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New Jersey
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September 19, 2024
New Jersey Powerhouse: Duane Morris LLP
Duane Morris LLP assisted several major clients as they did business in New Jersey over the past year, working on deals such as the $34 million acquisition of an insolvent cannabis operator and an online sportsbook's $225 million expansion into 14 additional jurisdictions.
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September 19, 2024
Fox Rothschild Employment Atty Joins FordHarrison In NJ
A former Fox Rothschild LLP labor and employment law regional practice leader in New Jersey has moved to FordHarrison LLP, bringing her expertise in employment litigation and compliance counseling to the firm.
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September 19, 2024
NJ Atty Tapped To Lead Embattled County Prosecutor's Office
New Jersey Gov. Phil Murphy on Thursday nominated a senior assistant Hunterdon County prosecutor specializing in human trafficking and other major crimes to take charge of the Warren County Prosecutor's Office, which has been roiled since April by a fraud investigation into its former leader.
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September 19, 2024
Feds Say Menendez Retrial Bid Ignores 'Overwhelming' Proof
Prosecutors urged a Manhattan federal judge to reject former Sen. Bob Menendez's request for a new trial on corruption and bribery charges, arguing that evidence of his guilt was "overwhelming."
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September 19, 2024
3rd Circ. Curious When Workplace Acts Become 'Concerted'
Third Circuit judges pressed the National Labor Relations Board on Thursday to specify what elevated a Pennsylvania plastic company employee's complaints about working during COVID-19 closures into protected, "concerted" activities, if there was little evidence that other employees joined him in his concerns.
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September 18, 2024
DuPont Heirs Beat ERISA Suit Over 1947 Trust At 3rd Circ.
The Third Circuit reversed a decision Wednesday and found DuPont heirs aren't liable for Employee Retirement Income Security Act violations in a dispute over who's to blame for underfunding a now-insolvent trust that was created by their grandmother in 1947 and paid the heirs and their workers retirement benefits.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
SEC Settles Latest Covington Info Theft Case For $33K
A New Jersey man will pay a $33,000 civil penalty to the U.S. Securities and Exchange Commission for insider trading on confidential merger tips that his cousin stole from a Covington & Burling LLP lawyer, according to a settlement filed in New York federal court on Wednesday.
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September 18, 2024
NJ Steel Co. Says OSHA Review Agency Is Unconstitutional
A New Jersey steel fabrication company has told a New Jersey federal court that an independent federal commission shouldn't decide whether it has to pay nearly $350,000 in proposed penalties from the Occupational Safety and Health Administration, arguing the commission's structure violates the separation of powers clause of the U.S. Constitution.
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September 18, 2024
3rd Circ. Digs Into NLRB's Power To Punish Starbucks
A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.
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September 18, 2024
New Jersey Powerhouse: Gibbons PC
Gibbons PC has spent the past 12 months firming up its status as one of New Jersey's go-to firms for dealing with complex litigation in both the public and private sectors, making noteworthy additions to its already impressive roster, including two attorneys with serious experience in the courtroom, and helping bring the 2026 FIFA World Cup Final to the Garden State.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Organon To Buy Psoriasis Treatment Biz For Up To $1.2B
Women's healthcare-focused company Organon, advised by Covington & Burling LLP, on Wednesday announced it will purchase Freshfields Bruckhaus Deringer LLP-led Dermavant, a subsidiary of Roivant that develops and commercializes therapies in immuno-dermatology.
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September 18, 2024
NJ Bank Agrees To $14M Subsidy Fund In DOJ Redlining Deal
A New Jersey regional bank has agreed to provide at least $14 million in loan subsidies as part of a proposed consent order unveiled Wednesday to settle U.S. government claims that it engaged in redlining, a form of illegal lending discrimination, in certain central parts of the state.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
In-House Atty Brings Bias Suit Over Firing After Miscarriage
A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
New Jersey Powerhouse: Seeger Weiss
Seeger Weiss LLP had a standout run of success throughout the past year, including a record $6 billion settlement for military veterans who suffered hearing damage because of defective 3M Co. earplugs, a billion-dollar agreement to compensate users of Philips CPAP machines and a multimillion-dollar settlement for users of proton pump inhibitor medication.
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September 17, 2024
PSEG's GC To Retire As Utility Co. Lines Up Her Successor
The top attorney for Public Service Enterprise Group is retiring next year after more than three decades with the utility provider, the company announced Tuesday.
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September 16, 2024
3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.
The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
Chevron Deference Invalid In Travel-Time Pay Case, DOL Says
The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.
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September 16, 2024
J&J Cheers Toss Of 'Indefensible' $260M Talc Verdict
An Oregon state judge rejected a jury's $260 million verdict for a woman who blamed Johnson & Johnson's talcum powder for her cancer diagnosis, a company spokesperson said Monday.
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September 16, 2024
New Jersey Powerhouse: Sills Cummis & Gross
Big appellate wins, including a high-profile employment case involving a New Jersey Catholic school, have helped put Sills Cummis & Gross PC on Law360's 2024 New Jersey Regional Powerhouses list.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Studying NY, NJ Case Law On Employee Social Media Rights
While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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5 Issues To Consider When Liquidating Through An ABC
Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.