New Jersey

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    Panel Backs Tossing Of Eli Lilly, Bayer Drug Marketing Suits

    A New Jersey state appeals court on Friday upheld the tossing of two lawsuits accusing Bayer Corp. and Eli Lilly & Co. Inc. of engaging in "unlawful marketing schemes" leading to false claims submissions to government healthcare programs, finding the cases did not meet the "public disclosure bar."

  • March 01, 2024

    Amazon Seller Can Tap DIP Funds, Aims For Quick Ch. 11

    A New Jersey bankruptcy judge allowed Amazon aggregator Thrasio Holdings Inc. to tap into $35 million of its $360 million post-petition financing package on Friday, over objections from a bankruptcy watchdog, and approved other measures that will allow the third-party seller to continue hawking pillows, cocktail shakers, hiking poles and hundreds of other goods online through its Chapter 11 case.

  • March 01, 2024

    Enviro Group Loses Challenge To NJ Wind Farm Plan

    A New Jersey federal judge has tossed a challenge by a Garden State advocacy group and its founder to two offshore wind projects, including Orsted A/S' now-scrapped plan, ruling that the group failed to show how it is actually injured.

  • March 01, 2024

    NJ Firm Loses Early Bid To Toss Atty's Fee-Split Row

    A New Jersey state judge on Friday refused to toss an attorney's claims that she's entitled to a nearly $425,000 cut of a foreclosure case settlement from when she served as an of counsel for Katz & Dougherty LLC, ruling that the firm's dismissal motion targeting an alleged "made-up" contract was premature.  

  • March 01, 2024

    Golf Club Settles Claims Trump Atty Illegally Pushed NDA

    A Trump Organization golf club has settled a former server's claims that she was illegally induced to sign a nondisclosure agreement by one of Donald Trump's lawyers, Alina Habba, reopening the door for the ex-employee to pursue claims that she was sexually harassed on the job.

  • March 01, 2024

    Menendez Associate Pleads Guilty In Bribe Case

    A New Jersey insurance broker pled guilty Friday to bribing Sen. Bob Menendez and his wife, Nadine, by buying her a Mercedes-Benz convertible, under an agreement to cooperate with federal prosecutors.

  • March 01, 2024

    Walsh Pizzi Adds 2nd Retired NJ Federal Judge To ADR Group

    Walsh Pizzi O'Reilly Falanga LLP announced Friday that it has strengthened the firm's mediation and arbitration lineup with former U.S. Magistrate Judge Douglas Arpert, marking the second time in recent years that the firm has brought on a retired New Jersey federal magistrate judge.

  • February 29, 2024

    NJ Gaming Enforcer Cashes Out, Retiring After 13 Years

    After guiding New Jersey's gambling industry through 13 years of change, including the start of legal internet casino gambling and sports wagering, David L. Rebuck is retiring as director of the state's Division of Gaming Enforcement, or DGE, Attorney General Matthew J. Platkin announced Thursday.

  • February 29, 2024

    Sunscreen Can't Be 'Waterproof,' Suit Says

    MISSHA and A'pieu sunscreen customers have told a New Jersey federal judge that the claims by the company behind those brands that its products are "waterproof" don't hold up, because in fact the sunscreen that doesn't wash away eventually does not exist.

  • February 29, 2024

    Children's Clothing Co. Overstated Sales Prospects, Suit Says

    Children's clothing retailer and wholesaler The Children's Place artificially inflated stock prices by overstating sales guidance and concealing its promotion strategy, damaging investors when disappointing financial results and a guidance-cut announcement led to a share decline, according to a recent proposed class action.

  • February 29, 2024

    Judge OKs $6M Settlement In BMW Emissions Suit

    A federal judge in New Jersey has signed off on a $6 million deal between BMW and drivers of two models who claimed the vehicle-maker unfairly beat emissions testing with specific kinds of software.

  • February 29, 2024

    NJ Towns Can't Sue Netflix, Hulu For Fees, 3rd Circ. Says

    Two New Jersey municipalities cannot sue Netflix and Hulu for franchise fees under the state's Cable Television Act, the Third Circuit held Thursday in a precedential opinion, saying the state statute reserves enforcement of the law to the state Board of Public Utilities.

  • February 29, 2024

    Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit

    Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."

  • February 29, 2024

    Ex-McElroy Deutsch Exec Seeks Docs In NJ Retaliation Suit

    A former McElroy Deutsch Mulvaney & Carpenter LLP executive, who is accused with her husband of stealing more than $3 million from the firm, has taken up another discovery fight in her lawsuit against the firm, arguing she should have access to memos from the exit interviews of ex-employees alleging gender disparities at the firm.

  • February 29, 2024

    Amazon Seller Thrasio Seeks $360M DIP Facility In Ch. 11

    Thrasio Holdings Inc., which aggregates third-party brands for sale on Amazon, has urged a New Jersey bankruptcy court to sign off on an agreement the company struck with lenders to finance the consumer goods business' Chapter 11 case to the tune of $360 million.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

  • February 28, 2024

    Retainer Signature Dispute Ends In Nixing Of NJ Billing Suit

    A New Jersey law firm cannot pursue claims for unpaid bills against the operators of a nursing home it once represented, an appellate panel has ruled, upholding a trial court's finding that, because the individuals did not sign a retainer agreement as individuals, they cannot be personally liable.

  • February 28, 2024

    NY Bar Assoc. Building Owner Hits Ch. 11 Amid Lender Tiff

    The company that controls the historic New York County Lawyers Association Building in Manhattan petitioned a New Jersey bankruptcy court for Chapter 11 protection Wednesday, estimating between $50 million and $100 million in debt, as it faces in New York a roughly $28 million lawsuit leveled by a mortgage lender.

  • February 28, 2024

    NJ County Clerks Raise Concerns About Ballot Lawsuit

    Four New Jersey county clerks responded Wednesday to a lawsuit filed by U.S. Senate candidate Andy Kim and two others challenging the fairness of the election ballot layout, saying that "at this late date in the process" any changes to procedures "will have cascading and rippling effects on the election, officials, candidates and voters."

  • February 28, 2024

    4 Firms Plan To Co-Lead Suboxone Dental Decay MDL

    Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.

  • February 29, 2024

    Judge's Ethics Case Over Aide's Remote Work Raises Doubts

    An ethics complaint against a New Jersey state judge for allowing his secretary to work remotely shows Garden State jurists are on a short leash in running their chambers, but the unusual case has left some questioning whether the conduct merits disciplinary charges.

  • February 28, 2024

    US Trustee Taps Ex-Prosecutor To Be FTX Examiner

    The U.S. Trustee's Office has urged a Delaware bankruptcy judge to allow Robert Cleary, a former U.S. attorney who is now with Patterson Belknap Webb & Tyler LLP, to investigate FTX's finances as an examiner in the defunct cryptocurrency company's Chapter 11 case.

  • February 28, 2024

    3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row

    Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.

Expert Analysis

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Fintech-Bank Partnerships Hold Potential, But Tread Carefully

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    A study recently released by the Federal Reserve Board highlights the federal preemptions that financial technology lenders can take advantage of to lend profitably in certain states, though fintech-bank partnerships face some regulatory challenges as well, say attorneys at Venable.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • NJ Law Reinforces States' Stance Against Card Surcharges

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    A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

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