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New Jersey
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
NJ Judge Nixes Investment Fund's Bid For Emails In Bias Suit
A Black-owned investment fund accusing New Jersey officials of bias cannot access emails from Gov. Phil Murphy and two of his Cabinet members because the information falls "squarely" within executive privilege, a magistrate judge said Monday, overruling the firm's objections to a special discovery master's report.
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September 22, 2025
NJ AG Alleges Starbucks Fell Short On Breast-Pumping Space
Starbucks violated New Jersey's antidiscrimination laws by failing to reasonably accommodate the needs of a postpartum nursing barista with an adequate, private space for her to express breast milk during her shift, New Jersey Attorney General Matthew J. Platkin alleged Monday.
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September 22, 2025
Law Firms Spar Over Affidavit In Cannabis Malpractice Fight
Trif & Modugno LLC faced repeated questioning at a Monday hearing in New Jersey state court over its argument that Lowenstein Sandler LLP's claims against the firm must be dismissed because Lowenstein Sandler never filed an affidavit of merit in a suit over the collapse of a cannabis dispensary.
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September 22, 2025
Chubb Unit Loses Atty DQ Bid Appeal In Coverage Row
A New Jersey appellate court on Monday affirmed a trial court order denying Chubb Insurance Co. of New Jersey's bid to disqualify plaintiff's counsel, solo personal injury attorney Eric Dinnocenzo, in an insurance coverage action involving an alleged $772,500 jewelry theft, saying the company failed to demonstrate the lawyer was a necessary trial witness.
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September 22, 2025
3rd Circ. Slams Attys For Debt Disputes Designed To Fail
Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.
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September 22, 2025
ProPhase COVID-19 Testing Units Hit Ch. 11 In NJ
Biotechnology company ProPhase Labs Inc. put three of its COVID-19 laboratory testing subsidiaries in Chapter 11 bankruptcy Monday in New Jersey with combined liabilities of more than $13 million, saying it has been underpaid by insurance companies.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Stewart Issues Mixed Bag Of Referrals, Denied Petitions
Coke Morgan Stewart issued some of her final decisions as acting director of the U.S. Patent and Trademark Office, discretionarily denying a host of petitions for Patent Trial and Appeal Board review, while also referring a group of Apple Inc.'s petitions to the board for scrutiny.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
NJ Claims Of Union Job Referral Bias Preempted, Judge Hears
The state of New Jersey's discrimination lawsuit against a local union should be dismissed because it is preempted by federal labor law and was filed after the two-year statute of limitations expired, a state court judge heard Friday during a hearing.
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September 19, 2025
Lack Of Evidence Dooms Woman's NJ Transit Bus Crash Suit
A New Jersey appeals court won't upset the dismissal of a suit alleging that the New Jersey Transit Corp. and one of its drivers were negligent and caused a collision near Newark Airport, saying the trial court correctly found that there was insufficient evidence to support the plaintiff's claims.
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September 19, 2025
3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'
The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.
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September 19, 2025
NJ Shipyard Agrees To Pay $4M To Settle FCA Allegations
A New Jersey shipyard will pay $4 million to settle False Claims Act allegations that it employed immigrants without work authorizations to repair Navy vessels as part of its federal contract, prosecutors said.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
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September 19, 2025
Ex-Client Says Sills Cummis Depositions Should Proceed
A former Sills Cummis & Gross PC client suing the firm over excessive legal fees has asked a New Jersey state judge to proceed with the deposition of five current or former attorneys and paralegals, rejecting the argument that it would be time-consuming and expensive.
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September 19, 2025
NJ DOL Snags $19M From Lyft After Misclassification Audit
Lyft shelled out more than $19 million after an audit by the New Jersey Department of Labor and Workforce Development found that the ride-hailing company misclassified more than 100,000 drivers as independent contractors, the agency announced this week.
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September 19, 2025
Gold Star Mother Accuses Atty Of Malpractice In Fraud Case
The mother of a deceased Army service member is suing a high-profile military-focused attorney in New Jersey federal court, alleging the attorney blew her chance at recouping money from a convicted fraudster who preyed on military families.
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September 19, 2025
Sirva Sues Ex-General Counsel Over $2.6M Fund Transfers
Moving giant Sirva has sued the ex-general counsel of a predecessor company, seeking a declaration from a New Jersey federal court that it is the rightful owner of $2.6 million in funds it says the lawyer sent to a bank account he controls for an investment entity.
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September 19, 2025
Rite Aid Gets OK To Seek Votes On Dual-Track Ch. 11 Plan
A New Jersey bankruptcy judge on Friday approved drugstore chain Rite Aid's bid to take votes on a Chapter 11 plan as the debtor weighs whether to complete a deal with McKesson Corp. or formally seek to dismiss its bankruptcy case.
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September 18, 2025
Texas Co. Sues Over Unpaid Work On NJ Mall Gaming Site
An Austin, Texas, company is claiming in New Jersey state court that a client is hiding behind a web of companies to avoid paying $500,000 for a job to furnish and install lighting features at an interactive gaming attraction in New Jersey's American Dream mall.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
Pet Food Tray Sellers Sue Rival Over Patent Complaints
Pet product companies based in China have sued a New Jersey woman for allegedly making "frivolous" complaints of patent infringement against them, causing retailers to pull their products from shelves.
Expert Analysis
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Learning From COVID-19 Enforcement Against Nursing Homes
Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.