New Jersey

  • October 21, 2016

    Ex-Christie Aide Denies Ordering GWB Revenge Scheme

    A former aide to New Jersey Gov. Chris Christie on Friday denied sending an email to order the closure of lanes to the George Washington Bridge as an act of political retaliation, saying her message was meant to convey that Christie had approved what she believed to be a traffic study.

  • October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    Del. Trust Urges Justices To Join Appeal In EFH Case To Jevic

    Delaware Trust Co. has urged the U.S. Supreme Court to consider pairing its appeal from a disputed $4 billion Energy Future Holdings Co. bankruptcy refinancing deal with another closely watched case already granted certiorari and already tagged as a potential landmark for structured Chapter 11 settlements.

  • October 21, 2016

    NFL Must Tread Carefully With Giants' Brown Abuse Scandal

    The NFL is again facing questions about its discipline for domestic violence after more details emerged about the extent of New York Giants kicker Josh Brown's alleged domestic abuse, but as the league reopens its inquiry into Brown, experts said it must tread carefully to avoid another legal battle with the players union.

  • October 21, 2016

    NJ Transit Advancing Safety Mandates, Chairman Says

    NJ Transit's plans to implement mandated federal safety upgrades that drew a spotlight following a fatal commuter train crash in Hoboken last month are on track, the state's top transportation official told a joint legislative panel Friday, as lawmakers decried the absence of the agency's executive director.

  • October 21, 2016

    Ruling Against Offshore Partnerships Final, 3rd Circ. Says

    A Third Circuit panel refused Friday to upend a lower court determination refusing dismissal of an Internal Revenue Service fight with limited liability companies contesting an offshore tax burden from a $180 million technology company transaction, instead agreeing that the matter is final.

  • October 21, 2016

    Jersey City Plans New Restaurant Zone To Boost Economy

    Jersey City, New Jersey, is poised to become a dining destination due to a new zoning structure designed to boost the local economy and continue the city’s development momentum by encouraging eateries to set up shop in the Hudson County town, officials announced Friday.

  • October 21, 2016

    NJ Atty Disbarred After Prison Term For Corruption

    The New Jersey Supreme Court on Thursday disbarred an attorney who served prison time for using threats to gain ownership in a company that received government contracts as a result of the lawyer’s ties to a county improvement authority.

  • October 21, 2016

    NY Daily News Must Face Libel Suit At 3rd Circ.

    The Third Circuit refused to allow the New York Daily News a quick win on Thursday in an appeal brought by a New Jersey woman hoping to revive her defamation suit over news coverage detailing her purported involvement in an illicit drug and prostitution ring, allegations that she was later cleared of.

  • October 21, 2016

    New Jersey Angles To Become Global Dispute Resolution Hub

    New Jersey is set to enact legislation that would allow businesses to enforce settlements reached in mediation worldwide just as they would an arbitral award, a move that experts say is a nod to the increasing popularity of mediation as an alternative to costly and time-consuming international arbitration.

  • October 20, 2016

    Insurer Suit Barred After Condo Settlement, NJ Court Says

    The New Jersey Appellate Division on Thursday upheld a lower court ruling dismissing an insurance company's lawsuit against an engineering firm over damages to a condo during a renovation project, finding the complaint was filed after the homeowner had already settled related claims.

  • October 20, 2016

    Spokeo Scuttles J. Crew Credit Card Receipt Row, Judge Says

    A New Jersey federal judge on Thursday nixed a putative class action accusing J. Crew of printing too many credit card digits on customer receipts, ruling that a heightened risk of future identity theft was not enough to establish a concrete injury under the U.S. Supreme Court’s Spokeo decision.

  • October 20, 2016

    2nd Christie Ally Denies Being Told Of GWB Revenge Scheme

    New Jersey Gov. Chris Christie's former top political strategist on Thursday denied that he was told about the alleged political revenge plot behind the George Washington Bridge lane closures, representing the second Christie ally this week to contradict such claims from the government's star witness in the lane-closing trial.

  • October 20, 2016

    Ex-NJ Prosecutor Joins Epstein Becker's Health Group

    A former New Jersey federal prosecutor, who prosecuted the largest cash-for-referral bribery scheme in U.S. history, has joined Epstein Becker Green’s health care and life sciences practice as a member of the firm in New York.

  • October 20, 2016

    NJ Senate Votes To Strip Icahn Of Casino License

    The New Jersey Senate on Thursday approved a bill that would require casino owners who shutter their venues to forfeit their licenses, dealing a blow to any near-future gaming plans billionaire Carl Icahn might have for the defunct Trump Taj Mahal.

  • October 20, 2016

    FTC, Antitrust Org Ask 3rd Circ. To Rethink Doryx Decision

    The Federal Trade Commission and American Antitrust Institute on Wednesday each asked the Third Circuit to rethink its dismissal of Mylan Pharmaceuticals Inc.'s product-hopping suit against Warner Chilcott Ltd. over the acne medication Doryx, arguing the court changed the Sherman Act’s standard of harm and misinterpreted an array of precedent. 

  • October 20, 2016

    NJ Assembly Votes For Subpoena Power In NJ Transit Probe

    Garden State lawmakers on Thursday voted to grant a legislative committee subpoena power to investigate New Jersey Transit’s finances and operations, which came under scrutiny in the wake of a fatal commuter train crash last month.

  • October 20, 2016

    Hertz Wins Toss Of Rewards Program Pricing Class Action

    The Hertz Corporation on Thursday ducked a class action alleging it failed to specify if a pricing provision in its Gold Plus rewards program applies in New Jersey, with a federal judge invoking the Supreme Court's Spokeo standard by ruling the customer leading the suit failed to prove he was injured by the omission.

  • October 20, 2016

    FERC Chief Of Staff Jumps To PSEG For Regulatory Post

    Public Service Enterprise Group Inc. said Thursday it has brought on Larry Gasteiger, chief of staff for the Federal Energy Regulatory Commission, to fill a new post at the New Jersey-based energy distributor as chief of federal regulatory policy.

  • October 20, 2016

    Volvo Drivers Say 3rd Circ. Ruling Doesn't Affect Sunroof Suit

    Counsel for drivers of Volvo vehicles with allegedly defective sunroofs told a New Jersey federal judge Wednesday that a recent ruling by the Third Circuit doesn’t change the fact that they deserve class certification, blasting the company’s claims that they don’t provide a plausible damages theory.

Expert Analysis

  • Don't Forget To Consider State Privacy Laws In M&A

    Excerpt from Lexis Practice Advisor
    George H. Wang

    All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Definition Of 'Disposal' Limits CERCLA's Applicability

    Joshua L. Milrad

    In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Will Your State Be Ready When FirstNet’s Plan Arrives?

    Albert J. Catalano

    In early November, the First Responder Network Authority is expected to select a vendor to build and operate a national public safety broadband network. Any states that may want to opt out of the FirstNet plan should start considering their alternatives now, says Albert Catalano, counsel with Keller and Heckman LLP.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • 3rd Circ. Pipes Decision May Change FCA Litigation

    Douglas W. Baruch

    Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • OPINION: Employee Political Coercion Protections Are Weak

    Debra Katz

    In an election season as heated as this one, employers and employees alike may feel compelled to do whatever they can to help their candidate secure a victory in November. However, what many may be surprised to learn is that protections for employees, and restrictions on employers, are remarkably lax in this area, say Debra Katz and Matthew LaGarde of Katz Marshall & Banks LLP.

  • NJ Court: No Gross Income Tax On Pre-2009 Lottery Wins

    Michael Guerriero

    In three cases, the New Jersey Tax Court held that the state could not impose gross income tax on New Jersey lottery winnings from drawings that occurred prior to a 2009 law change. These decisions affirm the Tax Court’s willingness to apply both the square corners and the manifest injustice doctrines, say Michael Guerriero and Charles Lenore of Day Pitney LLP.

  • What Will Become Of Jersey City's Tax Abatement Law?

    Patrick J. McCarthy

    In Associated Builders and Contractors v. Jersey City, the Third Circuit recently held that a New Jersey federal court erred in dismissing a suit that challenged a city ordinance requiring the use of union labor on certain tax-abated construction projects. The decision is significant because the plaintiffs’ challenge to the ordinance requirement of the project labor agreements will be allowed to go forward, say attorneys at Day Pitney LLP.