New Jersey

  • January 26, 2023

    NJ Panel Says Smith & Wesson Can't Stop Ad Info Subpoena

    Smith & Wesson Sales Co. Inc. cannot block a subpoena from the New Jersey Division of Consumer Affairs seeking information on its marketing materials, a state appellate panel ruled Thursday in another loss for the gunmaker related to the Garden State's probe.

  • January 26, 2023

    'Zombie' Retailers Like Bed Bath & Beyond Face A Reckoning

    Retailers like Bed Bath & Beyond that rode a wave of low-cost capital to survive the COVID-19 pandemic have now become "zombie companies" that can only make enough revenue to service their debt, setting the stage for current economic conditions to drive them into bankruptcy, experts say.

  • January 26, 2023

    NJ Atty Claiming She Was Fired For Not Lying Will Get Trial

    Two law firm owners accused of retaliatory termination and failure to pay earned commissions have lost their bid to have the lawsuit in New Jersey state court tossed after previously telling Law360 the former employee, who accused them of directing her to lie in an affidavit, was "just making up a lot of stuff."

  • January 26, 2023

    Five Below Faces Patent Claims Over Sauce Holder Sales

    An Ohio inventor that patented a dipping sauce holder to make it available to drivers eating behind the wheel has sued Five Below Inc. and a chemical manufacturing company, accusing them of violating the inventor's intellectual property by selling an infringing product.

  • January 25, 2023

    Clawback Issue Should Delay BlockFi Return, Committee Says

    The committee of unsecured creditors in the Chapter 11 case of cryptocurrency platform BlockFi Inc. told a New Jersey bankruptcy judge that it supports the debtor's proposal to release digital assets to customers, but said issues about the validity of transfers to customer wallets need to be resolved first.

  • January 25, 2023

    3rd Circ. Chastises 'Ethnocentric' Immigration Judges

    In a precedential opinion Wednesday, the Third Circuit undid the deportation of an Indigenous man from Guatemala who claimed he faced persecution for his ethnicity, reasoning that immigration authorities acted in an "ethnocentric" way in misapprehending the law to determine if the man faced persecution.

  • January 25, 2023

    Lawmakers Hear From Rare Biden Red State Trial Court Pick

    Senate Democrats restarted their judicial confirmation efforts Wednesday with a hearing featuring five district court picks who were announced last year, including just the second trial court nominee from President Joe Biden in a red state to appear before lawmakers.

  • January 25, 2023

    NJ Atty's Gun In Court Draws Censure But Splits Board

    A New Jersey attorney was censured recently for bringing a loaded gun without a permit to the Middlesex County courthouse in 2019, a case that left the state's Disciplinary Review Board torn about the appropriate punishment and how to discourage what it sees as a growing trend of lawyers acting carelessly with firearms.

  • January 25, 2023

    NJ Firm Collapse Lands Both Partners With Ethics Dings

    A pair of New Jersey attorneys were hit with ethics violations by the state Supreme Court over how each one misused their joint firm's business account during a breakdown in their decades-long professional relationship in late 2018.

  • January 25, 2023

    NJ State Bar, Black Staffer Agree To End Race Bias Suit

    A Black staff member for the New Jersey State Bar Association who alleged she was passed over for a salary hike and promotion in favor of a less qualified white candidate has agreed to end her claims, according to a joint stipulation of dismissal filed in New Jersey state court.

  • January 25, 2023

    Freeman Mathis Partner Accused Of Accosting Opposing Atty

    The chair of Freeman Mathis & Gary LLP's Newark, New Jersey, office was physically aggressive toward an opposing attorney during a settlement conference in a suit over a mortgage agreement, that attorney told a New Jersey federal magistrate judge.

  • January 25, 2023

    Horse Trainer Gets 5 Years In Doping Scheme

    A horse trainer who admitted to assisting a sweeping scheme to give racehorses performance enhancing drugs to gain an edge at the track was sentenced to more than five years in prison.

  • January 25, 2023

    3rd Circ. Won't Revive Energy Co. Worker's Retaliation Suit

    The Third Circuit refused to reinstate a former energy company worker's retaliation lawsuit against his employer, saying too much time elapsed between his allegation that a co-worker had inappropriately touched him and his firing to suggest a connection.

  • January 25, 2023

    Power Plant Operator Heritage Hits Ch. 11 With $686M Debt

    Power plant operator Heritage Power has filed for Chapter 11 protection in a Texas bankruptcy court, saying it is seeking to shed burdensome contracts and enact a debt-for-equity restructuring agreement to deal with $686 million in debt.

  • January 24, 2023

    NLRB, Union Urge 3rd Circ. To Back Hospital Disclosure Order

    A health care workers union and National Labor Relations Board attorneys told the Third Circuit to uphold a board decision from last year requiring two hospitals to hand over certain documents about a sale, arguing the hospitals ignored the appeals court's prior ruling about the relevancy of the information.

  • January 24, 2023

    4th Circ. Weighs Help Of W.Va. Justices In Pelvic Mesh Appeal

    The Fourth Circuit on Tuesday seemed poised to seek assistance from West Virginia's highest court about whether a jury was properly instructed at trial in a product liability suit against Johnson & Johnson and its subsidiary over a pelvic mesh product, despite objections from both sides of the aisle.

  • January 24, 2023

    Ex-Worker Says Insurance Co. Fired Him For Having Cancer

    After he took medical time off related to his cancer, a former insurance sales manager endured "condescending and hostile" treatment from a supervisor who ultimately terminated him based in part on made-up customer complaints, according to a suit filed in New Jersey federal court.

  • January 24, 2023

    Ex-New Jersey AG Tapped To Lead County Election Probe

    A former New Jersey attorney general and Patterson Belknap Webb & Tyler LLP partner will lead an investigation into voting machine problems in Monmouth County that appear to have caused miscounts in six local elections in November 2022, the attorney general's office announced Tuesday.

  • January 24, 2023

    DOJ Files 2nd Google Suit In Latest Ad Tech Challenge

    The U.S. Department of Justice doubled its assault on Google on Tuesday in a Virginia federal court complaint alleging the company has illegally established a monopoly on digital advertising technology and seeking a court order to break up that part of its business.

  • January 23, 2023

    Chancery Won't Let Trust Siphoning Suit Move To NJ

    A battle over an alleged multiyear scheme to siphon away assets of a royalty-funded, family-controlled corporation worth hundreds of millions by the widow of its founder and her advisers will stay in Delaware's Court of Chancery under a ruling Monday that rejected claims that New Jersey is the proper forum.

  • January 23, 2023

    3rd Circ. Refuses Review of Father's Deportation Relief Bid

    The Third Circuit on Monday refused to look at a Mexican father's deportation cancelation request he brought based on hardships his daughter would suffer if he were to be sent back to Mexico, saying it lacked authority to review his request.

  • January 23, 2023

    Woman Says TRESemmé Shampoo Caused Hair Loss

    A woman who says her hair fell out after using TRESemmé shampoo is suing the brand's parent company over its use of a chemical that can cause hair loss, thinning hair and scalp irritation, even after consumer complaints alerted it of the potential danger.

  • January 23, 2023

    Businesses Again Ask 3rd Circ. To Send Virus Suits To Pa.

    A group of businesses that was denied insurance coverage for losses sustained during state-mandated COVID-19 shutdowns wants the Third Circuit to reconsider part of its earlier ruling and let the Pennsylvania Supreme Court weigh in on whether the businesses should get coverage under state law.

  • January 23, 2023

    Confidentiality Covers Calcagni & Kanefsky Client For Now

    New Jersey firm Calcagni & Kanefsky LLP will not have to identify a client facing defamation charges for blowing the whistle on allegedly illegal operations by a Swedish gambling company without a more thorough review of the allegations, the New Jersey Appellate Court ruled, reversing a lower court's earlier decision.

  • January 23, 2023

    Fugitive In $100M NJ Deli Fraud Scheme Arrested In Thailand

    A fugitive accused of running a market manipulation scheme along with his father and a blacklisted stockbroker involving a small New Jersey deli has been arrested in Thailand, New Jersey federal prosecutors confirmed Monday.

Expert Analysis

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • How NJ Employers Should Plan For State WARN Act Overhaul

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    Almost three years after they were signed into law, the amendments to New Jersey's WARN Act will finally take effect in April, so Garden State employers should be mindful of the significant changes that make this arguably the most arduous WARN statute in the U.S. and the dramatically different landscape they will face going forward, say attorneys at Duane Morris.

  • How The 5th Circ.'s CFPB Ruling Has Been Applied So Far

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    Since the Fifth Circuit ruled that the Consumer Financial Protection Bureau's independent funding structure is unconstitutional, litigants have found several ways to capitalize on the resulting uncertainty — and no courts have yet dismissed any suits based on the decision, say Courtney Hayden and Kelsey Pelagalli at Goodwin.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • Prepetition Lease Termination Ruling Creates Uncertainty

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    The Third Circuit’s recent ruling in Pazzo Pazzo, which held that prepetition option termination did not give rise to a transfer, feels somewhat unsatisfactory, as it does not analyze whether the termination of the lease constituted a transfer and follows similar cases that lack uniformity, say Shmuel Vasser and James Moser at Dechert.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • Hertz Ruling Could Help Debtors Avoid Make-Whole Premiums

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    A Delaware bankruptcy court’s recent ruling in Hertz, disallowing claims for make-whole premiums and post-petition interest at the contract rate, could be relied upon by debtors to sidestep those provisions, and potentially provide higher recoveries for equity holders, say Theresa Foudy and Alexander Severance at MoFo.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • Mallinckrodt Ruling Holds Creditor Lessons For IP Sellers

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    A District of Delaware court's recent ruling in Mallinckrodt — which affirmed that the debtor could discharge certain royalty obligations — should induce intellectual property sellers to strengthen their creditor status in the event purchasers file for bankruptcy, say Mark Dendinger and Jonathan Lozano at Bracewell.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

  • What We Learned From 2022's Top FCRA Developments

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    Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

  • Legal Standing For Nature: The Road Not Taken

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    Fifty years have passed since former U.S. Supreme Court Justice William O. Douglas asked whether natural objects like trees and rivers should have standing — and while the high court has since narrowed access to the courtroom for potential environmental plaintiffs, Douglas' vision is worth revisiting, says Ninth Circuit Judge Margaret McKeown.

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