New Jersey

  • September 5, 2017

    Ruling Delayed On Ex-NJ Justice As Master In Fraud Suit

    A New Jersey federal judge on Tuesday stopped short of deciding whether a former New Jersey Supreme Court justice and current Ballard Spahr LLP partner should remain the special discovery master in a proposed asbestos fraud class action after learning that defense counsel is no longer representing the firm in separate litigation.

  • September 5, 2017

    3rd Circ. Questions Greenlease's Challenge Of Cleanup Costs

    A Third Circuit panel on Tuesday pressed Greenlease Holding Co. to prove how a Pennsylvania federal judge improperly allocated the majority of environmental contamination cleanup costs for a former rail car plant to the company given the “extensive” record of Greenlease's responsibility in the case brought by Trinity Industries Inc.

  • September 5, 2017

    NJ Transit's Sandy Coverage Not Capped At $100M: Court

    A New Jersey judge has ruled that a $100 million sublimit for flood losses does not apply to New Jersey Transit Corp.'s claim for coverage of Superstorm Sandy damage, granting the transportation system a major win in its $400 million dispute with a group of excess insurance carriers.

  • September 5, 2017

    Real Estate Rumors: Zara, Blackstone, TPG

    Zara Realty has reportedly paid nearly $20 million for two Queens residential buildings, Blackstone Group is said to be calling off its roughly $2.8 billion sale of 10 Australian shopping malls, and TPG Real Estate Finance has reportedly loaned $126 million for a New Jersey residential and retail property.

  • September 5, 2017

    Time-Barred Debt Collection Was Misleading, 3rd Circ. Told

    A proposed class alleging collection agency Allied Interstate LLC tried to recoup unpaid gym membership debt after the statute of limitations had expired told the Third Circuit Tuesday that the company violated federal debt collection law because its form letter hints at possible litigation.

  • September 5, 2017

    18 States, AGA Tell High Court Sports Betting Ban Improper

    The American Gaming Association on Tuesday went all-in on states’ rights, urging the U.S. Supreme Court to overturn a federal law that prevents states from allowing sports betting, with a total of 18 states having thrown their weight against the law.

  • September 5, 2017

    Split 3rd Circ. Won't Let Sunoco Arbitrate Credit Claims

    The Third Circuit issued a split decision Tuesday refusing to let Sunoco Inc. force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying in the published ruling Sunoco wasn’t even part of the card contract.

  • September 5, 2017

    Prosecutors Blast Menendez's 'Erroneous' Jury Instructions

    Prosecutors gearing up for this week’s landmark corruption trial of U.S. Sen. Bob Menendez tore into his lawyers’ proposed jury instructions on Tuesday, calling them a cynical ploy to confuse jurors and asking a New Jersey federal court to toss them entirely.

  • September 5, 2017

    Merck Asks Supreme Court To Halt Fosamax Warning MDL

    Merck Sharp & Dohme Corp. is asking the U.S. Supreme Court to end multidistrict litigation over an alleged failure to warn patients about the risk of irregular hip fractures caused by its osteoporosis drug Fosamax, saying the court needs to clarify a prior drug warning ruling.

  • September 5, 2017

    First Convicted Spoofer Won't Get Rehearing In 7th Circ.

    The Seventh Circuit will not reconsider its ruling upholding the first-ever “spoofing” conviction, rejecting New Jersey trader Michael Coscia’s petition for a rehearing of his appeal Tuesday after no judge voted to hear it.

  • September 1, 2017

    Dots Seeks End To Ch. 11 Cases, Citing Lack Of Funds

    Dots LLC asked a New Jersey bankruptcy judge Friday to end its Chapter 11 cases, saying the retailer worked diligently to get as much as it could out of its assets, but that it doesn’t have enough money to repay a number of claims and fees, let alone confirm a Chapter 11 plan, so there’s nothing left to do.

  • September 1, 2017

    NJ Judge Tosses Chiropractors' Suit Over Horizon Tiered Plan

    A New Jersey state court judge has dismissed a lawsuit alleging Horizon’s tiered coverage plan gives lower-tier chiropractors an unfair business advantage, ruling that the state law underscoring the claims aims to protect consumers, not providers.

  • September 1, 2017

    Discovery Battle Heats Up In BASF Asbestos Fraud Suit

    A proposed class accusing BASF Catalysts LLC and Cahill Gordon & Reindel LLP of destroying evidence in cases alleging BASF talc contained asbestos continues to refuse discovery requests for information about the underlying suits, despite a district judge’s order that it’s warranted, counsel for BASF told a magistrate judge Thursday.

  • September 1, 2017

    Fired Pharma Exec Not Victim Of Retaliation, 3rd Circ. Says

    The Third Circuit affirmed the dismissal of retaliation claims brought by a former marketing director at Otsuka America Pharmaceutical Inc., who was terminated after it was discovered his communications team had hired his wife's consulting firm.

  • September 1, 2017

    Judge Won't Halt Menendez Trial On Voting Days

    A New Jersey federal judge has denied Sen. Bob Menendez's second bid to adjourn his upcoming corruption trial on certain days to allow him to participate in critical votes on Capitol Hill, ruling Thursday that Menendez will be treated like “any other criminal defendant.”

  • September 1, 2017

    3rd Circ. Asked To Rethink Wellbutrin Pay-For-Delay Ruling

    Wellbutrin buyers on Thursday asked the Third Circuit to reconsider an August decision siding with GlaxoSmithKline PLC in litigation accusing the company of stifling generic competition for the drug, saying the appeals court’s ruling conflicts with U.S. Supreme Court precedent.

  • September 1, 2017

    Menendez Trial To Test Line Between Friendship, Corruption

    Sen. Bob Menendez and Florida ophthalmologist Salomon Melgen may point to their long-standing friendship to fight corruption charges when their bribery trial starts on Wednesday, but the lavishness of the gifts the senator received from the doctor and his failure to publicly disclose them could undercut that defense, attorneys say.

  • August 31, 2017

    Ex-Pharma Accountant, 2 Others Admit To Insider Trading

    A Pennsylvania accountant and two others have copped to illegally tipping and trading on inside information about a pharmaceutical company where the accountant worked, according to documents filed in New Jersey federal court on Thursday.

  • August 31, 2017

    3 Catholic NJ Hospitals To Merge With Cooper Health Care

    After a year of talks, three New Jersey hospitals owned by Trinity Health announced a plan Thursday to merge into Camden-based Cooper University Health Care, creating the fourth-largest hospital system in the state and the largest in South Jersey.

  • August 31, 2017

    3rd Circ. Orders Arbitrator For Welfare Fund Trustee Tussle

    A Third Circuit panel in a precedential ruling Thursday reversed and remanded a district court’s decision not to appoint an arbitrator in two related disputes between trustees of an employee benefit trust fund, finding the deadlocks on interpretations of the trust agreement within an arbitrator's purview.

Expert Analysis

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • How Industry Is Responding To FERC On State Policies

    Stephen Hug

    In May, the Federal Energy Regulatory Commission held a conference focused on the interplay between state policy goals and the organized energy markets in the eastern U.S. The subsequent comments from more than 70 interested parties reflect a basic lack of consensus among industry participants on the best approach going forward, say attorneys with Bracewell LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.