New Jersey

  • March 2, 2015

    The Donald Thinks Trump Resorts Too Slow On Driveway Lease

    Donald J. Trump, who says bankrupt Trump Entertainment Resorts Inc. owes him thousands of dollars in rent and taxes he paid for the driveway to the now-closed Trump Plaza, said Monday he wants the debtor to stop delaying the decision on what to do with the lease.

  • March 2, 2015

    KCG Pays $13M To End Investors' Suit Over $460M 'Glitch'

    A New Jersey federal judge on Monday preliminarily approved a $13 million settlement to end investors' claims that high-frequency trading house Knight Capital Group Inc. knew its internal controls were deficient that led to its $460 million one-day trading loss in 2012.

  • March 2, 2015

    Business Groups Sue To Block Trenton Paid Sick Leave Law

    New Jersey business groups on Monday sued Trenton, New Jersey, to halt the implementation of a voter-approved law that requires city employers to provide workers with paid sick leave and contended that the court should invalidate the measure because it's preempted by state statutes and unconstitutional.

  • March 2, 2015

    NJ Court Axes Real Estate Investors' Suing Individually

    Investors in two bankrupt real estate companies failed Monday to revive claims against other developers over losses on residential and commercial projects, when a New Jersey appellate panel agreed with a lower court that the dispute involved corporate claims that the investors lacked standing to individually pursue.

  • March 2, 2015

    Janitors Denied OT, Threatened With Deportation, Suit Says

    Cleaning crews for a New Jersey janitorial service alleging they routinely worked days' worth of unpaid overtime and were threatened with deportation if they complained have hit their employer with a putative class action in New Jersey federal court alleging violations of the Fair Labor Standards Act and state labor laws.

  • March 2, 2015

    Trade Groups Urge High Court To Toss NJ Arbitration Ruling

    The U.S. Chamber of Commerce along with the Pacific Legal Foundation have urged the U.S. Supreme Court to hear U.S. Legal Services Group LP’s challenge to a New Jersey court’s decision that arbitration agreements must contain clear warnings that the parties can’t go to trial.

  • March 2, 2015

    Four Ex-NJ Governors Oppose Enviro Commission Nominee

    Four former New Jersey governors urged the state Senate on Monday to block the nomination of Gov. Chris Christie's appointee to the Pinelands Commission, the agency that oversees the state's Pinelands region, suggesting that the nominee's appointment may threaten the independence of the agency.

  • March 2, 2015

    J&J May Continue Divestiture Trend With $2B Cordis Offer

    Cardinal Health Inc. has offered to buy Johnson & Johnson's vascular technology unit for nearly $2 billion, the companies said Monday, as J&J continues its plan of divesting noncore divisions in order to better hone its focus on certain aspects of healthcare.

  • March 2, 2015

    Healthfirst Skirts NJ Hospital's $30M Medicaid Claims

    A federal judge on Friday dismissed a New Jersey hospital's suit against health care provider Healthfirst Inc. seeking $29.5 million in unpaid Medicaid claims, saying the hospital didn't exhaust available administrative remedies before suing and made common law allegations that are preempted by federal standards.

  • March 2, 2015

    NJ City Can't Shake Cop's Suit For Criminal Defense Fees

    A judge has denied summary judgment to Newark, New Jersey on a former police officer's demand for nearly $1 million in legal fees from two criminal trials over alleged official misconduct, which both ended in deadlocked juries, according to a decision posted Friday.

  • March 2, 2015

    NJ Senator Slams $250M Deal In Exxon Pollution Row

    A New Jersey state senator on Sunday slammed as “grossly inadequate” a reported $250 million settlement inked by the Christie administration and ExxonMobil Corp. over more than $8.9 billion in estimated environmental damages from two northern New Jersey refinery sites.

  • March 2, 2015

    Magnesite Buyers Say They Have Standing In Antitrust Case

    Purchasers of magnesite told a New Jersey federal judge Friday that they have standing to proceed with their long-running antitrust class action accusing China-based manufacturers of the mineral of engaging in a price-fixing cartel, fighting a bid to toss their amended complaint.

  • March 2, 2015

    PSE&G Proposes $1.6B In Upgrades To NJ Gas Infrastructure

    PSE&G, New Jersey’s largest gas and electric utility, said on Monday that it had asked state regulators for $1.6 billion in funding over five years to upgrade the company’s aging gas system infrastructure in the state.

  • February 27, 2015

    Live Nation Dodges Suit Over Springsteen Ticket Sales

    A New Jersey federal judge on Friday tossed a class action against Live Nation Entertainment filed by Bruce Springsteen ticket purchasers who allege the company withheld tickets to inflate profits, ruling nonpurchasers can't join the class but allowed the plaintiffs to resubmit a pared-down suit.

  • February 27, 2015

    FTC To Face Grilling By 3rd Circ. Over Data Security Powers

    The scope of the Federal Trade Commission's authority will take center stage at the Third Circuit on Tuesday, with questions posed by the appellate panel in advance of the arguments indicating that the regulator faces an uphill battle to fend off Wyndham Worldwide Corp.'s claims that the agency doesn't have the power to regulate companies' cybersecurity practices.

  • February 27, 2015

    Ex-NJ Power Broker Can't Kill Surprise Testimony In Trial

    Former New Jersey Democratic power broker Joseph A. Ferriero on Friday failed to nix damaging, surprise testimony in his bribery and racketeering trial from a onetime mayor who said the attorney pressured him to raise political funds as contrition for seeking a legislative seat without his permission.

  • February 27, 2015

    Prudential Reps Win Partial Cert. In Wage Suit On 2nd Try

    Current and former Prudential Financial Inc. and Prudential Insurance Co. of America financial representatives were awarded class certification in New Jersey federal court on Thursday for claims that their pay was improperly docked for work expenses, but not ones for their overtime wage claims.

  • February 27, 2015

    Real Estate Moguls On The Move

    Colliers International nabbed a high-profile veteran from rival Cushman & Wakefield Inc.'s New Jersey ranks in February, as well as a New York consultant who had sued Cushman over alleged sex discrimination. Meanwhile, California Public Employees' Retirement System and Empire State Realty Trust both shook up their real estate leadership.

  • February 27, 2015

    NJ Justices' Bad Faith Ruling Has Silver Lining For Insureds

    The New Jersey Supreme Court's recent refusal to alter the judicial standard around bad faith claims in insurance coverage disputes is favorable for insurers, but the court's request for a rules committee to consider the possible extension of a fee-shifting rule to first-party claimants could prove a boon for policyholders, attorneys say.

  • February 27, 2015

    Christie Slammed For $250M Deal In $9B Exxon Pollution Row

    Gov. Chris Christie’s administration came under fire on Friday for inking a reported $250 million settlement with ExxonMobil Corp. in a decadelong legal battle over more than $8.9 billion in estimated environmental damage from contamination at two refinery sites in northern New Jersey.

Expert Analysis

  • Sounding The D&O Liability Alarm For Health Nonprofits

    Brian T. McGovern

    A Third Circuit opinion in the case of Lemington Home for Aged provides a cautionary tale for directors and officers of not-for-profit health care organizations that they may be held to the same standards of accountability as those of for-profit, public corporations, especially when an organization is struggling financially, say Brian McGovern and Erik Graham-Smith of Cadwalader Wickersham & Taft LLP.

  • OPINION: Hurry Up And Wait For Immigration Reform

    Harlan York

    For the better part of two decades, I have been an immigration lawyer. And in that time, we have heard many politicians say many things about immigration reform. The reality is that reform is actually possible and could have support if someone would follow through, says Harlan York of Harlan York & Associates.

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Data Collection Rule Repeal Will Help NJ Businesses

    Kendall L. Houghton

    Stemming from the Third Circuit's ruling in New Jersey Retail Merchants Association v. Sidamon-Eristoff, New Jersey’s amendment to remove data collection requirements provides relief not only for stored value card issuers but for all players in the SVC industry, including retailers and restaurants, say attorneys at Alston & Bird LLP.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • US Immigration Policy: Adventures In Fantasyland

    Robert S. Groban Jr

    As Tom Friedman observed, the world is increasingly flat. Right now, we have an immigration system, largely created in 1952, that has erected barriers that prevent us from being a more effective competitor in the economic wars of the 21st century. This needs to be the focus of the great immigration debate or we run the real risk of a pyrrhic victory at the border, say experts with Epstein Becker & Green PC.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.