New Jersey

  • May 18, 2018

    NJ Judge Denies Bullying Sex Assault Victim

    A New Jersey state Superior Court judge has filed a response to judicial misconduct charges, acknowledging that he asked an alleged sexual assault victim seeking a restraining order about how she fought off unwanted sex, but maintained his questions were misconstrued and taken out of context.

  • May 18, 2018

    Foley & Lardner Beats DQ In IP Suit Against Patent Atty

    There’s “no basis whatsoever” to grant slot machine game maker High 5 Games’ bid to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole the company’s trade secrets, a New Jersey federal judge ruled Friday, rejecting the plaintiff’s claims that the attorneys accused their own clients of perjury.

  • May 18, 2018

    Chemical Co. Owner Should Pay Award, 3rd Circ. Hears

    A Swiss commodities trader urged the Third Circuit on Thursday to reconsider its decision that barred the trader from targeting the co-owner of a New Jersey chemical company to enforce an arbitral award of more than $925,000 against the company, saying the panel improperly ignored evidence of fraud.

  • May 18, 2018

    Taxation With Representation: Gibson, Freshfields, Wachtell

    In this week’s Taxation with Representation, gas pipeline operator Williams swallowed up its master limited partnership Williams Partners for $10.5 billion, Enbridge acquired several of its sponsored vehicles for $8.9 billion, EQT merged its hearing aid business with Widex A/S for $8.3 billion and Zoetis snapped up Abaxis for $2 billion.

  • May 18, 2018

    3rd Circ. Won’t Rethink Cert. Denial In Owens Corning Suit

    The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.

  • May 18, 2018

    Tesla Whistleblower Suit Paused Amid Arbitration Bid

    Tesla Inc. has been pushing back on a retaliation suit in New Jersey federal court brought by a former employee who said he was demoted and ultimately fired for reporting that the company was selling damaged cars to unsuspecting customers, with the automaker claiming he’s bound by an arbitration clause.

  • May 18, 2018

    NJ Federal Judge Shortage Continues, Chief Jurist Says

    The judicial shortage in New Jersey federal court continues, with no appointments by President Donald Trump on the horizon, leaving a mounting caseload for a short-staffed bench spanning three outposts throughout the state, U.S. District Judge Jose J. Linares told his colleagues on Friday at the state bar association's convention in Atlantic City.

  • May 18, 2018

    Expert Was Qualified In Ear Med Mal Case, NJ Panel Finds

    A New Jersey appellate panel has upheld a win for doctors accused of negligently letting the root cause of a young man’s chronic ear problems go undetected, rejecting the patient’s contention that the defendants had presented an unqualified expert witness.

  • May 18, 2018

    NJ Judges Get $8K Pay Raise Under Law Signed By Gov.

    New Jersey judges will get annual pay increases of $8,000 — their first raise in almost a decade — under legislation that Gov. Phil Murphy signed into law Friday, the same day the state’s chief justice hailed his colleagues’ dedication and efforts while speaking at the state bar association convention.

  • May 17, 2018

    Attys Skeptical Of NJ Ban On Secret Sex Harassment Deals

    Pending New Jersey legislation that would bar employers from forging confidential sexual harassment settlements could be more harmful than helpful to victims, according to attorneys who spoke Thursday about how the #MeToo movement is shaping law in the Garden State and elsewhere.

  • May 17, 2018

    Training, Insurance Best Cybersecurity Tools, Panelists Say

    The biggest cybersecurity threat facing law firms and their clients is employees who innocently click on a virus and fail to safeguard their passwords, making training and good insurance key necessities in the digital age, according to panelists who spoke at the New Jersey State Bar Association convention Thursday.

  • May 17, 2018

    Kraft Unit Must Pay Tax On $934M Interest, NJ Panel Says

    A Kraft Foods Inc. subsidiary was not entitled to deduct from its taxable income over two years about $934 million in interest payments it made to its Chicago-based parent company, a New Jersey state appeals court said Thursday in upholding a decision in favor of state tax regulators.

  • May 17, 2018

    Ex-NJ Lab Workers Sentenced In $100M Bribery Scheme

    Four former sales employees of a blood testing lab were slammed with prison sentences and another ex-salesman received probation Thursday in New Jersey federal court for taking part in a bribery scheme that netted more than $100 million in Medicare and private insurance dollars for the business.

  • May 17, 2018

    NJ Says History Shows It Never Formally Recognized Tribe

    New Jersey’s attorney general on Wednesday told a federal judge that a push by the Nanticoke Lenni-Lenape Tribal Nation for an early win on its allegations that the state improperly refused to recognize the tribe should fail, saying history proved its view of the tribe was consistent.

  • May 17, 2018

    Firms Score Big Win In NJ Sports Betting Ruling, Attys Say

    The U.S. Supreme Court's decision Monday to allow sports betting in New Jersey signals a jackpot for gambling attorneys in the Garden State and beyond as clients flock to them for help capitalizing on business opportunities arising from this new frontier in gambling and navigating the new laws and regulations bound to follow, a panel of experts said Thursday.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Auto Service Contract Clause Nixes Class Action: Panel

    A New Jersey state appeals court on Thursday upended a trial court ruling allowing a putative consumer fraud class action against a vehicle warranty business to proceed, saying an arbitration clause in the customer's service contract clearly shows he waived his right to sue.

  • May 17, 2018

    Celebrity Chef Ran Restaurants Like Ponzi Scheme, Suit Says

    A New Jersey couple who invested in a celebrity chef’s now-shuttered New York City restaurant has sued him for allegedly depriving investors of payouts by moving cash into his restaurant group, according to documents folding the suit into bankruptcy proceedings filed in New Jersey federal court Wednesday.

  • May 17, 2018

    Florida Pizza Shop Beats NJ In Highway Trademark Fight

    The Trademark Trial and Appeal Board has ruled that New Jersey can’t block a small Florida pizza chain from registering a logo that mimics signs for the Garden State Parkway, the state’s latest loss in a yearslong trademark dispute with the company.

  • May 17, 2018

    Cigna Gets Podiatry Group's ERISA Suit Booted From Court

    Cigna Health and Life Insurance Co. doesn't have to face an Employee Retirement Income Security Act suit from a New Jersey podiatry group alleging that the insurer shortchanged it on medical claims, after a New Jersey federal judge ruled on Wednesday that the medical provider didn't plead enough specifics to support its case.

Expert Analysis

  • 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.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.