New Jersey

  • July 31, 2014

    NJ Lawmakers Poised To Tackle Open Space Funding

    Chances for a ballot question in New Jersey this November that would ask voters to constitutionally dedicate a rising percentage of corporate business tax revenues to open space preservation remain very much alive, with lawmakers scheduling a vote on the proposal for Monday.

  • July 31, 2014

    Legal Copy Co. Says Continuant Ignored Bills After $20M Win

    Continuant Inc.’s win over Avaya Inc. in an anti-competition suit came at the expense of a New Jersey litigation copying company, according to a federal lawsuit the company filed Wednesday claiming the information technology support company stopped paying invoices and still owes hundreds of thousands under a contract.

  • July 31, 2014

    Blackstone-Backed Drug Tech Co. Raises $823M In IPO

    The Blackstone Group LP-backed drug delivery company Catalent Inc. raised $822.7 million Thursday in its public debut, pricing in the middle of its range at $20.50 per share as it joined the parade of health care companies making initial public offerings.

  • July 31, 2014

    NJ Town's Petition Refusal Was Civil Rights Breach: Court

    A municipal clerk violated New Jersey's Faulkner Act when he refused the petition of a citizens group challenging a local rent control ordinance, which amounted to the deprivation of a substantive right protected by the New Jersey Civil Rights Act, the state Supreme Court ruled Thursday.

  • July 31, 2014

    CCMP To Pay $890M For Belgian Chemical Co.'s US Biz Unit

    Belgian chemical company Solvay SA has agreed to sell its U.S. sulfuric acid production business to private equity firm CCMP Capital Advisors LLC in a $890 million deal that allows Solvay to refocus on its core businesses.

  • July 31, 2014

    PPL Unit Eyes $6B Mid-Atlantic Transmission Project

    PPL Corp. said Thursday that its Pennsylvania-based subsidiary PPL Electric Utilities Corp. is proposing a $4 billion to $6 billion regional transmission project that will improve reliability, create jobs and reduce costs for millions of electricity consumers throughout the mid-Atlantic region.

  • July 30, 2014

    $1.75M Exec Bonus Plan OK'd In Bankrupt Revel Casino Sale

    A New Jersey bankruptcy judge on Wednesday approved a plan that would give Revel AC Inc., owner of Atlantic City’s beleaguered Revel Casino Hotel, permission to dole out $1.75 million in executive bonuses in connection with the hotel's sale.

  • July 30, 2014

    NJ Accounting Firm Can't Duck Liberty's Declaratory Suit

    A New Jersey accounting firm has to face Liberty Insurance Underwriters Inc.’s declaratory suit to end its defense of the firm in professional liability litigation since a New Jersey federal judge ruled Wednesday that diversity of citizenship exists even though both companies have executives in New York.

  • July 30, 2014

    NJ May Be Ready To Roll Dice On Casino Gambling Expansion

    As pressure mounts for New Jersey to expand casino gambling beyond Atlantic City, lawmakers are considering putting the issue to voters before the end of an unofficial five-year moratorium, but questions remain about how specific the constitutional referendum should be to win the support of lawmakers and the public.

  • July 30, 2014

    Employers To Embrace Arbitration After 3rd Circ. Ruling

    The Third Circuit's ruling that courts, rather than arbitrators, should decide whether classwide arbitration is available when an agreement is silent on that point will encourage some employers that had been on the fence about arbitration to embrace it as a means to counter the surging tide of costly wage-and-hour class actions, lawyers say.

  • July 30, 2014

    Extended Medicare Bans Hint At Entrenched Fraud

    Medicare on Wednesday extended its bans on new suppliers of ambulance services or home health care in six major metropolitan areas, indicating that pervasive fraud may remain and that more criminal charges are likely as investigators continue to embrace an extraordinary fraud-prevention tool.

  • July 30, 2014

    AT&T Not Liable For Dead Telecommuter's Workers' Comp

    The Supreme Court of New Jersey on Wednesday freed AT&T from a workers’ compensation claim, ruling a widower failed to demonstrate his late wife’s fatal blood clot resulted from extended periods of sitting while working from home for the telecommunications giant.

  • July 30, 2014

    4 Chinese Solar Panel Cos. Seek Novel Ch. 15 Protection

    Four Chinese solar panel companies are seeking Chapter 15 bankruptcy protection of their U.S. assets, including approximately 275,000 photovoltaic panels, in what might be the first such filing, the debtors’ attorneys at Archer & Greiner PC announced Wednesday.

  • July 30, 2014

    Boehringer Sues Amneal To Block Generic Aggrenox

    Boehringer Ingelheim Pharmaceuticals Inc. hit Amneal Pharmaceuticals LLC with a lawsuit Wednesday in New Jersey federal court, claiming Amneal’s plan to develop a generic version of Aggrenox, a long-acting aspirin, infringes Boehringer’s patent on the drug.

  • July 30, 2014

    Class Arbitration A Question For Courts, 3rd Circ. Says

    In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings. 

  • July 29, 2014

    NJ High Court Cases Could Limit Whistleblower Protection

    New Jersey employees are protected under whistleblower laws that are among the broadest and most comprehensive in the country, but experts say that distinction could soon change depending on how the state Supreme Court decides two whistleblower cases.

  • July 29, 2014

    NTSB Faults Conrail For 2012 NJ Train Derailment

    The National Transportation Safety Board on Tuesday faulted Consolidated Rail Corp. for a 2012 derailment and chemical spill in New Jersey that has sparked numerous lawsuits and class actions, finding that train personnel weren't adequately prepared to determine whether the bridge at issue was locked and safe to cross.

  • July 29, 2014

    Ohio Woman Admits Impersonating Atty To Frame Labor Union

    An Ohio woman pled guilty to obstruction of justice in New Jersey federal court on Tuesday, admitting she had impersonated a labor lawyer and fabricated evidence to convince federal investigators that members of a labor union embezzled $30 million from a political action committee.

  • July 29, 2014

    Deutsche Bank, BofA Must Face Pa. Foreclosure Class Action

    A Third Circuit panel on Tuesday partially revived a putative class action accusing Bank of America NA and Deutsche Bank AG units of charging improper attorneys' fees in foreclosure proceedings, ruling that statutory damages were still possible even though the plaintiff hadn't paid the fees.

  • July 29, 2014

    Love Culture Calls Insider's E-Commerce Sell-Off A 'Ruse'

    Love Culture Inc. on Monday launched an adversary case in New Jersey bankruptcy court against one of its directors over what it said was a bogus $2.5 million sale of the clothing retailer's e-commerce assets to a company that he purportedly owns.

Expert Analysis

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Common-Enterprise Theory And Wyndham Data Security Case

    Archis Parasharami

    For the past two years, a federal court in New Jersey has considered important data security issues in the Federal Trade Commission v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news — and made clear that the stakes are as high as ever, say Archis Parasharami and Stephen Lilley of Mayer Brown LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.