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New Jersey
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
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May 22, 2024
Cancer Patients Target J&J Talc Unit's Asset Shuffles
Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Nokia Can't Escape Suit Alleging Costly 401(k) Investments
Nokia must face a proposed class action alleging it failed to keep the costs of its employee 401(k) plan in check, a New Jersey federal judge said Wednesday, finding the plan participants leading the suit provided enough detail to back up their claims of costly investment options.
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May 22, 2024
Axon Says Deal Saved 'Vital' Services In Antitrust Case
Axon Enterprise Inc. is looking to toss allegations that it monopolized the Taser and body-worn camera markets, arguing that its acquisition of a body camera supplier preserved vital services for police departments while a trio of municipalities said the deal resulted in higher prices.
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May 22, 2024
Stryker Agrees To Settle Calif. Misclassification Suit
Medical device company Stryker told a California federal court Wednesday it has agreed to settle a proposed class action accusing it of misclassifying workers as overtime-exempt and failing to pay them overtime during their mandatory training.
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May 22, 2024
NJ Panel Revives Town IT Chief's Whistleblower Suit
A New Jersey trial court wrongly granted summary judgment to the Borough of Ridgefield in a whistleblower suit claiming wrongful termination, an appeals panel ruled Wednesday, saying the lower court too readily accepted the municipality's argument that the firing was for economic reasons.
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May 22, 2024
Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case
Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.
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May 22, 2024
NJ Law Firm Sued For Allegedly Botching Med Mal Action
New Jersey law firm Bramnick Rodriguez Grabas Arnold & Mangan LLC has been hit a legal malpractice lawsuit in state court from a former client alleging the firm botched a medical malpractice action by failing to submit an expert report.
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May 22, 2024
Deal Reached In Dispute Over Seward & Kissel Call Logs In NJ
The billionaire founder of hedge fund Two Sigma Investments LP agreed this week to allow records of his communications with Seward & Kissel LLP, with some limitations, to be turned over to his wife, who is suing the firm, alleging that it helped cheat her out of billions in the couple's ongoing divorce.
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May 22, 2024
NJ Atty Faces Fla. Suspension Over Sale Of $1.6M Painting
An attorney suspended for one year in New Jersey last year for smuggling a $1.6 million painting out of his house to avoid an asset sale has agreed to a guilty plea accepting another yearlong suspension in Florida related to the scheme.
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May 21, 2024
Quarry Not Liable For Dirt Bike Accident, NJ Panel Says
The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.
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May 21, 2024
Wawa, Sherwin-Williams Beat Paint Slip-And-Fall Suit
Gas station chain Wawa Inc. and paint maker Sherwin-Williams Co. can't be held liable for injuries a New Jersey man sustained after slipping on a yellow parking lot line, a state appeals court ruled, calling the plaintiff's expert report "speculative and unsupported" by the facts.
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May 21, 2024
MetLife Workers Tell 3rd Circ. Higher Premiums Give Standing
A group of MetLife Group Inc. retirees insisted to the Third Circuit on Tuesday that they would have had lower health insurance premiums had MetLife not kept millions in pharmacy rebates, and that MetLife's actions gave them standing to sue — or at least to seek more information on how the company should spend the money.
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May 21, 2024
Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit
Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.
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May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit
The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
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May 21, 2024
Conn. Atty Denies Involvement In $1.4M Transfer Scam
Connecticut attorney Carole W. Briggs has issued a sweeping, albeit untimely, denial of the allegations in a lawsuit filed by a New Jersey real estate developer in Connecticut federal court that accused her of playing a role in a business email compromise scam that stole $1.4 million.
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May 21, 2024
$93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division
Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.
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May 21, 2024
NJ AG Starts Antitrust Section To Protect 'Fair Competition'
New Jersey will establish an Antitrust Litigation and Competition Enforcement Section, a new, permanent, stand-alone section within the Division of Law, to solidify the state's ability to enforce antitrust laws and ensure fair competition, the state announced Tuesday.
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May 21, 2024
Found Document Is Key To New Malpractice Dismissal Bid
The discovery of a crucial document has emerged as the linchpin of Nurick Law Group LLC's third attempt to argue that a former client's malpractice claim should be dismissed from New Jersey court.
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May 21, 2024
Longtime NJ Election Watchdog Atty Named Exec Director
New Jersey's Election Law Enforcement Commission tapped an attorney with a 19-year tenure at the agency, including serving as acting legal director since 2023, to serve as its new executive director, according to a Tuesday announcement.
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May 21, 2024
New NJ Superior Court Judge, 4 Returning Jurists Confirmed
New Jersey has gained a new Superior Court judge in Monmouth County at a state Senate session that also saw four current Superior Court judges, including one family division presiding judge, reappointed to the bench.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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The Shifting Landscape Of Physician Disciplinary Proceedings
Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.