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March 25, 2024
3 Class Claims Follow US Antitrust Suit Against Apple
Days after the U.S. Department of Justice filed a sweeping antitrust suit against Apple in New Jersey federal court, a group of iPhone buyers are filing suit, launching three separate proposed class actions between Friday and Saturday accusing the tech giant of suppressing innovation in the digital apps, wearables and payments industries through anticompetitive agreements.
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March 25, 2024
J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs
Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.
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March 25, 2024
3rd Circ. Says NJ City Can't Stop Sale Of Failed Project's Sites
The Third Circuit tossed a New Jersey city's challenge of a bankruptcy court ruling that allowed the two local properties of a failed affordable housing project to be sold to a third party, according to an unpublished opinion Monday.
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March 25, 2024
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.
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March 25, 2024
Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit
A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.
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March 25, 2024
NJ Justices End Suit That Alleged Fake Aeropostale Discounts
The New Jersey Supreme Court on Monday dismissed consumers' claims that the owner of several Aeropostale stores in the Garden State deceived them with phony discounts, ruling that the shoppers received the merchandise they expected despite not receiving a true price cut.
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March 25, 2024
Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony
Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.
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March 25, 2024
Rep. Kim Still Suing Over NJ Ballot Issue Post-Murphy Exit
U.S. Rep. Andy Kim, D-N.J., is not dropping his lawsuit challenging the fairness of New Jersey's layout for the primary election ballot despite the fact that his opponent for the Democratic nomination for the Senate, New Jersey first lady Tammy Murphy, ended her campaign on Sunday.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Lowenstein Sandler Hires COO From Goodwin Procter
Lowenstein Sandler LLP has gained a new chief operating officer with the addition of a corporate legal pro with 25 years in the industry, 10 of which he spent as the COO at Goodwin Procter LLP, the firm announced Monday.
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March 25, 2024
'Bridgegate' Atty Among Pair Of New Arnold & Porter Partners
Arnold & Porter Kaye Scholer LLP has expanded its partner ranks with a former prosecutor in the "Bridgegate" case and a onetime environmental law practice leader at another firm moving to its New Jersey, New York and Boston offices, the firm announced Monday.
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March 25, 2024
Northwind Breaks Office Lending Drought With $65M Loan
Northwind Group announced Monday it has loaned $65 million to the new owner of a 33-story Class A office building in Jersey City, New Jersey, known as Harborside 5, marking the first office loan the private equity firm has extended in three years.
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March 22, 2024
Judge Spares No Ink In Opinion Over Investors' $2.7M Deal
A New Jersey federal judge in his first year on the federal bench has issued an exhaustive order accounting why he will "likely" approve a $2.7 million settlement between investors and executives of an electric vehicle company and grant certification to the proposed class.
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March 22, 2024
Trims Recommended In Zelle Fraud Victims' Case Against BofA
A North Carolina federal magistrate judge has recommended trimming claims in a proposed class action that alleges Bank of America NA didn't compensate for or adequately investigate scammers' unauthorized Zelle transactions despite assurances to victims who lost thousands of dollars.
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March 22, 2024
Success Unlikely For Menendez As Independent, Analyst Says
Although embattled Sen. Robert Menendez, under indictment on federal corruption charges, announced he will not run in New Jersey's Democratic primary but may seek reelection as an independent, the effort is likely to be fruitless, a Garden State political analyst said Friday.
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March 22, 2024
US Antitrust Enforcers Keep Big Tech Cases Coming
A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.
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March 22, 2024
3rd Circ. Says Tax Court Has Power To Tackle Debt Offset Case
A woman whose tax refunds were withheld by the Internal Revenue Service for five years to satisfy what the agency said was her underlying tax liability will get another chance to convince the U.S. Tax Court that the government was wrong, the Third Circuit ruled Friday.
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March 22, 2024
NJ Appeals Court Shuts Down Fired White Worker's Bias Suit
A New Jersey appeals court backed a life sciences company's win in a former manager's suit claiming she was unlawfully fired for posting statistics about police violence on social media following the 2020 murder of George Floyd, ruling she hadn't shown the company discriminated against white workers.
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March 22, 2024
LifeCell Cleared Of Liability In NJ Strattice Hernia Mesh Trial
New Jersey state jurors on Friday cleared LifeCell of liability in a Kentucky woman's suit alleging the design of its Strattice surgical mesh is defective and caused a hernia to reoccur and ultimately resulted in "life-altering" surgery, giving the medical device company the first win in a venue with at least 93 pending cases with tort claims over the mesh.
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March 21, 2024
Colo. Distributor Seeks $2.3M Sanction For Stryker Spoilation
A Colorado medical device distributor urged a federal judge to make Stryker and its lawyers pay $2.3 million in attorney fees as sanctions for "pervasive misconduct" throughout discovery and trial, arguing discovery violations will otherwise become the "cost of doing business" for the medical technology giant.
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March 21, 2024
Chief Of Bogus PE Firm Gets 6 Years For $10M Affinity Fraud
The Colorado-based CEO of a purported investment firm faces nearly six years in prison after pleading guilty to securities fraud in connection with a $10.4 million scheme targeting West Point grads and involving claims he planned to invest in a trio of Italian cycling companies.
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March 21, 2024
4 Things To Know About DOJ's Apple Antitrust Showdown
As Apple prepares to fight state and federal prosecutors' monopoly claims filed Thursday, consumer advocates say it's high time allegations that the company stifles competition in the smartphone and app markets be taken to court, but Apple warns that a win for the government would harm its users.
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March 21, 2024
Unabomber Prosecutor To Probe FTX's Sullivan & Cromwell Ties
The Delaware bankruptcy court overseeing the Chapter 11 case of FTX Trading Ltd. has approved the appointment of a former federal prosecutor, whose experience includes work on the Unabomber case, to delve into accusations Sullivan & Cromwell is conflicted as debtor's counsel.
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March 21, 2024
Woman Lost Independence Due To Strattice Mesh, Jurors Told
A Kentucky woman told New Jersey state jurors on Thursday that LifeCell skipped important safety steps while designing its Strattice surgical mesh, and that those skipped steps caused a hernia to reoccur and ultimately resulted in the loss of her independence.
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March 21, 2024
3rd Circ. Agrees Investors Have No Case Against Vax Maker
The Third Circuit on Thursday upheld a Pennsylvania federal judge's ruling that a putative class of investors alleging biopharmaceutical company Ocugen Inc. made misleading statements about its ability to quickly produce a COVID-19 vaccine failed to state a claim against the company.
Expert Analysis
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New NJ Law Creates Flexibility For Corporate Conversion
Come November, the new conversion provisions in New Jersey's recently enacted S.B. 142 will provide corporations and LLCs with additional flexibility in structuring certain types of common business and investment transactions, representing an important step for the incorporation of businesses in the state, say attorneys at McCarter & English.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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What Courts Say About Workers' Comp And Medical Marijuana
Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.
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How Electric Vehicles Will Affect Land Use And Development
The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.
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Title IX Damages Outlook 1 Year After High Court Ruling
Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.
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Health Staffing Shortages May Draw More Antitrust Scrutiny
Though courts have been historically hesitant to police hospital staffing under antitrust laws, recent staffing shortages in the health care industry have created a stronger need to preserve competition in the market and will likely result in crackdown efforts from courts, say Dylan Newton and Michael Horn at Archer & Greiner.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.