New Jersey

  • December 18, 2014

    NJ Legislature Advances Water Privatization Bill

    The New Jersey Legislature on Thursday advanced legislation to allow municipalities to sell distressed water supply and wastewater treatment facilities to private entities without voter approval, a bill critics say would lead to higher costs for water of lower quality.

  • December 18, 2014

    NJ Assembly Seeks Fed. Aid For Displaced Casino Workers

    The New Jersey General Assembly on Thursday approved a resolution to lobby the federal government for a grant to assist former Atlantic City casino workers displaced by the closure of casinos, money that would be used to offer workforce education and training.

  • December 18, 2014

    Hellmann's Maker Drops False Ad Claims Over 'Just Mayo'

    Unilever, the maker of Best Foods and Hellmann’s mayonnaise, dropped its false advertising suit on Thursday against startup Hampton Creek Inc. over its vegan spread “Just Mayo,” the same day the plant-based mayo substitute maker announced it raised $90 million in venture funding.

  • December 18, 2014

    3rd Circ. Affirms Life Term For NJ Atty In Witness Murder Plot

    The Third Circuit on Thursday affirmed the conviction and life sentence of a former New Jersey criminal defense attorney convicted of using his law practice as a racketeering enterprise through which he plotted murder and facilitated drug trafficking and prostitution.

  • December 18, 2014

    Ex-NJ Construction Exec Gets Probation In Bid-Rigging

    A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.

  • December 18, 2014

    Amid Union Fight, Icahn Pledges $20M To Save Taj Mahal

    Trump Entertainment Resorts Inc. senior creditor Carl Icahn said Thursday that he would put in $20 million of additional financing to keep the company’s only remaining casino operating, the same day the union representing Taj Mahal workers claimed he backed out of a more comprehensive deal to save it from closing.

  • December 18, 2014

    NJ Wind Farm Exec Hopeful Court Will Revive Project

    The general counsel for Fishermen's Energy LLC, which is challenging the rejection of its application for New Jersey's first offshore wind farm, expressed optimism Thursday that it will be able to show that the denial was unreasonable and ran afoul of state law.

  • December 18, 2014

    Merck Will Drop Up To $375M On Cancer Treatment Co.

    New Jersey-based Merck & Co. Inc. has scooped a research company developing a drug to treat blood-based cancers for a potential sale price of $375 million, according to a statement released Thursday.

  • December 18, 2014

    NJ High Court Concurs With Pa. In Suspending Disgraced Atty

    The Supreme Court of New Jersey on Thursday issued a 30-month suspension to a former attorney of Pennsylvania firm Bochetto & Lentz who was dismissed for theft, choosing to impose the same discipline as Pennsylvania rather than disbarring him.

  • December 17, 2014

    3rd Circ. Greenlights Sanctions Bid In Veggie Contract Row

    A Third Circuit panel on Wednesday freed frozen vegetable company Unilink LLC officers from liability to supplier Food Team International Ltd. after Unilink canceled a broccoli contract, but the court said the company and its attorney could potentially be sanctioned for failing to disclose its insurance policy.

  • December 17, 2014

    3rd Circ. Won't Undo Injunction On Euro-Pro Steam Claims

    The Third Circuit on Wednesday affirmed a preliminary injunction issued to steam iron manufacturer Groupe SEB USA in a suit over a competitor’s advertising claims, finding that Euro-Pro’s packaging unambiguously and falsely told consumers that its Shark steam irons had more powerful steam than SEB’s Rowenta irons.

  • December 17, 2014

    Watson Beats Auxilium's Testim Patent Suit In Court Trial

    A New Jersey federal judge on Tuesday invalidated a patent related to Auxilium Pharmaceuticals Inc.'s Testim testosterone gel for men, saying that the patent fails for obviousness, derivation and improper inventorship, following a bench trial over Watson Laboratories Inc.'s attempt to create a generic version.

  • December 17, 2014

    NJ Lawmaker Wants Atlantic City Casino Tax Plan Scrapped

    A new plan announced on Wednesday by New Jersey Assemblyman Chris Brown, R-Atlantic, to freeze Atlantic City taxes on all taxable property for five years would eliminate a recently proposed plan by Senate President Stephen M. Sweeney, D-Gloucester, to help the city’s eight casinos.

  • December 17, 2014

    CareOne Can See Law Students' Documents In Union Row

    A New Jersey federal judge partially upheld subpoenas issued by CareOne Management LLC seeking information from two New York University law students in the company's racketeering suit against unions affiliated with its workforce, but denied a bid for sanctions in the acrimonious litigation.

  • December 17, 2014

    BofA Can't Quash IT Workers' Overtime Class Action

    A New Jersey federal judge Tuesday dismissed some claims in a putative class action accusing Bank of America NA of depriving information technology workers of payable hourly wages for overtime for the past six years, but said plaintiffs had standing to file suit for Fair Labor Standard Act violations.

  • December 17, 2014

    Whole Foods, Others Sued Over Fresh-Made Bread Claims

    Whole Foods Inc., Wegmans Food Markets Inc. and Acme Markets Inc. were slapped Tuesday with separate class actions in New Jersey that allege the three supermarket chains violate the state's consumer fraud law by falsely marketing their breads as freshly made and made in-store.

  • December 16, 2014

    3rd Circ. Upholds IRS Win In Fight Over Offshore Cos.

    The Third Circuit on Tuesday ruled that the Internal Revenue Service could require three stockholding companies to pay the full tax burden for a tech company transaction despite transfers of interest to offshore entities, rejecting an argument that the district court had wrongly admitted evidence protected by attorney-client privilege.

  • December 16, 2014

    Judge Trims Nissan Defective Transmission Row

    A New Jersey federal judge on Tuesday let Nissan North America Inc. off the hook for claims brought by one of the lead plaintiffs in a putative class action accusing the automaker of concealing defective transmissions, saying “no reasonable juror” would find the plaintiff experienced issues during the warranty period.

  • December 16, 2014

    Ex-Bond Trader Gets 2.5 Years For $9M Manipulation Scheme

    A former mortgage bond trader was sentenced in New Jersey federal court Tuesday to two-and-a-half years in prison for a price-manipulation scheme that saddled a Bank of New York Mellon unit with more than $9 million in losses.

  • December 16, 2014

    NJ High Court Won't Toss Fox Rothschild Malpractice Suit

    The New Jersey Supreme Court said Tuesday they won't second-guess the revival of a businessman's malpractice suit claiming Fox Rothschild LLP cost him additional compensation when Marsh & McLennan Agency LLC bought his employer, which had previously acquired his insurance brokerage business.

Expert Analysis

  • OPINION: Grinchy Hackers Haven’t Ruined Christmas

    William J. Pinilis

    As long as consumers are reasonably diligent in monitoring for fraud, the Electronic Funds Transfer Act will provide them pretty robust protections. From that perspective, it’s easy to cast the law as pro-consumer and anti-business. But that assessment couldn’t be further from accurate. The value of the law isn’t in its parsing of liability — it’s in its ability to boost consumer confidence, says William Pinilis, a partner with Pin... (continued)

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • Annual Bankruptcy And Restructuring Roundup

    David N. Griffiths

    Despite the relative paucity of mega cases, 2014 was not a year to forget. With every passing month, new and interesting special situations arose. In case you missed them, here’s a look back at the bankruptcy and restructuring highlights of the year, as well as a look ahead to 2015, say David Griffiths and Doron Kenter of Weil Gotshal & Manges LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • How Borrower Got 'Free House' In NJ Bankruptcy Case

    Donna Bates

    A New Jersey bankruptcy court recently held that a mortgagee and mortgage servicer were time-barred under New Jersey state law from enforcing either the note or the accelerated mortgage against the debtor. This decision is particularly relevant considering that New Jersey’s foreclosure practice has undergone recent developments that have contributed to significant delays in foreclosure filings, say Daniel Cozzi and Donna Bates of Blank Rome LLP.

  • Time To Reassess Those Arbitration-Only Provisions

    Thomas Daniel McCloskey

    A New Jersey Superior Court ruling in DiSpenziere v. Kushner Cos., where a builder-developer’s arbitration-only provision was deemed unenforceable, will likely be applied in assessing or challenging the enforceability of arbitration-only alternate dispute resolution provisions contained in any type of commercial contract. Transactional attorneys are well-advised to take heed, says Thomas Daniel McCloskey of Fox Rothschild LLP.

  • NJ Courts Hand Financial Cos. 2 Bonuses In 2014

    Nicholas Gaunce

    New Jersey courts in 2014 have placed financial institutions on stronger footing in two key ways: they can expedite their right to obtain a judgment in a collection action by merely presenting electronic account statements, and they may actually be able to challenge a debtor’s right to file for bankruptcy protection when the matter at issue is really a two-party dispute, says Nicholas Gaunce of Eckert Seamans Cherin & Mellott LLC.

  • Tips For Managing E-Discovery In State Courts

    Ethan Hastert

    The Federal Rules of Civil Procedure were amended in 2006 to provide a uniform set of rules across the federal courts to govern the preservation, collection and production of electronically stored information, and most companies that regularly litigate complex disputes are familiar with them. At the state level, however, counsel must navigate an often unfamiliar and disparate legal landscape, say Ethan Hastert and Corwin Carr of Mayer Brown LLP.

  • May State And Local Gov'ts Control Low-Flying Drones?

    William O’Connor

    While most of the attention paid to drones has focused on issues of Federal Aviation Administration authority, state and local governments are increasingly asserting regulatory authority over drones and citing the need to protect the health and safety, including privacy, of residents. Do they have this authority? This question will only become more critical, say attorneys with Morrison & Foerster LLP.

  • And Now A Word From The Panel: End Of An Era

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Charleston, South Carolina, for its Dec. 4 hearing, let's take a moment to acknowledge a changing of the guard as Judge John Heyburn II, panel chairman for the past seven years, passes the torch. The panel also welcomes its newest member, from the Eastern District of Missouri, says Alan Rothman of Kaye Scholer LLP.