New Jersey

  • October 10, 2017

    Pa. Man Admits To Kickback Scheme Involving Navy Contract

    A purchasing manager for a U.S. Navy military parts subcontractor in Philadelphia who allegedly accepted $150,000 in cash kickbacks from a machine shop supplier pled guilty Tuesday in New Jersey federal court to conspiring to defraud the United States, according to prosecutors.

  • October 10, 2017

    Honeywell Unveils Plans To Spin Off Pair Of Businesses

    New Jersey-based Honeywell International Inc. revealed plans Tuesday to spin off its homes product and ADI global distribution business and its transportation systems business, following a strategic portfolio review that came amid pressure from an activist hedge fund.

  • October 10, 2017

    Bear Stearns Seeks 3rd Circ. Halt To FINRA Claim's Arbitration

    Bear Stearns & Co. Inc. urged the Third Circuit to reverse a Pennsylvania district judge’s order compelling arbitration in a securities case brought by Reading Health System, arguing Tuesday that the parties agreed any disputes would be hashed out in court.

  • October 10, 2017

    NJ Justices’ Construction Ruling May Bog Suits Down

    The New Jersey Supreme Court’s recent ruling that the time limit for suing over construction defects begins the moment the first flaw is discovered will protract such litigation with more discovery and hearings as lawyers scramble to determine who knew what and when they knew it, some experts said.

  • October 10, 2017

    Pharma Rights Transfer Sinks Tax Deficiency, 3rd Circ. Told

    Hygrosol Pharmaceutical Corp.'s co-founder on Tuesday urged a Third Circuit panel to vacate a $5.8 million federal tax debt imposed on him after the IRS found he wrongly wrote off royalties on technology he developed as capital gains instead of ordinary income, arguing that he no longer owned the technology since he’d signed away the rights to it.

  • October 6, 2017

    3rd Circ. Revives Disability Suit Against Theater Chain

    The Third Circuit on Friday revived a lawsuit accusing a movie theater chain of refusing to provide tactile interpreters for a deaf-blind moviegoer, finding that entertainment venues must supply such auxiliary aids and services under the Americans with Disabilities Act to make the content of the performances accessible to disabled patrons.

  • October 6, 2017

    Pharma Employee Admits To Health Care Benefits Fraud

    A pharmaceutical sales representative pled guilty Friday in New Jersey federal court to cheating the state health benefits program out of more than $700,000 through a scheme to submit claims for medically unnecessary prescriptions, making him the 10th person of the alleged conspiracy to plead out this year.

  • October 6, 2017

    Generic Cos. Say Mass. Ruling Foils 3rd Circ. Eye Drop Case

    Three generic-drug makers including Sandoz Inc. told the Third Circuit on Friday that a recent Massachusetts federal court ruling bolsters their preemption defense to a suit alleging the drugmakers boosted prescription eye drop sales by using bottles that dispensed bigger-than-needed drops.

  • October 6, 2017

    St. Joseph’s Nurses Get Initial OK For $42M ERISA Deal

    Nurses with New Jersey’s St. Joseph’s Healthcare System won preliminary court approval for a $42 million settlement of claims that the system underfunded their pension plan — a deal that was reached after the U.S. Supreme Court said church-affiliated entities are exempt from the Employee Retirement Income Security Act.

  • October 6, 2017

    $60M Merck Pay-For-Delay Deal, $20M Atty Fees Approved

    A New Jersey federal judge Thursday signed off on a $60 million settlement reached by Merck and Upsher-Smith with a class of direct purchasers who accuse the drug companies of engaging in a pay-for-delay scheme tied to potassium supplements and then granted more than $20 million in attorneys' fees to the class counsel.

  • October 6, 2017

    Schwartz Simon Drops Suit Against IRS Over Tax Collection

    A Schwartz Simon Edelstein & Celso LLC member said Friday that the firm recently dropped its New Jersey federal court lawsuit seeking to halt the Internal Revenue Service's collection efforts after opening a new line of communication with the agency to resolve the tax dispute.

  • October 6, 2017

    New Jersey Powerhouse: Gibbons

    Over the last two years, Gibbons PC has been a driving force behind major real estate deals in the Garden State, guiding the New Jersey Sports and Exposition Authority in issuing about $1.1 billion in bonds for the long-delayed American Dream Meadowlands project and closing a deal that includes a new medical school on a former Hoffmann-La Roche Ltd. property.

  • October 5, 2017

    Heartland Gets Initial OK For $2.5M Deal In AmEx Fee Suit

    A New Jersey federal judge Wednesday preliminarily approved a $2.5 million settlement that ends a Texas restaurant operator's proposed class action against Heartland Payment Systems Inc. for allegedly making merchants pay increased fees for processing American Express transactions.

  • October 5, 2017

    NJ Sues Insys Over Opioid Drug Push, Calls Conduct 'Evil'

    New Jersey has slammed Insys Therapeutics Inc. with a civil lawsuit accusing it of trying to squeeze more profits from its opioid-fentanyl drug Subsys by marketing it for general chronic pain treatment despite its limited regulatory approval for cancer patients, Attorney General Christopher S. Porrino announced Thursday, calling the conduct "nothing short of evil."

  • October 5, 2017

    Allstate Can Arbitrate NJ Auto Injury Action After All

    An Allstate unit can force arbitration of putative class action claims brought by a hospital and car crash victim seeking unpaid medical benefits, with a New Jersey federal judge granting the insurer’s bid to reconsider an earlier denial and acknowledging that ruling was wrong.

  • October 5, 2017

    Sunoco Loses Redo Bid At 3rd Circ. Over Rewards Program

    The Third Circuit on Wednesday rejected Sunoco Inc.’s bid for review of the court’s split decision refusing to allow the fuel giant to force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations.

  • October 5, 2017

    Ex-Bookkeeper Stole $1.6M From NJ Co. Via PayPal, Feds Say

    Pennsylvania federal prosecutors Thursday filed an indictment charging a Philadelphia man with using PayPal to embezzle $1.6 million from his former employer, a New Jersey company that sells products for the cellular phone industry.

  • October 5, 2017

    NJ Justices To Weigh Ethics Rules For Dispute Resolution Biz

    The New Jersey Supreme Court on Wednesday granted a petition by alternative dispute resolution provider JAMS to weigh in on whether arbitrators must abide by ethics restrictions imposed upon traditional law practices regarding ownership structure and recordkeeping and marketing.

  • October 5, 2017

    NJ Powerhouse: Riker Danzig Scherer Hyland & Perretti

    In the past year, Riker Danzig Scherer Hyland & Perretti LLP has racked up a list of accomplishments that include winning a precedential Third Circuit decision in a proposed class action, securing a $10 million settlement for a construction client, and representing a real estate company in the largest New Jersey office lease transaction in 2016.

  • October 5, 2017

    Del. Defends ‘Tortured’ Statute Reading In Ozone Reg Fight

    The state of Delaware kicked off oral arguments contesting the EPA’s decision to grant its neighbor states an extension on ozone regulations with contentions of the extension’s impacts on Thursday, only for the D.C. Circuit panel to quickly steer the conversation to a statutory interpretation one judge called “tortured.”

Expert Analysis

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.

  • Why Do I Have A Hurricane Harvey Claim From Hoboken?

    Shannon O'Malley

    As businesses and insurers sort out the impacts of Hurricane Harvey, businesses located far from the Lone Star State may choose to assert contingent business interruption claims under their own first-party property policies, says Shannon O'Malley of Zelle LLP.

  • Why Punishing Sexually Abusive Physicians Is Challenging

    Thomas Keech

    Last month, New York state revoked a doctor's medical license based on a vague order issued by the New Jersey State Board of Medical Examiners that potentially accused the doctor of sexual misconduct. The nationwide pressure to dumb down such orders is one of the reasons why sexual predation upon patients has been so difficult to root out, says Thomas Keech, consultant to the Maryland State Board of Physicians.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.