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New Jersey
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February 23, 2024
Rutgers Law Students Rip Classmate's Bias Suit Subpoenas
A pair of Rutgers Law School students asked a New Jersey state court to shut down subpoenas they received as part of a classmate's suit accusing the school of antisemitic bias for opening a disciplinary investigation against him after he spoke out against the same pair of students for allegedly spreading antisemitism.
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February 23, 2024
Ex-Professor Atty Hits NJ University With Retaliatory Firing Suit
New Jersey City University has been slammed with a lawsuit in state court from an attorney and former professor who claims he was demoted and then fired in retaliation for reporting that a former university official allegedly sexually harassed a student.
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February 23, 2024
ACLU Kicks Off Clemency Project To Reduce NJ Incarceration
The American Civil Liberties Union of New Jersey has launched a new initiative aimed at reducing sentences for incarcerated victims of domestic violence and people facing extreme trial penalties, advocating for a framework that calls on the governor to holistically consider injustices facing those groups of people when making decisions on clemency.
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February 23, 2024
Ex-Software Co. Worker Axed For Unpaid Wage Ask, Suit Says
A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.
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February 22, 2024
YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory
A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.
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February 22, 2024
NYC Doc Charged Over $20M Lab-Fraud Kickback Scheme
A federal grand jury in New Jersey has returned an indictment charging a medical doctor with receiving kickbacks in exchange for ordering medically unnecessary tests from lab companies that submitted roughly $20.7 million in false Medicare claims, the U.S. Department of Justice announced.
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February 22, 2024
3rd Circ. Won't Protect AbbVie's Atty-Client Communications
The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.
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February 22, 2024
Fire Product Makers Try To Move PFAS Suit To Fed. Court
A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.
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February 22, 2024
AI Software Co. Hasn't Actually Developed AI, Suit Says
Software and data engineering company Innodata Inc. has been hit with a proposed class action alleging its stock price dropped more than 30% after a financial research firm published a report saying its promised artificial intelligence technology is "smoke and mirrors" and that its marketing claims are like "putting lipstick on a pig."
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February 22, 2024
Bumble Reaches $315K Settlement In Criminal Screening Case
Dating app company Bumble has agreed to pay $315,000 and change its business practices to settle claims brought by New Jersey Attorney General Matthew Platkin that it failed to disclose its criminal background-check screening policies.
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February 22, 2024
NJ Public Defender Gets Partial Win In Atty's Bias Case
A New Jersey state judge on Thursday tossed several allegations against the state's Office of the Public Defender in a suit brought by a former employee alleging that she was forced to resign because of discrimination and a hostile work environment, ruling that she failed to provide the state agency with proper notice of her complaint.
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February 22, 2024
B. Riley Stands By Franchise Group Deal After Internal Review
B. Riley Financial reaffirmed its commitment to the $2.6 billion take-private deal for Franchise Group Inc. despite the misconduct of former Franchise Group CEO Brian Kahn, saying on Thursday that its audit committee determined through a nine-week internal review that B. Riley had no knowledge of or involvement in the misconduct.
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February 21, 2024
TD Bank Customers Seek OK On $32.2M Overdraft Fee Deal
A class of TD Bank customers asked a New Jersey federal judge Wednesday for her preliminary approval of a $21.97 million deal over allegedly improper overdraft fees in debit card transactions, plus $10.25 million in reductions to outstanding balances for accounts that were closed with amounts due to the bank.
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February 21, 2024
'No Theft' Of Eagles Lyrics, Trio Says As NY Trial Opens
Three men accused of trying to sell stolen draft lyrics from the classic Eagles album "Hotel California" told a New York state judge presiding over their criminal bench trial on Wednesday that there was "no theft" and that prosecutors owed them an apology.
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February 21, 2024
3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker
The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.
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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
SPAC Boom Costs Auditor $2M In PCAOB Fine
New Jersey-based auditing firm WithumSmith+Brown PC was sanctioned with a $2 million fine Wednesday by the Public Company Accounting Oversight Board, which accused the company of taking on more work than it could handle as the market for special purpose acquisition companies boomed.
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February 21, 2024
CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing
Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.
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February 21, 2024
Rite Aid Gets OK To End Former Queens Store Lease
Rite Aid Corp. was given permission Wednesday to reject a lease and sublease for a former store in Queens, New York, after a New Jersey bankruptcy judge found that doing so would benefit the debtor's estate.
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February 21, 2024
Scammer Freed By Trump Indicted On New Charges
A previously convicted scammer whose sentence was commuted by former President Donald Trump has been indicted by a grand jury on new charges that he began running multiple rackets, including a fraudulent aid-for-Ukraine scheme, shortly after leaving prison, New Jersey's top federal prosecutor said.
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February 21, 2024
3rd Circ. Kicks Data Privacy Suit Against Penn To State Court
A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.
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February 21, 2024
Novel Ruling Finds NJ Prosecutor Conflict Doesn't DQ Office
Addressing a case of first impression, a New Jersey appellate panel turned to case law in other states in concluding Wednesday that a supervising prosecutor's personal conflict does not automatically disqualify the entire office.
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February 21, 2024
Rutgers Seeks Trim Of Suit Alleging Antisemitic Discrimination
Rutgers University is seeking to pare down a law student's lawsuit alleging antisemitic discrimination by asking a New Jersey state court to strike nearly 60 paragraphs of allegedly irrelevant allegations from the complaint and to dismiss claims against the law school and several individual defendants.
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February 21, 2024
Atlantic City Hotels Want Room Rate Suit Tossed
Atlantic City casinos said on Tuesday a suit alleging they conspired to inflate room rates should be tossed, arguing it doesn't show there was any kind of agreement between the casinos and that its claims are partially time-barred.
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February 21, 2024
3rd Circ. Lets J&J Appeal Class Cert. In Talc Concealment Suit
Johnson & Johnson can appeal a New Jersey federal court's class certification order from December, the Third Circuit ruled Wednesday, in an investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products.
Expert Analysis
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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.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.