New Jersey RSS

  • April 22, 2014

    Jury Verdict Against 3M Upheld In Filter Patent Suit

    A New Jersey federal judge on Monday upheld a jury’s determination that two patents held by a 3M Co. unit covering filtration technology for industrial respirators were unenforceable due to inequitable conduct, handing a win to TransWeb LLC.

  • April 22, 2014

    NJ Ethics Agency Backs Pinelands Pipeline Voter's Recusal

    New Jersey’s ethics watchdog got behind a Pinelands Commission attorney on Tuesday, saying she rightly recommended that a commissioner abstain from voting on an agreement to greenlight a $90 million natural gas pipeline, which resulted in a deadlocked vote and the agreement's rejection.

  • April 22, 2014

    NJ Bridgegate Panel Issues 4 Subpoenas For Testimony

    A New Jersey committee investigating September's politically charged closure of George Washington Bridge access lanes issued four subpoenas on Tuesday to current and former members of Gov. Chris Christie's office and to two Port Authority of New York and New Jersey officials for testimony next month.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Ex-Celgene Exec Gets 16 Months For Insider Trading Plot

    A former Celgene Corp. executive was sentenced to 16 months in prison in New Jersey federal court Tuesday, for sharing tips on acquisitions, quarterly earnings and regulatory news during a five-year insider trading scheme also fueled by nonpublic information from Stryker Corp. and Sanofi-Aventis U.S. LLC.

  • April 22, 2014

    State Climate Actions Stumble On Dormant Commerce Clause

    A recent ruling that a Minnesota emissions law effectively barring electricity use from new coal-fired power plants is unconstitutional is the latest example of the dormant Commerce Clause impeding states' ability to regulate climate change, and experts say such legal skirmishes will continue until the U.S. Supreme Court sets clear, constitutional boundaries for states' climate policies.

  • April 22, 2014

    GSK Slams Mylan's Bid For $3.1M Interest In Paxil Row

    GlaxoSmithKline LLC on Monday slammed Mylan Inc.'s bid for $3.1 million in prejudgment interest stemming from the $106.7 million verdict Mylan won after a jury found that GSK breached an exclusive licensing contract arising from an antitrust settlement, saying in New Jersey federal court that the company overstated the amount.

  • April 22, 2014

    PPG Work Product Not Exposed In Superfund Brief, US Says

    The U.S. government on Monday urged a New Jersey federal judge to deny PPG Industries’ efforts to seal a government brief in a suit alleging decades-old wartime mandates require government contribution to a Superfund site remediation, challenging PPG’s claim that the brief exposes work product.

  • April 22, 2014

    Mallinckrodt, Nuvo Sue Metrics Over Generic Pennsaid

    Mallinckrodt LLC and Nuvo Research Inc. sued generic-drug maker Metrics Inc. in New Jersey federal court Monday, alleging the generics manufacturer violated their patents for the arthritis pain medication Pennsaid.

  • April 22, 2014

    Sales Tax Cuts Amazon Purchases By 10%, Study Finds

    The institution of sales taxes on online purchases in several states across the U.S. caused an almost 10 percent drop in online retailer Amazon.com Inc.’s sales, according to research released this month by The Ohio State University.

  • April 21, 2014

    Ex-Genta Exec Settles SEC Insider Suit Over Melanoma Drug

    A former Genta Inc. executive and two others agreed to pay penalties to resolve allegations of insider trading on confidential information about the now-defunct drugmaker's disappointing clinical tests for the experimental melanoma drug Genasense, the U.S. Securities and Exchange Commission announced Monday.

  • April 21, 2014

    NJ Town Told To Ignore Attempted Probe Of Municipal Atty

    The governing council of Parsippany-Troy Hills, N.J., overstepped its authority in moving to investigate township attorney John P. Inglesino of Inglesino Wyciskala & Taylor LLC and the municipality's administrative branch should ignore measures enabling that probe, according to a recent legal opinion.

  • April 21, 2014

    NJ Gov.'s Campaign Spent $324K On 'Bridgegate' Response

    New Jersey Republican Gov. Chris Christie’s re-election campaign has spent more than $300,000 in legal fees related to its cooperation with the investigation of the “Bridgegate” scandal, according to a campaign finance document released this month.

  • April 21, 2014

    Iqbal Dooms Wages Suit Against Lenders, 3rd Circ. Told

    Two mortgage lenders accused of violating state and federal overtime rules on Thursday cited the Supreme Court's Iqbal decision in urging the Third Circuit to grant an en banc rehearing after a three-judge panel revived a former mortgage underwriter's wages suit. 

  • April 21, 2014

    NJ Public Defender Proposes Flat Fee Schedule

    New Jersey’s Office of the Public Defender on Monday proposed a new, flat-fee schedule for its services, a move it said will allow it to continue representing indigent clients.

  • April 21, 2014

    NJ Court Won't Revive Charge Over Arbitrator Threats

    A New Jersey appeals court refused Monday to revive half of an indictment accusing a divorcee of threatening a public official as part of an arbitration proceeding because the arbitrator never received a formal court appointment and didn't qualify as a public servant.

  • April 21, 2014

    Hess To Pay $33M To Settle NJ MBTE Litigation

    Hess Corp. and related entities have agreed to pay $33.5 million to settle a New Jersey environmental regulator's lawsuit in New York federal court that accused dozens of companies of contaminating state waters with a gasoline additive, according to a notice Monday.

  • April 21, 2014

    Pfizer Strikes $190M Deal To Settle Neurontin Antitrust MDL

    Pfizer Inc. on Monday agreed to pay $190 million to settle a class action coursing through New Jersey federal court alleging that the drug giant conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses, signaling an end to more than a decade's worth of contentious antitrust litigation.

  • April 21, 2014

    J&J Can't Shake Former Worker's Severance Pay Suit

    A New Jersey federal judge on Monday rejected Johnson & Johnson's bid to dismiss a putative class action brought by a former employee who was denied severance pay after leaving because of a disability, saying the company's untimeliness defense was too late.

  • April 21, 2014

    Concord Nets $240M In Sale Of Marriott, Hilton Portfolio

    On the heels of announcing that it was ramping up its development deals pipeline, Concord Hospitality Enterprises Co. on Monday announced it has sold off a portfolio of Marriott International Inc. and Hilton Worldwide Inc. hotels in Illinois, New Jersey, Ohio, Pennsylvania and Texas for $240 million.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • The 3rd Circ. Stance On FLSA Liability For Successor Cos.

    Patrick J. McCarthy

    The Third Circuit recently ruled in Thompson v. Real Estate Mortgage Network that a successor company can be held liable for remedying Fair Labor Standards Act violations committed by a predecessor company. In light of this highly visible and expanding precedent, case law is clear that liability may apply even when successor employers are bona fide purchasers and specifically disclaim in agreements any liability for legal claims against the predecessor, say Patrick McCarthy and Kevin Skelly of Day Pitney LLP.

  • Earth Day And The Evolution Of Environmental Law

    Timothy J. Bergere

    Since 1970, environmental lawyers have been immersed in a myriad of federal, state and local environmental laws and regulations, beginning with the National Environmental Policy Act. As the movement has grown, Earth Day has become a placeholder for the idea that we can better manage our environment, and in the legal community, it reminds us that we must continue advancing the law with the goal of a cleaner environment in mind, says Timothy Bergere of Montgomery McCracken Walker Rhoads LLP.

  • The Evolving New Normal For Data Breach Responses

    Mark Salah Morgan

    The Target Corp. and Blue Cross Blue Shield of New Jersey data breaches differed in manner, size and scope, but both reveal the vulnerabilities all companies are facing. A nuanced, more responsive, and more uniform legal and regulatory framework is required. That environment is being shaped by private actions, legislative and administrative responses, and various corporate initiatives, say Mark Salah Morgan and Andres Acebo of Day Pitney LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Some Sanity Amid Skyrocketing TCPA Litigation

    John G. Papianou

    Federal courts have recently brought some sanity to Telephone Consumer Protection Act litigation and, specifically, what constitutes an automatic telephone dialing system. Until the Federal Communications Commission weighs in, defendants facing TCPA class actions may cite the Gragg, Hunt and Dominguez decisions for support or seek a stay of proceedings, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • FTC Data Security Authority Remains Murky Despite Wyndham

    Christopher Cole

    ​In the latest and most important federal court decision on data security enforcement, a New Jersey federal judge broadly upheld the Federal Trade Commission’s authority to police data security in FTC v. Wyndham Worldwide Corp., as the debate regarding the FTC’s role in regulating data security continues to evolve in both judicial channels — including the LabMD Inc. case — and legislative avenues, say attorneys with Crowell & Moring LLP.

  • FTC Increasingly Looks Like Cyberspace's Regulator

    Amy Worley

    In FTC v. Ross, the Fourth Circuit affirmed the Federal Trade Commission's Section 5(a) authority under the Federal Trade Commission Act in cybersecurity cases. Now, eyes are on FTC v. Wyndham Worldwide Corp., where the same question is being litigated even though it is becoming increasingly likely that arguments claiming the FTC lacks authority to bring unfair and deceptive trade practices cases in the cyber arena will face a tough hurdle, says Amy Worley of McGuireWoods LLP.