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New Jersey
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December 16, 2024
Chemical Co. Retirees Agree To End 401(k) Fee Suit Appeal
Chemical company retirees who accused their former employer of unlawfully loading their 401(k) plan with costly investment options ended their bid to revive a class action, with the Third Circuit signing off on the dismissal.
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December 16, 2024
Fox Rothschild Atty Among 6 NJ Judicial Nominees Advanced
The New Jersey Senate Judiciary Committee on Monday advanced six nominees to the state Superior Court bench, signing off on partners at Faegre Drinker, Meyerson Fox & Conte and Fox Rothschild, an assistant county prosecutor, a criminal defense and family attorney and a director of recreation.
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December 16, 2024
Feds Ask To Speak With Juror In Failed $34M Kickback Trial
Prosecutors on Monday asked a New Jersey federal judge if they could speak with the foreperson of a jury that acquitted a Philadelphia pharmacy executive of scheming to bilk $34 million from insurers by paying kickbacks, after the juror offered to share feedback ahead of a possible retrial.
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December 16, 2024
3rd Circ. Nominee Decries 'Broken' Confirmation Process
Adeel Mangi, the nominee for the Third Circuit who would have been the first federal Muslim appellate judge if confirmed, sent a letter to President Joe Biden on Monday saying the selection process for federal judges is "broken."
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December 16, 2024
Justices Won't Hear 3rd Circ. CFPB Student Loan Trust Case
The U.S. Supreme Court said Monday that it would leave in place a lower court decision allowing the Consumer Financial Protection Bureau to sue securitization trusts over their servicers' treatment of borrowers, declining to take up a challenge to the scope of the agency's enforcement authority.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
NJ Town Fights DuPont Bid To Pause $1B Pollution Suit
A small New Jersey township's billion-dollar suit against Chemours and E.I. du Pont de Nemours should continue without delay, the municipality argued, saying the companies "in their effort to race to" an appeal failed to follow proper court protocol.
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December 13, 2024
J&J Unit Deemed Family Duties A 'Distraction,' Suit Says
A prosthetics company owned by Johnson & Johnson said an employee returning from parental leave had "distractions outside of work" as it gave him negative performance reviews before firing him, according to a suit filed in Massachusetts federal court Friday.
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December 13, 2024
Feds Narrow Drug Case Against Wife Of Convicted Drexel Prof
Prosecutors have told a New Jersey federal judge that they would drop one of three drug distribution charges against the wife of a convicted former Drexel University professor, saying their evidence might not establish intent after the U.S. Supreme Court raised the burden of proof for such cases in 2022.
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December 13, 2024
Philly Atty Gets Harsher Discipline In NJ For Pill Mill Conviction
The New Jersey Supreme Court has suspended an attorney for three years following his conviction for filling fraudulent opioid prescriptions in his side job as a part-time pharmacist, according to a recently filed order.
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December 13, 2024
Menendez, 2 Co-Defendants Lose Bids For New Bribery Trial
A Manhattan federal judge on Friday rejected bids by former Sen. Bob Menendez and two co-defendants for a new trial, ruling there is no manifest injustice after the ex-senator argued the government failed to offer any evidence of how he used his office's power to benefit any of the alleged bribe givers.
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December 12, 2024
Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor
A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.
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December 12, 2024
TD Bank Sued Over AML Controls After Ex-Employee's Arrest
Toronto-Dominion Bank and its top brass concealed and downplayed issues with the bank's anti-money laundering controls, according to a class action filed one day after a former employee was arrested and charged with assisting in a money laundering scheme that sent millions of dollars in narcotics proceeds from the U.S. to Colombia.
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December 12, 2024
3rd Circ. Backs Dismissal Of Anti-Abortion Group's Suit
The Third Circuit on Thursday affirmed the dismissal of an anti-abortion pregnancy center's bid to block the enforcement of a subpoena seeking information about its donors, ruling its constitutional claims are not yet ripe.
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December 12, 2024
J&J Shampoo Contamination Suit Sent Down The Drain
A New Jersey federal judge has thrown out a proposed class action alleging Johnson & Johnson sold coal tar-based shampoo that contained the carcinogen benzene, saying the plaintiff's allegations fall far short of giving him standing.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Lowenstein Sandler Looks To Keep Dispensary Fee Suit Alive
Lowenstein Sandler LLP has asked a New Jersey state judge to reject a bid by a New Jersey cannabis dispensary and a local firm to dismiss its suit seeking nearly $800,000 in unpaid fees while also agreeing to dismiss claims against its receiver.
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December 12, 2024
Hartford Needn't Defend Contractor In Workplace Injury Suit
A Hartford unit has no duty to defend an electrical contractor against an employee's workplace injury suit, the New Jersey Supreme Court ruled Thursday, saying the underlying negligence- and intent-based claims don't fall within the scope of a workers' compensation and employers' liability policy.
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December 12, 2024
JUDGES Act Passes House But Biden Veto Looms
The House voted 236-173 on Thursday to pass a bill to add more judgeships, which tees it up for a likely veto by the president, as many Democrats have soured on the measure after Donald Trump's victory at the polls.
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December 11, 2024
SEC Must Revisit $23M Demand In Collectibles Fraud Case
A New Jersey federal judge has ordered the U.S. Securities and Exchange Commission to recalculate its $23 million bid for disgorgement in a long-running suit against a sports memorabilia merchant found liable at trial last year for ripping off investors, in part by lying about the value of two contracts signed by baseball legend Jackie Robinson.
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December 11, 2024
Feds Say TD Bank Worker Helped Launder Drug Money
A former employee of TD Bank NA who worked in Florida has been arrested and charged with assisting in a money laundering scheme that used the Toronto-based financial institution to illicitly send millions of dollars in narcotics proceeds from the United States to Colombia, according to documents filed in federal court.
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December 11, 2024
Nigerians Impersonated US Brokers For $3M Scam, Feds Say
Three Nigerian nationals were charged on Wednesday with running a nearly $3 million internet investment fraud scheme in which they impersonated legitimate securities brokers and investment advisers, misappropriated the seal of the U.S. Securities and Exchange Commission and stole from at least 28 investors.
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December 11, 2024
WilmerHale's Bharara Named To Steer NJ Traffic Stop Probe
The New Jersey attorney general has named Preet Bharara, a partner at WilmerHale and a former U.S. attorney, to head a criminal investigation into a significant drop in speeding and drunken driving tickets written by the State Police.
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December 11, 2024
Pashman Stein Accused Of Threatening Firm In Fee Dispute
A New Jersey attorney facing a lawsuit from Pashman Stein Walder Hayden PC over $90,000 in unpaid legal fees has alleged in state court that the firm unethically threatened to sue his sister-in-law's law firm as he sought to bring counterclaims.
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December 11, 2024
After Veto Threat, Courts Warn Need For More Judges Urgent
Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.
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.