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New Jersey
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April 09, 2025
GameStop Customer Wants 'Boring' Browsing To Stay Private
GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.
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April 09, 2025
FTC Has Authority To Bring Antitrust Case Against Amazon
A federal court in Washington found the Federal Trade Commission has the authority to bring an antitrust case targeting Amazon's treatment of sellers on its platform directly in federal court without also pursuing an in-house administrative case.
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April 08, 2025
NJ Hospital Can Face Claims In Life Support Malpractice Suit
A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.
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April 08, 2025
Expert And 'Worthlessness Theory' Ejected In Valsartan MDL
Patients and insurers who claim they were ripped off when purchasing the contaminated blood pressure medication Valsartan won't be able to argue that the drug was worthless as a matter of law, a New Jersey federal judge overseeing the multidistrict litigation has ruled, casting doubt that the plaintiffs will secure a full refund for their purchase.
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April 08, 2025
Medicare Drug Price Plan Tramples Constitution, 3rd Circ. Told
New Jersey federal court rulings preserving the Centers for Medicare & Medicaid Services' ability to negotiate prices with drug companies should be overturned on constitutional grounds, pharmaceutical giants Novo Nordisk and Novartis told the Third Circuit during oral arguments Tuesday.
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April 08, 2025
Pacira Reaches IP Deal Allowing Generic Painkiller In 2030
Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.
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April 08, 2025
Key Witness Against Nadine Menendez Grilled Over Past Lies
A corrupt former New Jersey insurance broker testifying against Nadine Menendez during her trial on bribery charges admitted Tuesday to a decade of lying prior to his decision to cooperate against her and her husband, former U.S. Sen. Bob Menendez.
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April 08, 2025
In Trump Order Against Perkins Coie, GCs See Harm For Cos.
Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."
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April 08, 2025
McCarter & English Fights DQ Bid In NJ Food Biz Quarrel
McCarter & English LLP pushed back on a disqualification bid from a New Jersey food industry executive in federal court this week, arguing that the plaintiff is attempting to "fabricate" a previous attorney-client relationship to demand disqualification.
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April 07, 2025
Snyder's-Lance Looks To Ax Proposed Class Wage Claims
The company that makes Snyder's pretzels asked a North Carolina federal judge Monday to deny a Pennsylvania employee's bid to represent a class of workers from 12 states in a wage lawsuit, arguing she can't sue under the laws of the 11 states she doesn't live or work in.
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April 07, 2025
NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit
Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.
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April 07, 2025
Ex-Seton Hall Prez Must Maintain Confidential Info In Leak Suit
A New Jersey state judge ordered Seton Hall University's former president to preserve any proprietary materials he allegedly obtained amid allegations he leaked a confidential internal document that found his successor had failed to report allegations of sexual abuse when the new president headed a Catholic seminary.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
NJ Justices OK Tech CLE And Reject Competence Proposal
The New Jersey Supreme Court has approved a continuing legal education requirement for technology-related subjects but declined a proposal to add a comment to the competence section of the state's Rules of Professional Conduct about an attorney's responsibility to stay on top of the benefits and risks associated with relevant technology.
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April 07, 2025
Compensation Up For Quest Diagnostics GC After Earlier Dip
Quest Diagnostics' longtime senior vice president and general counsel brought home $2.43 million in 2024, up from $2.25 million in 2023, according to a proxy statement filed recently by the company.
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April 07, 2025
Ex-Sen. Menendez May Be Called As Witness At Wife's Trial
Nadine Menendez is considering calling her husband, convicted former U.S. Sen. Bob Menendez, to testify at her trial on charges that she facilitated bribe payments for him, filings showed as her trial resumed Monday with key prosecution witnesses.
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April 04, 2025
Real Estate Recap: 'Gold Card,' ESG, Tokenization
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the latest EB-5 investment rush, the tightrope real estate companies are walking with environmental, social and governance factors, and how tokenization can apply to the real estate sector.
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April 04, 2025
Bayer Wants Supreme Court To Review Roundup Litigation
Bayer subsidiary Monsanto has asked the U.S. Supreme Court to review a Missouri jury's $1.2 million award to a man who claimed that Roundup weed killer caused his cancer, arguing that courts are split on whether federal law preempts state failure-to-warn claims like the claims in this case.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
21 States Say Trump Order Will Disenfranchise Millions
Attorneys general from California, Washington. New York and 18 other states have filed federal lawsuits to block President Donald Trump's executive order on voting, saying it is an unconstitutional power grab that would make it harder for millions of eligible people to vote.
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April 04, 2025
NIH Wants Prompt 1st Circ. Review Of Agency's Grant Caps
The National Institutes of Health is seeking a quicker path to appeal a ruling that blocked its cap on research grant costs, asking a Boston federal judge on Friday to make permanent the preliminary injunction that put the agency's cost-cutting plans on hold.
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April 04, 2025
NJ Panel Rules Troopers' CBA Unclear On OT Math
An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.
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April 04, 2025
Nissan Settles With NJ Dealers In Suit Over Predatory Loans
Nissan North America Inc. and its financing arm have settled a dispute with New Jersey auto dealers who said they were forced to take $20 million worth of predatory loans that financed an overabundance of inventory the car giant ordered them to carry amid corporate pressure to raise sales, according to a letter filed in federal court.
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April 04, 2025
Ex-NJ Prosecutor Rips AG's Use Of Gov.'s Text In Firing Suit
A former New Jersey county prosecutor has urged a state court to reject Attorney General Matt Platkin's bid to whittle down a lawsuit over the county enforcer's exit, blasting the office's reliance on a text message with the governor to argue the governor had accepted his resignation.
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April 04, 2025
Citizens Bank Sues Valley National Over Loan Dispute
Citizens Bank alleged in New Jersey federal court that Valley National Bank broke a loan participation agreement by failing to disclose borrower defaults and refusing to repurchase Citizens' $30 million stake in a troubled $65 million mortgage loan.
Expert Analysis
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SDNY Sentencing Ruling Is Boon For White Collar Defendants
Defense attorneys should consider how to maximize the impact of a New York federal court’s recent groundbreaking ruling in U.S. v. Tavberidze, which held that a sentencing guidelines provision unconstitutionally penalizes the right to a jury trial, says Sarah Sulkowski at Gelber & Santillo.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.