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New Jersey
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June 06, 2024
Cellular Fraud Ring Netted $9M In Fake Lost Phone Claims
Telephone providers and insurance companies were bilked out of $9 million over a six-year period by a scam that used stolen identities to trick them into replacing mobile devices, which were then resold outside the country, according to a guilty plea secured by federal prosecutors.
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June 06, 2024
Drugmakers Escape Cancer Drug Antitrust Claims For Now
A New Jersey federal judge granted drugmakers Celgene and Bristol-Myers Squibb an out from consolidated antitrust litigation accusing them of delaying generic competition to their blockbuster cancer treatments, saying the conduct alleged by a group of insurer plaintiffs fails to amount to anti-competitive conduct.
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June 06, 2024
Victims Say Chiquita Paramilitary Payments Weren't Extortion
Attorneys for the families of people killed by right-wing paramilitaries in Colombia's banana-producing region asked jurors Thursday for an amount totaling tens of millions of dollars in damages as they closed out their Florida federal case against Chiquita, arguing the company willingly funded paramilitary groups.
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June 06, 2024
Former New Jersey AG Recalls 'Gross' Meeting With Menendez
A U.S. Securities & Exchange Commission official took the stand in the bribery trial of Sen. Robert Menendez on Thursday, testifying that he shut down "gross" inquiries by the congressman while the official was serving as New Jersey's attorney general.
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June 06, 2024
Flaster Greenberg Launches Sports Law Practice Group
Less than two months after launching an art law practice, East Coast firm Flaster Greenberg PC has opened a sports law practice group with a particular focus on women's sports.
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June 06, 2024
3rd Circ. Nominee Reports Over $9M Net Worth
Adeel Mangi, whose nomination for the Third Circuit has stalled in the Senate, reported a net worth of over $9 million in financial forms filled out last fall.
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June 06, 2024
NJ Law Firm Ducks Malpractice Judgment Against Ex-Atty
New Jersey appellate judges upheld a decision that found that Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins can't be held responsible for a $378,000 legal malpractice suit judgment against one of its former attorneys for actions prior to joining the firm and in a suit where it was not a party.
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June 06, 2024
Ex-CFO Says McElroy Deutsch's $7M Relief Bid Is A Reach
McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer said Thursday that his old firm's motion for partial summary judgment in a theft suit against him "seeks relief that far exceeds the scope" of his recent criminal guilty plea, defending his request that the New Jersey state court hold off ruling on the bid.
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June 06, 2024
Law Firm Says Axe 'Draconian' J&J Subpoena In Talc Claim
A Mississippi plaintiffs firm urged a New Jersey federal court on Thursday to quash a subpoena served by Johnson & Johnson requesting that the firm turn over documents related to litigation funding and its communication with media outlets, calling the subpoena "draconian" and improper as the firm is not a party to the pharmaceutical giant's current personal injury litigation surrounding its talcum powder products.
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June 06, 2024
Law Firms Accused Of Missing 'Red Flags' In NJ Fraud Deal
A legal malpractice suit filed in New Jersey state court accuses Rivkin Radler LLP and Kunstlinger Law Firm LLC of costing clients millions of dollars by failing to detect "obvious 'red flags'" amid a fraudulent business deal.
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June 05, 2024
3rd Circ. Revives Union Harassment Claims Against County
The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.
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June 05, 2024
Sam Ash Approved For Ch. 11 Sale Process With Baseline Bid
Bankrupt music store chain Sam Ash Music Corp. received approval Wednesday from a New Jersey bankruptcy judge for procedures governing its Chapter 11 asset sale process after negotiating concessions with its lenders, the official committee of unsecured creditors and the U.S. Trustee's Office.
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June 05, 2024
3rd Circ. Won't Put Trade Secrets Atty Fee Fight Before Jury
The Third Circuit on Wednesday backed a jury verdict in favor of two former employees that a power trading company claimed took trade secrets to start a new firm, but rejected one defendant's bid to have a jury determine whether he gets attorney fees for what he called "bad-faith" litigation.
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June 05, 2024
Attys Get Third Of $1.4M Webster Bank Breach Deal
A New Jersey federal judge on Wednesday granted final approval to a $1.4 million settlement, including $476,000 in fees for class counsel, in a suit from a class of account holders that sought to hold Webster Bank and its fraud detection services provider liable for a ransomware attack.
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June 05, 2024
NY Gov. Indefinitely Halts Manhattan Congestion Pricing
New York Gov. Kathy Hochul on Wednesday shelved congestion pricing just weeks before officials were set to implement a fee for vehicles entering Manhattan's busiest corridor, in a dramatic about-face following intense backlash and litigation from residents and business owners grappling with the high cost of living.
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June 05, 2024
'Miracle Worker': Menendez's Wife Was Given New Car, Jurors Told
U.S. Sen. Robert Menendez's wife received a $67,000 Mercedes-Benz convertible thanks to the efforts of two of the congressman's associates, one of whom she called a "miracle worker," jurors heard Wednesday in the government's bribery case in New York federal court.
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June 05, 2024
Rutgers Law Students Must Provide Comms In Bias Suit
A pair of Rutgers Law School students must turn over recordings and messages in a Jewish classmate's lawsuit accusing the school of antisemitic bias for opening a disciplinary investigation against him after he spoke out against the same two students for allegedly spreading antisemitism, a New Jersey state judge has ruled.
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June 05, 2024
3rd Circ. Debates Length Of Breaks In $7M Wage Case
A Third Circuit panel tried on Wednesday to pin down when the U.S. Department of Labor and an in-home care agency believed that employees were off-duty or just traveling between jobs, and whether the company's lack of travel-time records left it open to a $7 million judgment based on government estimates.
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June 05, 2024
LegalZoom Hit With Unlawful Law Practice Suit In NJ
LegalZoom has been hit with a proposed class action in New Jersey state court alleging it has engaged in the unauthorized practice of law in the Garden State.
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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.
Expert Analysis
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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If Justices End Chevron Deference, Auer Could Be Next Target
If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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The Court's Likely Game Plan For TM Suit Against LIV Golf
Joseph Walsh at Harness IP examines the key factors a New Jersey district court will likely consider in the trademark infringement suit Cool Brands v. LIV Golf, including the strength of the plaintiff's mark, whether the mark was adopted to intentionally compete and relative pricing of each product sold under their respective brands.