New Jersey

  • April 17, 2017

    Firm Revamp Unites College Friends Turned NJ Power Brokers

    Attorneys Kevin J. O’Toole and Thomas P. Scrivo have taken different career paths in the 31 years since they sat next to each other on the first day of constitutional law class at Seton Hall Law School, but the longtime friends have each made their mark in New Jersey government and the Garden State's competitive legal scene.

  • April 17, 2017

    'Jersey Shore' Star, Brother Plead Not Guilty To Tax Crimes

    “Jersey Shore” star Michael Sorrentino and his brother, Marc Sorrentino, pled not guilty Monday in New Jersey federal court to a broader set of charges accusing them of not paying all of the federal income tax owed on roughly $8.9 million the reality TV personality earned, among other offenses.

  • April 17, 2017

    Justices Won't Hear 3rd Circ. Asylum Appeal

    The U.S. Supreme Court said Monday it would not take up an appeal following a Third Circuit decision finding that a group of asylum-seekers from Central America weren't denied any constitutional rights when they were ordered to leave the country.

  • April 17, 2017

    Drug Co. Investors Seek OK For Early $3.8M Settlement

    A putative class of investors in Amicus Therapeutics Inc. who said the company’s misleading statements about their interaction with the U.S. Food and Drug Administration amounted to securities fraud asked a New Jersey federal court on Friday to approve a $3.75 million settlement that would end the litigation before the court even considered dismissal.

  • April 17, 2017

    High Court Won't Hear NY Nonresident Attorney Law Appeal

    The U.S. Supreme Court on Monday said it would not review a New Jersey lawyer’s challenge to a New York law requiring nonresident attorneys to maintain a physical office in the state as a prerequisite for doing business there.

  • April 14, 2017

    Docs In GWB Scandal Reveal Juror Issue Behind Mistrial Bid

    Two former public officials convicted in the George Washington Bridge lane-closing scandal had sought a mistrial in November on the grounds that New Jersey federal court officials had inappropriate contact with a distraught juror who had asked to be dismissed during deliberations, according to recently unsealed documents in the case.

  • April 14, 2017

    3rd Circ. Backs 12-Year Sentence In Oil Investment Scheme

    The Third Circuit on Friday upheld a 12-year prison sentence for a Pennsylvania man who was accused of defrauding investors with false claims of owning more than a billion dollars worth of oil and attempting to file for bankruptcy with false petitions.

  • April 14, 2017

    3rd. Circ. Backs Dow Unit In Ex-Worker's Retaliation Suit

    The Third Circuit on Friday backed Rohm & Haas Co.’s victory over a former employee’s allegations that the Dow Chemical Co. unit retaliated against her for filing bias complaints, ruling that flaws in the company lawyer’s testimony were understandable given the time span of the litigation.

  • April 14, 2017

    NJ Beachfront Homeowners Drop Suit Over Storm Project

    A group of Margate, New Jersey, homeowners Thursday dropped their New Jersey federal court lawsuit over a dune and berm system to be built along the city's beach as part of a joint state-federal storm risk reduction project, slightly more than two months after a judge nixed their bid to halt the work.

  • April 14, 2017

    German Solar Co. Reprieved As Affiliate Fights $1.8M Award

    A New Jersey federal judge on Thursday struck down a clerk of court’s order of default and denied a construction company's bid for a quick win in its effort to confirm a $1.8 million arbitral award against a German solar panel company over its U.S. affiliate’s alleged failure to deliver on an order of panels to be used in New Jersey construction projects.

  • April 14, 2017

    Ex-Marketing Head Hits Meda Pharmaceuticals With Bias Suit

    Meda Pharmaceuticals Inc. was hit with a lawsuit last month in New Jersey by its former marketing director alleging a female superior treated him poorly because he is male and Hispanic and then fired him the day after he told the company’s attorney about an unrelated ethics issue.

  • April 14, 2017

    Email Proves Eli Manning Gave Fake Helmets, Dealer Claims

    A sports memorabilia dealer has told a New Jersey state court that a 2010 email exchange between New York Giants quarterback Eli Manning and the team's equipment director proves that Manning knowingly provided fake game-used helmets for a memorabilia retailer to sell to fans.

  • April 13, 2017

    Ex-DuPont Worker Urges Court To Halt Trade Secrets Suit

    A former DuPont Co. employee urged a Delaware federal court Thursday to stay the company's lawsuit accusing him of stealing its trade secrets until his related criminal case is resolved in New Jersey, saying he cannot participate in civil discovery and protect his Fifth Amendment rights.

  • April 13, 2017

    Who's On Hook Unclear In Shoddy Construction Coverage Suit

    A Liberty Mutual unit can’t force another to pay a share of the costs in an underlying shoddy workmanship suit just yet, a New Jersey federal judge ruled Wednesday, because it’s still unclear when coverage should have been triggered for allegedly faulty windows installed by Elite Construction Co.

  • April 13, 2017

    Weinberger Law Group Sues Atty Over Soliciting Clients

    Weinberger Law Group LLC has hit a former firm attorney with a lawsuit in New Jersey state court over claims she unlawfully solicited its clients to leave the firm, removed case files as part of her alleged scheme and offered free legal services while working for the firm to lure clients to her new employer.

  • April 13, 2017

    Judge Nixes Two Experts In NJ Accutane Litigation

    The New Jersey judge overseeing the multidistrict litigation alleging the Hoffman-La Roche Ltd. acne drug Accutane caused inflammatory bowel disease excluded two of the plaintiffs’ expert witnesses on Thursday, concluding their opinions are motivated by preconceived conclusions rather than objective science.

  • April 13, 2017

    Porzio Bromberg Nabs Former Asst. US Atty As Principal

    Porzio Bromberg & Newman PC has welcomed former federal prosecutor William “Bill” J. Hughes Jr. as a principal in the firm’s Morristown, New Jersey, outpost, where he’ll spearhead its new white collar practice.

  • April 13, 2017

    Charter, TWC Escape Merger Suit Over Race Bias Claims

    A New Jersey state appeals court on Thursday rejected claims from an African-American-owned TV production firm and an advocacy group that a state agency should have investigated racial discrimination issues before approving the merger of Time Warner Cable and Charter Communications without such concerns being previously raised.

  • April 13, 2017

    3rd Circ. Will Decide Lipitor, Effexor Pay-For-Delay Suits

    The Third Circuit on Thursday said it has jurisdiction to consider the merits of two appeals of lower court dismissals of alleged pay-for-delay litigation over the drugs Lipitor and Effexor XR, rejecting calls by the pharmaceutical companies involved in the cases to transfer them to the Federal Circuit.

  • April 12, 2017

    3rd Circ. Revives Ex-Vanguard Atty's Dodd-Frank Claim

    The Third Circuit partially revived on Wednesday a wrongful termination suit brought by a former in-house tax attorney for Vanguard Group Inc. who tried to blow the whistle on alleged violations of corporate and tax laws, finding that a ruling in the attorney’s state court suit doesn’t preclude him from pursuing a Dodd-Frank claim in federal court.

Expert Analysis

  • A Closer Look At The Current State Of Equal Pay

    Eve H. Wagner

    While progress has been made toward eliminating gender-based wage disparity, Equal Pay Day, observed Tuesday, is a reminder that more work needs to be done, and long before the next 50 years tick past. But hopefully it will be done through education about the law, and not more litigation, says Eve Wagner of Sauer & Wagner LLP.

  • Opinion

    Untold Stories: Trump's Budget Would Silence Legal Services

    Kevin Curnin

    President Trump's draft budget proposes total defunding of the Legal Services Corporation. Yet leaders of over 160 of the nation's top law firms and 185 general counsel from leading corporations, who make their living at the intersection of business and law, make the case that destroying the LSC is bad for both, says Kevin Curnin of the Association of Pro Bono Counsel.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • 8 Tips To Give Your Fee Application A Great Start

    Michael E. Waller

    Once you determine that your case may permit an award of attorneys' fees, it is extremely important that you advise litigation team members of all billing requirements and confirm compliance with billing protocols. Michael Waller of K&L Gates LLP offers eight tips to consider based on the rules in New Jersey.

  • Cybersecurity Steps Every Lawyer Should Consider

    J. S. Christie Jr.

    In a state by state chart updated this month, the American Bar Association reports that 34 states have adopted all or most of the ABA's model rules technology amendments and that nine more states are studying the amendments. Even for lawyers in other states, legal ethics require the technological and legal competence to protect clients' confidentiality, says J.S. Christie Jr. of Bradley Arant Boult Cummings LLP..

  • Boehringer Ruling Limits Treatment Method Patent Eligibility

    Stephen Stout

    Although the New Jersey federal court's recent decision in Boehringer Ingelheim v. HEC has not garnered much attention, it shows that courts may be willing to invalidate method of treatment claims — on Section 101 grounds — even where those claims involve administering non-naturally occurring medicines, say Stephen Stout and Trey Hebert of Vinson & Elkins LLP.

  • The Future Of Off-Label Promotion And Product Liability

    James Beck

    It has recently been suggested that legalization of off-label promotion could lead to more drug company liability, but this looks like simply the plaintiffs bar's wishful thinking. If truthful off-label promotion becomes legal, the U.S. Food and Drug Administration may order more warnings about off-label uses to appear on drug/device labeling. That would actually be good for preemption, says James Beck of Reed Smith LLP.

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.