New Jersey

  • May 23, 2017

    DC Circ. Affirms FERC’s Certificate For $600M Gas Pipeline

    A D.C. Circuit panel on Tuesday affirmed the Federal Energy Regulatory Commission’s decision to approve an approximately $600 million gas pipeline project in New Jersey and Pennsylvania, denying an environmental group’s contention that the certificate violated the Clean Water Act.

  • May 23, 2017

    NJ Assembly Approves 'Airbnb' Tax Bill

    A New Jersey bill that would tax short-term online rental accommodations such as Airbnb and FlipKey passed the state Assembly on Monday and now proceeds to the Senate for consideration.

  • May 23, 2017

    NJ Assembly Passes Daily Fantasy Sports Bill

    The New Jersey Assembly on Monday advanced legislation to regulate daily fantasy sports games while the state continues to wait for a decision by the U.S. Supreme Court to take up a case over its attempt to allow full-on sports betting at its casinos and racetracks.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    40 States Defend Power To Bring Generic-Drug Price-Fix Suit

    Forty states on Monday defended their lawsuit against six generic-drug manufacturers alleging they divided the market and fixed the price of an antibiotic and a diabetes treatment, saying they have the authority to seek an injunction and monetary relief under federal antitrust law.

  • May 23, 2017

    Benicar MDL Judge Dismisses Doc Accused Of Malpractice

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has dismissed a doctor accused of medical malpractice from the suit, on the grounds that there’s no evidence for the allegations.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

  • May 22, 2017

    NJ Accused Of Racial Bias In Denying Deputy AG Promotions

    The state of New Jersey has been hit with a discrimination lawsuit in state court from three current and former deputy attorneys general alleging that, because they are African-American, they were denied promotions within a culture of “institutional racism."

  • May 22, 2017

    Roxane Owes $2M In Attys' Fees In 'Exceptional' Patent Row

    A New Jersey federal judge has ordered Roxane Laboratories Inc. to pay $2 million in legal fees in a patent infringement claim against two generic-drug makers over a kidney medication, a ruling that follows the jurist’s previous declaration that the case was “exceptional” for its lack of a legal basis.

  • May 22, 2017

    Maxus Ch. 11 Plan Confirmed With Support From Creditors

    Bankrupt oil and gas firm Maxus Energy Corp. received court approval Monday in Delaware for its Chapter 11 plan of liquidation after reaching consensus with its creditors to create three post-bankruptcy trusts to administer its assets.

  • May 22, 2017

    Buyers Want GSK, Teva To Cough Up Info In Lamictal Suit

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. have refused to hand over crucial information such as Teva’s financial forecasts in a potential class action by buyers alleging that the companies conspired to delay generic competition for epilepsy treatment Lamictal, counsel for purchasers of the drug told a New Jersey federal court on Friday.

  • May 22, 2017

    Hacker Gets Time Served In $30M Press Release Scheme

    A New Jersey federal judge on Monday sentenced a Ukrainian hacker to time served for his role in a roughly $30 million plot to trade securities based on nonpublic information stolen from the servers of press release newswires, citing his cooperation with the criminal probe into the global scheme.

  • May 22, 2017

    Stolen Trade Secrets Cost Pharmacy $2M Per Month, Suit Says

    A New Jersey-based pharmacy is unlawfully using trade secrets and confidential information provided by the former employees of one of its competitors, costing the competitor more than $2 million per month in lost patients and physician referral sources, according to a suit filed Monday in federal court.

  • May 22, 2017

    NJ Atty Censured For Lying To Client About Infant Remains

    A New Jersey attorney was ordered to be censured by the state Supreme Court on Friday over allegations he repeatedly misled a woman who had hired him to find out what happened to an infant who died after a premature birth decades earlier.

  • May 22, 2017

    American Dream Closes $1.67 Billion Construction Financing

    Plans for the stalled American Dream mall project at New Jersey’s Meadowlands Sports Complex have moved forward with the closing of $1.67 billion in private construction financing, its developer announced Friday.

  • May 22, 2017

    Pa. Tells 3rd Circ. It Properly Permitted Pipeline Project

    Pennsylvania environmental regulators on Friday defended their decision to issue a water quality permit for a Kinder Morgan unit's Pennsylvania pipeline project, while an opposing environmental group said the U.S. Army Corps of Engineers can't support its decision approving the project in concurrent appeals before the Third Circuit.

  • May 19, 2017

    NJ Drug Co. Dodges Class Action Over FDA Approval Claims

    A New Jersey federal judge on Friday tossed a proposed securities class action against Eagle Pharmaceuticals Inc., saying investors have failed to back up their claims that the company made false and misleading statements about the nature of a blood thinner and the chances of the drug receiving federal approval.

  • May 19, 2017

    3rd Circ. Won't Boot Judge Off Bankruptcy Misconduct Appeal

    The Third Circuit on Friday shut down a former Syntax-Brillian Corp. shareholder’s bid to force a Delaware federal judge off appeal proceedings over alleged misconduct by Greenberg Traurig LLP during its representation of bankrupt Syntax, finding the investor’s “impugning” of the court was meritless.

  • May 19, 2017

    3rd Circ. Questions Early End To Lipitor Pay-For-Delay Suit

    A Third Circuit panel repeatedly questioned whether a lower court judge acted prematurely when he ended a lawsuit accusing Pfizer and Ranbaxy of engaging in a pay-for-delay scheme over the cholesterol drug Lipitor, suggesting the case should not have been decided before the introduction of any evidence.

  • May 19, 2017

    Investors Drop Suit Over $204M Derma Sciences Merger

    Derma Sciences Inc. shareholders on Friday agreed to drop a putative class action seeking to block Integra LifeSciences Holdings Corp.’s $204 million proposal to buy the tissue regeneration company, telling a New Jersey federal judge that supplemental regulatory disclosures have rendered the claims moot.

Expert Analysis

  • The Absolute Pollution Exclusion Continues To Weaken

    Carl Salisbury

    Last month, the Washington Supreme Court employed a causation analysis to reject a coverage denial in Xia v. Probuilders. When it first appeared, the absolute pollution exclusion seemed to mark the end of coverage for any losses remotely related to pollution, but the pendulum might at last be swinging in the other direction, says Carl Salisbury of Bramnick Rodriguez Grabas Arnold & Mangan LLC.

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.

  • Bail Reform Will Imperil California's Justice System

    Quentin Kopp

    Each year more than 300,000 defendants are released on bail in California. But new legislation seeks to take this constitutional right away from defendants and replace it with an expensive and onerous pretrial release system. Shifting from privately funded bail to taxpayer-funded pretrial release programs will undoubtedly strain California’s already underfunded court system, says retired San Mateo Superior Court Judge Quentin Kopp.

  • Hospital Best Practices After 3rd Circ. Title IX Decision

    Amanda Wingfield Goldman

    In light of the Third Circuit's recent decision in Doe v. Mercy Catholic Medical Center, hospitals must determine whether their residency programs fall under Title IX’s umbrella. By treating medical residents like employees, hospitals can better defend against possible Title IX claims, say Amanda Wingfield Goldman and Vinson Knight of Coats Rose PC.

  • Why US Law Firms Need Anti-Money Laundering Policies

    Kristine Safos

    For U.S. law firms, anti-money laundering compliance are a business necessity. As large financial institutions and other clients adopt their own AML policies, they expect law firms they work with to do the same. Kristine Safos of HBR Consulting offers guidance on AML and client due diligence best practices.

  • Solving The Uninsured Driver Conundrum With Technology

    Kymberly Kochis

    Nearly a century after Massachusetts enacted the first law mandating the purchase of auto insurance, and despite laws on the books in almost every state, 12 percent of drivers are still uninsured. Kymberly Kochis and Veronica Wayner of Eversheds Sutherland (US) LLP explore why uninsured driver rates are so high, how states are addressing the issue, and consider prospects for future solutions through technological advances.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Free Speech At Private Universities: Protected Or Not?

    M.C. Sungaila

    Although the First Amendment prohibits the government from infringing on free speech rights, it does not prevent private persons or entities from doing so. Thus, students at private universities have fewer free speech protections than those at public universities. But state laws and university policies may still provide legal cover for students at private institutions, say attorneys from Haynes and Boone LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.