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New Jersey

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    3rd Circ. Says RICO Claims Must Cover More Than 9 Months

    Two real-estate insurance companies escaped accusations of fraud from two former customers when the Third Circuit ruled Thursday that the alleged activity did not occur long enough to establish a pattern of racketeering.

  • June 15, 2018

    NJ Advisory Firm Loses Registration Over Phony Securities

    New Jersey’s securities enforcement unit revoked a Morris County investment firm’s registration on Friday after its owner sold $6.1 million in unregistered securities to elderly and retired residents and took money from the sales for personal use.

  • June 15, 2018

    FCC Urged To Fight Contractor Debt-Collection Robocalls

    A bipartisan group of lawmakers on Friday called on the Federal Communications Commission to beef up rules against federal contractors sending robocalls and texts, saying the agency shouldn't be deterred after its definition of autodialer was rejected as too broad by the D.C. Circuit.

  • June 15, 2018

    Caesars Wins Reversal Of Pension Fund's Arbitral Award

    A New Jersey federal judge has vacated an arbitration award in favor of a union pension fund that  challenged Caesars Entertainment Corp.'s partial withdrawal from the plan after the company closed the Showboat Atlantic City casino. 

  • June 15, 2018

    3rd Circ. Upholds UPenn Win In Ex-Worker's Retaliation Suit

    A Third Circuit panel on Friday backed a lower court’s decision handing a quick win to the University of Pennsylvania in a former employee’s suit that claimed she was retaliated against after she filed an age and disability discrimination charge with the Equal Employment Opportunity Commission.

  • June 15, 2018

    10 Firms To Steer Biotech-Heavy IPO Lineup Exceeding $1B

    Ten firms are slated to guide 10 initial public offerings projected to raise about $1.3 billion during the week of June 18, representing a lineup dominated by biotechnology issuers plus a real estate investment trust as IPO season hits a busy stretch before the July 4 holiday.

  • June 15, 2018

    MGM Teams With Gambling Co. For NJ Sports Betting

    International Game Technology PLC is gambling on the new sports-betting market in New Jersey through a venture with an MGM Resorts International casino, marking the latest deal sparked by the legalization of sports gambling in the Garden State.

  • June 15, 2018

    OneWest Again Avoids Fraud Claim In Foreclosure Action

    A New Jersey state appeals court has refused to revive a consumer fraud claim against OneWest Bank FSB in a mortgage foreclosure action, saying a trial court properly found that the bank could not be held liable since its predecessor has not been connected to the allegedly illicit conduct of a mortgage broker.

  • June 15, 2018

    Maxus Trustee Targets YPF, Repsol In $14B Ch. 11 Fraud Suit

    The liquidating trust for bankrupt Maxus Energy on Thursday launched a potential $14 billion, 23-count adversary suit in Delaware Bankruptcy Court against Spanish energy giant Repsol SA and Argentina-based YPF SA, accusing both of using Chapter 11 to duck U.S. environmental liabilities.

  • June 15, 2018

    Verizon Unit Loses NJ Bid To Restore $271M Tax Deduction

    MCI Communication Services Inc. lost its bid to restore a roughly $271 million tax deduction after a New Jersey state appeals court on Friday upheld a ruling that the business must pay state tax in connection with income derived from canceled debt that was “pushed down” by its parent company.

  • June 15, 2018

    Broker Slams SEC's 3rd Circ. Appeal In Penny Stock Case

    A broker-dealer has slammed the U.S. Securities and Exchange Commission's bid at the Third Circuit to overturn the dismissal of its civil case over an alleged $17.2 million pump-and-dump penny stock scheme, arguing that the agency pushed for punitive damages too late.

  • June 15, 2018

    Citi To Pay States $100M For Libor Rigging

    A Citigroup Inc. unit has agreed to pay $100 million to 41 U.S. states and the District of Columbia for manipulating its U.S. Dollar London Interbank Offered Rate submissions in order to dodge bad publicity, prosecutors said Friday.

  • June 14, 2018

    3rd Circ. Rejects Rehearing Bid In Pa. Patient Death Suit

    The Third Circuit has declined to reconsider its May decision to affirm a defense verdict in a suit alleging a patient’s death was caused by a doctor’s failure to surgically implant a feeding tube as requested by the patient’s son through his power of attorney.

  • June 14, 2018

    NJ Car Owners Score Victories In Suits Against Towing Cos.

    Motor vehicle owners in New Jersey may sue towing companies over their fees without having to exhaust administrative remedies, and the businesses are not shielded from such liability when police direct them to tow a car without the owner’s consent, a state appeals court said Thursday in a published opinion.

  • June 14, 2018

    Vanguard Class Barred By Litigation Reform, 3rd Circ. Told

    The Vanguard Group Inc. urged the Third Circuit on Thursday to toss a putative class action alleging investors were overcharged commission fees, arguing the claim is barred under federal litigation reforms that limit the types of securities class actions consumers can lodge against companies.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • NJ Partnerships End Up Winners In Tax Court Decision

    Jaime Reichardt

    New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • NJ Construction Employers Must Prepare For Crackdown

    Kevin O’Connor

    New Jersey Gov. Phil Murphy recently signed a new executive order turning up the heat on construction companies that misclassify employees as independent contractors. Moving forward, New Jersey construction firms may face the kind of scrutiny that New York contractors have seen for several years now, say Kevin O'Connor and Joseph Vento of Peckar & Abramson PC.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.