New Jersey

  • August 26, 2016

    AXA Investor Fees Didn't Breach Fiduciary Duty, Judge Says

    AXA Equitable Life Insurance Co. beat two consolidated class actions challenging its allegedly excessive mutual fund management fees Friday when a New Jersey federal judge found the investors’ effort to prove the board members exercised poor oversight over the fees was marred by questionable testimony.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    Ex-Worker Urges Justices To Decline Raymours Petition

    A former employee of Raymours Furniture Co. Inc. has asked the U.S. Supreme Court to cast a cold eye on the company’s petition for review of a New Jersey court’s invalidation of an arbitration clause in its handbook, saying his age discrimination suit is a “straightforward contract formation case” decided by “black letter contract law.”

  • August 26, 2016

    Pa. Fracking Hopeful Says Court Should Weigh Well Block

    A Pennsylvania landowner asked a federal court Friday not to toss its lawsuit against the Delaware River Basin Commission challenging its refusal to approve an exploratory well while a de facto fracking moratorium is in place, arguing it doesn’t have to take up its case with the commission before heading to court.

  • August 26, 2016

    NJ Property Wins $1.5M Tax Cut Under Freeze Act

    A New Jersey tax court judge has granted a real estate developer’s bid to reduce its tax assessment for a Monmouth County property by about $1.5 million, agreeing with the company that the taxes should have equaled that of a court judgment two years earlier under the Freeze Act.

  • August 26, 2016

    NJ Court Dismisses Fraud Class Action Against Verizon

    The New Jersey Appellate Division on Friday quashed a $15 million class action over state 911 phone system taxes Verizon Inc. collected from its business customers, ruling the plaintiff had to recoup his alleged overpayment from the Division of Taxation.

  • August 26, 2016

    Taxation With Representation: Ropes, Cooley, Wachtell

    In this week’s Taxation with Representation, Pfizer announces a $14 billion deal for a biotechnology company, a Canadian retail giant drops $4.4 billion on CST Brands and Berry Plastics grows its North American presence with the purchase of a smaller rival.

  • August 26, 2016

    Gilead, Emory Drop HIV Drug Generic Suit

    A New Jersey federal judge agreed Thursday to dismiss Gilead Sciences Inc. and Emory University's suit alleging Indian drugmaker Hetero Drugs Ltd. infringed four patents for HIV treatment Truvada by seeking U.S. Food and Drug Administration approval to make a generic of the drug.

  • August 26, 2016

    Dunkin' Donuts Sales Tax Fight Has Legs, NY Court Told

    Dunkin’ Donuts consumers slammed the coffee chain's bid to toss their class allegations that they were charged illegal sales taxes when buying prepackaged coffee, telling a New York federal court Thursday that it, rather than a tax court, should hear the dispute.

  • August 26, 2016

    Feds Urge 3rd Circ. To Deny Rehearing Bid In Menendez Case

    Federal prosecutors on Thursday urged the Third Circuit to reject U.S. Sen. Bob Menendez’s request for full circuit review of a decision upholding charges he unlawfully assisted a Florida eye doctor in exchange for gifts and political contributions, saying an examination into whether his alleged acts are protected from judicial scrutiny was properly done.

  • August 25, 2016

    3rd Circ. Shuts Down Class Action Over Benecard Data Breach

    Benecard Inc. beat a proposed class action accusing the company of negligence after a data breach of employees’ and customers’ personal information that hackers then used to create phony tax returns as the Third Circuit ruled Thursday that Pennsylvania’s economic loss doctrine barred the suit.

  • August 25, 2016

    NJ Agency OKs $1B Bonds For Delayed Meadowlands Project

    The New Jersey Sports and Exposition Authority on Thursday approved $1.15 billion in bonds for American Dream Meadowlands, breathing new life into the long-delayed retail and entertainment project that supporters say will pump thousands of jobs into the regional economy and critics claim will add to the area's traffic woes.

  • August 25, 2016

    Sports Merch Dealer's IP Licensing Suit Punted To State Court

    A sports memorabilia dealer embroiled in a patent ownership dispute with First Data Corp. won a double victory Thursday when a New Jersey federal judge agreed his contract claims should proceed in state court and dismissed First Data’s suit because the outcome would turn on the state case.

  • August 25, 2016

    GW Bridge Jury Should Be Wary Of Gov't Witness, Court Told

    The two former New Jersey officials about to be tried for their alleged roles in the George Washington Bridge lane closures said in court filings Wednesday that the jury should be told to carefully consider the testimony of a co-defendant likely to receive leniency for taking the stand.

  • August 25, 2016

    Steel Co. Loses $8.6M WTC Appeal Against Port Authority

    A New York appeals court Thursday sided with the Port Authority of New York and New Jersey, ruling a steel company's $8.6 million contract breach suit over extra work on the 9/11 Memorial cannot get around the one-year statute of limitations protecting the agency.

  • August 25, 2016

    NJ Atty Loses Appeal Over DQ Bid In Restaurant Dispute

    A New Jersey state appeals court on Thursday ruled that an attorney should have been disqualified from serving as a restaurant's special fiscal agent due to his ties to an accounting firm involved in underlying litigation over the business.

  • August 25, 2016

    National Freight Pays $1M In Back Pay To End OT Probe

    National Freight Inc. agreed to pay more than $1 million in back pay to 357 employees after an investigation by the U.S. Department of Labor concluded that some of them may have been misclassified as exempt from overtime pay, the agency said Thursday.

  • August 25, 2016

    John Hancock Loans $73M To Russo For NJ Apartments

    Russo Development has scored $73 million in financing from John Hancock Real Estate Finance Group for an apartment complex in New Jersey, according to an announcement Wednesday from Russo’s broker, Holliday Fenoglio Fowler LP.

  • August 25, 2016

    Port Authority Says NY Case Doesn't Impact AAA Toll Dispute

    The Port Authority of New York and New Jersey told a federal judge Thursday that a recent court ruling that the New York State Thruway Authority improperly diverted toll revenues is irrelevant to the Automobile Club of New York’s challenge to the bistate agency's 2011 plan raising bridge and tunnel fees.

  • August 25, 2016

    4 Challenges When Repurposing Office Campuses

    Developers face a host of issues when they try to convert vacant office properties to other uses amid a migration of millennials away from the suburbs, attorneys say. Law360 looks at four challenges developers face as they increasingly look to reposition their office campuses.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • Discovery Rule Resurrects Fraud Claim On NJ Property Sale

    Katharine A. Coffey

    A New Jersey state appeals court's recent decision in Catena v. Raytheon Company reinforces the equitable nature of the discovery rule applied to common law fraud claims in connection with the sale of commercial real property, and highlights the importance of proper disclosures, particularly when the property has a history of stigma, lest the seller be faced with liability, say Katharine Coffey and Christopher John Stracco at Day Pitney LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • NJ TCPA Dismissal Brings More Questions Than Answers

    Daniel S. Blynn

    In Susinno v. Work Out World, a New Jersey district court did not provide a written opinion stating what arguments formed the basis of its recent decision to grant the defendant’s motion to dismiss the putative class action alleging violations of the Telephone Consumer Protection Act, leaving industry professionals to speculate as to which of two arguments the court found convincing, say attorneys at Venable LLP.