New Jersey

  • December 2, 2016

    NJ High Court Reprimands Atty Over Pageant Queen Rep

    The New Jersey Supreme Court on Friday reprimanded an attorney for his poor representation of ex-Miss Pennsylvania Sheena Monnin in an arbitration with the Miss Universe Organization that ultimately led to a $5 million judgment against her.

  • December 2, 2016

    3rd Circ. Affirms Tossing Of ALJ's Discrimination Suit

    The Third Circuit on Thursday affirmed the dismissal of a case brought by a Social Security Administration administrative law judge against the agency's commissioner over the loss of a higher title, finding no issue with the trial court's acceptance of an argument not used in an initial dismissal bid.

  • December 2, 2016

    NJ Trio Ran Bogus Foreclosure Services Cos., State Says

    New Jersey has filed a civil lawsuit accusing three New Jersey residents of operating rogue companies that defrauded financially strapped consumers who paid them for mortgage foreclosure rescue services but never received them, state Attorney General Christopher S. Porrino announced Friday. 

  • December 2, 2016

    BMW Can't Escape Engine Defect Class Action

    A New Jersey federal judge on Thursday rejected a bid by BMW North America to escape proposed class claims that it fraudulently concealed engine defects which shortened certain vehicles’ battery life and caused increased oil consumption.

  • December 2, 2016

    Justices Will Hear Religious Hospitals' ERISA Appeal

    The U.S. Supreme Court on Friday agreed to review federal appellate court decisions that church-affiliated hospitals aren’t exempt from the Employee Retirement Income Security Act, a stance opposed by health networks in New Jersey, Illinois and California that fear the potential for dire financial impacts.

  • December 2, 2016

    NJ County Not Obligated To Take Land In Grocery Row: Judge

    A New Jersey judge on Thursday refused to force Essex County to accept ownership of a strip of land to help an embattled supermarket development move forward, ruling that a geographic boundary change in the 1950s wasn’t predicated on the county taking possession of the narrow parcel. 

  • December 2, 2016

    United Reaches $2.4M SEC Deal In Airline Bribery Scheme

    The U.S. Securities and Exchange Commission announced Friday that the parent company of United Airlines Inc. agreed to pay $2.4 million to settle charges that the airline reinstated a money-losing flight route to curry favor with a former New Jersey official looking for more convenient trips to a vacation house.

  • December 2, 2016

    NJ Judge Denies Special Prosecutor Bid In Christie GWB Case

    A New Jersey state judge on Friday rejected a bid by a local political activist to have a special prosecutor appointed to handle his criminal complaint accusing Gov. Chris Christie of official misconduct in connection with politically motivated lane closures at the George Washington Bridge.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Insurer Wins Bid To Exhaust Policy Limit Over Atty Shooting

    A New Jersey state judge has ruled that an insurer may exhaust a policy to settle claims against a security company over the fatal shooting of an attorney at a mall, even if that settlement does not end claims against the mall's owners.

  • December 1, 2016

    NJ Woman Admits Role In $1M DNA Testing Medicare Fraud

    A New Jersey woman on Thursday admitted in federal court that she engaged in a $1 million Medicare fraud scheme that involved convincing seniors to submit to unnecessary genetic testing, offering kickbacks to physicians to authorize the tests and unlawfully accessing victims' private health care information.

  • December 1, 2016

    Rite Aid Can't Demand Union Remove Staff, Judge Says

    A National Labor Relations Board judge ruled Wednesday that Rite Aid unlawfully insisted that a union agree to remove certain New York employees from a bargaining unit in order to reach a contract, saying a deal can't hinge on a condition that's not a mandatory subject of bargaining under labor law.

  • December 1, 2016

    Chrome Maker Showed Good Faith In Enviro Row, Judge Says

    A New Jersey state judge on Wednesday ruled that a chrome manufacturer tasked with an environmental contamination cleanup can have access to its former Hudson County property, but that a court will have to determine the terms of the remediation arrangement with the parcel’s new owner.

  • December 1, 2016

    NJ Man Pleads Guilty To Visa Fraud In Fake College Sting

    The CEO and managing director of two New Jersey companies admitted Thursday that he recruited foreign nationals to enroll at a so-called pay-to-stay New Jersey college to fraudulently maintain his clients’ student visa status and obtain full-time work authorizations without having to attend classes, the federal government announced.

  • December 1, 2016

    3rd Circ. Backs Sentences In $136M Transpo Contract Fraud

    Two former Pennsylvania businessmen convicted of fraudulently obtaining about $136 million in combined highway construction contracts meant for small, minority-owned businesses saw their revised sentences upheld Wednesday, when the Third Circuit agreed with the lower court that the pair's profits represented the fraud-induced loss.

  • December 1, 2016

    Baseball Analyst Seeks Review For Gawker Defamation Claim

    A New York bankruptcy judge Thursday reserved judgment on lifting a stay to let baseball analyst Mitch Williams challenge a New Jersey state court's award of judgment to Gawker Media LLC over his $50 million defamation claim, requesting transcripts from the case to help determine if the claim is precluded.

  • December 1, 2016

    South Jersey Dodged Pa. Income Tax Bullet, Leaders Say

    Southern New Jersey business leaders on Thursday said they dodged a bullet with the resurrection of the state’s income tax reciprocity agreement with Pennsylvania, with Campbell’s Soup Co. alone saying  40 percent of its 1,200 Garden State employees would have been slammed by the pact's termination.

  • December 1, 2016

    Shipping Act Allows State Antitrust Claims, Fed. Agency Says

    The Federal Maritime Commission Wednesday asked the Third Circuit to partially reverse the dismissal of multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, saying federal law does not bar the plaintiffs’ state law claims.

  • November 30, 2016

    Cullen And Dykman Expand NJ Practice With Newark Office

    Cullen and Dykman LLP announced Wednesday that the firm has opened a new full-service office in Newark, adding to its growing presence in New Jersey with attorneys specializing in banking, energy and utilities, real estate and other practice areas.

  • November 30, 2016

    'Walking Dead' Creator Loses Trademark Liability Ruling

    A New Jersey federal judge on Wednesday rejected a bid by the creator of “The Walking Dead” comic book series and hit TV show to hold four entrepreneurs liable for trademark infringement over their plans to open a restaurant and sell merchandise, leaving it up to a jury to resolve the dispute.

Expert Analysis

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Is Momentive Losing Momentum?

    Michael Friedman

    The Third Circuit’s decision last week in the Energy Future case rejected the logic of Momentive that a make-whole provision is not enforceable post-acceleration without specific contractual language to that effect. The decision is a clear break from a recent trend and may give noteholders greater leverage, say Michael Friedman and Stephen Tetro II of Chapman and Cutler LLP.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Recipe For Primary Jurisdiction Goes 'Natural'

    James P. Muehlberger

    Last year the U.S. Food and Drug Administration announced a formal request for comments to determine if “natural” should be formally defined and, if so, what that definition should be. This change in the FDA’s position has led at least 11 courts to stay litigation involving the term until the agency completes its regulatory proceeding, and the trend is likely to continue, say James Muehlberger and Elizabeth Fessler of Shook Hardy & Bacon LLP.