New Jersey

  • January 23, 2024

    Ex-Cognizant Exec Says 2nd Bribe Evidence Essential To Defense

    The former legal chief of Cognizant Technology Solutions urged a New Jersey federal judge on Monday to allow evidence of a second alleged bribe of an Indian government official, saying it could help exonerate him and a co-defendant at a trial scheduled this spring.

  • January 23, 2024

    Sen. Menendez Wants To Nix Gold Bars From Bribery Case

    U.S. Sen. Robert Menendez has asked a New York federal court to nix gold bars and other evidence federal prosecutors uncovered pursuing their second corruption case against him, suggesting the government weaponized unconstitutionally broad warrants to avenge a failed first attempt to convict the New Jersey Democrat.

  • January 23, 2024

    Medical Scrubs Co. Enters Ch. 11 As COVID Biz Boost Slows

    Global medical scrubs distributor Careismatic Brands LLC and 21 affiliates filed for Chapter 11 bankruptcy protection in New Jersey with a prearranged restructuring plan after business normalized last year following an earlier surge in COVID-19-related revenues.

  • January 22, 2024

    Pritzker Heir, Firm Move $25M Sex Assault Suit To SDNY

    An heir to the Pritzker family fortune and his personal investment office on Friday removed from New York state court to federal court a $25 million suit that claims that he sexually assaulted a woman while she was incapacitated in Manhattan in 2009.

  • January 22, 2024

    Ex-CVS Worker Wants 3rd Circ. To Ax 'Painful' Ruling

    A former CVS store manager told the Third Circuit on Monday it should undo a New Jersey federal judge's decision sending her sex bias claims to arbitration because that lower court ruling was built on "painful legal contortions" that misapplied the law and governing precedent.

  • January 22, 2024

    Skin Care Drug Co. Timber Gets OK For Ch. 11 Sale To Lender

    A Delaware bankruptcy judge on Monday approved dermatology drug developer Timber Pharmaceuticals' plan for a Chapter 11 sale of its assets, with the debtor telling the court it intended to close the deal with a post-petition lender by the end of the day.

  • January 22, 2024

    NJ City Can't Limit Tax Appeal After Failed Postal Delivery

    A New Jersey city cannot limit the scope of a taxpayer's appeal after a request for more information wasn't returned, the state's tax court ruled, because the request wasn't properly delivered to the taxpayer.

  • January 22, 2024

    Feds, States To Split Argument Time For EPA Smog Plan

    The U.S. Supreme Court agreed on Monday to split the argument time in four related cases challenging whether the U.S. Environmental Protection Agency can implement a plan to reduce cross-state pollution, giving the U.S. solicitor general's office 20 minutes to argue on behalf of the EPA.

  • January 22, 2024

    Justices Won't Review $13M Well Damage Coverage Denial

    The U.S. Supreme Court declined on Monday to review a Third Circuit finding that a well services company cannot tap into $13 million in insurance coverage for damages to hydraulic fracturing wells caused by use of the wrong mix of fracking fluid.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    NJ Doctor Accuses Attorney Of $280K Wage Case Blunder

    New Jersey attorney Lawrence H. Kleiner is facing a legal malpractice lawsuit filed by a doctor who alleges that the lawyer mishandled a case involving a claim for more than $280,000 in unpaid wages from another physician.

  • January 19, 2024

    Ex-Fugees Rapper Denies Fraud Claims Over $6.5M Loan

    Ex-Fugees rapper Prakazrel Samuel "Pras" Michel has denied all wrongdoing to the Georgia federal court that is overseeing a lawsuit accusing him of fraudulently selling his music catalog while it was being held as collateral on a $6.5 million loan.

  • January 19, 2024

    Ex-Pharmacy Head Gets 3 Years For $32M Telemed Scheme

    A New Jersey federal court sentenced a former pharmacy president to three years in prison Thursday for his role in a $32 million healthcare kickback scheme that used telemedicine companies and pre-filled prescriptions.

  • January 19, 2024

    Kenvue Execs, J&J Face 2nd Investor Action Over FDA Probe

    Kenvue investors who bought into the multibillion-dollar pharmaceutical company's May 2023 initial public offering have named its executives and former parent company Johnson & Johnson in a proposed class action concerning their alleged failure to disclose the low efficacy of phenylephrine, an ingredient in cash cow nasal decongestants including Tylenol and Benadryl products.

  • January 19, 2024

    Becton Investors Get Initial OK Of $85M Deal Over Recall

    A magistrate judge granted preliminary approval to an $85 million settlement a class of Becton Dickinson investors reached with the medical tech company over securities fraud claims that it hid regulatory problems regarding sales of its Alaris infusion pump, which Becton recalled in 2020.

  • January 19, 2024

    Ex-McElroy Deutsch Exec's Subpoenas Nixed In Theft Suit

    McElroy Deutsch Mulvaney & Carpenter LLP on Friday won a New Jersey state court ruling quashing subpoenas seeking financial information, including how firm leaders use their company credit cards, that were launched by one of the former firm executives accused of stealing over $3 million from the firm when they worked there.

  • January 19, 2024

    Religious Carveout Sinks Black Ex-Minister's Bias Suit

    A New Jersey federal judge tossed a Black former minister's bias suit alleging the state's Episcopal Diocese defrocked him after he declined to help gay Nigerians find asylum in the U.S., ruling that most of his claims were nullified by a First Amendment carveout for religious organizations.

  • January 19, 2024

    3rd Circ. Sides With US Trustee In Battle For FTX Examiner

    The Third Circuit on Friday ordered the appointment of an examiner in the bankruptcy of cryptocurrency giant FTX, agreeing with the U.S. Trustee's Office that the appointment is required by law.

  • January 18, 2024

    Sons Of J&J Heiress Can't Escape Stepsister Sex Assault Suit

    Three adult sons of Johnson & Johnson heiress Mary Lea Johnson Richards can't escape claims they sexually abused their teenage stepsister from the age of 13 to 17 during the 1970s, a New Jersey federal judge ruled, saying the claims are not untimely or amended in bad faith.

  • January 18, 2024

    Linde Says 'Earnings' Isn't Ambiguous In 3rd Circ. Benefit Suit

    Linde North America told the Third Circuit this week that it shouldn't revive a retirement benefits lawsuit from the company's former general counsel-turned-whistleblower in which he claimed his former employer had ripped him off for more than $100,000 in benefits, in part because he believes ambiguity surrounds the term "earnings" in the company retirement program. 

  • January 18, 2024

    Scrub Daddy Says To Wipe That Smile Off Your Sponge

    The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.

  • January 18, 2024

    3rd Circ. Preserves $1.8M Jury Award For Resort Shareholder

    The Third Circuit on Thursday upheld a $1.8 million jury award for the estate of a doctor who accused a Costa Rican resort of shorting him on timeshare investment income, reasoning that "record evidence" backed the trial verdict. 

  • January 18, 2024

    Solar Co. Went Dark Before Poaching Deal Talks, Atty Says

    The shuttering of a solar energy company has left its counsel without a company representative to participate in an upcoming mediation over an $11 million employee poaching claim brought by a direct competitor, according to a filing in Connecticut state court.

  • January 18, 2024

    More New Yorkers Jump Into Congestion Pricing Fray

    Another group of New Yorkers, including several city councilmembers, have joined the legal battle to halt congestion pricing, alleging in a new federal lawsuit Thursday that New York City's plan to charge all drivers a fee to enter midtown Manhattan would harm local businesses and exacerbate health risks for vulnerable residents.

Expert Analysis

  • Immigration Developments For Employers To Watch

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    Major reform is a nonstarter with Congress divided, but changes to visa programs for skilled workers, employee verification and the Deferred Action for Childhood Arrivals program are among the significant immigration trends that will unfold in the coming months, says Eileen Lohmann at BAL.

  • Justices' MoneyGram Opinion Could Spur State Legislation

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    The U.S. Supreme Court’s recent decision that federal law governs the escheatment of over $250 million in unclaimed MoneyGram checks provides clarity for some issuers, but aspects of related common law remain uncertain and states may take the opportunity to pass multistate escheatment legislation, say attorneys at Alston & Bird.

  • Justices Leave Questions Open On Dual-Purpose Atty Advice

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

  • How Celsius Customers May Use Tracing To Recover Deposits

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    While the Celsius bankruptcy presents novel challenges for investors seeking to recover funds they deposited into certain accounts, it also reveals the potential of crypto tracing analysis to recover deposits and may act as a test case for investors considering similar actions in crypto bankruptcies, says Paul Hinton at The Brattle Group.

  • Retailers Should Start Preparing For Upcoming Legal Changes

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    Retailers must prepare for a slew of laws and regulations going into effect in 2023 — such as bans on fur, omnibus data protections laws, PFAS reporting, and more — to avoid being caught off guard by lawsuits and to be ready for proper compliance, say attorneys at Benesch.

  • An Update On The Eliminating Kickbacks In Recovery Act

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    In the absence of regulations and interpretive guidance from the federal government on the Eliminating Kickbacks in Recovery Act, recent case law enforcement developments provide some insight into EKRA application and likely areas of emphasis, including labs performing tests, say attorneys at K&L Gates.

  • Encouraging Labor Abuse Reports Beyond The PAGA Model

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    The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.

  • 3 Emerging Legal Risks For Hospital-At-Home Programs

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    Given the massive recent expansions of the hospital-at-home model and its potential to fundamentally shift the way inpatient facilities deliver services, health providers considering long-term adoption should learn to navigate competing state and federal requirements designed for traditional hospital admission, say Devin Cohen and Brett Friedman at Ropes & Gray.

  • 10 Evolving AI Compliance Considerations For Employers

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    As state and local laws affecting use of artificial intelligence tools in the employment lifecycle take effect this year, employers must keep several things in mind, including the U.S. Equal Employment Opportunity Commission's growing enforcement efforts in AI, say Cassandra Gaedt-Sheckter and Emily Lamm at Gibson Dunn.

  • J&J Ch. 11 Dismissal Ignores Mass Tort Bankruptcy Principles

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    The Third Circuit's recent dismissal of LTL Management's Chapter 11 petition due to insufficient financial distress — even as the Johnson & Johnson subsidiary defends thousands of tort claims — runs contrary to decades of precedent in mass tort bankruptcies, says Douglas Smith at Aurelius Law.

  • 2 Takeaways From 3rd Circ.'s J&J Bankruptcy Ruling

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    The Third Circuit's recent dismissal of J&J subsidiary LTL Management's Chapter 11 bankruptcy petition may raise difficult questions for debtors trying to prove that they are in financial distress, as practitioners will have to grapple with an amorphous financial distress standard and the termination of a preliminary injunction currently staying myriad similar lawsuits, say attorneys at Hunton.

  • Steps Lawyers Can Take Following Involuntary Terminations

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    Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.

  • 5 Ways Fed Crypto Statement Affects State Member Banks

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    Although driven by concerns about state member banks' crypto-asset activities, the Federal Reserve System's recent policy statement could also affect activities of uninsured state member banks, such as trust companies, and may even extend to state banks' noncrypto activities, say attorneys at K&L Gates.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 3rd Circ. Harassment Ruling Supports Proxy Liability Theory

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    The Third Circuit's recent decision in O'Brien v. Middle East Forum, endorsing the proxy theory of liability under Title VII for the first time, aligns the court with multiple other circuits and demonstrates that no one is above workplace prohibitions on harassment, says Kathryn Brown at Duane Morris.

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