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New Jersey
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September 18, 2024
New Jersey Powerhouse: Gibbons PC
Gibbons PC has spent the past 12 months firming up its status as one of New Jersey's go-to firms for dealing with complex litigation in both the public and private sectors, making noteworthy additions to its already impressive roster, including two attorneys with serious experience in the courtroom, and helping bring the 2026 FIFA World Cup Final to the Garden State.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Organon To Buy Psoriasis Treatment Biz For Up To $1.2B
Women's healthcare-focused company Organon, advised by Covington & Burling LLP, on Wednesday announced it will purchase Freshfields Bruckhaus Deringer LLP-led Dermavant, a subsidiary of Roivant that develops and commercializes therapies in immuno-dermatology.
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September 18, 2024
NJ Bank Agrees To $14M Subsidy Fund In DOJ Redlining Deal
A New Jersey regional bank has agreed to provide at least $14 million in loan subsidies as part of a proposed consent order unveiled Wednesday to settle U.S. government claims that it engaged in redlining, a form of illegal lending discrimination, in certain central parts of the state.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
In-House Atty Brings Bias Suit Over Firing After Miscarriage
A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
New Jersey Powerhouse: Seeger Weiss
Seeger Weiss LLP had a standout run of success throughout the past year, including a record $6 billion settlement for military veterans who suffered hearing damage because of defective 3M Co. earplugs, a billion-dollar agreement to compensate users of Philips CPAP machines and a multimillion-dollar settlement for users of proton pump inhibitor medication.
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September 17, 2024
PSEG's GC To Retire As Utility Co. Lines Up Her Successor
The top attorney for Public Service Enterprise Group is retiring next year after more than three decades with the utility provider, the company announced Tuesday.
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September 16, 2024
3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.
The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
Chevron Deference Invalid In Travel-Time Pay Case, DOL Says
The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.
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September 16, 2024
J&J Cheers Toss Of 'Indefensible' $260M Talc Verdict
An Oregon state judge rejected a jury's $260 million verdict for a woman who blamed Johnson & Johnson's talcum powder for her cancer diagnosis, a company spokesperson said Monday.
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September 16, 2024
New Jersey Powerhouse: Sills Cummis & Gross
Big appellate wins, including a high-profile employment case involving a New Jersey Catholic school, have helped put Sills Cummis & Gross PC on Law360's 2024 New Jersey Regional Powerhouses list.
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September 16, 2024
McCarter & English's Misstatement Won't Nix Malpractice Win
A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility
Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."
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September 13, 2024
NJ Jury Puts $26M Price Tag On Land In Development Battle
A New Jersey federal jury found that the owner of a 22-acre former Michelin Tire & Rubber Co. factory at the heart of a land-taking battle should get $25.6 million from a borough redevelopment agency that argued the parcel would fetch less than a third of that figure on the market.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
Sandoz Awarded $137M In Generic Hypertension Drug Fight
United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.
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September 13, 2024
NJ Gov. Signs Law To Limit Sale Of 'Intoxicating Hemp'
New Jersey Governor Philip Murphy on Thursday signed a bill into law aimed at regulating the sale and distribution of intoxicating hemp products in the state, particularly those sold by unauthorized sellers and those sold to people under 21.
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September 13, 2024
16 State AGs Demand DOJ Probe Of Texas Voter Fraud Raids
A group of 16 state attorneys general implored the U.S. Department of Justice to investigate recent raids by Texas Attorney General Ken Paxton's office that were said to be connected to an election integrity investigation but reportedly targeted the Latino population, warning that Paxton risks "undermining the very elections he purports to want to protect."
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit
The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.
Expert Analysis
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.