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New Jersey
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January 15, 2025
New Jersey AG Deputy Steps Up To Director In Staff Shake-Up
The deputy director of New Jersey's Division of Criminal Justice will rise to the division's top role later this month when the current director returns to the private sector as part of a staffing shuffle that includes filling the office's chief of staff, Attorney General Matt Platkin said Wednesday.
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January 15, 2025
McElroy Deutsch Can Go After Ex-Exec's $1M Home
A former business development director for McElroy Deutsch Mulvaney & Carpenter LLP, whose husband pled guilty to stealing millions of dollars from the law firm, where they were both employed, cannot duck her onetime employer's legal claim on her $1 million house, a New Jersey state court judge has ruled.
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January 15, 2025
Elusive Cognizant Witness Ready To Testify, Gov't Says
A witness from India whose 2023 absence on the brink of the foreign bribery trial of two former Cognizant Technology Solutions Corp. executives set off a lengthy delay is now willing to testify, federal prosecutors said, despite stating they were under no obligation to respond to defense counsel's concerns.
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January 14, 2025
DOL Backs Uber Drivers' Bid To Revive Employment Case
The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.
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January 14, 2025
Fleeing-Or-Eluding Not Grounds For Removal, 3rd Circ. Says
A Kenyan man allowed to enter the U.S. on a diversity visa can't be subject to deportation based on two felony convictions for vehicular fleeing or attempting to elude police in Pennsylvania, the Third Circuit said in a precedential opinion on Monday.
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January 14, 2025
Nadine Menendez Trial Might Be Longer Than Ex-Senator's
Prosecutors and attorneys for Nadine Menendez told a Manhattan federal judge that her trial might last longer than that of her husband, former U.S. Sen. Robert Menendez, with the parties still at odds over stipulations about evidence.
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January 14, 2025
Ex-Cognizant Execs Seek Update On Elusive Gov't Witness
A vital prosecution witness whose unavailability delayed the highly anticipated 2023 trial of two former Cognizant Technology Solutions Corp. executives on foreign bribery charges in New Jersey federal court might again be missing in action as the new trial date of March 3 approaches, according to court filings.
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January 14, 2025
NJ Atty Disbarred For Stealing From Firm To Gamble Online
The New Jersey Supreme Court has disbarred an attorney for stealing at least $16,000 from his firm by using its credit card to buy tokens for an online casino video game under the guise of buying office supplies.
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January 14, 2025
NJ State Court Exec Alleges Retaliatory Probe, Firing
A former assistant finance manager for Essex County Superior Court in New Jersey has sued the vicinage and its trial court administrator, alleging that in retaliation for reporting a colleague's racist remark she was subjected to a discriminatory investigation and ultimately terminated.
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January 13, 2025
NJ Groups Sue To Revoke Offshore Wind Farm Approvals
A group of environmental and business organizations are alleging in New Jersey federal court that federal approvals awarded to a Shell-backed developer's offshore wind projects violate a number of environmental statutes, and they are looking to halt the construction of two offshore wind facilities located just under nine miles off the Garden State coast.
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January 13, 2025
76ers Drop Controversial Plan For New Center City Arena
The Philadelphia 76ers are going to stay in South Philly rather than pursuing a plan to move into a new stadium by Chinatown, according to announcements Monday from the City of Brotherly Love's mayor and the 76ers' owner.
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January 13, 2025
NJ Firm Agrees To Settle Client's Suit Over Ransomware Attack
New Jersey law firm The Wacks Law Group LLC has reached a settlement agreement with a former client to end a proposed class action claiming that the firm's negligence in properly securing its data led to the theft of hundreds of clients' personal information in a March cyberattack.
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January 13, 2025
Ex-NJ Public Defender, Atlantic City End Bias Suit
A New Jersey federal judge has dismissed a gender discrimination and retaliation lawsuit brought by a former municipal public defender against Atlantic City and her onetime supervisor after the parties settled.
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January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says
A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
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January 13, 2025
Proskauer Faces Revived DQ Bid In NJ Hospital Antitrust Fight
CarePoint Health is once again pushing to have Proskauer Rose LLP disqualified as counsel for healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit in New Jersey federal court, asserting that a magistrate judge erred in previously denying its request.
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January 13, 2025
Wife Of Ex-Sen. Menendez Can't Delay Bribery Trial
Nadine Menendez, former U.S. Sen. Bob Menendez's wife, has lost her bid to postpone her Feb. 5 trial on bribery charges, as a Manhattan federal judge rejected her contention that her husband's sentencing on similar charges just a week prior would taint her jury.
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January 13, 2025
Pa. AG Urges 3rd Circ. To Revive Uber Drivers' Wage Suit
Pennsylvania's attorney general urged the Third Circuit to revive a class action accusing Uber of misclassifying drivers as independent contractors, saying the worker-friendly Pennsylvania wage and hour law claims should not have been thrown out.
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January 13, 2025
Justices Won't Eye 7th Circ.'s Stay Of Trade Secrets Fight
The U.S. Supreme Court on Monday declined to review whether the Seventh Circuit correctly paused an Illinois trade secrets case involving a company that sells nail polish while a dispute over who owns the business plays out in New Jersey state court.
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January 13, 2025
High Court Skips 9th Circ. Sesame Oil TM Decision
The U.S. Supreme Court said Monday it would not consider an India-based sesame oil company's challenge to a Ninth Circuit opinion siding against it in its trademark infringement case against a New Jersey business.
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January 13, 2025
Justices Won't Weigh Del. Gun Laws, Injunction Standards
The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.
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January 12, 2025
Justices To Review Whether Ex-Wife Can Challenge Tax Levy
The U.S. Supreme Court will review a Third Circuit decision allowing a woman to continue challenging what she claims was an improper application of her tax payment to her ex-husband's bill even after the Internal Revenue Service stopped pursuing a proposed property seizure against her.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
AstraZeneca Widens Blockbuster Cancer Drug Patent Fight
AstraZeneca on Thursday hit Zydus, Sandoz, Natco and Cipla with suits in New Jersey federal court accusing them of infringing a patent covering the drug Lynparza, expanding its fight against the generic-drug makers over their efforts to sell or produce the blockbuster cancer treatment.
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January 10, 2025
Blue State AGs Urge Walmart To Reinstate DEI Initiatives
A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."
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January 10, 2025
NJ Justices Say Private Lienholders Can Be State Actors
The Garden State's highest court has ruled that a previous version of the New Jersey Tax Sale Law is unconstitutional, pointing to U.S. Supreme Court precedent in concluding that private lienholders are not entitled to surplus equity in property that exceeds the debt owed.
Expert Analysis
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.