New Jersey

  • April 30, 2018

    Volvo Electric SUV Owners Say Mileage Suit Belongs In NJ

    The Illinois couple leading a proposed class of Volvo hybrid SUV owners in a suit against the company said Monday they were willing to move the suit to New Jersey to prevent Volvo from claiming the current venue in Illinois lacked jurisdiction over all class members. 

  • April 30, 2018

    NJ Atty With Radio Show Stole $2M From Elderly Clients: AG

    A prominent New Jersey elder law attorney and radio host was indicted Monday on charges that he stole nearly $2 million from clients, some of whom suffered from dementia and had no close relatives to guard their interests, state Attorney General Gurbir S. Grewal announced.

  • April 30, 2018

    Weber Gallagher Adds 5 Wilson Elser Attys To Med Mal Group

    Five attorneys from Wilson Elser Moskowitz Edelman & Dicker LLP have left the international firm to join Weber Gallagher Simpson Stapleton Fires & Newby LLP's medical malpractice team in its Bedminster, New Jersey, office, the latter firm announced on Monday.

  • April 30, 2018

    NJ Builder Can't Shake Denial To Connect To Water System

    The New Jersey Appellate Division on Monday refused to second-guess a municipal water agency’s refusal to allow a builder to connect its mixed-use development with more than 1,000 homes to the town’s system without a 1 million-gallon water storage tank, ruling expert testimony showed the tank is needed.

  • April 30, 2018

    J&J Urges Court To Toss $117M Verdicts In NJ Talc Case

    Johnson & Johnson and its talc supplier have urged a New Jersey state court to toss verdicts totaling $117 million in damages against them over claims that the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man's mesothelioma, saying he failed to prove that such alleged contamination caused his deadly disease.

  • April 30, 2018

    3rd Circ. Won't Rethink Ruling In Birth Control Mandate Battle

    The Third Circuit on Friday said it won’t rehear an August split panel decision that found individual employees can’t claim the contraceptive mandate of the Affordable Care Act violates their rights under the Religious Freedom Restoration Act.

  • April 27, 2018

    3rd Circ. Upholds Enviro Co. Founder’s Tax Fraud Sentence

    Denying a sixth consecutive continuance did not deprive the founder of an environmental services company of due process rights, especially when he engaged in dishonest behavior and failed to follow his plea agreement during the five previous extensions, a Third Circuit panel ruled Thursday.

  • April 27, 2018

    Interim NJ US Atty Tapped By Court To Remain In Post

    U.S. Attorney Craig Carpenito will remain the top prosecutor in the District of New Jersey when his interim term expires in about a week, a federal judge ordered Friday.

  • April 27, 2018

    NJ Personal Injury Atty Disbarred For Misusing Client Funds

    New Jersey's highest court has disbarred an attorney for using more than $11,000 out of a client's settlement in a personal injury action for her own purposes when she was only entitled to about $61 in outstanding fees.

  • April 27, 2018

    NLRB Again Sides With Health Workers In Union Benefits Spat

    The National Labor Relations Board on Thursday said a New Jersey health care facility violated federal law by withholding certain benefits from workers mulling unionization, reaching the same conclusion as it did prior to the Third Circuit telling the agency to rethink its decision.

  • April 27, 2018

    Pa. Court Flubbed 'Willfulness' In Tax Case, 3rd Circ. Told

    The U.S. government has urged the Third Circuit to reverse a Pennsylvania federal judge’s decision to let a pharmaceutical CEO duck a nearly $1 million tax penalty over an undisclosed Swiss bank account, arguing the lower court wrongly raised the bar for showing willful conduct.   

  • April 27, 2018

    Consumer Harm Ruling May Hobble NJ Contract Class Actions

    A New Jersey Supreme Court ruling that litigants who sue under the state's consumer contracts protection law must show they endured actual harm should be the death knell for a recent wave of class actions claiming the mere existence of illegal terms warrants damages, defense attorneys say.

  • April 27, 2018

    3rd Circ. Probes Cost Of Gridlock In GWB Scandal Appeals

    The Third Circuit has called on prosecutors to spell out the evidence presented to jurors showing that gridlock at the George Washington Bridge came at a cost above the threshold needed to sustain the criminal convictions of two former public officials in a political revenge scheme.

  • April 27, 2018

    VW Shattering-Sunroof Suit Nixed For Being Too Late

    A driver alleging Volkswagen Group of America Inc. manufactured vehicles with shatter-susceptible sunroofs waited too long to bring his warranty breach claims, a New Jersey federal judge said Thursday when tossing his proposed class action.

  • April 26, 2018

    Menendez Admonished By Ethics Committee Over Doc's Gifts

    A U.S. Senate ethics committee “severely admonished” U.S. Sen. Bob Menendez, D-N.J., Thursday for accepting gifts from a Florida eye doctor without obtaining the panel’s approval and failing to publicly disclose them, while also using his elected position to advance the physician’s interests.

  • April 26, 2018

    Serono Fights Biogen's Retrial Bid Over Nixed MS Drug Patent

    A New Jersey federal jury rightly found that a Biogen MA Inc. patent covering its multiple sclerosis treatment Avonex was invalid, because while the patent covered a new process, the treatment was decades old, EMD Serono Inc. told the court Wednesday.

  • April 26, 2018

    Ex-NJ Lt. Gov. Kim Guadagno Joins Connell Foley

    Former New Jersey Lt. Gov. Kim Guadagno has joined Connell Foley LLP as a partner in its corporate and business law, white collar, and other practice groups, the firm announced on Thursday.

  • April 26, 2018

    Newark Discloses Amazon HQ Bid Amid Public Records Suit

    Newark released a redacted version Wednesday of its bid to land Amazon’s second U.S. headquarters amid a lawsuit from an open-government activist over the efforts of New Jersey's largest city to shield the document from public view, according to the man's attorney.

  • April 26, 2018

    Medical Care Bid Won't Affect Superfund Plan, 3rd Circ. Told

    A Pennsylvania family that alleged their water supply was contaminated from nearby naval base operations urged the Third Circuit on Thursday to revive their case, arguing their bid for government-funded medical monitoring wouldn’t interfere with the government’s cleanup plan for the Superfund property.

  • April 26, 2018

    NJ Atty Disbarred Over Conviction In $5M Investment Plots

    New Jersey’s highest court has disbarred a lawyer based on his conviction for taking part in two fraudulent investment schemes totaling more than $5 million after a disciplinary panel rejected his claims of being an inexperienced attorney who was duped by a co-conspirator.

Expert Analysis

  • Murphy’s Law: What Can Be, Will Be Taxed In New Jersey?

    Mitchell Newmark

    New Jersey's new governor is eager to change how his state taxes individuals and businesses, though similar proposals have been criticized or even defeated during past administrations. If he succeeds, Gov. Phil Murphy will significantly change the state's tax regime, say Mitchell Newmark and Eva Niedbala of Morrison & Foerster LLP. 

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Trump Infrastructure Plan: Perspectives For The P3 Market

    Lance Brasher

    Earlier this month, the Trump administration released its long-awaited infrastructure plan. The plan is generally supportive of public-private partnerships, and includes a number of specific elements that would benefit the U.S. P3 market. But it does not demonstrate where Congress will find the revenues to authorize the planned spending, say Lance Brasher and Joshua Nickerson of Skadden Arps Slate Meagher & Flom LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • How A Recent Tax Case Offers Guidance To Family Offices

    Mark Leeds

    In a recent case, Lender Management LLC v. Commissioner, the U.S. Tax Court ruled against the Internal Revenue Service after it asserted that the costs of running a family office were not deductible for federal income tax purposes. The decision provides a road map for other family offices on how to structure their operations, says Mark Leeds of Mayer Brown LLP.