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New Jersey

  • May 25, 2018

    Biz’s Co-Founder On Hook For $1.9M Tax Bill, 3rd Circ. Says

    The Third Circuit on Friday upheld a $1.9 million judgment against the co-founder of a woodwork fabrication company accused of underpaying three years’ worth of federal payroll taxes, ruling that he had enough control of the business to render him responsible for paying up.

  • May 25, 2018

    NJ Racetrack Wants $3.4M Bond After Sports Betting Win

    A New Jersey racetrack urged a federal court Thursday to order four professional sports leagues and the NCAA to pay $3.4 million plus interest for launching yearslong litigation that blocked it from taking sports bets until a recent U.S Supreme Court decision, estimating the injunction cost it almost $150 million in lost revenue.

  • May 25, 2018

    Architect's Testimony OK'd In Liberty Mutual Coverage Row

    A New Jersey appeals court on Friday lifted limits on an expert's testimony in a general contractor's suit seeking coverage for settlements over home construction defects from a pair of Liberty Mutual insurance subsidiaries, saying there is no evidence the architect's claims regarding water damage were baseless.

  • May 25, 2018

    Go Easy On The SALT Workarounds, Study Warns Treasury

    A nonpartisan report warned the U.S. Treasury Department that the charitable donation workaround plans targeting the $10,000 cap on state and local tax deductions would be hard to regulate effectively, concluding that Congress is the best vehicle for addressing the issue.

  • May 25, 2018

    Fired Recruiter Must Arbitrate Bias Claim In NY: NJ Court

    The New Jersey Appellate Division ruled Friday that a fired hospital recruiter must arbitrate his discrimination claim in New York state because the arbitration clause and forum selection provision in his work contract "clearly and unambiguously" specified as much.

  • May 24, 2018

    Judge Won't Review Cert. Denial In Tropicana False Label Suit

    A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.

  • May 24, 2018

    CEO Convicted Of Lying To SEC About Gov't Contracts

    The CEO of a microcap business that makes recreational vehicle products was found guilty by a New Jersey federal jury for a multimillion-dollar securities fraud scheme in which he inflated his company's financial state to woo investors, federal prosecutors announced Thursday.

  • May 24, 2018

    SALT Cap Enforcement May Mean Years Of Tax Limbo

    The U.S. Treasury Department is positioning itself to challenge states’ attempts to help constituents bypass the new federal limit on tax deductions, and taxpayers can expect years of uncertainty if the two sides — each facing difficulties justifying their viewpoints — go to court.

  • May 24, 2018

    Investors Can’t Stop Celeb Chef From Bankruptcy Filing

    Celebrity chef Jose Garces can keep some of his Philadelphia restaurants under Chapter 11 protection as he gears up to present a stalking horse deal to the bankruptcy court next week, a New Jersey judge has said, rejecting investors’ claims that he lacked the authority to do so.

  • May 24, 2018

    Howmedica's Decade Of Misconduct Won Zimmer $13M Fees

    A New Jersey federal judge ordered Howmedica to pay Zimmer Biomet $13.3 million in attorneys’ fees as part of a long-running patent dispute because Howmedica repeatedly misled the U.S. Patent and Trademark Office and spent 10 years pursuing claims it knew were baseless, according to an opinion made public Wednesday.

  • May 24, 2018

    NJ Atty General Vows To Defend SALT Workaround In Court

    New Jersey’s attorney general told the Internal Revenue Service on Thursday the state would challenge any guidance that could damper legislative attempts to sidestep the new federal tax law’s $10,000 limit on state and local tax deductions.

  • May 24, 2018

    Live Nation Must Face Trimmed Suit From Concert Promoters

    Live Nation Entertainment Inc. must face a New Jersey federal lawsuit from concert promoters alleging the business interfered with their efforts to stage an electronic dance music event at the 2011 New Jersey State Fair, a judge has said in upholding most of the claims.

  • May 24, 2018

    Chinese Co.'s Suit Over GSK Probe Tied To US, 3rd Circ. Told

    A pair of consultants who alleged that they landed in a Chinese prison after GlaxoSmithKline LLC duped them into investigating an innocent whistleblower told the Third Circuit on Thursday that they meet the “domestic injury” requirement for filing a federal racketeering claim because their business is closely tied to the United States even though it is located in China.

  • May 24, 2018

    Hatch-Waxman Post-TC Heartland: What You Need To Know

    The U.S. Supreme Court's TC Heartland decision, which limited where patent lawsuits can be filed, has led to a bump in cases over generic drugs in Delaware while raising some legal questions and strategic issues for pharmaceutical companies.

  • May 24, 2018

    NJ Justices To Review Atty Role In Turnpike Suit Notice

    The New Jersey Supreme Court has agreed to review a state appellate opinion that denied a widow the ability to sue the state's Turnpike Authority over a crash that killed her husband and daughter because her first attorney had failed to notify the agency of the claim in a timely manner.

  • May 24, 2018

    Kirkland Guides LNK's $100M Investment In Dermatology Biz

    Private equity firm LNK Partners, with assistance from legal adviser Kirkland & Ellis LLP, has agreed to inject $100 million into Schweiger Dermatology Group to help the dermatology practice expand throughout the Northeast, according to a Thursday statement.

  • May 23, 2018

    J&J Talc Supplier Challenges Evidence In $117M Verdicts

    Attorneys sparred Wednesday in New Jersey state court over a defense bid to toss verdicts totaling $117 million in damages against Johnson & Johnson and its talc supplier, Imerys Talc America Inc., on the grounds that a man’s decades-long exposure to the pharmaceutical giant’s asbestos-containing talcum powder contributed to his mesothelioma.

  • May 23, 2018

    New Renewable Energy Standard Set For NJ Under Bill

    New Jersey Gov. Phil Murphy on Wednesday signed legislation that would establish a new renewable energy standard and made several moves designed to cut down on greenhouse gas emissions in the state, including signing an executive order to reach 100 percent clean energy use by 2050.

  • May 23, 2018

    Gov't Auction Bidders Are Public Record, NJ Justices Rule

    The New Jersey Supreme Court ruled Wednesday that the names and addresses of government property auction bidders are not shielded by the privacy protections of the state’s public records law because the auctions themselves are public events, not private ones.

  • May 23, 2018

    Atty Conflict Sends NJ Tax Break Dispute Back To Court

    The New Jersey Appellate Division on Wednesday ruled that a trial court must review the fairness of a tax break Orange Township granted for an affordable housing project, given that a conflict of interest was posed by a law firm’s representation of both the municipality and the developer.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Sports Bet Decision Reveals Hidden Preemption Requirement

    Lawrence Ebner

    In holding that the Professional and Amateur Sports Protection Act’s anti-authorization provision is not a preemption provision, the U.S. Supreme Court's decision this week in Murphy v. NCAA provides a fascinating, and potentially far-reaching, clarification of the nature of federal preemption, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.