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New Jersey

  • July 10, 2018

    NJ Whole Foods Avoids Liability Over Worker's Vandalized Car

    A New Jersey appeals court Tuesday reversed a lower court's ruling finding Whole Foods partially responsible for an employee's car being vandalized in an area of the mall parking lot where the store suggests workers can park, saying it was the store's landlord that was contractually fully liable.

  • July 10, 2018

    Biomet Says It Needs Confidential Docs in Trade Secrets Row

    Biomet Orthopaedics Switzerland GmbH asked the Third Circuit on Tuesday for access to confidential discovery materials it says it needs to fight a trade secrets suit brought in Germany by bone cement maker Heraeus Medical GmbH, arguing that Heraeus was allowed to use the materials in the same foreign proceeding against another adversary.

  • July 10, 2018

    3rd Circ. Won't Revive AXA Investors' Action Over Fees

    The Third Circuit on Tuesday refused to disturb a New Jersey federal court ruling dismissing with prejudice investors’ claims in a consolidated derivative action against AXA Equitable Life Insurance Co. alleging that its subsidiary collected excessive mutual fund management fees, finding that the court’s conclusions were not “clearly erroneous.”

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    K&L Gates Boosts Hospitality, Restructuring Teams In Newark

    K&L Gates LLP’s office in Newark, New Jersey, said Monday it has hired a group of lawyers to bolster two of its practices, adding a former Wyndham Worldwide Corp. executive to its resort, hospitality and leisure practice and a three-man LeClairRyan team to its restructuring and insolvency practice.

  • July 10, 2018

    NJ Nursing Home Can't Sue Calif. Man, Appeals Court Says

    A New Jersey appeals court ruled Tuesday that a local company can't sue a resident of another state if that person has no ties to the Garden State, shutting down a suit by an Egg Harbor nursing home seeking to collect from the California son of one of its tenants.

  • July 10, 2018

    NJ Atty Disbarred After Dodging Jail For Unlawful Practice

    A New Jersey attorney has relinquished his license to practice law in the Garden State after avoiding a prison sentence on charges of illicitly representing a client and theft by deception.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    NJ Must Rethink State Trooper Pay Freeze, Court Says

    A New Jersey state appeals court on Monday reversed an arbitration decision to halt state trooper pay raises that had been sealed in collective negotiation agreements, citing a recent state Supreme Court holding that union contract terms remain locked in until a successor agreement is reached.

  • July 9, 2018

    Epstein Becker Green Bolsters Employee Benefits Practice

    Epstein Becker Green expanded its employee benefits and executive compensation practice Monday with the addition of a former Marathas Barrow Weatherhead Lent partner who brings more than 16 years of industry experience to the firm.

  • July 9, 2018

    3rd Circ. Nixes NJ County Employee's Age, Race Bias Suit

    The Third Circuit closed the book Friday on a New Jersey county employee’s suit alleging that she was passed over for a promotion because of her age and race, saying she didn’t show that any adverse action was taken against her since she ended up receiving the promotion months later.

  • July 9, 2018

    3rd Circ. Backs Return Of NJ ADT Class Suit To State Court

    The Third Circuit on Monday declined to keep a proposed class action involving an ADT Inc. unit in federal court, ruling that the contract dispute had an exception to the usual jurisdiction rules that allowed it to go back to New Jersey state court.

  • July 9, 2018

    3rd Circ. Backs NJ's Nonmonetary Bail Reform

    The Third Circuit on Monday rejected a bid to enjoin New Jersey’s landmark bail reform program based on claims from a man who said that an order placing him on house arrest in advance of an assault trial violated his constitutional right to pretrial release on bail or bond.

  • July 9, 2018

    BASF, Others Face Price-Fixing Suit For Polyurethane Input

    Chemical manufacturing giants BASF, Bayer, DowDuPont and others conspired to shut down plants and curb production in order to lower global supply and increase prices for polyurethane building blocks, according to a proposed antitrust class action filed in New Jersey federal court Friday. 

  • July 9, 2018

    State AGs Take Aim At Fast Food Noncompete Clauses

    A group of 11 attorneys general announced Monday that they have asked eight fast-food franchises to provide documents on noncompete clauses in their contracts, saying such clauses can be harmful to workers who want to move from one job to the next.

  • July 9, 2018

    Atty's Claims Back Up Penalties In Biotech Fraud, SEC Says

    The U.S. Securities and Exchange Commission has renewed its demand for more than $1 million from a onetime biotech chief executive, telling a New Jersey federal court that his attorney confirmed he pocketed illicit proceeds from the sale of company stock.

  • July 6, 2018

    TCPA Rulings Give Cos. Liability Shield, But No Knockout

    The Second and Third Circuits recently offered a boost to companies fighting spam call and text suits by backing narrow definitions of what constitutes an autodialer under the Telephone Consumer Protection Act, but differences in the ways the appellate courts reached their conclusions highlight lingering uncertainty that attorneys say sorely needs to be resolved by the Federal Communications Commission.

Expert Analysis

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • English-Only Rules In Today’s Multicultural Workplace

    Alex Lee

    Several recent events — including a lawsuit against grocery chain Albertsons filed by the U.S. Equal Employment Opportunity Commission — highlight that many employers may not be well-acquainted with the nuances of the law regarding English-only rules, despite the high potential for such sensitive issues to create problems, says Alex Lee of Einhorn Harris Ascher Barbarito & Frost PC.

  • How Wayfair Decision Benefits New Jersey

    Gary Botwinick

    The U.S. Supreme Court decision in South Dakota v. Wayfair will have a significant impact on commerce in many ways. Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC discusses its specific impacts on and benefits to the state of New Jersey.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • NJ Partnerships End Up Winners In Tax Court Decision

    Jaime Reichardt

    New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.