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New Jersey
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February 27, 2025
States Say DOD Transgender Ban Puts Public Safety At Risk
Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.
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February 27, 2025
Judge Axes NYC Loan Row, Sanctions Firm For Depositions
A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.
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February 27, 2025
ICE Inks Contracts To House 2,000 Immigrant Detainees
U.S. Immigration and Customs Enforcement has awarded contracts to house more than two thousand detainees at facilities owned by private detention firms GEO Group Inc. and CoreCivic Inc., including a $1 billion deal to reopen a previously closed facility.
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
Trump Admin Asks 1st Circ. To Let It Enforce Birthright Ban
President Donald Trump's administration on Thursday asked the First Circuit to let it begin enforcing its executive order restricting birthright citizenship while it appeals a Massachusetts federal judge's preliminary injunction.
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February 27, 2025
Court Reporters Group Says Antitrust Suit Must Be Tossed
A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.
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February 27, 2025
Cognizant Execs' Trial Could Test Force Of FCPA Pause
The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.
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February 27, 2025
Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature
An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.
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February 27, 2025
NJ Republicans Look To Oust AG After Failed RICO Case
Republican leaders in the New Jersey Assembly moved Thursday to impeach Attorney General Matthew Platkin, accusing him of overstepping his authority, including by pursuing his now-dismissed racketeering indictment against political power broker George E. Norcross III and his allies.
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February 26, 2025
NJ Tech Co. Misled Investors On NASA Partnership, Suit Says
Computer chip manufacturer Quantum Computing Inc. was hit with a proposed shareholder class action alleging it overhyped its business relationships, including its partnership with NASA, and lied about its revenues and the progress it made in building a foundry.
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February 26, 2025
NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power
The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.
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February 26, 2025
38 AGs Push For Crackdown On Organized Retail Crime
A bipartisan coalition of attorneys general from 38 states and territories is urging Congress to take legislative action against organized retail crime, warning in a new letter that the problem has reached unprecedented levels and is straining state enforcement resources.
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February 26, 2025
Party City Approved To Sell IP, Assets For $20.6M In Ch. 11
A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.
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February 26, 2025
Investor Says Lowenstein Sandler Violated Dispensary Deal
An investment group involved in a complex dispute between Lowenstein Sandler LLP and a cannabis dispensary has asked a New Jersey state judge to enforce a settlement order and sale order, alleging the firm has violated previous legal rulings while pursuing its claim for purportedly unpaid legal fees.
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February 26, 2025
Liquor Cos. Clash Over Use Of 'Papi' Mark
The owner of the trademark for Papi wine and liquor products has sued the maker of Papi's Bourbon for alleged infringement in New Jersey federal court.
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February 26, 2025
Trump Can't Enact Birthright Citizenship Order During Appeal
A Massachusetts federal judge on Wednesday left in place a block on President Donald Trump's would-be order restricting birthright citizenship, rejecting a bid by the administration to implement the executive action while it appeals the matter to the First Circuit.
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February 26, 2025
NJ RICO Case Toss Leaves AG Irate, Defense Attys Elated
The erasure of a massive racketeering indictment against New Jersey power broker George E. Norcross III, politically connected attorneys and others on Wednesday drew a sharp rebuke from Attorney General Matt Platkin while defense attorneys gloated.
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February 25, 2025
NJ Court Revives Suit Over Fatal Parkway Crash
A New Jersey appeals court on Tuesday reinstated a suit against the New Jersey Turnpike Authority alleging it failed to properly maintain a section of the Garden State Parkway that allegedly caused two motorists' deaths, saying the trial court failed to properly analyze whether governmental immunity applies.
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February 25, 2025
Insurer Says No Coverage For Atty In $1.4M Bank Scam Suit
An insurer urged a Connecticut federal court to find that it has no duty to defend or indemnify an attorney accused of participating in a scheme to steal $1.4 million from a New Jersey-based development company, saying the underlying allegations don't trigger the attorney's homeowners policy.
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February 25, 2025
Spent Fuel Casks Are Taxable Real Property, NJ Court Rules
Storage casks housing highly radioactive spent nuclear fuel are subject to taxation as real property, the New Jersey Tax Court ruled Tuesday.
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February 25, 2025
J&J Says Samsung Is Breaking Deal Over Stelara Biosimilar
Johnson & Johnson and Janssen Biotech have launched a breach of contract suit against Samsung Bioepis over their agreement to let Samsung launch a biosimilar version of J&J's blockbuster biologic Stelara before all patents expire, accusing the company of violating the provision against assigning or sublicensing the patent rights to other parties.
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February 25, 2025
Fired Worker Couldn't Justify COVID Vax Refusal, 3rd Circ. Says
A software engineer who refused to comply with his company's COVID-19 vaccine policy couldn't claim he had a "sincere religious objection" while shielding his medical records from disclosure and vacillating on his reasons, a Third Circuit panel ruled Tuesday.
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February 25, 2025
NJ Appeals Panel Upends Custodians' COVID Pay Award
A New Jersey appellate court reversed an arbitration award Tuesday granting extra money to school custodians who worked during the COVID-19 state of emergency, saying the award conflicts with a state statute that provided school employees with regular pay throughout the pandemic.
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February 25, 2025
Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight
A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.