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New Jersey
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December 20, 2024
NJ Bar's Diversity Plan Isn't Biased, Panel Says
A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.
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December 20, 2024
NJ Atty Says RICO Case Only Alleges He Acted As Lawyer
New Jersey attorney William Tambussi has slammed the Garden State's response to his bid to toss charges against him in the state's sweeping indictment against power broker George E. Norcross III, claiming it does not show how his routine legal work constitutes a crime.
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December 20, 2024
Honeywell Escapes Ex-Employee's 401(k) Forfeiture Suit
Honeywell International defeated a proposed class action alleging it violated federal benefits law when it used ex-employees' forfeited 401(k) funds to offset its retirement plan contributions rather than cover administrative expenses, with a New Jersey federal judge finding the company's actions complied with the plan's terms.
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December 20, 2024
Top NJ Cases Of 2024: COVID Test Kits And Political Favors
After failed attempts in previous years, 2024 was the year prosecutors secured convictions in separate cases against a longtime New Jersey senator and a healthcare software executive. In another closely watched white collar matter, a Garden State law firm executive met his fate for stealing from his employer.
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December 19, 2024
New Jersey AG Can Run Paterson Police Dept. During Appeal
The day after a New Jersey appellate panel ruled that state Attorney General Matthew J. Platkin's takeover of a Garden State police department was unlawful, state Supreme Court Chief Justice Stuart J. Rabner granted the prosecutor's bid to stay the decision temporarily and directed the parties to file briefs.
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December 19, 2024
Foley Adds Tech, Life Sciences Partner From IP Boutique
Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.
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December 19, 2024
Father-Son Duo Admit To $100M Fraud Targeting NJ Deli
A father and son pled guilty Thursday to their roles in a stock manipulation scheme that duped the trading public into thinking a small, unprofitable New Jersey deli was worth $100 million, New Jersey federal prosecutors said.
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December 19, 2024
3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum
The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.
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December 19, 2024
NJ Unclaimed Property Law Targeted In Class Claims
A Chilean citizen on Thursday filed proposed class claims challenging the constitutionality of New Jersey's unclaimed property law, alleging that the state often auctions or sells off abandoned real estate without any prior notice to owners — which purportedly include pop superstar Taylor Swift — and keeps the proceeds for its own use.
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December 19, 2024
3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit
The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."
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December 19, 2024
Labcorp Settles Competition Suit Against Ex-Sales Exec
Less than two weeks after Laboratory Corp. of America Holdings sued its former sales marketing executive and his new employer in North Carolina federal court for allegedly violating noncompete and nonsolicitation agreements, a deal has been reached to end the lawsuit.
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December 19, 2024
Bain Capital Wants Out Of Bias Claims From Attorney
Bain Capital has asked a New Jersey state court to toss discrimination claims brought by a former in-house attorney for a chemicals company it had acquired, alleging she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.
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December 19, 2024
New Jersey Power Broker Says RICO Case Isn't Fit For Jury
Defendants dubbed the "Norcross Enterprise" are fighting back against New Jersey Attorney General Matthew Platkin's assertion that their bid to toss a criminal indictment accusing them of engaging in a sprawling racketeering scheme is out of place, claiming the state misunderstands the roles of judge and jury.
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December 18, 2024
Feds Get Judge's OK On $150M Lower Passaic Pollution Deal
A New Jersey federal judge Wednesday signed off on the federal government's $150 million consent decree with 82 companies that share some responsibility for the Garden State's Lower Passaic River pollution, calling the agreement "an important next step" in holding the companies accountable and furthering cleanup efforts.
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December 18, 2024
ITC Nominees Pressed On Tariffs And China
A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.
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December 18, 2024
J&J Unit Beats Schizophrenia Drug IP Challenge On Remand
Teva Pharmaceuticals USA Inc. has failed to invalidate claims in a patent for a Johnson & Johnson unit's blockbuster schizophrenia medicine, according to a New Jersey federal judge who rejected the generic-drug maker's assertions that the formula was obvious.
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December 18, 2024
NJ Court Orders AG To Give Up Control Of Paterson Police Dept.
New Jersey Attorney General Matthew J. Platkin exceeded his authority last year when he took over police department operations in the city of Paterson and reassigned the police chief to a training post outside the city, a state appellate court ruled Wednesday.
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December 18, 2024
NHL Arena, Ex-Worker Get OK For Retaliation Suit Deal
A New Jersey federal judge approved Wednesday a deal resolving retaliation and harassment claims from a former line cook at the New Jersey Devils' arena.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
Insurers Must Participate In Trafficking Suit Talks, Hotel Says
A Ramada Inn franchise operator accused of enabling and profiting from sex trafficking said its insurers should be required to participate in settlement talks to resolve a suit brought by a trafficking victim, telling a New Jersey federal court the discussions will not be successful otherwise.
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December 18, 2024
Lowenstein Sandler Dispensary Fee Suit Must Fail, Court Told
Lowenstein Sandler LLP sunk its own $766,000 breach of contract and unjust enrichment suit by failing to give proper notice prior to filing, a New Jersey cannabis dispensary told the state court, hitting back against the firm's claims that its complaint is a continuation of an "ancillary legal action" — a bankruptcy proceeding.
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December 18, 2024
Greenberg Traurig Faces DQ Bid In NJ Cosmetics Spat
A New Jersey cosmetics company suing a former investor alleging breach of contract has asked a federal court to disqualify Greenberg Traurig LLP as defense counsel, telling the court that it previously consulted with the firm about suing the investor and gave away its "playbook" for the litigation.
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December 17, 2024
Monsanto Beats Appeal In NJ Pollution Suit Defense Bid
A New Jersey state court judge correctly dismissed a company's complaint seeking Bayer AG's Monsanto's help covering environmental enforcement claims for polychlorinated biphenyls, or PCB, contamination after the case's original judge retired, the state appeals court ruled Tuesday.
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December 17, 2024
AGs Can File Opposition To Clearview AI BIPA Deal
An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.
Expert Analysis
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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The Shifting Landscape Of Physician Disciplinary Proceedings
Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.