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July 15, 2024
T-Mobile Broke Price-Lock Promise After Merger, Suit Says
T-Mobile's promise to federal regulators not to raise prices for three years after its megamerger with Sprint has now expired and it's hiking prices, even on plans that it told customers it would never raise the rates on, according to a new proposed class action.
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July 15, 2024
Menendez Jury Seeks Deliberation Guidance In 2 Notes
The Manhattan federal jury weighing bribery charges against Sen. Robert Menendez and two businessmen sent two notes Monday indicating confusion as to fundamental issues.
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July 15, 2024
AbbVie Can't Keep CoolSculpting Suit In NJ Fed Court
A New Jersey federal judge on Monday sent back to state court a suit against AbbVie Inc. from a woman alleging that she was injured by a CoolSculpting procedure, saying the pharmaceutical company hasn't shown that the case belongs in federal court.
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July 15, 2024
3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws
The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."
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July 15, 2024
Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use
An administrative law judge's decision reinstating a Jersey City police officer after the officer was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.
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July 15, 2024
J&J Agrees To Pay $505M In Talc Producers' Ch. 11
Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.
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July 15, 2024
SoulCycle Must Face Suit Over Fall From Exercise Bike
A New Jersey appeals panel on Monday revived a woman's claims against SoulCycle Inc. alleging an instructor's negligence led to her falling from a stationary exercise bike, finding the waivers she'd signed were ambiguous and unenforceable.
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July 15, 2024
McElroy Deutsch Fights 'Malicious' Claim In Exec Fraud Case
McElroy Deutsch Mulvaney & Carpenter LLP and its former business development director, who is accused of stealing millions from the firm partially via fraudulent credit card use, are at odds over whether the firm's ex-employee should be allowed to bring a malicious prosecution counterclaim in New Jersey state court.
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July 15, 2024
NJ Legal Software Biz Hit With Disability Bias Suit
Leap Legal Software Inc. was hit with a discrimination lawsuit in New Jersey state court Friday from a former employee alleging she was fired due to her undiagnosed and untreated Lyme disease.
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July 15, 2024
Ex-Client Says Nurick Law Founder Refuted Found Fee Clause
A former Nurick Law Group LLC client said the court shouldn't reverse its decision to keep his malpractice suit against the firm in the Garden State after the discovery of a crucial document, arguing the firm's founder testified the document is not a valid agreement.
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July 15, 2024
BMW, Customer Agree To Drop Motorcycle Gear Display Fight
BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Expect NCAA To Dig In Heels On Employee Status After Ruling
Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.
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July 12, 2024
Judge Denies Go-Ahead For Suit Over Invitae Refi Deal
A Delaware bankruptcy judge on Friday told the unsecured creditors of Invitae that they had not shown it was worthwhile to allow them to challenge the bankrupt genetic testing company's 2023 debt refinancing.
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July 12, 2024
FCC Warns NY Landowners To Shut Down Pirate Radio
The Federal Communications Commission has warned more than a dozen landowners in metro New York to shut down pirate radio broadcasting from their properties or face fines up to nearly $2.4 million.
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
Real Estate Recap: Mall Makeovers, Military Land, Fundraising
Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.
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July 12, 2024
No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says
Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.
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July 12, 2024
AIG Says Ex-Execs Who Started Rival Co. Stole Trade Secrets
Insurance giant American International Group is accusing three of its former senior executives of unlawfully using confidential company information to launch a startup New Jersey insurance company.
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July 12, 2024
Judge Nixes Fraud Suit, Slams Atty's Fox Rothschild Remarks
A New Jersey federal judge threw out a fraud and malpractice suit brought against Fox Rothschild by two men who said the firm was "knowingly and willfully robbing their immigration clients" and warned their attorney over prior comments he made to Law360 regarding the case.
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July 11, 2024
Whispers, Curses As Menendez Trial Inches Toward Jury
Federal corruption prosecutors wound down their bribery case against Sen. Robert Menendez Thursday with a mixture of dramatic into-the-mic whispering and reliance on the adjective "damn" as they argued that nothing in the tale would make sense without the alchemizing element of crime.
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July 11, 2024
NJ Justices Back Expert Report In Mother's Suit Over Death
The New Jersey Supreme Court on Thursday reinstated a lawsuit against a Garden State hospital by the mother of a diabetic patient who died, saying the trial court erred in dismissing the case on grounds that an affidavit of merit was insufficient.
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July 11, 2024
3rd Circ. Greenlights FLSA Claims For NCAA Athletes
Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.
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July 11, 2024
Security Manager Gave $85M Biz Book To Rival Co., Suit Says
A former Connecticut regional manager spent days downloading "extensive" data before leaving a security firm for a direct competitor, then gave his new employer millions of dollars' worth of stolen secrets to snipe clients and bolster his chances for earning a lucrative bonus, according to a new suit filed in federal court.
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July 11, 2024
Rite Aid Gets OK To Sell Interests In Its Loan To MedImpact
A New Jersey bankruptcy judge on Thursday approved Rite Aid's sale of most of its interests in a $567 million loan that it made, the proceeds of which it will distribute to creditors under its Chapter 11 reorganization plan.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Managing ANDA Venue Issues As Del. And NJ Filings Rise
Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.