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New Jersey
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March 20, 2024
Retired NJ Judge Talks Courts' Role In Preserving Democracy
Retired U.S. District Judge Noel Hillman, who is now leading Gibbons PC’s alternative dispute resolution group, joined Law360 Pulse for a conversation about his return to private practice and how the judiciary branch is largely responsible for maintaining “the greatest democracy in the world.”
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
NJ Town Exits Eagles Fan's Battery Suit Over QB's Football
A Philadelphia Eagles fan has dropped the town of East Rutherford, New Jersey, from his suit claiming he was battered at MetLife Stadium after quarterback Jalen Hurts gave him a game ball, but the other defendants are still on the hook, according to court documents.
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March 20, 2024
Counterclaim Tossed In Attys' Fight Over Broken Biz Alliance
A federal judge has handed one victory in a larger battle to a lawyer and his Philadelphia-based law firm suing another attorney over a business relationship gone south, agreeing that a counterclaim from the defendant for breach of contract can't stand.
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March 20, 2024
Former Rutgers GC Tapped As New President Of American U.
A former top attorney for Rutgers University in New Jersey and onetime associate with Morgan Lewis has a new title elsewhere in the world of higher education — president of American University.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
New York Red Bulls GC Now Also Soccer Team's HR Chief
The general counsel of the New York Red Bulls has been promoted to also serve as chief administrative officer of the Major League Soccer team, which plays its home games in New Jersey, the team announced this week.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Nevada Dem. Says She Can't Support 3rd Circ. Nom.
U.S. Sen. Catherine Cortez Masto, D-Nevada, on Tuesday became the first Democrat to publicly say she cannot support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge, if confirmed.
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March 19, 2024
CFTC Decries Forex Firm's 'Strong-Arm' Sanctions Bid
The U.S. Commodity Futures Trading Commission has admitted in a court filing that it made an error in a lawsuit accusing a foreign exchange firm of defrauding its customers but said the now-corrected error does not merit sanctions, and the defendants appear to be abusing the sanctions process to "strong-arm" their way into a better settlement.
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March 19, 2024
Feds, NY Residents Spar Over Congestion Pricing Battle
Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.
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March 19, 2024
SEC's Naked Short-Selling Suit Against NJ Firm To Continue
A New Jersey federal judge has ruled the U.S. Securities and Exchange Commission can largely proceed with its case against a trader and his firm accused of reaping $2 million from an illegal short-selling scheme, but said it cannot seek civil penalties for alleged trading that occurred in three securities.
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March 19, 2024
NBA Fraudster Dodges Prison After Cooperation, Testimony
A former NBA shooting guard avoided prison Tuesday for participating in a $5 million retiree healthcare fraud scheme after Manhattan federal prosecutors lauded his assistance and testimony at a trial this past fall.
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March 19, 2024
Skin Care Drug Co. Can Ask Creditors To OK Ch. 11 Plan
A Delaware bankruptcy judge said Tuesday she will give a debtor formerly known as Timber Pharmaceuticals Inc. permission to send its Chapter 11 plan out for a vote by the dermatology drug developer's creditors, after counsel for the company explained it had expanded the creditors' ability to opt out of the plan's claim releases.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
NJ Family Atty Suspended For Sexual Relationship With Client
The New Jersey Supreme Court has handed down a one-year suspension to a divorce attorney for having a sexual affair with a client while representing her in a divorce case and manipulating her despite knowing that the client suffered from depression because of a previous car accident.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
3rd Circ. Says CFPB Can Go After Student Loan Trusts
The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 18, 2024
Judge Irked, Pols Riled In 9-Hour NJ Ballot Design Fight
A bid by New Jersey Congressional candidates to strike the state's controversial "county line" ballot design unfolded Monday during a nine-hour courtroom showdown highlighted by a judge's impatience with the proceeding's pace and his irritation with the attorney general's willingness to criticize the layout while refusing the join the case.
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
NJ Panel Upholds Right Of Towns To Regulate Cannabis
A New Jersey town has the right to withhold support for a cannabis retailer seeking a state license to sell marijuana, saying that the municipality has the authority to determine location and density requirements for retail businesses selling pot, a three-judge state appellate panel said in a published opinion Monday.
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March 18, 2024
Seton Hall Aims To Erase Ex-President's 'Sensational' Suit
Seton Hall University has called on a New Jersey state court to throw out its former president's claims he was forced out for blowing the whistle on alleged misconduct by former board chair and prominent criminal defense attorney Kevin Marino, saying the suit is "what can best be described as gamesmanship, and at worst sheer dishonesty."
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March 18, 2024
NJ Vacancy Crisis Is 'Over' With 12 New Judges Confirmed
The leader of the New Jersey Senate said Monday that the state's judicial vacancy crisis has been declared "over" after senators confirmed 12 new judges for the Superior Court and approved two sitting judges to remain on the bench, bringing the number of judicial vacancies to their lowest level in about five years.
Expert Analysis
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An Employer's Overview Of AI Legislation In 5 Jurisdictions
Many employers are likely aware of the July 5 enforcement date for New York City's artificial intelligence law, but there are also proposals in Massachusetts, New York, New Jersey, Vermont and Washington, D.C., and a comparison illustrates the emerging legislative trends for AI employment decision tools, say attorneys at Gibson Dunn.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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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.