New Jersey

  • February 10, 2016

    NJ Shareholder Suit Over Nymox's Prostate Drug Trials Tossed

    A New Jersey federal judge on Wednesday released Nymox Pharmaceutical Corp. and its founder from a class action securities suit, concluding that shareholders failed to demonstrate a purposeful scheme to misrepresent the prospects of a prostate drug when trials showed the medication was doomed to fail.

  • February 10, 2016

    Kushner Planning $500M Revamp Of NJ Mall

    Kushner Companies Inc. on Wednesday unveiled its $500 million plan to transform New Jersey’s Monmouth Mall into an open-air, mixed-use development, marking Eatontown Borough’s largest private investment to date and embracing a real estate model that’s eclipsing traditional enclosed shopping meccas.

  • February 10, 2016

    Feds Accuse NJ Doc Of Falsely Billing For Diagnostic Tests

    A New Jersey doctor who allegedly submitted millions of dollars in false Medicare and Medicaid claims for carrying out thousands of invasive diagnostic tests — more than any other physician in the state during a five-year span — that were never actually performed was sued by the federal government on Wednesday.

  • February 10, 2016

    OSHA Cites NJ Chemical Co. For Workplace Safety Breaches

    A Newark, New Jersey-based company in the flavor and fragrance industry put workers at risk in the handling of dangerous chemicals though more than a dozen workplace health and safety violations, the Occupational Safety and Health Administration said Wednesday.

  • February 10, 2016

    Toys 'R' Us Settles Insurance Row Over $25M Verdict

    Toys 'R' Us Inc. on Wednesday settled a breach-of-contract suit accusing an insurance company of failing to provide coverage for a $25 million wrongful death verdict awarded to the family of a 28-year-old woman who died after using an allegedly defective inflatable pool slide sold by the retailer.

  • February 10, 2016

    LeClairRyan Hit With Malpractice Suit By Defunct Hotel

    The onetime owners of a hurricane-damaged Virginia hotel have accused LeClairRyan of breach of contract and malpractice in insurance coverage litigation, telling a New Jersey court the firm colluded with creditors and improperly spearheaded an involuntary bankruptcy against the hotel.

  • February 10, 2016

    3rd Circ. Again Revives Arbitration Row In Debt Fraud Suit

    The Third Circuit on Wednesday gave Global Client Solutions LLC and Rocky Mountain Bank and Trust another chance at securing arbitration in a putative class action accusing them of participating in a scheme to defraud indebted consumers that involved fabricated negotiations with creditors.

  • February 10, 2016

    Mylan Pushes 3rd Circ. To Revive Doryx Product-Hopping Suit

    Generic-drug maker Mylan Pharmaceuticals Inc. has urged the Third Circuit to resurrect its suit against Warner Chilcott PLC for allegedly tweaking the formula of its acne medication Doryx in order to block generic competition, saying Warner's defenses "amount to a call to abandon all antitrust review of product changes."

  • February 10, 2016

    NJ Lawmakers Request Feds' Help To Fix Sandy Damage

    The 14 members of New Jersey's congressional delegation have asked the U.S. Department of Transportation for help closing a $467 million funding gap for infrastructure repairs necessitated by Superstorm Sandy, according to a letter made public Tuesday.

  • February 9, 2016

    3rd Circ. Won't Review Benefits Award In Black Lung Row

    The Third Circuit declined to review a U.S. Department of Labor Benefit Review Board's decision to award benefits to a miner suffering from black lung disease, saying a mining company can't challenge the timeliness of the miner's claim based on a purported misdiagnosis from a decade ago.

  • February 9, 2016

    Hagens Berman Loses Sanctions Appeal In Thalidomide Row

    The Third Circuit on Tuesday dismissed Hagens Berman Sobol Shapiro LLP’s appeal of sanctions imposed on it by a district court judge for litigating three time-barred thalidomide birth-defect suits against Grunenthal GmbH, saying it lacked jurisdiction to hear the matter because related claims are still pending in the lower court.

  • February 9, 2016

    Gambling Atty Gets 18 Months For $2.6M Embezzlement

    A New Jersey attorney who admitted he stole $2.6 million from his former employer was sentenced to 18 months in prison Tuesday over his objections that incarceration would cut off his access to gambling addiction recovery resources.

  • February 9, 2016

    NJ Houlihan's Operator Faces Suit Over OT, Deductions

    An operator of Houlihan's restaurants in New Jersey has been hit with a putative class action claiming it has failed to pay proper overtime wages and made unlawful meal deductions from workers' pay.

  • February 9, 2016

    NJ Enviros Revive Court Fight Against $225M ExxonMobil Deal

    Four New Jersey environmental groups on Tuesday continued their fight against New Jersey’s $225 million settlement with Exxon Mobil Corp. over pollution, urging the Appellate Division on Tuesday to allow them to join the litigation so they can overturn the deal they say shortchanges the state.

  • February 9, 2016

    SunTrust Beats Ex-MLB Player's Appeal Over Bad Investments

    A former Major League Baseball pitcher who allegedly lost millions of dollars to bad investment management can't revive his claims against SunTrust Bank, the Third Circuit ruled Monday, finding that he failed to explain why the lower court should have ordered arbitration instead of dismissing the claims.

  • February 9, 2016

    NY, NJ Dunkin' Donuts Accused Of Charging Illegal Tax

    Dunkin’ Donuts flouts the law and dupes consumers by illegally charging a tax on pre-packaged coffee and other tax-exempt products, a proposed class of New York and New Jersey consumers said in two complaints filed Monday.

  • February 9, 2016

    NJ Dems Unveil State, Federal Plans For $15 Minimum Wage

    Some of New Jersey's top Democratic state lawmakers came together with U.S. Rep. Donald Norcross, D-N.J., in the state capital on Tuesday announcing joint plans to introduce legislation that would eventually raise the state and federal minimum wage to $15 an hour.

  • February 9, 2016

    Ex Bankruptcy Judge Tapped As Examiner In Zucker Ch. 11

    Former U.S. Bankruptcy Judge Donald Steckroth has been formally tapped to serve as the examiner in the Chapter 11 case of Zucker Goldberg & Ackerman LLC and investigate possible claims against current and former members of the foreclosure law firm and related “insiders,” according to an order Monday.

  • February 8, 2016

    Tribe Says Fed. Contract Hinges On Recognition By NJ

    The Nanticoke Lenni-Lenape Tribal Nation urged a New Jersey federal judge Monday to quickly consider the tribe's suit seeking explicit state recognition, saying the federal government has questioned the tribe's eligibility for an ongoing contract that depends on the tribe’s recognition status.

  • February 8, 2016

    Eaton, Volvo Tell 3rd Circ. Antitrust Suit Correctly Tossed

    Eaton, Volvo and several truck manufacturers have asked the Third Circuit to reject a bid to revive a putative class action against the companies for allegedly entering into anticompetitive agreements that hiked the cost of Eaton’s transmissions, saying a lower court properly found the lead plaintiff lacked standing.

Expert Analysis

  • Employer Tips For Handling Office Romances

    Robert Dolinko

    While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • What The Court Got Wrong About Hatch-Waxman In Alcon

    Brian D. Coggio

    The New Jersey federal court's recent decision in Alcon v. Akorn disregards the very purpose of the 30-month stay of U.S. Food and Drug Administration approval as apparent from the legislative history of the Hatch-Waxman Act, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • Fixing US Infrastructure: New Model P3 Law A Good Start

    Stacia A. Wells

    The United States is facing an infrastructure crisis, and our needs are far greater than the government can provide on its own. Reducing the political risks associated with public-private partnerships by enacting legislation to bring transparency and predictability to the forefront of the process is an important step toward fixing America's crumbling infrastructure, say Stacia Wells and Robert Siegel at Bilzin Sumberg Baena & Axelrod LLP.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.

  • And Now A Word From The Panel: 2015 JPML Practice Trends

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    As with the recently created NFL “Sunday Ticket” MDL, with many overlapping putative class actions pending in different jurisdictions, the question regarding fantasy football will likely not be whether to create an MDL, but rather where the MDL will be located. Kaye Scholer's Alan Rothman discusses this and other issues in his broader look at recent trends at the Judicial Panel on Multidistrict Litigation.

  • Trump Ruling Strengthens Employers' Hand In Bankruptcy

    Mark A. Salzberg

    By including expired collective bargaining agreements within the scope of Bankruptcy Code Section 1113 in the Chapter 11 case of Trump Entertainment, the Third Circuit has enabled debtor-employers to reject such agreements and thereby avoid having to continue to comply with their terms and conditions, says Mark Salzberg of Squire Patton Boggs LLP.