New Jersey

  • November 30, 2020

    Ex-Clients Say Fox Rothschild Exposed Them To Enviro Costs

    Fox Rothschild LLP and a onetime firm lawyer have been slammed with a malpractice suit in New Jersey state court alleging their work in transferring title to a property in 1994 left their former clients responsible for environmental cleanup costs at the contaminated site.

  • November 30, 2020

    30 AGs Back $465M J&J Verdict In Landmark Opioid Trial

    A $465 million judgment against Johnson & Johnson after the first trial in a nationwide wave of opioid-crisis litigation was legally sound and strengthened other lawsuits aimed at holding pharmaceutical companies accountable for rampant painkiller addiction, 30 attorneys general told the Oklahoma Supreme Court.

  • November 30, 2020

    Gov't Contracts Of The Month: Vaccines, Arms, Cloud Awards

    November saw the U.S. Department of Health and Human Services unveil pharmacy partnerships as part of its COVID-19 vaccine distribution plan, the CIA award a cloud-computing contract to tech giants, and the U.S. Department of Defense seal contracts worth more than $9 billion with General Dynamics and Boeing. Here are Law360's top picks for government contracting in November.

  • November 30, 2020

    PharMerica Beats Whistleblower's FCA Suit Over 'Swapping'

    A New Jersey federal judge has tossed a False Claims Act lawsuit over kickbacks that PharMerica Corp. allegedly paid to nursing homes, reasoning that the whistleblower's complaint detailing an illegal "swapping" scheme didn't support a new liability theory he introduced late in the litigation.

  • November 30, 2020

    Ann Taylor, Lane Bryant Parent Files To Sell Brands For $540M

    Ascena Retail Partners has asked a Virginia bankruptcy court for permission to sell its Ann Taylor and Lane Bryant stores to an affiliate of private equity firm Sycamore Partners for $540 million.

  • November 30, 2020

    3rd Circ. Revives Ink Maker's Suit Over Plant Explosion

    The Third Circuit revived most of an ink manufacturer's lawsuit stemming from a fire suppression system's explosion at a New Jersey facility, ruling Friday in a precedential decision that fraud claims aren't necessarily precluded by product liability law.

  • November 30, 2020

    NJ Court Won't Alter Negligence Rule In Elevator Injury Row

    A New Jersey state appeals court on Monday refused to scrap the requirement that a woman show she didn't cause her own injuries while boarding an elevator at her apartment building in order to obtain an inference of negligence in her now-dismissed claims against the property owner and related parties.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 29, 2020

    3rd Circ. Roundly Rejects Trump's Pa. Election Appeal

    The Third Circuit resoundingly rejected President Donald Trump's effort to keep his lawsuit challenging the outcome of Pennsylvania's elections alive, denying his campaign's appeal that sought to file a third version of its previously tossed complaint in federal court.

  • November 25, 2020

    Zydus Insists Mitsubishi Doesn't Deserve Diabetes Patents

    Zydus Pharmaceuticals punctuated the six-day trial in its bid to bring generic diabetes drugs to market by filing a 100-page, post-trial brief doubling down on its claim that Mitsubishi Tanabe Pharma Corp. is engaging in "gamesmanship" to extend the life of one of three patents Zydus is accused of infringing.

  • November 25, 2020

    Trump Wants Giuliani To Take Center Stage At 3rd Circ.

    President Donald Trump's reelection campaign wants the Third Circuit to hear oral arguments on a bid to reverse President-Elect Joe Biden's win in Pennsylvania, and they want Rudy Giuliani to represent them despite his panned performance in the lower court and the fact that he's not certified for the Third Circuit.

  • November 25, 2020

    Appeals Court Says NJ Medical Pot Permit Scoring Is Flawed

    A New Jersey appellate panel said Wednesday there were serious problems with the way the state scored medical marijuana permit applications, sending the state's Department of Health back to reconsider applications submitted by rejected companies.

  • November 25, 2020

    NJ Gym Can't Halt Civil Case Over Flouting Virus Shutdown

    A New Jersey gym facing an enforcement order and hefty fine after defying Gov. Phil Murphy's COVID-19 shutdown orders can't get a civil lawsuit against it paused while the gym's owners battle criminal charges, a state judge has ruled.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 24, 2020

    Judge Trims Drivers' Suit Over Cracked Subaru Windshields

    A New Jersey federal judge on Tuesday trimmed several counts from a proposed class action against Subaru over alleged spontaneously cracking windshields but left most counts intact, ruling the consumers can sue over vehicle models they have not owned or leased.

  • November 24, 2020

    Ex-Fox Rothschild Atty Blasts Redo Bid In Bias, Assault Suit

    A former Fox Rothschild LLP attorney has joined the firm in denouncing what he called a former legal assistant's "outlandish" bid to revive parts of her sexual assault and discrimination suit against him and the firm, arguing that the assistant rehashed arguments that the New Jersey federal court already rejected in October.

  • November 24, 2020

    NJ Judge Reprimanded For Hearing Her Landlord's Cases

    A New Jersey municipal judge has been publicly reprimanded by the state's high court after admitting last year to violating judicial ethics rules by not recusing herself in cases involving an attorney who was her office landlord.

  • November 24, 2020

    Pa. Certification Means Game Over For Trump, 3rd. Circ. Told

    Pennsylvania counties and election officials urged the Third Circuit on Tuesday to reject an appeal from President Donald Trump's reelection campaign, arguing that his efforts to toss out votes from Democratic-leaning counties were futile and moot after the Keystone State certified President-elect Joe Biden's win there.

  • November 24, 2020

    Networks Say Looser Ownership Rules Could Save Broadcast

    The U.S. Supreme Court must not seal a bleak future for TV networks by maintaining Federal Communications Commission ownership restrictions that prevent local stations from combining, major broadcasters wrote in amicus briefs filed Monday.

  • November 24, 2020

    Ex-UAW VP Slams GM's 'Scorched Earth' Bribery Scheme Suit

    Former United Auto Workers Vice President Joseph Ashton has fired back at General Motors' "half-baked" and "convoluted" allegations that Ashton accepted illicit bribes and fed GM's confidential information to rival automaker Fiat Chrysler to undercut GM during collective bargaining negotiations.

  • November 24, 2020

    NJ Immigrant Detainees Get Class Cert. In COVID-19 Suit

    A New Jersey federal judge on Monday certified a class of Elizabeth Detention Center immigrant detainees who allege the government has violated federal COVID-19 safety guidelines by holding them in cramped quarters that are allegedly perfect for spreading the virus, but held off on deciding the merits of the claims.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 23, 2020

    Jacoby & Meyers Slams Renewed Cert. Bid In Billing Suit

    Jacoby & Meyers LLP and Finkelstein & Partners LLP slammed a motion by a proposed class of ex-clients to renew a class certification bid in a billing suit, arguing Friday that the members are not typical of most certified classes and that they don't show that common issues dominate their action.

Expert Analysis

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • How Federal Virus Liability Law Will Apply To Vaccine Claims

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    Three federal court decisions addressing the Public Readiness and Emergency Preparedness Act suggest that the law likely preempts state claims related to a COVID-19 vaccine, but is unlikely to cover the failure to administer the vaccine, says Nathan Adams at Holland & Knight.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Ex-Informant Ruling Guides On Challenging SEC Enforcement

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    A New Jersey federal court’s recent decision in a dispute between the U.S. Securities and Exchange Commission and a former government informant highlights the agency's obligations as a litigant, and offers guidance for challenging enforcement actions in court, say attorneys at Troutman Pepper.

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