New Jersey

  • January 26, 2015

    NJ Lawmakers Try To Force Offshore Wind Farm Approval

    The New Jersey Senate Environment and Energy Committee on Monday pushed forward legislation that would force the Board of Public Utilities to approve the first wind farm off the state's coast, even though the project has been blocked twice.

  • January 26, 2015

    AXA Says Trustee Approval Trumps Investors' Fee Gripe

    Investors suing AXA Equitable Funds Management Group LLC can't prove its investment management fees were unfair because they were approved by independent trustees on mutual fund boards, the asset management firm told a New Jersey federal judge Friday.

  • January 26, 2015

    Ex-Simpson Thacher Clerk Denies Insider Trading Charges

    A former Simpson Thacher & Bartlett LLP clerk was arraigned Monday on securities fraud charges over his role in an alleged $5.6 million insider trading scheme that utilized confidential information on impending deals handled by the firm.

  • January 26, 2015

    NJ Senate Panel OKs 11 Judges Noms, 9 For Bergen County

    New Jersey’s Senate Judiciary Committee on Monday advanced the nominations of 11 candidates for judicial slots on the state’s Superior Court, including nine for Bergen County, which is currently struggling to deal with a heavy caseload amid a host of vacancies.

  • January 26, 2015

    Nifty Fifty's CPA Pleads Guilty In $15M Tax Fraud Scheme

    The accountant for Pennsylvania and New Jersey restaurant chain Nifty Fifty’s on Monday pled guilty to helping the business hide more than $15 million in revenue from the IRS.

  • January 26, 2015

    Toxic NJ Land Warrants Nominal Property Tax, Court Says

    New Jersey's tax court ruled Monday that an electronics company's local property tax assessments should be reduced to a nominal amount because the property in question is vacant, contaminated and unmarketable, as it cannot be developed for the foreseeable future.

  • January 23, 2015

    Google Ruling Won't End Video Privacy Class Actions

    A New Jersey federal judge's recent dismissal of Video Privacy Protection Act claims against Google Inc. and Viacom Inc. is likely to provide relief to companies that collect information that can't be directly linked to their users, but it won't stop plaintiffs from wielding the privacy statute to go after businesses that take steps to attach an identity to the data they have collected.

  • January 23, 2015

    Effexor Buyers To Join 3rd Circ. Appeal Against Wyeth, Teva

    A class of direct purchasers of antidepressant Effexor XR on Friday notified a New Jersey federal judge that they plan a Third-Circuit appeal of his decision to dismiss their claim against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for the drug, a week after a number of other Effexor buyers announced a similar intent to appeal.

  • January 23, 2015

    NJ Enviro, Planning Groups Seek Veto Of Meadowlands Bill

    Smart growth, environmental and conservation groups on Friday urged New Jersey Gov. Chris Christie to veto plans to consolidate an agency that has overseen development and environmental improvements in the Meadowlands and overhaul a regional tax sharing system, contending that the changes would undermine decades of balanced planning.

  • January 23, 2015

    Developer Claims NJ Mayor Sabotaged $3M Project

    Brian Stack, a New Jersey state senator and the mayor of Union City, was accused in a lawsuit Thursday of conspiring with a city building official to sabotage a local developer's $3 million project, allegedly in retaliation for a stunt in which someone flew a banner disparaging the mayor for "sex exploits" and "cheating the public."

  • January 23, 2015

    NJ Judges Told When To Clap At State Of The State Speeches

    New Jersey’s judges are permitted to attend State of the State speeches and similar events and can even sport their robes, but are not allowed to show support for partisan politics by clapping or making approving facial expressions, according to a guideline recently added to the state’s code of judicial conduct.

  • January 23, 2015

    NJ Development Agency Head Steps Down For Nonprofit Gig

    The chief executive officer of the New Jersey Economic Development Authority, which oversees tax incentive programs for job creation and development, is leaving the post to take the reins of a privately funded organization that similarly works to encourage economic growth in the state.

  • January 23, 2015

    Moody's Cuts Atlantic City Bond Rating After NJ Takeover

    The state takeover of Atlantic City, New Jersey’s finances drastically raises the risk of investor losses on $344 million in long-term municipal debt, a ratings agency said Friday while lowering the fallen resort city’s credit profile deeper into junk territory.

  • January 23, 2015

    Rolls-Royce Targets Rapper Royce Rizzy In Trademark Suit

    Rolls-Royce Motor Cars Ltd. is suing Georgia rapper Royce Rizzy, formerly known as Rolls Royce Rizzy, for trademark infringement in New Jersey federal court claiming his stage name and apparel sold on his website infringe and dilute the automaker's “famous and distinctive” mark.

  • January 23, 2015

    Aaron's Spyware Class Members Can Be ID'd, 3rd Circ. Told

    A Third Circuit panel was urged Friday to find that records held by Aaron's Inc. made it possible to ascertain the members of a putative class in a suit alleging that the rent-to-own computer retailer spied on its customers in violation of the federal Electronic Communications Privacy Act.

  • January 22, 2015

    Ex-Contractor For NJ Watershed Agency Cops To Bribery

    A former contractor for the Newark Watershed Conservation and Development Corp. admitted in federal court Thursday to conspiring with a former NWCDC employee in a bribery and kickback scheme that defrauded the agency of hundreds of thousands of dollars, also pleading guilty to a tax charge. 

  • January 22, 2015

    Mylan Wrings Another $13.7M From GSK In Generic Paxil Row

    A New Jersey federal judge on Thursday granted Mylan Inc. supplemental damages of $13.7 million in the generic-drug maker’s feud with GlaxoSmithKline PLC over the sale of generic versions of GSK’s Paxil by Apotex Inc., bringing the total damages awarded to Mylan to about $120.6 million.

  • January 22, 2015

    NJ High Court Boosts Towns In Enviro Zoning Fights

    A New Jersey Supreme Court decision on Thursday that backed a municipality's ability to designate property as environmentally sensitive to restrict higher-density development could empower more towns to make such zoning changes and make it tougher for landowners to fight them, attorneys said.

  • January 22, 2015

    3 Firms Rep Fla. Pension Board On $304M Real Estate Buys

    Haynes and Boone LLP, Mayer Brown LLP and Sutherland Asbill & Brennan LLP guided the State Board of Administration of Florida on four recent real estate purchases for $213 million, deals a spokesman for the pension fund confirmed with Law360 on Thursday.

  • January 22, 2015

    3rd Circ. Nixes NJ Cop's Free Speech Retaliation Suit

    The Third Circuit handed down a precedential ruling Thursday finding that a police officer's testimony disavowing his involvement with the campaign of a Paterson, New Jersey, mayoral hopeful barred him from claiming he'd been demoted in violation of his First Amendment rights after he was seen associating with a staffer for the candidate.

Expert Analysis

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Assessing The State Of Charitable Immunity In NJ

    Michael A. Spero

    While the New Jersey Charitable Immunity Act has withstood constitutional challenges, it is still incumbent upon an organization to demonstrate that it satisfies the requirements of the statute. Frequently, a motion for summary judgment will dispose of a plaintiff’s claim in advance of trial, says Michael Spero of Eckert Seamans Cherin & Mellott LLC.

  • Confusion Persists Over Medical Marijuana Enforcement

    Daniel J. Hurteau

    While the recently enacted omnibus spending bill allows for state implementation of existing medical marijuana laws, it appears to largely be a symbolic victory for the medical marijuana industry. The ambiguity inherent in the spending bill raises more questions than it answers and may not completely divert the U.S. Department of Justice's attention away from medical marijuana, say attorneys at Nixon Peabody LLP.

  • 6 Ways Technology Hobbles Attorney Efforts To Recruit Clients

    Howard Breuer

    While empowering attorneys to blog, host sophisticated websites and share news via social media, technology has also brought new challenges. There are six key areas where technology — or the discord between technology and state rules on attorney advertising — has created client-recruitment problems that lawyers didn’t have a decade ago, says Howard Breuer of legal industry consulting firm ONE400.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.

  • A Shift In Discoverability Of Litigation Hold Notices?

    Mathieu J. Shapiro

    There is no one-size-fits-all litigation hold notice and no magic language that will ensure the notice is covered by the attorney-client privilege or work product doctrine. But in light of the D.C. District Court’s new, relaxed approach to the discoverability of such notices, be sure your next one does not include confidential company information that you would regret sharing, say attorneys with Obermayer Rebmann Maxwell & Hippel LLP.

  • How To Avoid An Unwanted Oral 'Settlement'

    Richard H. Epstein

    New Jersey courts have declared they will “strain” to find and enforce an oral settlement, even where the alleged oral terms are incomplete. Encouraging settlement is a public policy “good,” but an oral settlement that has not been fully thought through or approved up the ladder at the corporation can result in a dissatisfied client bound to terms that are, in the end, worse than litigating, says Richard Epstein, general counsel of... (continued)

  • Law Schools Are (Finally) Teaching 'The Biz' Of Lawyering

    Howard Breuer

    Educators across the country say law schools are now more aggressively teaching the business side of being a lawyer — spurred on by a shifting market that continues to provide fewer and fewer associate opportunities for recent grads, and feedback from students and new lawyers eager to learn how to bring in clients once they hang out a shingle, according to legal industry consultant and journalist Howard Breuer.