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New Jersey

  • July 11, 2018

    Chiesa Shahinian Adds Ex-Day Pitney White Collar Atty In NJ

    A former New Jersey federal prosecutor and recent Day Pitney LLP lawyer has joined Chiesa Shahinian & Giantomasi PC as a member in its white collar criminal defense and government investigations group, the firm has announced.

  • July 11, 2018

    NJ Court OKs 'Common Sense' Testimony In Pig Roaster Row

    The New Jersey Appellate Division on Wednesday declined to disturb a jury verdict in favor of a cookware maker sued over a child's injuries from a pig roasting machine's ashes, finding that it was acceptable for an engineering expert's testimony to include opinions on the "common sense" use of the pig roaster.

  • July 11, 2018

    NJ Appeals Court Revives Suit Over Car Dealer Ownership

    A New Jersey appeals court found Wednesday that a trial court should not have dismissed a man’s lawsuit asserting he is entitled to a 50 percent stake in a car dealership, saying the court improperly viewed his claims about a verbal agreement in a light more favorable to the dealership owner.

  • July 11, 2018

    Attys Beat Malpractice Action Over Prudential Litigation

    A New Jersey state appeals court refused Wednesday to revive a proposed class action accusing two lawyers and their respective firms of deducting improper costs from settlement proceeds in litigation against Prudential Financial Inc., saying a trial court properly tossed the case because their former clients did not produce discovery.

  • July 11, 2018

    Colony Buys 1.1M-Square-Foot Industrial Portfolio

    Colony Capital Inc.'s light industrial arm, Colony Industrial, has acquired a 1.1 million-square-foot portfolio of properties located in New Jersey, Texas and beyond, according to an announcement on Wednesday from Colony.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Pa. Owed Atty Fees For Halting Hospital Merger, 3rd Circ. Told

    The Commonwealth of Pennsylvania told the Third Circuit on Tuesday that it should get $1.2 million in attorneys' fees for its successful attempt to block a hospital merger it alleged would harm competition in the region, arguing the award was warranted because it was the prevailing party in the action.

  • 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.

Expert Analysis

  • 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.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.