New Jersey

  • October 04, 2024

    Real Estate Recap: Climate Risk, Cooling Mandates, Reuse

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.

  • October 04, 2024

    Pool Equipment-Maker Sinks Shareholder Suit, For Now

    A New Jersey federal judge Wednesday dismissed a proposed investor class action against pool supply company Hayward Holdings Inc. over claims that the company concealed it was struggling with ballooning inventory and lowered demand, saying the investors do not sufficiently explain why the alleged misstatements cited in the complaint are actionable.

  • October 04, 2024

    NJ Diner Says It's No Longer Using Civil Rights Activist's Name

    The owners of a New Jersey diner being sued for using the former operator and civil rights activist's name in their branding has asked a New Jersey federal judge to toss a bid seeking to stop it from using the eponymous "Mr. G's" name, arguing the request is moot because they have closed the restaurant and have no plans to reopen.

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    Holtec Sues Former GC Over Alleged Embezzlement Scheme

    Energy technology company Holtec International has launched a New Jersey state lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme to dupe the company into paying more than $700,000 to an entity they owned.

  • October 04, 2024

    NJ Court Removes Judge Who Admitted Sex Harassment

    The New Jersey Supreme Court has removed a municipal judge and barred him from holding judicial office in the state again after accusations that he sexually harassed female court staff members after becoming drunk at an office party.

  • October 03, 2024

    Fifth Third Bank Solar Panel Loan MDL Centralized In Minn.

    A collection of proposed class actions accusing Fifth Third Bank NA of hiding loan costs from customers will be consolidated in Minnesota, the Judicial Panel on Multidistrict Litigation ruled Thursday, noting that the judge assigned hasn't presided over an MDL yet.

  • October 03, 2024

    Del. Vice Chancellor Slams Fee Terms In Advancement Case

    A Delaware vice chancellor balked Thursday at "success fee" terms in a fee advancement case that she suggested made the clients a "human shield" in litigation over attorney expenses in connection with a New Jersey legal malpractice case.

  • October 03, 2024

    3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row

    An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.

  • October 03, 2024

    3rd Circ. Backs Added Payout For Late Royal Bank CEO

    The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."

  • October 03, 2024

    NYPD, Eric Adams Sued Over Shooting By Off-Duty Cop In NJ

    Embattled New York City Mayor Eric Adams and his police force were hit with a $300 million lawsuit by a New Jersey man who was left with quadriplegia after he was shot in the head by an off-duty cop with a known drinking problem, which the plaintiff casts as a symptom of the department's "accepted alcohol culture."

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Startup Undercuts Its Case In Trade Secrets Brief, AIG Says

    A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.

  • October 03, 2024

    3rd County Settles Over Use Of NJ's 'County Line' Ballot

    New Jersey's Warren County has agreed to stop using the Garden State's long-standing "county line" ballot design in primary elections, according to a Thursday order, making it the third county in the state to settle with Rep. Andy Kim and two Democratic congressional candidates in their suit challenging the controversial ballot design.

  • October 03, 2024

    NJ Contractors Accused Of $10M Fraud In Lead Removal Work

    A New Jersey construction company billed the city of Newark $10.2 million for replacing 1,500 lead water service lines but never did the work, instead concocting false evidence to show new copper pipes had been installed, federal authorities said Thursday in announcing the arrests of the chief executive and a foreperson.

  • October 03, 2024

    Ex-Manager Agrees To Protect Security Co.'s $85M Biz Book

    A Connecticut federal judge has rubber-stamped a promise by the American arm of international security firm Prosegur to wipe information from its computers allegedly uploaded by a newly hired senior vice president the company poached from a rival, including a book said to detail $85 million in competing business.

  • October 03, 2024

    NJ Mogul's Brother Says Lawyering Isn't Racketeering

    Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.

  • October 03, 2024

    Sham Law Firm Employee Gets 5 Years For Foreclosure Fraud

    A Virginia man was sentenced to five years in prison and hit with a $159,000 fine for what a D.C. federal judge called Thursday the "horrendous" crime of using a Manassas law firm to defraud homeowners facing foreclosure.

  • October 03, 2024

    NJ Panel Opens Door To Remote Testimony In Criminal Cases

    Trial courts have the authority to hear requests for experts to testify remotely in criminal trials without the state's permission, a New Jersey state appellate panel found in a precedential ruling on Thursday, saying court rules and precedent that seemed at odds could be interpreted harmoniously.

  • October 03, 2024

    Loan Servicer Settles With Mass. AG Over 'Zombie' Mortgages

    A mortgage servicing company has agreed to walk away from approximately $10 million worth of "zombie" mortgages in Massachusetts and pay $300,000 to resolve allegations that it violated multiple consumer protection laws, the state's attorney general said Thursday.

  • October 02, 2024

    Cannabis Co. Worker Seeks To Decertify Union In NJ

    A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.

  • October 02, 2024

    NY Judge Not Confused By Irish Butter Packaging

    The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight

    The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.

  • October 02, 2024

    Ranking House Dems Urge Swift DEA Action On Pot Reform

    A pair of House Democratic committee ranking members have urged the Drug Enforcement Administration to act quickly to loosen federal restrictions on marijuana and suggested that federal agencies should consider descheduling the drug altogether.

Expert Analysis

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

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    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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