New Jersey

  • February 5, 2016

    Supernus Gets Partial Win In Drug Patent Row With Actavis

    Supernus Pharmaceuticals Inc. won a partial victory Friday in its bid to stop Actavis Inc. from bringing a generic version of the epilepsy drug Oxtellar XR to market when a New Jersey federal judge ruled the planned generic would infringe two Supernus patents.

  • February 5, 2016

    NJ Acting AG To Become Rutgers General Counsel

    New Jersey's acting attorney general is departing to become general counsel at Rutgers University, leaving open the question of whether his eventual replacement as the state's top law enforcement official will also have the title of “acting” or receive the security of formal confirmation by the state Senate.

  • February 5, 2016

    3rd Circ. Says No Rehearing Or Fees In Thalidomide Suit

    The Third Circuit on Friday refused to reconsider its decision ending the last of Hagens Berman Sobol Shapiro LLP's suits against GlaxoSmithKline LLC on behalf of patients with thalidomide-related birth defects, but also rejected the pharmaceutical company's attempt to dump its attorneys' fees on the firm.

  • February 5, 2016

    Ex-NFL Player Burress Ordered To Pay $56K In Tax Case

    Former NFL wide receiver Plaxico Burress was sentenced in New Jersey Superior court Friday to five years probation and ordered to pay $56,000 plus fines for dodging state income taxes in 2013.

  • February 5, 2016

    NJ High Court Won't Hear Bishop Rosen's Arbitration Row

    The New Jersey Supreme Court has declined to disturb rulings that Bishop Rosen & Co. Inc. can’t compel arbitration in the lawsuit one of its former stockbrokers filed over the financial burden from a client dispute because language in industry documents is too vague.

  • February 5, 2016

    NJ Latest To Sue VW Over ‘Massive’ Emissions Fraud

    The state of New Jersey on Friday launched a suit against Volkswagen AG and its subsidiaries Audi and Porsche for carrying out a “massive fraud” against consumers by using software in millions of diesel vehicles to cheat federal emissions tests, allowing it to increase sales by falsely touting environmentally friendly cars.

  • February 5, 2016

    Atlantic City Ordered To Pay $62.5M Casino Tax Refund

    A New Jersey judge on Friday ordered Atlantic City pay the overdue $62.5 million tax refund it owes to Borgata Hotel and Casino Tuesday, but gave the cash-strapped municipality a 45-day window so a new plan for the state's financial intervention has time to unfold.

  • February 5, 2016

    Gibson Dunn To Face Subpoena In NJ Bridge Case

    A judge on Friday gave former New Jersey officials facing charges over the September 2013 closure of George Washington Bridge access lanes the green light to subpoena Gibson Dunn for more records from Gov. Chris Christie's office, allowing defense counsel to test their contention that the firm improperly withheld relevant documents.

  • February 4, 2016

    NJ Panel Advances Pipeline Leak Penalties Bill

    A New Jersey Assembly committee signed off on a bill Thursday that would slap utilities with substantial penalties if they fail to fix or replace pipelines leaking natural gas within a period to be set by the state Department of Environmental Protection.

  • February 4, 2016

    Northern NJ Apt. Community Sold For $183M

    An apartment community with 1,224 units in Flanders, New Jersey, has been sold to an undisclosed buyer at a price of $183.37 million, the company that marketed it said on Thursday.

  • February 4, 2016

    Water Treatment Chemical Antitrust Suits Land In NJ

    Nineteen suits over an alleged price-fixing and bid-rigging scheme for a water-treatment chemical used by municipalities and paper companies were consolidated Thursday in New Jersey federal court, where a related criminal action against the former executive of a chemicals manufacturer is pending.

  • February 4, 2016

    Arbitration Bid In Ladenburg Fraud Suit Struck Down, Not Out

    The New Jersey Appellate Division on Thursday refused to send a couple’s breach of contract and fraud suit against Ladenburg Thalmann & Co. Inc. to arbitration but broke from the opinion of a lower court and left the door open for the investment company to take the dispute out of court.

  • February 4, 2016

    NJ Senate Panel Advances Equal Pay Legislation

    A New Jersey bill that would close the pay gap between men and women advanced out of the state Senate Labor Committee, nearly one week after its unveiling commemorated the federal Lilly Ledbetter Fair Pay Act. 

  • February 4, 2016

    NJ Wind Farm Proposal Back To Senate After Pocket Veto

    New Jersey legislation that would revive an embattled offshore wind farm project, but was struck down by Gov. Chris Christie, started another course through the Legislature on Thursday when the Senate Environment and Energy Committee released it following testimony by clean energy advocates.

  • February 3, 2016

    Gibson Dunn Accused Of Withholding Bridge Scandal Docs

    Gibson Dunn, the firm New Jersey Gov. Chris Christie hired to investigate the George Washington Bridge lane-closing scandal, was accused Wednesday of withholding key documents in a related federal criminal case against a former ally of the governor.

  • February 3, 2016

    NJ Cardiologist Indicted For Double-Billing Insurers

    A New Jersey cardiologist has been indicted for allegedly double-billing major insurance companies for medical services he provided through health care businesses he owned in Paramus, offenses that could land him a life sentence and more $1.6 million in fines.

  • February 3, 2016

    NJ Lawmakers Are Latest Pols Seeking $15 Minimum Wage

    Two New Jersey lawmakers want to raise the state’s minimum wage from $8.38 an hour to $15, announcing on Wednesday what will be the latest in a slew of proposed laws aiming to improve pay in the Garden State.

  • February 3, 2016

    Landlords Not Root Of Rent Control Reforms, NJ Panel Says

    An appeals court backed the denial of counsel fees to a class of Hoboken, New Jersey, property owners contending it was their lawsuit that forced rent control reforms in the city, finding Wednesday that various factors were behind the changes.

  • February 3, 2016

    Atty Can't Keep Malicious Prosecution Suit In Federal Court

    A New Jersey federal judge denied a Weir & Partners LLC attorney’s bid to keep a malicious prosecution suit filed against him and others in federal court, ruling that the court lacked authority over the matter, which arose out of a dispute among neighbors.

  • February 3, 2016

    NJ Landfill Operator Lied About Solar Farm, Indictment Says

    The head of a New Jersey landfill operator was indicted Tuesday on charges he lied to the state Department of Environmental Protection and a landowner about plans to develop a landfill site into a solar farm, leaving nearby residents stuck with a noxious gas.

Expert Analysis

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • What The Court Got Wrong About Hatch-Waxman In Alcon

    Brian D. Coggio

    The New Jersey federal court's recent decision in Alcon v. Akorn disregards the very purpose of the 30-month stay of U.S. Food and Drug Administration approval as apparent from the legislative history of the Hatch-Waxman Act, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • Fixing US Infrastructure: New Model P3 Law A Good Start

    Stacia A. Wells

    The United States is facing an infrastructure crisis, and our needs are far greater than the government can provide on its own. Reducing the political risks associated with public-private partnerships by enacting legislation to bring transparency and predictability to the forefront of the process is an important step toward fixing America's crumbling infrastructure, say Stacia Wells and Robert Siegel at Bilzin Sumberg Baena & Axelrod LLP.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.

  • And Now A Word From The Panel: 2015 JPML Practice Trends

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    As with the recently created NFL “Sunday Ticket” MDL, with many overlapping putative class actions pending in different jurisdictions, the question regarding fantasy football will likely not be whether to create an MDL, but rather where the MDL will be located. Kaye Scholer's Alan Rothman discusses this and other issues in his broader look at recent trends at the Judicial Panel on Multidistrict Litigation.

  • Trump Ruling Strengthens Employers' Hand In Bankruptcy

    Mark A. Salzberg

    By including expired collective bargaining agreements within the scope of Bankruptcy Code Section 1113 in the Chapter 11 case of Trump Entertainment, the Third Circuit has enabled debtor-employers to reject such agreements and thereby avoid having to continue to comply with their terms and conditions, says Mark Salzberg of Squire Patton Boggs LLP.

  • 3 Traits Of Best-In-Class General Counsel

    Cynthia Dow

    New research paints an interesting picture of the attributes that facilitate the success of best-in-class general counsel. For one, best-in-class general counsel are 36 percent more likely to cut through bureaucracy. This is an astounding finding given that GCs are generally seen as the greatest champions of rules and regulations, say Cynthia Dow and Melissa Swift of Russell Reynolds Associates.

  • The Future Of Privatized Passenger Rail In The US

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    Since 1971, intercity passenger rail service in the United States has been limited to that provided by Amtrak, but the Passenger Rail Reform and Investment Act of 2015 could open the door to private operators and a future intercity passenger rail map that will be a mixture of Amtrak, public agencies and independent operators, says John Heffner at Strasburger & Price LLP.

  • 'Old School' Tools May Hinder Attorney Collaboration

    Clare Foley

    Collaboration is both commonplace and highly valued among legal professionals, yet the tools and methods that teams use to perform case analysis and deposition preparation can be frustratingly primitive. That’s one of the key findings of a recent litigation practices survey of 650 U.S. legal professionals, according to Clare Foley of Opus 2 International Inc.