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New Jersey
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
Pashman Stein Gets Arbitration Award Against Atty Confirmed
Pashman Stein Walder Hayden PC on Friday won confirmation for an $88,000 award against an intellectual property attorney and former client it sued over unpaid legal fees in New Jersey state court.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
Dem AGs Urge Companies To Keep DEI Programs In Place
A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.
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February 13, 2025
Profs Back Hotel Guests In 3rd Circ. Algorithmic Pricing Case
A group of academics has joined antimonopoly groups to support hotel guests accusing several Atlantic City casino hotels of using shared software to fix room rates in their Third Circuit fight to revive their suit.
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February 13, 2025
ADP 401(k) Participants Win Cert. For 50K ERISA Class
More than 50,000 ADP 401(k) plan participants scored class certification Thursday in their lawsuit accusing the company of retaining poorly performing investments and overcharging them for recordkeeping fees, after a New Jersey federal judge found their claims are typical since they stem from the same alleged fiduciary duty breach by ADP.
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February 13, 2025
Merck Investor Sues Over Gardasil China Market Projections
Pharmaceutical giant Merck & Co. Inc. has been hit with a proposed shareholder class action alleging it overstated global demand for its human papillomavirus vaccine Gardasil, damaging investors when it revealed earlier this month it would not meet its revenue projections for the vaccine and paused shipments to China.
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February 13, 2025
Menendez Files Notice Of Appeal Of Corruption Convictions
Former U.S. Sen. Robert Menendez filed a notice of appeal Thursday at the Second Circuit, formalizing his earlier pledge to challenge his convictions on bribery and corruption charges.
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February 13, 2025
Lowenstein Sandler Accuses Dispensary Of 'Bad Faith' Move
Lowenstein Sandler LLP has accused a cannabis dispensary it is suing for unpaid legal fees of effectively asking a New Jersey Superior Court judge to overturn another judge's partial denial of the dispensary's motion to dismiss the case.
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February 13, 2025
Former 3rd Circ. Judge Jordan Joins Richards Layton
Former Third Circuit Judge Kent A. Jordan is bringing the knowledge he gained during his more than two decades on the federal bench to help bolster Delaware firm Richards Layton & Finger PA's litigation department and help clients resolve disputes.
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February 13, 2025
4th Judge Rejects Trump's Take On Birthright Citizenship
A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.
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February 13, 2025
Amtrak Worker Admits Role In $11M Healthcare Fraud
An Amtrak employee has pled guilty in Newark federal court in New Jersey to conspiracy to commit healthcare fraud as part of a scheme that cost Amtrak $11 million, acting U.S. Attorney Vikas Khanna announced.
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February 12, 2025
Bausch Health Beats Suit Over 'Faking' Financial Stability
Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.
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February 12, 2025
3rd Circ. Says Parents Can't Get Coverage In Gun Case
A couple whose son was found guilty of two homicides is not entitled to coverage from two homeowners insurers for a civil suit filed by one victim's mother, the Third Circuit affirmed, finding the civil case accused the parents of intentionally concealing the firearm their son allegedly used.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
Chester, Pa., Can Probe Water Utility's Assets In Ch. 9
A Pennsylvania bankruptcy judge gave the ailing city of Chester the green light Wednesday to probe a water utility about its assets, but stopped short of allowing the city under Chapter 9 protection to share the information or allowing an auditor to visit the utility's property.
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February 12, 2025
Treasury Chief Exempt From Block On DOGE's System Access
A New York federal judge clarified that an order blocking Elon Musk and members of his Department of Government Efficiency team from accessing U.S. Treasury Department payment systems does not apply to Treasury Secretary Scott Bessent.
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February 12, 2025
Joann To Close Over 500 US Stores In Second Ch. 11
Joann Inc., a fabrics and crafts retailer that reentered bankruptcy in January, asked a Delaware bankruptcy judge Wednesday for permission to close more than 500 underperforming stores throughout the country that the company said potential buyers of the business aren't interested in taking on.
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February 12, 2025
Ropes & Gray To Review Seton Hall Sex Abuse Investigation
Ropes & Gray LLP will lead a review of a 2019 investigation into sexual abuse allegations at Seton Hall University, which found that the university's recently appointed president knew of the allegations against former Archbishop Theodore McCarrick but did not report them properly, according to an announcement this week.
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February 12, 2025
Connell Foley Can't Refute DQ Bid, NJ Investment Firm Says
A Black-owned investment firm suing New Jersey for discrimination in federal court said the court must disqualify Connell Foley LLP from representing the state because of a conflict of interest, even though the supposedly conflicted attorney has denied any ethical breach.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 11, 2025
Quantum Computing Secures TRO In Battle With Investor
New Jersey-headquartered Quantum Computing Inc. won continuation of a Delaware Court of Chancery temporary restraining order Tuesday against a former consultant and advisory firm, barring their alleged use of trade secrets and other confidential information pending a preliminary injunction hearing or trial.
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February 11, 2025
J&J Allies Dub Milestone Fee Reversal 'Crucial' To Del.
The National Association of Manufacturers pushed back Tuesday against Fortis Advisors LLC opposition to a NAM amicus brief seeking Delaware Supreme Court reversal of a medical robotics developer's $1 billion merger milestone damage award after its acquisition by Johnson & Johnson.
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February 11, 2025
Ex-Seton Hall Law Worker Gets 8 Months For Embezzlement
A former employee at Seton Hall University School of Law was sentenced Tuesday to eight months in prison for taking part in a 13-year embezzlement scheme that defrauded the school of $1.3 million.
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February 11, 2025
GoPro Foe Close To Scoring Camera Infringement Ruling
Ahead of a hearing Wednesday in a patent case facing GoPro Inc., a California federal judge says he's "inclined" to rule that a number of the company's cameras infringe a claim in a patent that was revived by the Federal Circuit last year.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.