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New Jersey
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October 30, 2024
KKR, ECP To Plug $50B Into Data Centers, Power Projects
Private equity firms KKR & Co., advised by Simpson Thacher, and Energy Capital Partners have teamed up to inject $50 billion into building data centers and energy generation projects in a bet on meeting rising demand for infrastructure to support the artificial intelligence boom.
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October 30, 2024
3rd Circ. Vacates, Remands Philly Union Rule Suit
The Third Circuit revived a suit by a group of contractors against Philadelphia and its mayor's office over the city's former policy requiring that companies working on public projects be members of certain designated unions, ruling that those contractors still have standing for injuries that arose while the rule was enforced.
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October 29, 2024
NJ Researcher Wants DNA Test On Lindbergh Baby Evidence
A New Jersey woman pleaded with a state appellate panel on Tuesday to allow her to test evidence in the 1932 kidnapping and murder of the toddler son of aviator Charles Lindbergh, contending that new technology can determine whether anyone besides the man put to death for the crime was involved.
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October 29, 2024
Republic First Bank Discriminated Before It Failed, NJ Says
New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.
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October 29, 2024
NJ Recycler, Insurer Settle Suit Over Millions In Fire Damage
A New Jersey recycling center has agreed to drop its suit over its insurer's alleged refusal to cover millions in losses stemming from an April 2023 fire at its facility, according to court documents.
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October 29, 2024
NJ Judge Exits Disbarred Atty's Suits Over Ties To State Bar
A disbarred New Jersey civil rights attorney persuaded a New Jersey federal judge to recuse herself from cases he has pending before her due to the "slim, but conceivable chance" of an appearance of impropriety stemming in part from her time as president of the New Jersey State Bar Association.
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October 29, 2024
Besieged NJ Prosecutor Keeps Suit Over Resignation Alive
The former county prosecutor in Warren County, New Jersey, has partially defeated a motion to dismiss from Gov. Phil Murphy and Attorney General Matthew Platkin, and can pursue a state court claim that he never technically resigned before being replaced.
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October 28, 2024
Ex-Fox Rothschild Clients Push To Revive Malpractice Suit
Two former clients of Fox Rothschild LLP asked a New Jersey federal judge to reject the firm's bid to dismiss a third amended complaint alleging attorneys deceived them into opening credit cards and engaging in a fake marriage under the guise of trying to secure a U.S. visa.
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October 28, 2024
Pennsylvania Judge Yanks Delaware River Port Approvals
A Pennsylvania federal judge ruled Monday that the U.S. Army Corps of Engineers "arbitrarily and capriciously departed from its own procedures" in authorizing plans for a new port on the Delaware River in Delaware, downriver from Philadelphia, ordering the agency to conduct a closer review of the project.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
NJ Diocese Gets Insurer's Abuse Coverage Suit Tossed
A New Jersey federal court tossed an insurer's suit seeking to escape coverage for more than 200 sexual abuse lawsuits brought against the Catholic Diocese of Trenton, saying Monday the suit "relies on a strictly hypothetical controversy that may never occur."
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October 28, 2024
Hotel Guests Ask 3rd Circ. To Look At Algorithm Price-Fix Suit
Three Atlantic City guests are taking their beef with hotel-casinos to the Third Circuit after a New Jersey federal court threw out their lawsuit that accused hotel owners in the town of using an algorithm to inflate the price of rooms.
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October 28, 2024
Attorney Says NJ Red Flag Law Violates 2nd Amendment
An attorney who had his firearms seized after flashing a handgun during a road rage incident alleged in New Jersey federal court that a state red flag law violates the Second Amendment, arguing it is another way for the state to suppress the right to carry handguns in public.
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October 28, 2024
NJ Senate Confirms 5 New Judges, Reappoints 12 With Tenure
New Jersey gained five new Superior Court judges on Monday when the state Senate confirmed a Day Pitney LLP commercial litigator and a Camden County criminal defense attorney for the bench, as well as three Union County nominees approved in committee last week.
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October 28, 2024
NJ Gov.'s Chief Counsel Departing For Lowenstein Sandler
Parimal Garg, New Jersey Gov. Phil Murphy's chief counsel and the longest-serving attorney in that role in state history, is leaving the governor's office to work at Lowenstein Sandler LLP in white collar and business litigation, according to an announcement on Monday.
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October 28, 2024
NJ Suspends Ex-Carter Ledyard Partner After NY Disbarment
The New Jersey Supreme Court has ordered the indefinite suspension of a former Carter Ledyard & Milburn LLP partner, two years after a New York state appeals court disbarred the lawyer for ignoring subpoenas and failing to cooperate in a fee investigation.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight
A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."
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October 25, 2024
NJ Ethics Board Faces Contempt Bid In Retaliation Fight
Counsel for a New Jersey health official who claimed his firing during the COVID-19 pandemic was retaliatory asked a court to hold the State Ethics Commission in contempt for stalling discovery under the guise that the state health regulator initiated the termination, despite "well documented" evidence that it was the commission and Gov. Phil Murphy.
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October 25, 2024
Green Group Blames NJ For Decline In Sturgeon Population
The state of New Jersey isn't doing enough to prevent the accidental catching of endangered fish, activists said in a lawsuit accusing the state's Department of Environmental Protection of violating the Endangered Species Act.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
Va. Man Gets 7½ Years For $15M Gov't Contract Investor Scam
A Virginia man was sentenced Friday to over seven years in prison for defrauding dozens of investors out of $15 million by misleading them into believing that his company had millions of dollars in contracts with federal and state government agencies.
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October 25, 2024
'NJWeedman' Claims Harassment For Using 'Batman' Signal
A New Jersey cannabis advocate known as "NJWeedman" has launched a federal lawsuit against the mayor of Trenton, accusing him of unlawful retaliation after he projected a "Batman-like signal image" criticizing the municipal government on the side of City Hall.
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October 25, 2024
Milber Makris Expands Trial Capabilities With 15 Attys In NY
Milber Makris Plousadis & Seiden LLP, a full-service civil litigation defense firm for the insurance industry, has expanded its litigation and trial capabilities with the addition of 15 attorneys from Zaklukiewicz Puzo & Morrissey LLP and Gartner & Bloom PC in New York.
Expert Analysis
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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.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.