New Jersey

  • May 24, 2017

    NJ High Court Remands Enviro Cleanup Coverage Row

    The New Jersey Supreme Court has ordered the state's Appellate Division to revisit its decision that a property owner may pursue litigation against insurers over environmental cleanup coverage under policies issued to a bankrupt former owner, saying that finding should be re-evaluated based on a Supreme Court opinion on post-loss claim assignments.

  • May 24, 2017

    Feds Drop Charges In $30M Pump-And-Dump Row, Cite Ruling

    A federal prosecutor told a New Jersey federal judge Wednesday that the government is dropping criminal charges against an investment adviser in a more-than-$30 million stock market manipulation scheme in light of a ruling dismissing charges in a separate securities fraud case on statute of limitations grounds.

  • May 24, 2017

    Ex-Heritage Execs To Help States Probe Drug Price-Fixing

    Two former Heritage Pharmaceuticals Inc. executives have agreed to cooperate with 41 states in their ongoing investigation and litigation regarding possible antitrust activity in the generic drug industry, various state attorneys general said Wednesday.

  • May 24, 2017

    State AGs Set Data Security Bar With Record $18.5M Pact

    State attorneys general flexed their privacy muscles Tuesday with a record $18.5 million settlement with Target over the retailer's 2013 data breach, highlighting not only a growing willingness to band together to tackle such issues, but also a desire to lay out specific standards that other businesses would be wise to follow.

  • May 24, 2017

    Honda Won't Remedy Defective Engine Starters, Suit Says

    A Honda Accord owner hit the car manufacturer with a putative class action in New Jersey federal court on Wednesday, alleging Honda has violated consumer fraud laws by failing to remedy a defect to the engine starter system that can cause motors and batteries to fail.

  • May 24, 2017

    3rd Circ. Ends Amarin Shareholder Row Over Heart Drug

    The Third Circuit upheld the dismissal of a securities class action against biopharmaceuticals maker Amarin on Tuesday, agreeing with a New Jersey district court that the company’s statements about the FDA approval process for a fish oil drug were not misleading to investors.

  • May 24, 2017

    NJ Justices Say Child Sex Offenses No Automatic Disbarment

    The New Jersey Supreme Court on Wednesday handed two suspensions and one disbarment to attorneys who pleaded guilty to child sex offenses in a consolidated ruling that established a case-by-case disciplinary approach for lawyers convicted of such crimes.

  • May 24, 2017

    NJ High Court Rebuffs Pension Funds' Appeal Of $1B Cuts

    The Supreme Court of New Jersey has decided not to hear an appeal from public employees in their suit seeking to block more than $1 billion in cuts to New Jersey pension funds that were spearheaded by Gov. Chris Christie.

  • May 24, 2017

    NJ High Court Won't Revisit Dismissal Of Med Mal Row

    The New Jersey Supreme Court has declined to take up a medical malpractice lawsuit against Somerset County Medical Center and two of its doctors after an appeals court ruled that a discovery extension was properly denied.

  • May 24, 2017

    Developer Lands $50M Financing For NJ Apartment Property

    Real estate developer Capodagli Property Co. has landed $49.6 million in long-term financing for a recently completed apartment building in Hackensack, New Jersey, according to a statement Wednesday from Holliday Fenoglio Fowler LP, which arranged the loan.

  • May 24, 2017

    2 Real Estate Firms Seek IPOs Led By Granite Point

    Granite Point Mortgage Trust Inc., a mortgage real estate investment trust run by asset manager Pine River Capital Management LP, filed an initial public offering Wednesday guided by Orrick Herrington & Sutcliffe LLP, one of two commercial real estate-oriented firms to join the IPO pipeline.

  • May 24, 2017

    $39M Deal Ends ConocoPhillips, Phillips 66 MTBE Claims

    A New York federal judge gave a green light Tuesday to a $39 million settlement in New Jersey’s suit accusing ConocoPhillips and Phillips 66 of polluting the Garden State’s waters with methyl tertiary butyl ether, or MTBE, a gasoline additive.

  • May 24, 2017

    Solicitor Gen. Urges Justices To Reject NJ Sports Betting Case

    The acting U.S. solicitor general urged the U.S. Supreme Court on Tuesday to not hear New Jersey’s challenge to a 25-year-old federal law that prohibits states from authorizing sports betting, dealing a blow to the state’s latest attempt to circumvent the statute on constitutional grounds.

  • May 24, 2017

    State AGs Announce $33M Deal With J&J Over OTC Drugs

    More than 40 state attorneys general on Wednesday announced they have reached a $33 million settlement with Johnson & Johnson and its subsidiary McNeil-PPC Inc. over misrepresentations made regarding the manufacturing practices of common, over-the-counter drugs that had to be recalled, including some children’s medicines.

  • May 23, 2017

    Atlantic City Police Layoffs Barred, Contract Changes OK'd

    A New Jersey judge ruled Tuesday that state officials may cut Atlantic City police officers' salaries and make other changes to their contracts under a state law aimed at bringing financial stability to the city, but he temporarily barred them from laying off officers and changing their work schedules, citing public safety concerns.

  • May 23, 2017

    NJ Judge Didn't Aid Fugitive Boyfriend, Appeals Court Told

    A suspended Middlesex County, New Jersey, judge indicted on a charge of hindering the apprehension of her boyfriend accused of robbery urged an appeals panel to toss the allegation, arguing Tuesday the prosecution had no proof that she was trying to help him escape.

  • May 23, 2017

    Hardware Co. Loses $1.9M Superstorm Sandy Coverage Bid

    A New Jersey federal judge ruled Tuesday that Liberty Mutual Fire Insurance doesn't have to cover hardware company Howard Berger Co. LLC's $1.9 million claim for business interruption losses due to an electrical outage caused by Superstorm Sandy, finding that the outage stemmed from an event excluded under the company's policy.

  • May 23, 2017

    High Court Asked To Review Car Shipping Price-Fix Dispute

    Truck and equipment dealers and other buyers of vehicles transported by maritime shipping companies on Tuesday asked the U.S. Supreme Court to overturn a Third Circuit ruling that shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.

  • May 23, 2017

    NJ Justices To Mull Attys' Fee Bid After $1M Med Mal Deal

    The New Jersey Supreme Court has agreed to review an appellate panel decision rejecting a widow's bid for attorneys' fees in a medical malpractice lawsuit on the grounds that she did not preserve her right to seek counsel fees when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • May 23, 2017

    Cuomo Creates Task Force To Mull Future Penn Station Fixes

    New York Gov. Andrew Cuomo on Tuesday announced an aggressive short- and long-term action plan to shore up management at Penn Station and address what he described as the busy transportation hub’s chronic failures ahead of extensive track repairs that are slated to begin this summer.

Expert Analysis

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • NJ 'Pay To Play' Compliance Is More Important Than Ever

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    New Jersey holds elections for governor, lieutenant governor and all 120 state legislative seats this year. Given that the Garden State has some of the most stringent, far-reaching and complex “pay to play” laws in the nation, it is important to review the risk areas that can arise from political contributions and fundraising, says Michael T.G. Long of Lowenstein Sandler LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • The Meaning Of Spokeo, 365 Days And 430 Decisions Later

    Ezra Church

    In the year since the U.S. Supreme Court's Spokeo decision, nearly 60 percent of courts analyzing constitutional standing have determined that the plaintiff had Article III standing. Notably, the outcomes vary markedly by statute and forum, and have intensified in some ways over the last six months, say attorneys with Morgan Lewis.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.