New Jersey

  • May 4, 2016

    Vanguard Dodges Gambling Co. Investments Suit In 3rd Circ.

    The Third Circuit refused Wednesday to revive claims in a shareholders' derivative action alleging that Vanguard Group Inc. mutual funds suffered millions of dollars of losses as a result of the company's investment in illegal online gambling operations.

  • May 4, 2016

    Suit Alleging Gov't Conspiracy To Seize NJ Landfill Thrown Out

    A New Jersey federal judge on Wednesday dealt another blow to a landfill owner recently indicted on charges of lying to a state environmental regulator about plans for the site, signing off on two dismissal motions in litigation accusing the agency and others of illegally conspiring to seize the property.

  • May 4, 2016

    Divide On Atlantic City Bailout Plan Widens On Eve Of Vote

    The road to saving Atlantic City’s finances hit a bump on Wednesday when New Jersey Assembly Speaker Vincent Prieto, D-Hudson/Bergen, announced that the chamber wasn’t going to consider a Senate bill calling for a state takeover, which is the only plan Republican Gov. Chris Christie said he’d endorse to fix the resort town.

  • May 4, 2016

    Pershing Sued Again Over $7.2B Stanford Ponzi Scheme

    Pershing LLC was hit in New Jersey federal court Tuesday with another putative class action from victims of convicted fraudster Robert Allen Stanford’s $7 billion Ponzi scheme who say the clearing firm facilitated and profited from Stanford’s bilking of thousands of investors.

  • May 4, 2016

    NJ Court Says Hospital Injury Reports Barred In Med Mal Suits

    The New Jersey Appellate Division ruled Wednesday that a hospital report documenting the cause of a patient’s fatal fall from a bed can’t be compelled in his widow’s medical malpractice lawsuit because the information is privileged under the state’s patient safety law.

  • May 4, 2016

    Justices Needn't Eye Reinstated Deportation Order, US Says

    The federal government has asked the Supreme Court to deny a petition from an Ecuadorean man who was ordered deported after illegally re-entering the U.S. and argues his deportation order should not have been reinstated, saying the Third Circuit correctly found that the reinstatement provision in question applied.

  • May 4, 2016

    3rd Circ. Nixes Le-Nature's Exec's Appeal Of 15-Year Sentence

    The Third Circuit on Wednesday refused to vacate the 15-year prison term handed down to a onetime executive at defunct soft drink company Le-Nature’s Inc. for orchestrating a $660 million swindle of banks and investors, saying an appeal had already been lodged and rejected.

  • May 4, 2016

    SEC, NJ Accuse Duo Of Duping Investors In Tech Startup

    The U.S. Securities and Exchange Commission sued a pair of unregistered brokers on Wednesday for their alleged scheme to pocket millions of investor dollars raised for stock in a technology startup, the same day the New Jersey Bureau of Securities ordered civil penalties and the state's U.S Attorney's Office filed related criminal charges.

  • May 4, 2016

    3rd. Circ Says Military Tax Shield Doesn't Cover Businesses

    The Third Circuit said in a case of first impression Wednesday that a federal law that limits the interest and penalties on a member of the military for overdue property taxes does not extend to a soldier’s business, as it does not qualify as a "service member” under the law.

  • May 4, 2016

    Member Of $5M ATM-Skimming Scheme Gets 7-Plus Years

    A high-level member of an extensive ATM-skimming scheme that stole more than $5 million from ATM users was sentenced to more than seven years in prison on Tuesday, about two months after a New Jersey jury found him guilty.

  • May 4, 2016

    3rd Circ. Rejects Lovenox Antitrust Suit Against Sanofi

    The Third Circuit on Wednesday rejected pharmaceutical manufacturer Eisai’s bid to reinstate an antitrust lawsuit against Sanofi over discount contracts with hospitals that purchased large amounts of anti-coagulant drug Lovenox, saying in a published opinion that antitrust laws are intended to protect competition, not competitors.

  • May 4, 2016

    FERC Says Suit Challenging Pipeline Powers Has No Legs

    The Federal Energy Regulatory Commission on Tuesday urged a Washington, D.C., federal judge to nix an environmental group's suit claiming that its pipeline approval process is unconstitutional, saying that the group has no standing to make such a claim and is attempting to circumvent FERC's review of a proposed $1.6 billion pipeline.

  • May 3, 2016

    NJ Co. Monopolizes Online Tax Lien Sales, Report Says

    Irregularities surrounding New Jersey’s online tax lien bidding system have allowed one private vendor and its partner to monopolize the lucrative auctions, according to a state report Tuesday that recommended a series of statutory and administrative reforms to the system.

  • May 3, 2016

    3rd Circ. Blocks Pa. Bankruptcy Related To Failed Fla. Case

    The Third Circuit on Tuesday ruled that an involuntary bankruptcy action brought against guarantor entities affiliated with a Pennsylvania-based diagnostic imaging company was properly barred by a bankruptcy court since the petitioner lacks standing and already lost a nearly identical case in Florida.

  • May 3, 2016

    Ex-Willkie Atty Wants Cellphone Evidence Axed Before Trial

    Evidence pulled from a cellphone that federal agents took while arresting a former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner should be suppressed before a fraud trial, because the seizure violated her Fourth Amendment rights, her lawyer has told a New Jersey federal judge.

  • May 3, 2016

    3rd Circ. Rejects Suit Assailing NJ AG Use Of Insurer Probes

    The Third Circuit on Tuesday tossed a suit brought by a doctor claiming he was unlawfully targeted by criminal investigations conducted by Allstate and other insurance companies that were outsourced by the New Jersey Attorney General, saying the doctor lacked standing.

  • May 3, 2016

    Atlantic City Tourism Stats Bright Despite Financial Woes

    The Atlantic City Tourism Performance Indicators report, released on Monday, showed that there was spending growth in the city’s hotel market in 2015, even as it stands on the edge of a financial precipice thanks to casino closures, successful tax appeals and a lawsuit by the school district seeking to recoup funds.

  • May 3, 2016

    NJ Atty Can’t Dodge $50K In Sanctions For Frivolous Claims

    A personal injury attorney has lost his bid to escape $50,000 in sanctions for bringing frivolous litigation against Atlantic City and its police officers over a client’s alleged battery, as the Supreme Court of New Jersey refused to reconsider the judgment.

  • May 3, 2016

    PennEast Illegally Surveyed Proposed Pipeline Route: Suit

    PennEast's controversial proposal for a $1 billion gas pipeline through New Jersey and Pennsylvania has drawn fire from homeowners and a conservation group who alleged in a Monday suit that the project’s surveyors have trespassed on private properties in two Garden State counties.

  • May 3, 2016

    NJ High Court Won't Touch Former Day Care Site Cleanup Suit

    The New Jersey Supreme Court has declined to second-guess an appellate decision upholding liability in a $2 million mercury contamination judgment against a family and its partnership and business that purchased a former thermometer manufacturing site where a day care center was later built.

Expert Analysis

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Laying The Groundwork For Automotive E-Titles

    Jason S. McCarter

    If implemented as written, the National Highway Traffic Safety Administration's proposed rules for electronic odometer disclosures will affect dealers, lenders, distributors and auction companies as well as ordinary consumers. While the changes are expected to result in cost savings for most they may also cause short-term uncertainty and security concerns, say Jason McCarter and Hannah Winiarski at Sutherland Asbill & Brennan LLP.

  • Evening The Score: A New Wave Of Equal Pay Act Claims

    Stacie B. Collier

    While the wage discrimination claims filed by the U.S. Women's Soccer Team against the U.S. Soccer Federation don’t present any new or novel issues of law, the case highlights a resurgence of Equal Pay Act claims, based in large part on advocacy to close the national gender pay gap by everyone from famous Hollywood actors to presidential candidates, and now, soccer stars, say Stacie Collier and Steven Nevolis at Nixon Peabody LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.