New Jersey

  • October 19, 2017

    NJ Justices Disbar Atty Who Stole Client Funds To Gamble

    The New Jersey Supreme Court has disbarred an attorney who was convicted of stealing $2.6 million from his former employer to fund his gambling addiction, according to a decision and order made public Wednesday.

  • October 19, 2017

    3rd Circ. Ends Mary Kay Workers' Forced Merchandise Suit

    The Third Circuit on Thursday denied a former Mary Kay beauty consultant's effort to revive a proposed class action accusing the company of forcing her and other independent contractors to purchase company merchandise, finding she had failed to counter contract language directing disputes to Texas court.

  • October 19, 2017

    GM To Pay $120M To End States' Ignition-Switch Probes

    General Motors Co. on Thursday agreed to pay $120 million to settle investigations by attorneys general from 49 states and the District of Columbia into the company’s alleged concealment of a deadly defect in the ignition switches of its vehicles.

  • October 19, 2017

    Prior Fee Suit Bars Malpractice Claims, NJ Panel Says

    Borrus Goldin Foley Vignuolo Hyman & Stahl PC on Thursday dodged a legal malpractice complaint over its representation of a client suing a business partner over allegedly diverted funds, as a New Jersey appeals court affirmed the claims should have been lodged in a prior fee-collection dispute.

  • October 19, 2017

    Trump's Picks For DOJ Role, Chicago US Atty Head To Senate

    The Senate Judiciary Committee advanced President Donald Trump’s picks for a senior post at the U.S. Department of Justice, Chicago’s U.S. attorney and several trial judges Thursday, despite Democrats’ concerns about one judge’s defense of state voting maps in private practice.

  • October 18, 2017

    Menendez 'Not Angry' Over Medicare Policy, Ex-Staffer Says

    A former staffer of Sen. Bob Menendez on Wednesday said the senator did not speak in an angry tone in 2009 when challenging a policy underlying an $8.9 million Medicare overbilling dispute involving a Florida ophthalmologist, contradicting earlier testimony from a government witness at the senator and doctor's bribery trial.

  • October 18, 2017

    Crowell & Moring Adds NJ's Former 1st Asst. AG To NY Office

    Crowell & Moring LLP said Wednesday that it has bolstered its government enforcement capabilities with the addition of New Jersey’s former second-highest-ranking law enforcement officer as a partner in the firm’s white collar and regulatory enforcement group.

  • October 18, 2017

    Aerogroup’s $25M DIP Deal A ‘Nonstarter,’ Judge Says

    A Delaware bankruptcy judge on Wednesday shot down a $25 million Chapter 11 debtor-in-possession loan deal sought by bankrupt Aerogroup International Inc., telling an attorney for the shoe producer and retailer that “the terms proposed are a nonstarter for me.”

  • October 18, 2017

    Judge Can't Dodge Training Ban During Probe, NJ Argues

    New Jersey's judicial administrator on Tuesday urged a federal judge to deny a state judge's request to attend a professional training program next month, arguing that he's barred from work duties while judiciary officials probe misconduct allegations against him.

  • October 18, 2017

    3rd Circ. Revives Eyedrop Users' Action Over Dosage Size

    The Third Circuit on Wednesday revived a putative class action accusing Merck and other drug companies of boosting eyedrop sales by using bottles that dispense larger-than-needed doses, saying the suing consumers had shown harm and did have standing.

  • October 18, 2017

    Gov't, Defense An Ocean Apart On Pastor's Sentence

    Manhattan federal prosecutors on Wednesday painted a sinister picture of Trevon Gross, the New Jersey pastor convicted of scheming to co-opt a small bank for shady bitcoin transactions, but their effort to put Gross behind bars, possibly for 15 years, clashed conspicuously with a defense request for a sentence without prison time.

  • October 18, 2017

    3rd Circ. Says Investors' Atty Hid Info, Buries $30M Award

    The Third Circuit determined Wednesday that a New Jersey bankruptcy court was right to throw out a $30 million judgment against a Wall Street stockbroker accused of fraud, saying in its precedential ruling that the investors’ attorney had deliberately withheld key information about a separate settlement.

  • October 18, 2017

    Ex-NJ Health Care Leader Joins Porzio Bromberg

    Porzio Bromberg & Newman PC has added former New Jersey Department of Human Services official Elizabeth Shea to its practice as of counsel at its Morristown headquarters in the Garden State, where she’ll focus on health care clients and serve as vice president of the firm’s compliance subsidiary, the firm said Tuesday.

  • October 18, 2017

    EU Accepts Becton Dickinson's Fixes For $24B Bard Buy

    Europe's competition enforcer said on Wednesday that it has approved Becton Dickinson and Co.'s planned $24 billion purchase of fellow New Jersey-based medical supply company C.R. Bard Inc., accepting the divestment proposed by BD last month.

  • October 17, 2017

    Crist Visit To Menendez Doc Used To Counter Bribery Charges

    Rep. Charlie Crist, D-Fla., showed up unannounced in 2010 at the home of a Florida ophthalmologist and slept there on the same weekend when Sen. Bob Menendez traveled to and from the Sunshine State at the physician’s expense, according to testimony Tuesday at the senator and doctor’s bribery trial.

  • October 17, 2017

    NJ Court Tees Up Fights On Building Defect Coverage Trigger

    A New Jersey appeals court set the stage for high-stakes battles between policyholders and their insurers over insurance for construction defect liability claims by ruling last week that coverage extends until the nature and scope of the property damage becomes apparent.

  • October 17, 2017

    Chicago Law Firm Brings Proposed Class Action Over Faxes

    Two New Jersey companies violated the Telephone Consumer Protection Act by sending unsolicited faxes to Chicago personal injury firm Grazian & Volpe PC, the practice alleged in a proposed class action filed in Illinois federal court Monday.

  • October 17, 2017

    3rd Circ. Backs Daily News, TMZ In Libel Suit

    The Third Circuit on Tuesday affirmed that several media outlets including the New York Daily News and TMZ Productions Inc. did not commit libel when they reported on a New Jersey woman’s purported involvement in an illicit drug and prostitution ring, allegations that she was later cleared of.

  • October 17, 2017

    NJ Doctor Cops To Bilking Medicare, Others Out Of $3M

    A New Jersey doctor pled guilty in federal court Tuesday to cheating Medicare and private insurers out of over $3 million in claims by billing for physical therapy sessions that were performed by unqualified personnel, the U.S. Department of Justice announced.

  • October 17, 2017

    NJ Panel Keeps Legal Malpractice Suit Nixed Over Experts

    The New Jersey Appellate Division on Tuesday affirmed the dismissal of a malpractice suit against a law firm and solo practitioner over their representation in a botched in-ground pool installation case that made it to the state Supreme Court, ruling that the suing couple’s expert witnesses didn’t pass muster.

Expert Analysis

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.