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New Jersey
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July 30, 2024
No Damage Needed To Replace NJ Beach House, Panel Says
New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.
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July 30, 2024
NJ Judge Off The Bench For Cursing, Gifting Giants Tickets
A New Jersey municipal judge accused of using profanity in the courtroom, fraternizing with police officers at a Hooters restaurant and gifting New York Giants tickets to the town's code enforcement officer has been removed from the bench, the state Supreme Court said Tuesday.
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July 30, 2024
Former Prosecutor 'Coming Back Home' To NJ Boutique
After prosecuting federal healthcare crimes in New Jersey, a former assistant U.S. attorney has returned to boutique firm Calcagni & Kanefsky LLP to guide clients as part of the firm's white collar criminal and regulatory defense and investigations practice with a focus on healthcare litigation and licensing, the firm announced Tuesday.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Election Atty's NJ Courts Bid To Boot RFK From Ballot Denied
A New Jersey state judge on Monday tossed an election lawyer's attempt to remove Robert F. Kennedy Jr. from the state ballot as an independent presidential candidate, ruling the attorney must file an objection to Kennedy's presidential bid with the Garden State's secretary of state.
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July 29, 2024
Law Firm Can't Nix $2.9M Judgment Over Concussion Fees
A law firm that represented National Football League players in a multidistrict litigation over the league's handling of concussions can't avoid a litigation funding agency's $2.9 million judgment against it, after a Pennsylvania federal judge shot down Mitnick Law Office's arguments that the fees being garnished fell under various exceptions.
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July 29, 2024
8 Ex-Employees Say NJ Firm Didn't Pay OT, Paid Women Less
Davis Saperstein & Salomon PC has been hit with a pair of lawsuits in New Jersey state court alleging the Bergen County-based personal injury firm didn't pay overtime wages, paid its female employees less than their male colleagues and subjected a pregnant woman to a hostile work environment.
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July 29, 2024
3rd Circ. Says Jury Must Weigh Ex-Philly ADA's Vax Bias Case
A jury will have to determine whether the Philadelphia District Attorney's Office was following a neutral, general policy when it denied an employee's religious exemption from its COVID-19 vaccination mandate, or whether D.A. Larry Krasner harbored anti-religious bias in the decision, the Third Circuit ruled Monday.
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July 29, 2024
NJ Judge Behind Daniel's Law Expands Efforts To Help
Four years after her son's murder spurred a New Jersey judge's determination to bring about monumental advances in judicial security, positive change is reaching another sector of the court community.
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July 26, 2024
3 Ex-Seton Hall Law Workers Cop To 13-Year Embezzlement
A former assistant dean and two other former employees of Seton Hall University School of Law pled guilty this week to defrauding their former employer of more than $1.3 million in a scheme spanning 13 years.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Shareholder Litigation To Watch: A Midyear Report
A pair of anticipated U.S. Supreme Court arguments, the fate of a new wave of lawsuits against special purpose acquisition companies and the future of shareholder claims of artificial intelligence malfeasance are among the issues that securities practitioners are following as the second half of 2024 unfolds in the courts.
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July 26, 2024
Healthcare Software Co. Must Face Trimmed Data Hack Suit
NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.
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July 26, 2024
'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years
McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.
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July 26, 2024
NJ-Pa. Transit Operator Freed From Suit Over Worker's Death
A New Jersey federal judge dismissed a suit brought by the estate of a Port Authority Transit Corp. worker killed on the job, ruling the commuter rail line between New Jersey and Pennsylvania is exempt from federal railroad regulatory requirements.
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July 26, 2024
Rutgers Fights Contempt Bid By Student Who Filed Bias Suit
Rutgers University wants a New Jersey state court to reject a bid by a law school student who filed a discrimination suit against it to hold the school in contempt for moving ahead with disciplinary measures against him, arguing there is "no basis" to grant the request.
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July 26, 2024
NJ Justices Won't Discipline Ex-Judge Twice For Estate Work
The New Jersey Supreme Court has thrown out an ethics complaint against a retired state judge for continuing to administer a deceased client's estate for 13 years after being appointed to the bench.
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July 26, 2024
Wait For Depositions May Delay Cognizant Bribe Trial Again
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India could be delayed again after New Jersey federal prosecutors said on Friday that the current Sept. 9 date is too soon to complete necessary depositions in that country.
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July 25, 2024
3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11
The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.
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July 25, 2024
NJ Justices Uphold Yeshiva's Win In Defamation Suit
The New Jersey Supreme Court has upheld a ruling that the ministerial exception insulating religious employers from workplace tort claims protects an Orthodox Jewish school from a fired teacher's defamation claim over a letter sent to the community following an inquiry into allegations that he had interacted inappropriately with students.
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July 25, 2024
Solvay Wants Arkema To Cover Some Of NJ PFAS Deal
Solvay Specialty Polymers USA LLC said it plans to ask a New Jersey state judge to lift a 3-year-old stay so it can seek contributions from Arkema Inc. for the remediation of forever chemical pollution stemming from a West Deptford facility.
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July 25, 2024
Justices Urged To Hear Red State Bid To End Climate Torts
Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.
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July 25, 2024
Hedge Fund Manager Ordered To Disgorge $67M In Profits
A hedge fund manager who copped to running a $100 million securities fraud scheme has been ordered by a New Jersey federal court to pay back the $67 million in profits she earned through misleading 40 investors about the fund's performance.
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July 25, 2024
6th Circ. Judge Questions GM's Arbitration Argument Delay
A Sixth Circuit judge pressed General Motors on Thursday about why it waited three years to argue that some plaintiffs were bound by arbitration agreements in a class action over allegedly defective transmissions, saying a major car company should be aware most consumers sign such contracts.
Expert Analysis
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Studying NY, NJ Case Law On Employee Social Media Rights
While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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5 Issues To Consider When Liquidating Through An ABC
Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.