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January 17, 2025
Vanguard To Pay SEC, States $106M Over Surprise Tax Bills
The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.
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January 16, 2025
Federal Gov't Can't Share Uber Driver's Blame For Hitting Cop
An Uber driver who hit a Philadelphia police officer detailed to a federal task force can't claim the United States shared the blame for the officer's injuries, since the U.S. government was the officer's employer and was immune under New Jersey worker's compensation law, a federal judge has ruled.
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January 16, 2025
Atty Suspended Over Wrongful Imprisonment Case Fees
A Florida attorney accused of overcharging two intellectually disabled stepbrothers avoided disbarment when the New Jersey Supreme Court imposed a five-year suspension instead of opting for the permanent license revocation recommended by the court's disciplinary review board.
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January 16, 2025
Expert Witnesses Limited In J&J Talc Ch. 11 Dismissal Try
A Texas bankruptcy judge limited Thursday the number of expert witnesses that can provide testimony in an upcoming hearing on talc claimants' attempt to dismiss the Chapter 11 case of Johnson & Johnson's talc unit.
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January 16, 2025
Merck Defends 3rd Circ. Win In Mumps Vaccine Antitrust Case
Merck urged the Third Circuit not to reconsider a ruling that immunized the company from antitrust claims over submissions it made to federal regulators for its mumps vaccine, arguing the appeals court was right to find the submissions were protected.
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January 16, 2025
3rd Circ. Unsure Pa. GOP Can Challenge Biden's Voting Order
Republican lawmakers from Pennsylvania told the Third Circuit on Thursday that President Joe Biden's executive order expanding "get-out-the-vote" information by using third parties trampled on their authority as legislators, with the appellate panel questioning their standing to bring the case.
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January 16, 2025
Fed. Circ. Urged To Keep Block Of Sun Pharma Alopecia Drug
Incyte Corp. has urged the Federal Circuit to leave in place an injunction a New Jersey judge imposed in November blocking Sun Pharmaceutical from launching the alopecia drug Leqselvi, saying the lower court was correct that the launch would give Sun an improper "head start."
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January 16, 2025
NJ Man Pleads Guilty To Trying To Bribe Sewer Commissioner
A New Jersey sewer commission employee has admitted to a conspiracy charge for trying to sway a commissioner to boost his career, the state attorney general and the Office of Public Integrity and Accountability announced.
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January 16, 2025
Atty Gets 5-Year NJ Suspension After Tax Fraud Conviction
A Philadelphia-based personal injury attorney convicted for not paying income tax on more than $8 million in revenue he earned and for failing to pay almost $60,000 in payroll taxes received a five-year suspension from New Jersey's Supreme Court but will keep his law license in the state.
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January 16, 2025
Menendez Judge Urges Lawyers To Streamline Wife's Trial
A Manhattan federal judge urged attorneys on Thursday to cut down their 10-week estimate for the upcoming bribery trial of former U.S. Sen. Robert Menendez's wife, Nadine, warning against "boring everybody" with a slog of custodial witnesses
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January 16, 2025
Biden's Imprint On The Judiciary In 6 Charts
President Joe Biden leaves office with 235 lifetime judges confirmed, just one more than President Donald Trump seated during his first term, and many firsts for diversity.
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January 15, 2025
Quest Diagnostics Gets Meta Data-Share Suit Tossed For Now
Quest Diagnostics got allegations that it unlawfully shared patient data with Meta Platforms through ad tracking software dismissed Tuesday, after persuading a New Jersey federal judge to reconsider his earlier ruling that allowed an eavesdropping claim under California's Invasion of Privacy Act to go forward.
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January 15, 2025
Dem AGs Want In On Case Challenging 'Dreamers' Healthcare
Democratic attorneys general from 14 states sought to intervene Wednesday in a Kansas-led challenge to a Biden administration regulation that allows DACA recipients to get federal health insurance through the Affordable Care Act exchanges.
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January 15, 2025
CBD Oil Co. Says Brokers, Suppliers Lied About Hemp Quality
A New Jersey hemp producer and CBD oil extractor is suing a pair of brokers and hemp suppliers in federal court, alleging that despite promising and charging for high-quality biomass, they instead supplied "dirt quality" hemp with far lower potency than advertised.
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January 15, 2025
Crash Claimant Can't Appeal After Payout, NJ Justices Say
A plaintiff in an automobile personal injury case who accepts full payment of a final judgment and executes a warrant to satisfy it may not appeal a ruling barring evidence of future medical expenses unless they state their intent to appeal before accepting the payment, the New Jersey Supreme Court ruled Wednesday.
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January 15, 2025
3rd Circ. Preview: NFL Concussion Benefits Fight Tops January
The case of late NFL players' family members who say they shouldn't have to exhume their loved ones' remains to receive benefits from the national concussion settlement takes center stage in the Third Circuit's January argument session.
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January 15, 2025
Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit
A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.
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January 15, 2025
Maxell Battery Patent Sinks At Federal Circuit
Japanese consumer electronics outfit Maxell on Wednesday failed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.
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January 15, 2025
Pa. Malpractice Fund Can't Get Second Chance At 3rd Circ.
The administrator of Pennsylvania's state-established medical malpractice insurance fund won't get a second chance to convince the Third Circuit that its funds are private, after the court on Wednesday declined to reconsider a December ruling that the state could access the money.
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January 15, 2025
NJ Prosecutors Can Shield Certain Docs In Atty Bribe Cases
New Jersey prosecutors won't have to turn over certain documents related to investigations involving potential crimes committed by a tax attorney who was a cooperating witness in a bribery case against three former public officials, a state appeals panel has ruled.
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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.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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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.