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New Jersey
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March 19, 2024
SEC's Naked Short-Selling Suit Against NJ Firm To Continue
A New Jersey federal judge has ruled the U.S. Securities and Exchange Commission can largely proceed with its case against a trader and his firm accused of reaping $2 million from an illegal short-selling scheme, but said it cannot seek civil penalties for alleged trading that occurred in three securities.
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March 19, 2024
NBA Fraudster Dodges Prison After Cooperation, Testimony
A former NBA shooting guard avoided prison Tuesday for participating in a $5 million retiree healthcare fraud scheme after Manhattan federal prosecutors lauded his assistance and testimony at a trial this past fall.
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March 19, 2024
Skin Care Drug Co. Can Ask Creditors To OK Ch. 11 Plan
A Delaware bankruptcy judge said Tuesday she will give a debtor formerly known as Timber Pharmaceuticals Inc. permission to send its Chapter 11 plan out for a vote by the dermatology drug developer's creditors, after counsel for the company explained it had expanded the creditors' ability to opt out of the plan's claim releases.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
NJ Family Atty Suspended For Sexual Relationship With Client
The New Jersey Supreme Court has handed down a one-year suspension to a divorce attorney for having a sexual affair with a client while representing her in a divorce case and manipulating her despite knowing that the client suffered from depression because of a previous car accident.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
3rd Circ. Says CFPB Can Go After Student Loan Trusts
The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 18, 2024
Judge Irked, Pols Riled In 9-Hour NJ Ballot Design Fight
A bid by New Jersey Congressional candidates to strike the state's controversial "county line" ballot design unfolded Monday during a nine-hour courtroom showdown highlighted by a judge's impatience with the proceeding's pace and his irritation with the attorney general's willingness to criticize the layout while refusing the join the case.
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
NJ Panel Upholds Right Of Towns To Regulate Cannabis
A New Jersey town has the right to withhold support for a cannabis retailer seeking a state license to sell marijuana, saying that the municipality has the authority to determine location and density requirements for retail businesses selling pot, a three-judge state appellate panel said in a published opinion Monday.
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March 18, 2024
Seton Hall Aims To Erase Ex-President's 'Sensational' Suit
Seton Hall University has called on a New Jersey state court to throw out its former president's claims he was forced out for blowing the whistle on alleged misconduct by former board chair and prominent criminal defense attorney Kevin Marino, saying the suit is "what can best be described as gamesmanship, and at worst sheer dishonesty."
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March 18, 2024
NJ Vacancy Crisis Is 'Over' With 12 New Judges Confirmed
The leader of the New Jersey Senate said Monday that the state's judicial vacancy crisis has been declared "over" after senators confirmed 12 new judges for the Superior Court and approved two sitting judges to remain on the bench, bringing the number of judicial vacancies to their lowest level in about five years.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
NJ Official Says Court System Can't Avoid Harassment Suit
A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.
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March 15, 2024
Man Accused Of Cyberstalking NJ Judge Seeks Release
A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
DC Circ. Presses FERC On Justification For Pipeline Expansion
A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.
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March 15, 2024
Military Subcontractor Says Partner Tried To Poach Work
A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.
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March 15, 2024
White House Stands By 3rd Circ. Nominee Amid GOP Attacks
White House Press Secretary Karine Jean-Pierre on Friday urged the Senate to confirm Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge, amid widespread criticism from Republicans and a report that the votes might not be there to secure confirmation.
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March 15, 2024
Senate Poised To Vote On Union Atty Berner For 4th Circ.
The U.S. Senate is scheduled to vote on Tuesday night on the confirmation of Nicole Berner, general counsel of the Service Employees International Union, for the Fourth Circuit.
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March 15, 2024
NJ Panel Says Pro Se Attys Can Talk To Opposing Parties
An ethics committee of the New Jersey Supreme Court has issued an opinion that pro se attorneys may talk to a party without consent of that party's counsel, calling the American Bar Association's 2022 finding that such communication breaks a rule of professional conduct a "tortured and counterintuitive construction" of the rule.
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March 15, 2024
$3B In Employment Tax Credits Claimed In Scheme, Feds Say
Three New Jersey men who said they were leaders of religious and charitable organizations fraudulently claimed nearly $3 billion in employment tax credits from a federal pandemic loan program, according to a criminal complaint filed in New Jersey federal court.
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March 15, 2024
Camden Diocese Gets OK For Ch. 11 Plan On 4th Attempt
The Roman Catholic Diocese of Camden has won approval from a New Jersey bankruptcy judge for its plan to settle sexual abuse claims for $87.5 million after three prior versions of the plan were rejected over insurance carrier objections.
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March 14, 2024
DraftKings Gets PTAB To Ax Claims In 5 Gaming Patents
The Patent Trial and Appeal Board has found a host of claims across numerous peer-to-peer gaming patents weren't valid, handing a win to challenger DraftKings Inc. as part of a larger intellectual property fight.
Expert Analysis
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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What Justices' Loper Bright Ruling Will Mean For Chevron
The U.S. Supreme Court's recent decision to hear Loper Bright Enterprises v. Raimondo will ultimately have big consequences for agencies' interpretations of ambiguous statutory language, whether the court lets Chevron deference stand, overturns it entirely, or crafts a new contextual standard, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Less Cyber Coverage, More Compliance Risk For Cos.
Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit
Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.
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Working From Home? Beware Insider Trading, Tipping Risks
The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Md. Abuse Law Makes Past Liability Coverage Review Vital
Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.