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New Jersey
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November 20, 2024
Walgreens Wins Sanctions Over Depo With 300 Objections
An Illinois federal judge on Wednesday ruled Walgreens can recover the costs of a contentious deposition in a dispute with an electronics company, saying the witness "possessed virtually no knowledge" of the matters laid out in the deposition notice and the company's attorney engaged in "improper, obstructionist conduct" during the proceeding.
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November 20, 2024
DACA Recipient Fights To Keep NJ Apartment Bias Suit Alive
A Deferred Action for Childhood Arrivals recipient urged a New Jersey federal court not to toss her suit alleging a landlord wrongly refused her housing application, saying she was rejected because she didn't turn over documentation that is unavailable to DACA recipients.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
New Jersey County Sues News Outlets Over Legal Ad Rules
A New Jersey county is suing two Garden State newspapers to change a state law requiring legal notices be published in a print newspaper, contending the requirement will be impossible to meet as news outlets shut down or transition to digital only.
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November 19, 2024
NJ Man Can't Revive Autozone Slip And Fall Injury Suit
A New Jersey appeals panel on Tuesday refused to reinstate a man's slip and fall case against Autozone Inc., saying he presented no evidence that the shop was or should have been aware that the floor was wet before he fell.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 19, 2024
Trump Taps Dr. Oz For CMS Head
President-elect Donald Trump announced on Tuesday he will nominate TV personality Dr. Mehmet Oz to be administrator of the Centers for Medicare & Medicaid Services.
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November 19, 2024
Ex-NJ Prosecutor Seeks To Revive Claims Over Resignation
A former Garden State county prosecutor has asked a state court to rethink its dismissal of his claim that his resignation was involuntary, arguing the court only partially addressed one of the two legal theories raised.
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November 19, 2024
Simpson Thacher-Led Blackstone Makes $8B Jersey Mike's Deal
Private equity giant Blackstone said Tuesday it has agreed to buy a majority stake in Jersey Mike's Subs in a deal that values the fast-casual submarine sandwich outlet at about $8 billion, including debt, according to a person familiar with the matter.
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November 19, 2024
Unjust PJM Power Auction Rules Must Be Redone, FERC Told
State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.
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November 19, 2024
IRS Can Extend Deadline Over Preparer's Fraud, 3rd Circ. Told
The Third Circuit should affirm a U.S. Tax Court ruling allowing the Internal Revenue Service to skirt the normal deadlines and assess taxes going back to 1993 against a couple who were unaware that their tax preparer had falsified their returns to lower their liabilities, the government said.
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November 18, 2024
Justices Urged To Pass On 3rd Circ. CFPB Loan Trust Case
The Consumer Financial Protection Bureau has asked the U.S. Supreme Court to deny an appeal by a group of student loan trusts fighting an enforcement action by the agency, arguing that industry concerns about the Third Circuit case are overblown and unavailing.
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November 18, 2024
J&J Posts $1.17B Bond For Del. Merger Milestone Appeal
Johnson & Johnson Inc. has posted a $1.167 billion surety-backed bond ahead of its planned appeal challenging a Delaware Chancery Court's finding that it owes more than $1 billion to a medical robotics developer's former shareholders caught up in a post-acquisition dispute.
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November 18, 2024
Menendez Calls Trial Evidence Flub 'Deeply Troubling'
Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.
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November 18, 2024
Ex-Crypto CEO Bribe Case Unsealed As Firm Inks $10M Deal
The former CEO of a cryptocurrency mining company tried to bribe Japanese government officials to be able to open a resort in the country, according to an indictment unsealed Monday alongside the company's $10 million deferred prosecution agreement.
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November 18, 2024
Surgeon Keeps Trial Win In Colitis Wrongful Death Suit
A New Jersey state appeals court won't upend a surgeon's trial victory in a suit alleging that he improperly treated an 81-year-old's colitis, leading to her death, finding that the trial court did not abuse its discretion by blocking the woman's family from replacing their medical expert.
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November 18, 2024
Nursing Home Owner Pleads Guilty A 2nd Time To Tax Fraud
A nursing home operator pled guilty for the second time in Newark federal court on Monday to a $38.9 million employment tax fraud scheme involving care centers he owned across the country.
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November 18, 2024
NJ Justices To Consider Sanctions Against Town For Suing Attys
The New Jersey Supreme Court has decided to weigh in on whether state law provides municipalities with immunity from sanctions for frivolous litigation, as it takes up a long-running affordable housing case in Englewood Cliffs.
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November 18, 2024
3rd Circ. Shuts Down Healthcare Workers' Vax Bias Suit
A split Third Circuit panel said a group of Christian workers can't revive suits claiming a healthcare provider illegally fired them for refusing the COVID-19 vaccine on religious grounds, finding they failed to show how their beliefs prevented them from getting immunized.
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November 18, 2024
Monmouth County Attorney One Step Closer To NJ Bench
The New Jersey Senate Judiciary Committee on Monday advanced the nomination of a Monmouth County local government attorney to the state Superior Court, setting up his confirmation to the bench next month.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Texas Court OKs Peloton Atty's Suit Against Ex-Coworker
A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.
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November 15, 2024
3rd Circ. Won't Rehear Moroccan Hotel Fight Over $60M Award
The Third Circuit has declined to rethink its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, despite an investment group's claims that the ruling is unprecedented and disregards well-established Delaware law.
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November 15, 2024
Man Gets 6 Years For Tax Evasion With Watches, Casino Chips
A former New Jersey businessman was sentenced to more than six years in prison and ordered to pay roughly $10.3 million in restitution to the Internal Revenue Service after being convicted of evading taxes using ploys involving luxury watches and casino chips.
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November 15, 2024
Ex-McElroy Deutsch Exec Says Firm Has No Claim On House
The former McElroy Deutsch Mulvaney & Carpenter LLP business development director whose husband pled guilty to stealing millions from the firm has argued that the time has come for the court to toss an attempt by the firm to put her house in a constructive trust.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Don't Phone A Friend: Disclosing Friendships With Executives
The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.