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New Jersey
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August 09, 2024
Real Estate Recap: Big 4 Market Views, Gas-Ban Backfire, AI
Catch up on this week's key developments by state from Law360 Real Estate Authority — including what the largest commercial real estate brokers expect from capital markets in the second half of the year, how municipalities are reacting to the Ninth Circuit striking down Berkeley, California's natural gas-hookup ban, and why Brookfield Corp. is betting big on AI.
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August 09, 2024
Visa Rule Change Forcing Priests Out Of US, Suit Claims
A U.S. Department of State regulation unlawfully deprioritized visa availability for foreign religious workers, who as a result are being forced to leave the U.S. and abandon their congregations or overstay their visas, a new federal lawsuit claims.
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August 09, 2024
Transco Can't Get Full 3rd Circ. Review Of Pa. Permit Fight
The Third Circuit has rebuffed Transcontinental Gas Pipe Line Co.'s bid for en banc review of a district court's decision backing a Pennsylvania state environmental board's authority to review pipeline upgrade permits.
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August 09, 2024
NJ Paralegal Resolves Suit Over Firing After Broken Foot
A former paralegal for the Law Offices of Geoffrey D. Mueller LLC has resolved her lawsuit against the Westwood, New Jersey, office after accusing it last year of firing her in violation of state anti-discrimination law after she asked for a leave of absence to recover from a broken foot, according to a notice of settlement filed in Bergen County Superior Court.
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August 09, 2024
Chinese Flooring Manufacturer Can't Get $1.2M Award OK'd
The Third Circuit won't enforce a Chinese court's arbitral award of $1.2 million to a flooring manufacturer against a Pennsylvania distributor, backing the finding of a federal court in Philadelphia that the parties never agreed to arbitrate the dispute.
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August 09, 2024
RFK Jr. Can Stay On State's Ballot, NJ Secretary Of State Says
New Jersey Secretary of State Tahesha Way has said Robert F. Kennedy Jr.'s independent presidential bid does not violate the state's "sore loser" law, rejecting an election attorney's challenge to Kennedy's placement on the Garden State's ballot.
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August 09, 2024
Eckert Seamans Sued Over New Jersey Condo Development
Eckert Seamans Cherin & Mellott LLC simultaneously represented a real estate development company and two of its former managers, and also improperly took compensation for its work before company debts were satisfied, according to a legal malpractice lawsuit filed this week in New Jersey state court.
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August 08, 2024
Credit Repair Software Co., CEO To Pay $3M CFPB Fines
The Consumer Financial Protection Bureau on Thursday said a California-based software company and its CEO have agreed to pay a combined $3 million in fines to resolve a lawsuit alleging that the company assisted credit repair businesses that charged illegal advance fees to consumers.
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August 08, 2024
Where Judicial Vacancies Stand As Congress Is In Recess
The U.S. Senate doesn't return for about a month, but when it does, Democrats will be on the final sprint to try to top the 234 judges confirmed in former President Donald Trump's first term.
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August 08, 2024
McElroy Deutsch Seeks To Ax Former CFO's Ch. 11 Case
McElroy Deutsch Mulvaney & Carpenter LLP urged a New Jersey bankruptcy court Thursday to throw out a Chapter 11 filing from its former chief financial officer, who has been sent to prison for stealing over $1 million from the firm, slamming it as a bad faith "tactical maneuver" to stall ongoing civil litigation.
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August 08, 2024
NJ Chief Justice Escapes Depo In Ex-Jurist's Pension Suit
Chief Justice Stuart Rabner of the New Jersey Supreme Court will not have to sit for a deposition in a suit brought by a former Superior Court judge over the denial of her disability pension application, a Garden State judge ruled Thursday.
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August 08, 2024
50 Cent Beats Liquor Consultant's 'Ridiculous' Wiretap Claim
A frustrated New York state judge on Thursday tossed a former Beam Suntory Inc. sales contractor's reworked wiretapping allegations against rapper Curtis "50 Cent" Jackson in a $3 million embezzlement dispute, calling the claims "ridiculous" and an "obvious" delay tactic.
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August 08, 2024
LegalZoom Seeks Arbitration Of Unauthorized Practice Claims
LegalZoom has asked a New Jersey federal court to force arbitration of proposed class claims that the company engaged in the unauthorized practice of law, arguing the named plaintiff entered into a binding arbitration agreement by clicking "agree and pay now" when he purchased services from the online platform.
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August 07, 2024
TD Bank Shared Customer Data With Meta, Suit Claims
A new proposed class action in New Jersey federal court alleges TD Bank wrongfully shared customers' personal information with Meta Platforms Inc. without consent for marketing purposes.
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August 07, 2024
Hong Kong Co. Scores Default Win In $10M Face Mask Suit
A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.
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August 07, 2024
Law Firms Fight J&J Bid To Revive Talc Subpoenas
The Beasley Allen Law Firm, the steering committee of talc plaintiffs suing Johnson & Johnson, and a third-party law firm urged the New Jersey federal court this week to reject a bid from the pharmaceutical company to reinstate subpoenas seeking evidence of alleged third-party litigation funding.
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August 07, 2024
NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional
The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.
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August 07, 2024
Mortgage Banker Says Experian Can't Tie Him To 'Sham' Suits
A New Jersey-based licensed mortgage banker is urging a California federal judge to let him escape Experian's suit alleging that he helped credit reporting law firms identify clients and created false evidence of a mortgage denial in a nationwide scheme to "extort" the credit reporting agency into settling "sham" lawsuits.
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August 07, 2024
Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 06, 2024
Fed. Circ. Pours Out Trademark Board's 'Cognac' Ruling
A cognac distilling industry trade group persuaded the Federal Circuit on Tuesday to scrap an administrative board holding that let a small record label register a trademark using the word "cognac," setting new law on how to determine the fame of "certification marks."
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August 06, 2024
Fifth Third Bank Faces MDL Bid Over Allegedly Hidden Costs
A group of consumers is urging the Judicial Panel on Multidistrict Litigation to centralize in New Jersey five proposed class actions alleging Fifth Third Bank NA's solar panel financing business hid loan costs from consumers.
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August 06, 2024
NJ Justices Remove 'Routine' Barrier To Compressor Hub
The New Jersey state appeals court misinterpreted the word "routine" in a decision that paused a plan for a natural gas compressor station in the Highlands Preservation Area, the state Supreme Court ruled Tuesday.
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August 06, 2024
Ex-Pfizer Worker Who Traded On Paxlovid Secrets Gets 9 Mos.
A Manhattan federal judge sentenced a former Pfizer Inc. statistician from New Jersey to nine months in prison Tuesday after a jury convicted him of insider trading on secrets about his former company's COVID-19 therapy trials for an illegal $272,000 profit.
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August 06, 2024
McCarter & English Adds NJ Election Law Compliance Head
McCarter & English LLP picked up the former director of compliance at the New Jersey Election Law Enforcement Commission as a special counsel this week, bringing experience enforcing rules around campaign contributions and other issues.
Expert Analysis
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.