New Jersey

  • March 19, 2024

    SEC's Naked Short-Selling Suit Against NJ Firm To Continue

    A New Jersey federal judge has ruled the U.S. Securities and Exchange Commission can largely proceed with its case against a trader and his firm accused of reaping $2 million from an illegal short-selling scheme, but said it cannot seek civil penalties for alleged trading that occurred in three securities.

  • March 19, 2024

    NBA Fraudster Dodges Prison After Cooperation, Testimony

    A former NBA shooting guard avoided prison Tuesday for participating in a $5 million retiree healthcare fraud scheme after Manhattan federal prosecutors lauded his assistance and testimony at a trial this past fall.

  • March 19, 2024

    Skin Care Drug Co. Can Ask Creditors To OK Ch. 11 Plan

    A Delaware bankruptcy judge said Tuesday she will give a debtor formerly known as Timber Pharmaceuticals Inc. permission to send its Chapter 11 plan out for a vote by the dermatology drug developer's creditors, after counsel for the company explained it had expanded the creditors' ability to opt out of the plan's claim releases.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    NJ Family Atty Suspended For Sexual Relationship With Client

    The New Jersey Supreme Court has handed down a one-year suspension to a divorce attorney for having a sexual affair with a client while representing her in a divorce case and manipulating her despite knowing that the client suffered from depression because of a previous car accident.

  • March 19, 2024

    J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer

    Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.

  • March 19, 2024

    3rd Circ. Says CFPB Can Go After Student Loan Trusts

    The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.

  • March 19, 2024

    Justices Say Courts Can Review Immigration Hardship Denial

    The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.

  • March 18, 2024

    Judge Irked, Pols Riled In 9-Hour NJ Ballot Design Fight

    A bid by New Jersey Congressional candidates to strike the state's controversial "county line" ballot design unfolded Monday during a nine-hour courtroom showdown highlighted by a judge's impatience with the proceeding's pace and his irritation with the attorney general's willingness to criticize the layout while refusing the join the case.

  • March 18, 2024

    Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ

    A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.

  • March 18, 2024

    NJ Panel Upholds Right Of Towns To Regulate Cannabis

    A New Jersey town has the right to withhold support for a cannabis retailer seeking a state license to sell marijuana, saying that the municipality has the authority to determine location and density requirements for retail businesses selling pot, a three-judge state appellate panel said in a published opinion Monday.

  • March 18, 2024

    Seton Hall Aims To Erase Ex-President's 'Sensational' Suit

    Seton Hall University has called on a New Jersey state court to throw out its former president's claims he was forced out for blowing the whistle on alleged misconduct by former board chair and prominent criminal defense attorney Kevin Marino, saying the suit is "what can best be described as gamesmanship, and at worst sheer dishonesty."

  • March 18, 2024

    NJ Vacancy Crisis Is 'Over' With 12 New Judges Confirmed

    The leader of the New Jersey Senate said Monday that the state's judicial vacancy crisis has been declared "over" after senators confirmed 12 new judges for the Superior Court and approved two sitting judges to remain on the bench, bringing the number of judicial vacancies to their lowest level in about five years.

  • March 18, 2024

    Attorney For Sen. Menendez's Wife Conflicted, Feds Say

    Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.

  • March 18, 2024

    NJ Official Says Court System Can't Avoid Harassment Suit

    A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.

  • March 15, 2024

    Man Accused Of Cyberstalking NJ Judge Seeks Release

    A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.

  • March 15, 2024

    ​​​​​​​Chiquita MDL Experts Aren't Reliable, Parties Say

    A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.

  • March 15, 2024

    DC Circ. Presses FERC On Justification For Pipeline Expansion

    A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.

  • March 15, 2024

    Military Subcontractor Says Partner Tried To Poach Work

    A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.

  • March 15, 2024

    White House Stands By 3rd Circ. Nominee Amid GOP Attacks

    White House Press Secretary Karine Jean-Pierre on Friday urged the Senate to confirm Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge, amid widespread criticism from Republicans and a report that the votes might not be there to secure confirmation.

  • March 15, 2024

    Senate Poised To Vote On Union Atty Berner For 4th Circ.

    The U.S. Senate is scheduled to vote on Tuesday night on the confirmation of Nicole Berner, general counsel of the Service Employees International Union, for the Fourth Circuit.

  • March 15, 2024

    NJ Panel Says Pro Se Attys Can Talk To Opposing Parties

    An ethics committee of the New Jersey Supreme Court has issued an opinion that pro se attorneys may talk to a party without consent of that party's counsel, calling the American Bar Association's 2022 finding that such communication breaks a rule of professional conduct a "tortured and counterintuitive construction" of the rule.

  • March 15, 2024

    $3B In Employment Tax Credits Claimed In Scheme, Feds Say

    Three New Jersey men who said they were leaders of religious and charitable organizations fraudulently claimed nearly $3 billion in employment tax credits from a federal pandemic loan program, according to a criminal complaint filed in New Jersey federal court.

  • March 15, 2024

    Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt

    The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.

  • March 14, 2024

    DraftKings Gets PTAB To Ax Claims In 5 Gaming Patents

    The Patent Trial and Appeal Board has found a host of claims across numerous peer-to-peer gaming patents weren't valid, handing a win to challenger DraftKings Inc. as part of a larger intellectual property fight.

Expert Analysis

  • Opinion

    Test Results Signal Poor Odds For Lead Cables Litigation

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    After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • 3 Quirks Of New Jersey Insurance Coverage Law

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Fintech-Bank Partnerships Hold Potential, But Tread Carefully

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    A study recently released by the Federal Reserve Board highlights the federal preemptions that financial technology lenders can take advantage of to lend profitably in certain states, though fintech-bank partnerships face some regulatory challenges as well, say attorneys at Venable.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

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