New Jersey

  • September 23, 2014

    NJ Asks State High Court To Revive $26M UPS Tax Penalty

    New Jersey on Tuesday urged the state Supreme Court to reinstate nearly $25.6 million in tax penalties assessed against UPS Co., arguing the shipping giant demonstrated bad faith in failing to pay taxes on cash transferred between its business units.

  • September 23, 2014

    SEC Fines Transfer Agent For Missing Microcap Red Flags

    The U.S. Securities and Exchange Commission on Tuesday said it has fined a New Jersey-based stock transfer agent and its former chief executive to settle claims that the firm ignored “blatant red flags” around the activities of alleged penny stock fraud, in the latest sign of the agency’s pledge to crack down on so-called gatekeepers who fail to stop misconduct.

  • September 23, 2014

    NJ High Court Says Arbitration Provisions Must Be Clear

    The New Jersey Supreme Court on Tuesday overturned an order compelling arbitration in a case over U.S. Legal Services Group LP’s debt adjustment services, saying the arbitration agreement the plaintiff signed failed to clearly state that she was waiving her right to sue.

  • September 22, 2014

    Care One Denied Bid For Atty Sanctions In TCPA Class Action

    A New Jersey federal judge on Monday rejected health care provider Care One LLC’s bid to sanction a plaintiff and his attorney for knowingly filing false statements in a proposed class action accusing the company of violating the Telephone Consumer Protection Act.

  • September 22, 2014

    NY Litigation Funder Awarded $33.5M In Kickback Suit

    A New Jersey state jury has awarded $33.5 million dollars to litigation funding business The Law Funder LLC, with the bulk of the judgment landing on an attorney and Law Funder co-founder currently serving time for defrauding the business with an elaborate kickback scheme.

  • September 22, 2014

    Northeast Transit Agencies Share $3.6B in Post-Sandy Relief

    The U.S. Department of Transportation on Monday allocated $3.6 billion in disaster relief money to make public transportation systems more resilient, targeting Northeastern states slammed by Hurricane Sandy.

  • September 22, 2014

    NJ Firm Sued By Ex-Name Partner In Bitter Contract Row

    A one-time name partner of Reiseman Rosenberg Jacobs & Heller PC has launched a breach-of-contract suit in New Jersey against the law firm for allegedly breaching a buyout agreement after he was forced to quit because of intolerable conditions.

  • September 22, 2014

    McCarter & English Grows VC Bench With SorinRand Merger

    McCarter & English LLP, New Jersey's oldest law firm, said Monday it is combining with East Brunswick-based SorinRand LLP in a move that will expand SorinRand’s depth and breadth of resources and enhance McCarter’s venture capital and technology practice groups with additional expertise.

  • September 22, 2014

    NJ Senate Sends Reader Privacy Protection Bill To Gov.

    Beefed-up privacy protections for electronic book purchasers in New Jersey are on their way to Gov. Chris Christie's desk, with the state Senate on Monday granting final legislative approval to the proposal.

  • September 22, 2014

    NJ Senate Clears Port Authority Reforms

    The New Jersey Senate on Monday approved a bill that would force efficiency studies and other reforms at the Port Authority of New York and New Jersey, while a top Assembly lawmaker called for comprehensive legislation that would also reshape the bi-state agency's management.

  • September 22, 2014

    NJ Lawmakers Look To Increase Retirement Age For Judges

    A New Jersey General Assembly panel on Monday signed off on a trio of bills to raise the judicial retirement age from 70 to 75, a measure designed to combat the widespread bench vacancies hobbling the state’s court system. 

  • September 22, 2014

    Pfizer Pushes To Ax Rest Of Lipitor Pay-For-Delay Suit

    Pfizer Inc. and Ranbaxy Laboratories Ltd. urged a New Jersey federal judge on Friday to toss indirect purchasers' antitrust suit in multidistrict litigation challenging a purportedly anti-competitive patent infringement settlement between the companies over Lipitor, saying the claims were doomed after a similar direct purchaser action was recently dismissed.

  • September 19, 2014

    Accountant Gets 40 Months For Texas Lender Takeover Plot

    A Pennsylvania accountant was sentenced on Friday to 40 months in prison for conspiring with reputed members of the Lucchese organized crime family to takeover a Texas-based mortgage lender through extortion and drain it of $12 million, forcing the lender into bankruptcy.

  • September 19, 2014

    Merck, BMS Circling Deal With Cipla Over Sustiva Generic

    Merck Sharp & Dohme Corp. and Bristol-Myers Squibb Co. may be nearing the end of a patent row with Cipla USA Inc. over Cipla’s plans to make a generic version of the antiretroviral drug Sustiva, according to a letter filed on Thursday in New Jersey federal court.

  • September 19, 2014

    NJ Appeals Court Revives Town's Suit Over Smelly Well

    A New Jersey appellate court Friday revived the town of Berlin’s lawsuit against two engineering companies accused of negligently locating a well near groundwater containing an odorous chemical, saying that expert testimony on damage costs had been improperly dismissed.

  • September 19, 2014

    NJ Lawmakers Look To Regulate Litigation Funders

    New Jersey lawmakers introduced legislation Thursday that would stick providers of litigation funding with new contract requirements, fee restrictions and a state registration process to prevent the abuse of consumers.

  • September 19, 2014

    American Airlines Blames Port Authority For Damaged Hangar

    American Airlines Inc. on Thursday slapped the Port Authority of New York and New Jersey with a breach-of-contract suit in New Jersey federal court, claiming the authority’s negligence in maintaining fire suppression systems at LaGuardia Airport resulted in flooding damage to an American Airlines hangar.

  • September 19, 2014

    Auditing Co. Can’t Ax Broker-Dealer’s Suit Over $66M Fraud

    A New Jersey judge on Friday refused to toss Direct Access Partners LLC's suit accusing auditing firm Rothstein Kass & Co. PC of negligence for missing a $66 million foreign trading and bribery fraud that contributed to its parent company's bankruptcy, paving the way for discovery, an attorney for the broker-dealer said.

  • September 18, 2014

    ACE Sues American Dream Developer In $5.2M Premium Row

    ACE American Insurance Co. on Wednesday sued Triple Five Group Ltd. in New Jersey over an allegedly fraudulent transfer of a ground lease as part of the multibillion-dollar American Dream entertainment complex, which ACE contends was intended to stymie its collection of a $5.2 million arbitration award.

  • September 18, 2014

    NJ Senate Panel OKs Post-Scandal Reforms For Port Authority

    A New Jersey Senate committee on Thursday advanced proposed oversight requirements for the Port Authority of New York and New Jersey that sponsors say would boost transparency and accountability at the bistate agency in the wake of Bridgegate and other blemishes.

Expert Analysis

  • Taking Stock Of The Legal Cloud: Opportunities And Pitfalls

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • No Need For Expert Testimony In Successor Liability Cases

    Robin Silver

    In the typical successor liability case, expert testimony adds no value to analysis. It simply serves to usurp the court’s function. Parties should think twice before designating an expert and should strongly consider moving to strike any experts designated by opposing parties as legally improper, say Robin Silver and Alexander Creticos of Miles & Stockbridge PC.

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • The Fallacy Behind NJ's Sports Betting Strategy

    Daniel L. Wallach

    New Jersey Governor Chris Christie has embarked on a bold new legal strategy designed to bring sports betting to the Garden State. Despite the optimism expressed on many fronts, the latest gambit is unlikely to succeed, says Daniel Wallach of Becker & Poliakoff PA.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • Be Wary Of Inadvertent Waivers In Contamination Claims

    Richard F. Ricci

    A New Jersey appellate court's ruling in Favorito v. Puritan Oil Company Inc. provides valuable lessons in how to — and how not to — prosecute claims for damages based on contamination migrating from one property to another, say Richard Ricci and Nikki Adame Winningham of Lowenstein Sandler LLP.