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Study Shows Gender Diversity Varies Widely Across Practice Areas

By Meghan Tribe |

A study by ALM Intelligence found that women are better represented in niche legal fields such as immigration and family law, but underrepresented in top-tier Big Law practice areas like corporate and litigation. Female talent is also underrepresented in states with large law school talent pools, according to the analysis.

Stay-at-Home-Rainmakers: A Growing Threat to Big Law

By Roy Strom |

Cloud-based law firms still face skepticism from some pockets of the legal market. But there are signs that they are becoming stiffer competition for Big Law.

L-R Bill O'Reilly, Chris Christie and Ken Starr.

From Bridgegate to Bill O'Reilly, Probes Put Law Firms in the Hot Seat

By Miriam Rozen |

For American media audiences, the Bill O'Reilly saga had pretty much everything, from sex and celebrity to money and politics. For law firms and their clients, it was also a reminder: In the biggest scandals, there's nothing internal about internal investigations.

Indira Talwani, during her confirmation hearing before the Senate Judiciary Committee to be United States District Judge for the District of Massachusetts. January 8, 2013.

Rookie Judges Start to Wrangle MDL Dockets

By Amanda Bronstad |

The panel that assigns sprawling litigation to individual judges to manage is looking beyond repeat players and bringing more women and minority judges into the mix.

U.S. Securities and Exchange Commission building.

Supreme Court May Clip SEC's Enforcement Power

By Tony Mauro |

A case argued Tuesday considers whether the use of "disgorgement" by the U.S. Securities and Exchange Commission should be considered a penalty subject to a five-year statute of limitations.

Ekaterina Schoenefeld

SCOTUS Rejects Challenge to NY Law Requiring In-State Office

By Marcia Coyle and Charles Toutant |

The U.S. Supreme Court on Monday denied review to a New Jersey lawyer's constitutional challenge to New York's requirement that nonresident members of the New York bar maintain a physical office for business within the state.

Michael Imbroscio, left, and Paul Schmidt, right, of Covington & Burling.

The Massive Accutane Litigation Just Fell Apart After Judge Boots Expert ‘Hired Guns’

By Jenna Greene |

Any litigator knows a case can rise or fall on the testimony of an expert witness. A New Jersey state judge made that abundantly clear when he skewered the plaintiffs’ two experts in a long-running fight over the acne drug Accutane, banning their testimony and handing a huge win to Hoffman La Roche and Covington & Burling.

Should You 'Facebook' the Jury? Yes. No. Probably.

By Ben Hancock |

Social media is now a fixture in our lives. But court rules around researching jurors online still vary from state to state and judge to judge.

Blank Rome, Cozen O'Connor Want Ponzi Scheme Suit Tossed

By P.J. D'Annunzio |

The two firms claim they are being targeted because the real fraudster is broke and owes millions of dollars.

Suit Says Judge Was Suspended Over Time He Spent Caring for Disabled Son

By Charles Toutant |

A state Superior Court judge from Ocean County claims in a lawsuit that he was removed from the bench after clashing with supervising judges over time he spent attending to the needs of his disabled son.

Another Risperdal Case Tossed Midtrial

By P.J. D'Annunzio |

The Philadelphia judge did not explain his decision, but another lawsuit was tossed in December shortly after the defense started their case.

Johnson & Johnson's baby powder.

Jury Awards in Talc Cases Led Top 100 Verdicts in 2016

By John Deming |

There are three talc cases in the Top 100 Verdicts of 2016.

Hard Rock Cafe in Las Vegas.

Greenberg Traurig Advises on Hard Rock Cafe Purchase of Trump Taj Mahal Casino

By Monika Gonzalez Mesa |

Greenberg Traurig represented a Hard Rock International led joint-venture in the purchase of the former Trump Taj Mahal.

L-R Mark Silow and Mark Morris, Fox Rothchild

Fox Rothschild Grows Revenue 14 Percent, Profits Stay Flat

By Lizzy McLellan |

Revenue jumped 14 percent at Fox Rothschild in 2016, more than matching head count growth as the firm beefed up its lawyer ranks.

Legal Mal Suit Reinstated in Case of No-Show Expert

By David Gialanella |

A suit against New Jersey plaintiff firm Hoyt & Hoyt—by a former medical malpractice client claiming the handling of an expert witness was botched—is getting another chance.

Left to right: Mary Pat Gallagher, Ola Nunez, Steven Gerber and David Ganz.

Ex-Gonzalez Saggio Lawyers in NJ Join NY's Schoeman Updike

By Lizzy McLellan |

Lawyers from the former New Jersey office of defunct Milwaukee-based firm Gonzalez Saggio & Harlan have found a new home at a New York firm, after a year of running their own shop.

Your H-1B Petition Was Not Selected in the Lottery; Now What?

By Michael J. P. Schewe |

The H-1B program is capped at 85,000 visas per year; here are some of the more popular options when you are not one of the lucky winners.

Kari Larsen of Reed Smith in New York.

'Smart Contracts' Demand Sharper Tech Skills From Lawyers, Experts Say

By Charles Toutant |

Lawyers who advise clients on "smart contracts" drawing on blockchain technology say some potential adopters liken them to a "magic pill" that will provide a cure to all their contract-related headaches. But as 'smart contracts' become more common in more sectors of the economy, lawyers will need to increase their technical know-how and to renew their focus on counseling clients instead of ministerial work, according to specialists in this fast-evolving field.

N.J. Supreme Court Chief Justice Stuart Rabner

Rabner to ICE: NJ Courthouses Off-Limits for Arrests

By Charles Toutant |

Following the recent arrests by U.S. Immigration and Customs Enforcement of two people attending proceedings in New Jersey courts, Chief Justice Stuart Rabner has asked the agency to declare courthouses off-limits for future arrests.

Professional Excellence

Law Journal Names New Leaders of the Bar

New Leaders of the Bar endeavors to identify attorneys representing the future of the legal profession in New Jersey. Congratulations to the winners.

Asbestos fibers

Third Circuit Overturns $36M Judgment Against Travelers

By P.J. D'Annunzio |

The U.S. Court of Appeals for the Third Circuit has ruled an exclusion in Travelers insurance company's policy with a company hit with asbestos claims shields the insurer from paying $36 million to cover multiple settlements.

New Jersey Law Journal Professional Excellence

Law Journal Litigation Departments of the Year Announced

New Jersey is home to a number of formidable litigators and litigation practices. Standing out is no easy task. Congratulations to the winners.

Tracy Julian and Joseph Colao Jr.

Pashman Stein Opens in Monmouth With 2 From Lindabury

By David Gialanella |

Pashman Stein Walder Hayden has opened its fourth office, in downtown Red Bank, with a pair of laterals from Lindabury, McCormick, Estabrook & Cooper of Westfield: Joseph Colao Jr. joined as a partner and Tracy Julian as of counsel.

Anthem Loses DC Circuit Bid to Revive $54B Cigna Merger

By C. Ryan Barber |

A federal appeals court in Washington on Friday rejected Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp., upholding a trial judge's decision to block the deal on the ground it would substantially reduce competition.

J&J Hit With $20M Verdict in Third Pelvic Mesh Trial

By Zack Needles |

A 12-member Philadelphia jury handed up a $20 million verdict—including $17.5 million in punitive damages—against Johnson & Johnson subsidiary Ethicon in the third pelvic mesh case to go to trial in the city.

Professional Excellence

Law Journal Announces Attorney of the Year Finalists

The New Jersey Law Journal—with the help of an outside panel of distinguished practitioners, along with our editorial staff—has narrowed a lengthy and formidable list of Attorney of the Year 2016 nominees to three finalists.

Judge Facing Ethics Charges Defends Actions in Child Custody Matter

By Michael Booth |

A New Jersey judge facing disciplinary action for allegedly intervening in a child custody matter defended herself at a judicial conduct hearing on Wednesday, saying she acted properly given the facts she had at the time.

United Airlines Airbus A320.Source: wiki / CC.

United Settles With Passenger Forcibly Removed From Flight

By Cogan Schneier |

Details of the settlement were not disclosed, but attorneys said it would cover David Dao's injuries.

gavel

NJ Comp Board May Decide Case of Resident Injured Out of State

By Charles Toutant |

The Division of Workers' Compensation has jurisdiction over the case of a New Jersey resident who was hurt on an out-of-state jobsite but was at home when he accepted the offer of employment, an appeals court has ruled.

New Jersey Law Journal Professional Excellence

Law Journal's Lifetime Achievement Honorees Named

The Law Journal's Lifetime Achievement award honors attorneys who have left a mark on the profession through consistent excellence over the course of a career. We are proud to announce two winners.

92nd Street in Rockaway, Queens, after Hurricane Sandy

5 Reasons a Jury Will Have to Decide Whether Emails Settled a Superstorm Sandy Claim Before Insured Brought Suit

By Steven A. Meyerowitz, Esq., Director, FC&S Legal |

A federal district court in New Jersey has ruled that a jury would have to decide whether an insured and its insurer had reached a settlement of the insured’s Superstorm Sandy claim for wind damage to its property before the insured had filed its lawsuit.

New Jersey Attorney General Christopher Porrino

Porrino Talks Outside Counsel Spend, Doing 'More With Less'

By David Gialanella |

Among the myriad topics New Jersey Attorney General Christopher Porrino was asked to address by lawmakers was the Department of Law and Public Safety's proposed budget reductions, and how that might square with outside legal fees.

Motorcyclist Who Lost Leg in Crash Settles for $2.475M in Essex County

By Charles Toutant |

In Rivera v. Coote, a man whose leg was amputated after his motorcycle collided with a car was paid a $2.475 million presuit settlement on March 20.

Law Journal's Distinguished Leaders Pave the Way

Strong leaders are hard to come by. These Distinguished Leaders fit the bill, demonstrating clear leadership skills as lawyers, managers, scholars, and members of the professional community.

Two EpiPen auto-injectors used for treatment of allergic reactions.

Mylan Faces Suits by Sanofi, Consumers Over EpiPen Pricing

By Charles Toutant |

Already under scrutiny from lawmakers over pricing of its EpiPen epinephrine injector, Mylan faces new lawsuits from consumers and a competitor in New Jersey federal courts accusing it of taking anti-competitive actions to protect its product's market share.

Federal Judge Freda Wolfson

Indicia of Lawyers' 'Partnership' Did Not Confer Vicarious Liability

By Charles Toutant |

A vicarious liability claim has been dismissed in a case involving husband-and-wife attorneys who represented themselves as law partners but did not share profits.

International Law for Solo Practitioners and Small Firms

By Steven M. Richman |

Many solo and "small firm" ­practitioners whose practice is predominantly county or ­state-centered may believe that "international law" has no relevance to what they do. This results in part from a preconception as to what international law entails.

Judge Philip Maenza

NJ Ethics Committee Dismisses Complaints Against Judge Maenza, Legislators

By Michael Booth |

A state ethics committee has dismissed complaints filed against two state legislators and an embattled state judge, Philip Maenza.

Susan Reisner

Case Claiming Police Verbally Abused Transgender Man Is Revived

By Charles Toutant |

Comments that might not create a hostile work environment may nonetheless violate the Law Against Discrimination in a public accommodation context, an appeals court said Thursday in a published decision reopening the case of a transgender man who says he was subjected to threats and demeaning comments by officers of the Jersey City Police Department.

Federally Mandated Paid Parental Leave in the US: Is the Wait Over?

By Susan L. Nardone |

If the Trump administration is receptive to some form of paid leave law, as appears to be the case, and members of Congress follow suit, the time may be ripe for the passage of a federal paid family leave law.

NJ Appeals Court Rejects Putative Consumer Class Action Against Toyota

By Michael Booth |

Panel says plaintiff understood the contract language and agreed to arbitration when she leased the car.

'BYOB' Ad Ban Under Scrutiny in A.C. Strip Club's Suit

By Charles Toutant |

A First Amendment suit by an Atlantic City strip club seeks to halt enforcement of a state law making it a crime for restaurants and clubs to advertise a BYOB policy.

Hughes Justice Complex, Trenton, New Jersey.

NJ Justices to Define Limits of Sex Offenders' Volunteer Work

By Michael Booth |

The Supreme Court will decide whether a convicted sex offender may be prosecuted for violating his parole by volunteering with a "youth serving" organization.

Electronics Company Awarded $3.7M in Contract Dispute

By Charles Toutant |

A Passaic County jury awarded a $3.7 million verdict on March 28 to a Dover electronics company in Electrospec Inc. v. New Jersey Micro-Electronic Testing Inc., a breach-of-contract and fraud suit.

Planning to Protect a Difficult Neighbor During Construction

By Thomas J. Trautner Jr. |

One tiny section of the Uniform Construction Code can become a big problem for a real estate developer facing an unreasonable neighbor.

Professional Excellence

Law Journal Names In-House Legal Departments of the Year, GC Impact Winners

Perhaps there is less fanfare, but in-house lawyers play a vital role in the bar. These honorees have taken innovative approaches to the evolving role of in-house counsel.

Renewal Option in a Commercial Lease: Failure Could Cost You Your Business

By Catherine Pastrikos Kelly and Paul J. DeMartino Jr. |

If a tenant fails to timely inform the landlord of his intent to renew the lease, New Jersey courts usually strictly enforce the lease as written--but there are a few exceptions to this rule.

Managing Risk in Construction Accidents: Why Your Investigation is Key

By John Sparling, David Kuk and Ben Hochberg |

Whether or not an accident causes personal injury or property damage, securing the scene, documenting the cause and preserving the evidence surrounding the accident is critical to the risk management for any company involved in construction.

Rule 30(e) and Changing Deposition Testimony in the Third Circuit

By Marisa Rauchway Sverdlov |

The Third Circuit Court of Appeals has provided guidance (and some degree of reassurance) to practitioners that Rule 30(e) has its limitations.

A Legislative Priority in NJ: Amending the Mortgage Priority Statute

By Laurence Smith |

The recent holding by the New Jersey Supreme Court in 'Rosenthal & Rosenthal v. Vanessa Benun,' is a clarion call to the New Jersey legislature to amend the state's mortgage priority statute.

State Dodges Spill Act Bullet

By Lewis Goldshore |

New Jersey taxpayers can collectively breathe easier as a result of the state Supreme Court's ruling in 'NL Industries v. State of New Jersey.'

Concepts of Equity Are Applied to NJ's Spill Act

By Vito A. Pinto |

The Appellate Division recently employed principles of equity to expand potential liability under the New Jersey's Spill Act, in a decision that seems inapposite to other Spill Act jurisprudence.

Marital Status Shouldn't Control College Contribution Dispute

By Law Journal Editorial Board |

Where there is a normal parent-child relationship, the children of married, separated or divorced parents should be treated the same and the marital status of the parents should not control.

Impact Fees and Development Approvals: A Cautionary Tale

By Craig W. Alexander |

A recent court case demonstrates that there are strict limits on what off-tract impact fees a land use board can impose, and what applicants can offer, as a condition of subdivision or site plan approval.

'Concealed Carry Reciprocity' Would be Bad for New Jersey

By Law Journal Editorial Board |

A proposed federal law would likely result in an influx of people from other states who may legally carry a concealed handgun in their states, and who would now be entitled to carry it here. That would not be good for New Jersey, and we urge our congressional delegation to speak out strongly against this unwise proposed federal law.

In re: Lipitor Antitrust Litig.

Action Did Not "Arise From" Patent Law Where Claim Could Succeed on Nonpatent Law Theory

Supreme Court Appropriately Accepted Notice by Email

By Law Journal Editorial Board |

We applaud the New Jersey Supreme Court for recognizing the realities of the practice of law in today's world and updating the methods of giving notice of disapproval of a real estate contract.

Thompson v. Bd. of Trustees, Teachers' Pension and Annuity Fund

Petition for Accidental Disability Benefits Appropriately Denied under 'Patterson' Test

Xylem Dewatering Solutions Inc. v. Dir., Div. of Taxation

Affirmation of Assessment of Tax on Gain from Deemed Sale of Assets of S Corp.

Wrath of God Aside, Witness Oath Remains Important

By Law Journal Editorial Board |

One hopes that witnesses usually present the truth, albeit colored by a point of view, with probably little thought of either a deity or prosecution for perjury. But the oath does add solemnity to the proceedings and emphasizes the importance of truthful testimony as a foundation of the judicial process.

Why We Do the Work

By Paula Franzese |

Words of inspiration from a law professor.

Cross-examination: Insight on the similar skills shared by an equestrian, doctor and lawyer

State bar member discusses equestrian, doctor and lawyer connection

American Bar Association

Don't Shut Out ABA Review

By Law Journal Editorial Board |

The Trump administration has shut the ABA out of its process of evaluating federal judicial nominees. We can only regret this action.

Is There a Prosecutor in the House?

By Sharon B. Ransavage |

Can it be that some people are insulated from prosecution by virtue of the very power that they hold?

Patrick v. City of Elizabeth

Municipality and School Board Immune Under TCA Where No Proof of Dangerous Condition

CAPITOL REPORT

A report on recent action in Trenton of interest to NJSBA members

A man walks to board an Amtrak train in Penn Station November 17, 2005 in New York City. Photo by Mario Tama/Getty Images/EdStock via iStockimages.com.

In Trenton Hearing, Rail Chiefs Pin Delays on Aging Penn Station

By Michael Booth |

Top officials with NJ Transit and Amtrak on Friday told New Jersey legislators that aging infrastructure and tracks are largely to blame for recent derailments and delays at New York's Penn Station.

Dr. Salomon Melgen, center, indicted on bribery charges along with N.J. U.S. Sen. Robert Menendez, outside the federal courthouse in Newark, New Jersey.

Melgen, Menendez Associate, Convicted of Medicare Fraud

By Michael Booth |

A federal jury on Friday convicted Florida eye doctor Salomon Melgen, a close associate of U.S. Sen. Robert Menendez, D-New Jersey, of health care-related fraud.

PHILIP ING

On The Move

Mason Griffin Names Davy Of Counsel. Two Davis, Saperstein Attorneys Certified by New Jersey Supreme Court. Judge Reisner Joins Scarinci Hollenbeck. Law Offices of Robert McGuirl Welcomes New Associate.

CIVIL TRIAL PRACTICE AWARD: Shown, at right, MCBA president Andrea Sullivan presents the MCBA’s 2017 Civil Trial Practice Lawyer of the Year Award to Kathleen Murphy of Connell Foley in Roseland (at left), on March 22, 2017, at The Pines Manor in Edison.

After Hours

Connell Foley's Murphy Receives Middlesex Bar Civil Trial Practice Award. Jackson Lewis Chairman Cino Honored by NIAF. Federalist Society Discusses Gorsuch Nomination.

Your Reputation Precedes You, Counsel

By Marc Garfinkle |

Our reputations and our practices are damaged whenever negative information is published in any way. Here are some options for fighting back.

Williams v. Raymours Furniture Co., Inc.

State Where Employee Accepted Offer Could Exercise Jurisdiction Over Work Injury

State v. Ancrum

Merger of Convictions Did Not "Extinguish" Aggravated Assault Conviction

CAPITOL REPORT

A report on recent action in Trenton of interest to NJSBA members

JOHN CONNELL

After Hours

'Slants' Copyright Case Hits TV Airwaves. Seton Hall Law 2L Wins GRAMMY Foundation Scholarship. Seton Hall Law 2L Wins GRAMMY Foundation Scholarship.

Students to showcase their original winning Law Fair and Law Adventure cases in May

Students to perform Law Fair and Law Adventure cases

The State Is Not Liable for Pre-Spill Act Conduct

By Christopher Gibson, Patrick Flynn and Pete Jamison |

The primary implication of the "NL Industries" decision is to immunize the State from liability for contamination it created prior to 1977.

Trustees welcome new member, honor those leaving board

A look at recent action by the NJSBA Board of Trustees

The Importance of Law Day and the 14th Amendment

Law Day is May 1st -- let's celebrate constitutional democracy

EZRA ALTER

On The Move

The Capitol Building in Washington, D.C.

Syria Attack Needs Authorization

By Law Journal Editorial Board |

Any sensible war is a continuation of politics by other means, and Congress is the body responsible to decide whether there is a policy behind this one, what it is, and whether it makes any sense beyond a generalized emotion that something must be done.

ROBERT GOLDENBERG

On The Move

Three Join Hartmann Doherty in Short Hills. Tarkalanova Joins Wong Fleming. Scatena Joins Capehart Scatchard's Workers' Compensation Department.

AWARD WINNER: Edward C. Miller, CMO of Norris, McLaughlin & Marcus (at right), accepts ‘Companies Who Care’ award from CIANJ chairman of the board Andrew Silverstein (at left), on March 15, 2017, at Nanina’s in the Park in Belleville.

After Hours

Calendar of Events

Upcoming events of interest to NJSBA members

CAPITOL REPORT

A report on recent action in Trenton of interest to NJSBA members

NJ Municipalities Catch Paid Sick Leave Fever

By Kerri A. Wright and David L. Disler |

New Jersey leads the nation in the number of municipalities (13) that have passed local paid sick leave ordinances.

Employer's 'Honest Belief' Is Complete Defense to FMLA Retaliation Claim

By Andrew M. Moskowitz |

In 'Capps v. Mondelez Global,' the Third Circuit determined that an employer who was both certain and wrong that an employee misused his FMLA leave could escape liability under the FMLA.