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New Jersey
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June 27, 2024
Rec Sports Co. Wants Proof Behind Trade Secret Theft Claims
A recreational sports club that was accused of receiving a competitor's confidential customer information has demanded that its accuser produce its evidence, telling a New Jersey federal judge that it is "mystified" by the allegations.
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June 27, 2024
Hospitals' Charity Care Does Not Equal Taking, NJ Panel Rules
A New Jersey appellate panel Thursday rejected a group of Garden State hospitals' challenge to a lower court's finding that a state requirement to treat patients regardless of the patient's ability to pay does not amount to constitutional taking, ruling that they failed to show evidence of physical taking of hospital property.
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June 27, 2024
Ex-Deputy Mayor Of Newark Pleads Guilty In Bribery Scheme
A former deputy mayor of Newark, New Jersey, has admitted in federal court that he conspired with two business owners in a bribery scheme involving the acquisition and redevelopment of various city-owned properties, federal prosecutors said.
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June 27, 2024
Feds Back Debevoise Bid To Avoid Cognizant Trial Testimony
The U.S. Department of Justice would like a New Jersey federal court to throw out a subpoena compelling trial testimony from a Debevoise & Plimpton LLP partner regarding an investigation into an alleged bribe the government believes two former Cognizant Technology Solutions executives supplied to an Indian company.
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June 27, 2024
Lowenstein Pro Bono Head On Guiding NJ Public Interest Law
Law360 Pulse caught up with Alexander Shalom, head of the Lowenstein Center for Public Interest as of the beginning of June, to discuss his plans for the influential pro bono center’s future and his reflections on his time at the ACLU-NJ.
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June 27, 2024
Supreme Court Freezes EPA's 'Good Neighbor' Rule
The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Menendez Pals 'Generous,' Jeweler Says In Joke-Filled Testimony
A jeweler who helped Sen. Robert Menendez's wife sell gold bars that were supposedly bribes testified Wednesday the codefendants who gave Menendez the bars have always been generous, salting his testimony with so many droll comments that the New York federal judge — who initially bantered back — eventually gave a special instruction reinforcing that the trial is "very serious."
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June 26, 2024
3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
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June 26, 2024
State Data Privacy Law Patchwork: Midyear Report
States jumped on the consumer data privacy law bandwagon at a brisk clip in the first half of 2024, although it remains unclear if this push will be enough to encourage Congress to finally enact a nationwide framework this year.
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June 26, 2024
Ed Tech Co. Can't Beat Investor Suit Over Bot-Inflated Classes
A New Jersey federal judge has ruled that confidential witness testimonies, among other things, "paint an unmistakable picture" that education tech company GSX Techedu Inc. used "bots" to inflate its online class enrollment numbers, in refusing to dismiss a suit against the company that demands recompense from certain executives for stock price drops.
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June 26, 2024
NJ, Pa. Apartment Co. Accused Of Migrant Discrimination
A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.
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June 26, 2024
NJ Cos. Can't Toss Contamination Claim In Green Groups' Suit
A New Jersey federal judge won't let NL Industries Inc. and a subsidiary escape claims by two environmental groups under the Resource Conservation and Recovery Act, saying it's undisputed that the companies are considered persons who handled hazardous waste.
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June 26, 2024
NJ Shore Town Asks Court To End Bar's Teen Night
A Garden State beach town asked a New Jersey federal judge to put an end to a popular bar's Teen Night after the establishment said it will continue to hold the twice-weekly events despite a borough ordinance banning them, claiming the events lead to raucous and illegal behavior.
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June 26, 2024
NJ Panel Tosses Malpractice Suit Over COVID-19 Death
A New Jersey appellate panel on Wednesday dismissed medical malpractice claims against a nursing home and doctor who discharged a patient without waiting for the results of her COVID-19 test, which turned out to be positive, an omission that preceded the death of her husband from the virus.
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June 26, 2024
CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case
The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
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June 25, 2024
3rd Circ. Says Smith & Wesson Can't Sidestep NJ Subpoena
The gunmaker Smith & Wesson must comply with a subpoena from New Jersey to produce advertising materials requested in a consumer fraud case brought by the state, a divided Third Circuit panel ruled Tuesday.
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June 25, 2024
After Rahimi Win, Feds Set Sights On Felon Gun Ban
In a bid to capitalize on last week's U.S. Supreme Court ruling upholding a federal law that prohibits domestic abusers from possessing firearms, the U.S. solicitor general has called on the justices to next tackle a slew of constitutional challenges to the separate, sweeping ban on people convicted of felonies owning guns.
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June 25, 2024
Ex-SEPTA Surveillance Unit Head Gets 37 Months For Bribery
A former director of video surveillance for a Pennsylvania transportation authority was sentenced Monday for his role in a bribery and extortion scheme in which he exchanged inside information for thousands of dollars, concert tickets and a future job.
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June 25, 2024
Kennedy's Bid For President Violates NJ Law, Suit Says
An election lawyer Tuesday launched a bid in New Jersey state court to kick presidential candidate Robert F. Kennedy Jr. off Garden State ballots in November's general election, arguing Kennedy's independent candidacy is barred by state law.
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June 25, 2024
NJ Says Union Skipped Over Black Workers For Job Referrals
An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.
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June 24, 2024
Menendez Was 'Weird' While Planning Egypt Trip, Jury Hears
A New York federal jury weighing charges that U.S. Sen. Robert Menendez took bribes for official acts related to Egypt heard Monday from a congressional staffer that the senator acted "weird" while planning an official trip there and was "making up lies."
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June 24, 2024
Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling
Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.
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June 24, 2024
Wage Law Doesn't Apply To $32M In PPE Sales, NJ Panel Says
An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.
Expert Analysis
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Why Standing Analysis Is Key In Data Breach Mediation
Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Life Sciences Cos. Can Prevent Securities Class Actions
Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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NJ Law Reinforces States' Stance Against Card Surcharges
A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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FLSA Ruling Highlights Time Compensability Under State Law
While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Appellate Rulings Highlight Telecom Standard Uncertainties
Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.