Crypto Enforcement Needs Rules
Crypto exchange Coinbase told the Third Circuit on Friday that anything less than ordering the U.S. Securities and Exchange Commission to write rules for digital assets will "abet the dithering and delay" tactics that the regulator is using to "bludgeon" and "cripple" the industry with enforcement cases.
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May 31, 2024
3rd Circ. Preview: Labor Battles Heat Up In June
Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.
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May 31, 2024
DOJ Slams Apple's Planned Bid To Dismiss Antitrust Suit
The U.S. Justice Department has hit back against Apple's proposed bid to exit the department's antitrust suit claiming that the company is monopolizing the smartphone market, arguing that the technology giant ignores "well-pleaded facts" and misinterprets the law.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Managing ANDA Venue Issues As Del. And NJ Filings Rise
Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.