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Marc Kasowitz addresses the media on June 8 following the congressional testimony of former FBI Director James Comey

Trump Case Leaves Marc Kasowitz's Law Firm at a Crossroads

By Christine Simmons |

Kasowitz's career-defining undertaking in Washington, D.C., has raised new questions about the trajectory of his New York firm.

U.S. Supreme Court building

Anticipation Builds for Huge SCOTUS Ruling on Forum-Shopping

By Tony Mauro |

Civil litigators and corporate counsel can almost taste victory in Bristol-Myers Squibb v. Superior Court of California, seen as the term's most important case on jurisdiction.

Paul Bond and Mark Melodia, with Reed Smith.

Law Firm Apps Designed to Impress Clients—and to Win Them

By Miriam Rozen |

The apps keep coming, but do most clients care?

Josh King is the chief legal officer at Avvo Inc.

Avvo, LegalZoom, Rocket Lawyer Declared Off-Limits

By David Gialanella |

A joint opinion by three New Jersey Supreme Court committees has blacklisted three web-based services that match litigants with attorneys.

U.S. Supreme Court building.

SCOTUS Narrows Forum-Shopping in Big Pharma Action

By Tony Mauro |

In a win for the corporate defense bar, the U.S. Supreme Court on Monday tightened jurisdictional rules that determine where companies can be sued.

Hiring Misfires Show Need for Tougher Law Firm Vetting

By Scott Flaherty |

In less than a year, Big Law has seen at least three lateral hires go seriously, even criminally, awry.

Sleepless Nights for GCs Caused by Regulations and Crisis Management

By Jennifer Williams-Alvarez |

A new report from ALM Intelligence and Morrison & Foerster shows just what is keeping GCs up at night.

The Slants

Supreme Court Rules First Amendment Protects Disparaging Trademarks

By Tony Mauro |

A high-profile trademark fight centered on the Asian-American rock band The Slants ended Monday with a ruling that the Lanham Act’s prohibition against “disparaging” marks violates the First Amendment.

Stephanos Bibas

Koch Bros.-Linked Group Runs Ad for Penn Law Prof's 3rd Circuit Nomination

By Max Mitchell |

A nonprofit organization named Concerned Veterans for America has begun running an ad asking readers to call their senators and urge a vote in favor of Stephanos Bibas, a Penn Law professor who was recently nominated to fill a vacancy on the U.S. Court of Appeals for the Third Circuit.

Association of Corporate Counsel office in Washington, D.C.

New ACC Survey Finds 'Dramatic' Gender Pay Gap for In-House Counsel

By Sue Reisinger |

A new ACC survey indicates that a higher percentage of women than men occupy lower-level categories when it comes to in-house salaries.

Mitch Williams

'Wild Thing' Mitch Williams Secures $1.5M Verdict in Case Over Firing From MLB Network

By Charles Toutant |

Former Major League Baseball pitcher Mitch Williams was awarded $1.5 million by a state court jury in Camden Tuesday in his breach of contract suit against MLB Network.

Anthony Kennedy.

SCOTUS Ends Term With Blow to Class Action Plaintiffs

By Tony Mauro |

In a 5-4 ruling delivered at its final sitting, the court strictly interpreted deadlines for opting out of ongoing securities litigation.

Appellate Division Judge George Leone

Christie Picks 9 for Bench, Appeals Judge Leone for Tenure

By Michael Booth |

New Jersey Gov. Chris Christie has nominated nine lawyers to various judicial positions, including seven to the Superior Court bench. He also has nominated an appeals court judge for tenure.

Bill Baroni

Baroni, Convicted in Bridgegate Scheme, Loses NY License

By Michael Booth |

A state appellate panel has indefinitely suspended the law license of William Baroni Jr., a former Port Authority official and one of the key figures behind the Bridgegate scandal that helped crush the presidential hopes of New Jersey Gov. Chris Christie.

3rd Circuit: Motion to Compel Arbitration Must Take Priority

By P.J. D'Annunzio |

A federal appeals court held that a district judge was wrong to rule on a motion to dismiss before considering whether the dispute had to be resolved through arbitration.

Christie Nominates 5 to Judicial Posts

By Michael Booth |

New Jersey Gov. Chris Christie on Tuesday nominated five lawyers to be judges of the Superior Court, the Office of Administrative Law and the Workers' Compensation Court.

Rep. Steve King, R-Iowa.

Attorney Drug Ads Draw Criticism, But Little Action After House Hearing

By Cogan Schneier |

Some lawmakers equated the drug ads to political advertisements, which may have a kernel of truth, but lack enough information to make a sound decision.

A Look Back at Big Law Advertising From A to ZZZZZ

By Leigh Jones |

Forty years ago this month, the U.S. Supreme Court held that lawyers had a First Amendment right to advertise their services—likely to the dismay of late-night TV viewers everywhere.

Horizon Blue Cross and Blue Shield building, Newark, NJ

Justices Hear Arguments Over Horizon's Omnia Plan

By Michael Booth |

Lawyers squared off before the New Jersey Supreme Court on Tuesday over whether Horizon Blue Cross Blue Shield, the state's largest health insurer, can proceed with its planned rollout of its two-tiered Omnia Health Alliance Insurance Plan.

David L. Adelson, left, Svetlana Ros and David N. Vozza of Norris, McLaughlin & Marcus

Norris McLaughlin Snags Health Care Group From Kern Augustine

By David Gialanella |

Norris, McLaughlin & Marcus, which appears to be in a sort of growth mode of late, has snagged three lawyers from health care boutique Kern Augustine, including its managing partner.

Amazon's GC on 'No-Lose' Talent Program in Legal Department

By Jennifer Williams-Alvarez |

Amazon is a participant in the OnRamp Fellowship program for women attorneys who want to re-enter the workforce after time off.

New Jersey Appellate Division Judge Douglas Fasciale

Comptroller's Grounds for Audit Need No Explaining

By Michael Booth |

The New Jersey Office of the State Comptroller has nearly unfettered authority to conduct random audits of any government agency, and does not have to explain its reasons why it decides to conduct an audit, a state appeals court said in a published decision.

Trust Account Misuse Alone Isn't Money Laundering, Court Says

By David Gialanella |

A disbarred New Jersey lawyer accused of helping himself to large sums of client funds has succeeded in defeating one of the most serious charges against him—and in the process prompted an appeals court to shed some light on how the money laundering statute applies to attorney account misuse.

U.S. District Judge Joseph Rodriguez

Judge Stiffs Houlihan's Owner in Feds' Tip-Pooling Suit

By Michael Booth |

A federal judge has refused to dismiss a lawsuit filed by the U.S. Department of Labor accusing the operator of 17 Houlihan's restaurants in New Jersey and New York of illegally pocketing portions of servers' and bartenders' tips, and failing to pay them for working overtime.

Third Circuit Says Lawyer Must Pay Damages in Undue Influence Case

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has ruled that Maplewood attorney John Sogliuzzo is liable for damages for using undue influence to take $391,000 from an elderly relative.

Assemblyman Herb Conaway, Jr., M.D.

'Telemedicine' Legislation Gaining Traction in New Jersey

By Michael Booth |

New Jersey is one step closer to imposing regulations on the burgeoning practice of "telemedicine," where patients remotely receive medical evaluations or counseling from their health care providers.

Bristol-Myers Squibb

NJ, 'World's Medicine Chest,' May See More Pharma Litigation After 'Bristol-Myers'

By Charles Toutant |

Lawyers handling drug-defect suits say New Jersey courts could see an uptick in volume of pharmaceutical and medical device suits in light of this week's Supreme Court ruling in a California case that narrowed access to jurisdiction for out-of-state plaintiffs.

New Jersey Assembly Speark Vincent Prieto

Legislators Act on Paid Family Leave Expansion

By Michael Booth |

A committee of the New Jersey Assembly has recommended passage of a bill that would greatly expand the state's 8-year-old paid family leave program.

FINRA

Past FINRA Arbitration Bars Claim Against Bressler Amery

By David Gialanella |

An investment adviser's legal malpractice claims against New Jersey firm Bressler, Amery & Ross are precluded by prior arbitration against his employer, a state appeals court has ruled.

Noel Hillman

Osteopathic Medicine Antitrust Case Set on Course to NJ Federal Court

By Charles Toutant |

The primary certifying body for osteopathic physicians is set to proceed to discovery in a fraud and antitrust suit in the District of New Jersey after a federal judge in Camden denied the association's motions to dismiss a suit by doctors.

Noel Hillman

Judge Trims Claims by Ex-Client Against Archer & Greiner

By Charles Toutant |

A federal judge in Camden has tossed some claims for malpractice and breach of fiduciary duty against Archer & Greiner and two of its lawyers arising from their representation of the former general counsel of a vacation time-share company.

Morristown Medical Center in Morristown, New Jersey

Battle Over Hospitals' Tax Status Heats Up

By David Gialanella |

As speculation proved true that a 2015 Tax Court decision providing for taxation of nonprofit hospitals would result in a wave of litigation, lawmakers are once again trying to solve the problem in Trenton.

Alexander Shalom is Senior Staff Attorney at the ACLU-NJ

ACLU-NJ's Shalom Wins Law Journal's 'Attorney of the Year'

By David Gialanella |

The New Jersey Law Journal, with the help of an outside panel of distinguished members of the legal community, has named Alexander Shalom Attorney of the Year. Shalom's selection from a panel of three finalists was announced Tuesday evening at the Law Journal's Professional Excellence event.

State Ordered to Pay $11.8M for Failure to Accommodate Worker With MS

By Charles Toutant |

A former corrections officer who was forced to retire after being diagnosed with multiple sclerosis has secured an $11.8 million jury verdict, including $10 million in punitives, in Mercer County Superior Court.

Justices to Consider $2M Fee Award Reversal in CEPA Case

By Michael Booth |

The New Jersey Supreme Court has agreed to determine whether Princeton-based Heartland Payment Systems will be allowed to collect more than $2 million in counsel fees after it successfully fought an ex-employee's whistleblower and breach-of-contract lawsuit.

New Jersey Supreme Court Justice Barry T. Albin.

Court Does About-Face on Appellate Review of Evidentiary Rulings

By Michael Booth |

In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.

New Jersey Assembly Speark Vincent Prieto

NJ Assembly Votes to Expand Paid Family Leave Program

By Michael Booth |

The New Jersey Assembly on Thursday passed legislation designed to expand the state's 8-year-old paid family leave program.

Credit: U.S. Immigration and Customs Enforcement via Wikimedia Commons.

Sanctuary Cities Bill Moves Ahead in Trenton

By Michael Booth |

New Jersey lawmakers took a step forward Monday on legislation opposing President Trump's immigration policies—which would use state funds to reimburse local governments for federal funds they may lose if they declare themselves sanctuary cities.

Justices: Data Fields Extracted Email Are Public Records

By Charles Toutant |

The Supreme Court of New Jersey has ruled that individual fields of data from electronically stored public records are subject to disclosure under the Open Public Records Act.

Gov. Chris Christie at the 2015 State of the State address.

Court Rejects OPRA Demand for Christie Campaign Letters

By Michael Booth |

A New Jersey appeals court has ruled that Gov. Chris Christie does not have to turn over correspondence with a nonprofit group that assisted with his unsuccessful presidential bid.

Bill to Regulate Home-Sharing Heads to Governor's Desk

By Michael Booth |

The New Jersey Senate on Monday gave final legislative approval to a bill that would impose taxes on the burgeoning home-sharing industry.

Westminster Choir College, part of Rider University, in Princeton, New Jersey.

Rider Suit Seeks to Prevent Sale of Choir College to Developers

By Charles Toutant |

Rider University is facing a suit over its plans to undo its 1992 merger with Westminster Choir College of Princeton and to sell the music school and its campus.

Clarkson Fisher Jr.

Appeals Court Rejects Challenge to Client's Consecutive Suits Against Lawyers

By Charles Toutant |

An appeals court has ruled that two consecutive suits by a criminal defendant against his defense attorneys in the same case do not constitute a violation of the entire controversy doctrine.

Newark Liberty International Airport terminal.

Cheers! Bill Would Push Back Last Call at Newark Airport Bars

By Michael Booth |

New Jersey lawmakers may help travelers quench their thirsts in the wee hours of the morning at Newark Liberty International Airport.

New Jersey Statehouse in Trenton

NJ Senate Judiciary Committee OKs 14 Judicial Nominees

By Michael Booth |

The New Jersey Senate Judiciary Committee on Monday recommended approval of 13 nominations to the state Superior Court and one nomination to the Office of Administrative Law.

Telemedicine Regulatory Bill Gets Final Legislative OK

By Michael Booth |

The New Jersey Assembly on Thursday gave final legislative approval to a bill that would impose rules and regulations on the growing practice of "telemedicine," where patients remotely receive medical evaluations or counseling from health care providers.

Former FBI Director James Comey testifies about his firing by President Donald Trump during a Senate Intelligence Committee hearing on June 8, 2017.

The French Have a Word for Comey: 'Fonctionnairisme'

By Law Journal Editorial Board |

The French word "fonctionnairisme" is the bureaucratic culture of doing your job without regard to the politics of those in charge. Former FBI Director James Comey has given us a look at the American version of fonctionnairisme. He is a fonctionnaire clean down to the bone.

Robert Laurino

With Essex Prosecutor Bound for Bench, First Assistant Takes Over

By Michael Booth |

First Assistant Essex County Prosecutor Robert Laurino has been tapped by Attorney General Christopher Porrino to replace Carolyn Murray as the acting county prosecutor.

Single-Car Crash Leads to $1.2 Million Settlement in Burlington County

By David Gialanella |

A man who sustained numerous broken bones after he allegedly was run off the road was paid a $1.2 million settlement in his Burlington County suit, Kelly v. Lembeck, on June 9.

Robert Mueller.

Mueller Bolsters Russia Teams Appellate Readiness in New Hire

By MARCIA COYLE |

Adam Jed of DOJ’s Civil Division has argued in circuit courts around the country. Special Counsel Robert Mueller III added another appellate specialist to his legal team that is investigating Russia’s interference with the U.S. presidential election last year.

prison

Governor Should Sign Racial and Ethnic Impact Statement Bill

By Law Journal Editorial Board |

S-677 would require that a racial and ethnic impact statement be prepared for legislation and new rules that would affect pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles. We urge the governor to sign S-677 without delay.

State v. Montalvo

Jury Charge Erroneous Where It Failed to Properly Instruct as to Limit of Right to Possess Weapon for Self-Defense

State v. Rosario

Police Improperly Subjected Defendant to Investigatory Detention by Blocking in Her Vehicle, without Articulable Reasonable Suspicion

In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas

Attorney General Lacked Authority to Issue Subpoenas After Declining to Intervene in Qui Tam Action

State bar magazine focuses on critical topic -- national security vs. civil rights

The recently released June issue of New Jersey Lawyer, the bi-monthly magazine of the NJSBA, takes a close look at an extremely topical subject: national security and civil rights.

CAPITOL REPORT

A round-up of action from Trenton, including NJSBA members offering expertise on municipal court issues.

Woodlands Cmty. Ass'n, Inc. v. Mitchell

Mortgagee's Changing of Locks on Property Insufficient to Establish It as Mortgagee in Possession

CAPITOL REPORT

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

N.J. State Sen. Nia Gill

NJ Senate Approves Bill Barring Questions About Pay History

By Michael Booth |

The New Jersey Senate on Monday gave final legislative approval to a bill that is intended to promote pay equity for women by prohibiting employers from asking prospective employees about their wage histories.

New Jersey Assembly Speark Vincent Prieto

NJ Paid Family Leave Expansion Bill Heads to Christie

By Michael Booth |

New Jersey senators on Monday sent a bill to Republican Gov. Christie that, if signed, would greatly expand the state's eight-year-old paid family leave program.

Hudson County Jury Awards $10M in Consumer Fraud Case Against Builder

By Celia Ampel |

In Grandview at Riverwalk Port Imperial Condominium Association v. K. Hovnanian at Port Imperial, a Hudson County jury on June 1 awarded a $10 million construction defect verdict against a publicly traded developer and an architectural company.

NJSBA's 7th Annual Diversity Summit Advances Discussion on Fighting Discrimination in Legal Profession and Society

The NJSBA's Diversity Summit attracted more than 130 legal professionals to examine the imprint of blatant bias on the nation 50 years ago and the institutionalized variety that persists today.

Return of State Court 'Statutory' Class Actions

By Matthew F. Gately |

When Spokeo v. Robins is properly understood as a jurisdictional decision, it becomes clear that it will not, as some have predicted, spell the demise of an entire category of class actions. Instead, it will simply shift the adjudication of those cases to state court.

The Stop & Shop Supermarket Co., LLC v. Cnty. of Bergen

Counsel Fees Authorized Where OPRA Litigation Causes Production of Records, but Action Moot Where Production Occurred Prior to Litigation

Satec, Inc. v. The Hanover Ins. Grp., Inc.

Expert Report Constituted Net Opinion Where Based on Experience Not Informed by Industry-Accepted Standards and Practices

New Jersey OPRA Law Comes of Age

By Carl Taylor III and Francesco Taddeo |

Recent appellate decisions, both published and unpublished, show an increasing willingness to contract the expansion of the Open Public Records Act.

The Tiger Tapes

By Peter H. Lederman |

More people arrested for DWI should receive the kind of support that Tiger Woods is getting.

Larkins v. Solter

Comptroller's Authority to Conduct Agency Audits Precluded Agency Preconditioning Cooperation on Explanation for Its Selection for Audit

Newsletter Roundup

A recap of recently published articles for NJSBA section newsletters

State v. Majewski

Indictment Dismissed Where State Failed to Properly Instruct Grand Jury as to Mental Culpability Required for Assault with Bodily Fluid

State v. Stubblefield

Trial Court Erroneously Precluded Defense Evaluation of Victim's Intellectual Capacity

In the Interest of M.P.

Venue Transfer Erroneous without Notice to State & Defendant and without Proper Deference to Presumption against Transfer

HOBBS LECTURE AT SETON HALL LAW SCHOOL: Shown, from left: Judge Fuentes, Judge Chagares, Judge Shwartz and Judge Hardiman, all from the United States Court of Appeals, Third Circuit, on April 3, 2017, at Seton Hall Law School in Newark.

After Hours

Judge Hardiman Gives Hobbs Lecture Keynote at Seton Hall Law. Malyk Assumes Chair of NJSBA Immigration Law Section. Empire State Chair on Display at Sills Cummis.

TEAGAN ALLEN

On The Move

McGivney & Kluge Elevates Cook to Name Partner; Firm Name Changes. New Counsel Joins McManimon Scotland. Former Brach Eicher Attorney Goes Solo. Kestner Joins Archer & Greiner. Goldberg Segalla Welcomes Allen.

Kellyanne Conway.

Conway and Napolitano Shouldn't Answer to Ethics Authorities

By Law Journal Editorial Board |

A license to practice law should be worn as a badge of honor, and appropriately comes with added responsibilities to serve the public good and to adhere to higher standards of conduct. Nevertheless, political advocates who happen also to be lawyers ought not have their political speech expose them to ethics grievances by their political opponents.

Submit artwork by July 14 to be in the running for sixth annual art show

Deadline for annual foundation art show July 14

Trustees take action on association business

The NJSBA Board of Trustees voted on a series of measures including a budget, diversity, and comments on rule changes when it met on June 16

Ex-Corp Counsel Says Newark Fired Him for Objecting to Deal With Developer

By Charles Toutant |

A former corporation counsel for Newark has claimed in a whistleblower suit that he was fired after objecting to terms of a deal between the city and a developer.

State v. McDuffie

Defendants Not Entitled to Information Regarding Sensitive Law Enforcement Investigative Techniques

Gil v. Clara Maas Med. Ctr.

Outside Physician Not Covered by Hospital's Insurance Where Neither Physician nor His Practice Qualified as Covered "Employee"

JNH Funding Corp. v. Ayed

Entities Eligible to Redeem Tax Sale Certificate Narrowly Constructed and Therefore Excluding Other Rightsholders With Similar Sets of Rights

Saddened, But Not Surprised, At Recent Shootings

By Law Journal Editorial Board |

Shootings are the natural and probable result when pretty much any American who hasn't been imprisoned or institutionalized can lawfully buy a gun. It is the terrible collateral cost of an armed populace.

Jury Instructions Are Critically Important

By Jeffrey M. Pollock |

Because of the impact that instructions have upon the jurors at every stage of trial, it behooves trial counsel to really give consideration to proposed instructions at any stage of trial.

Internal Revenue Service building in downtown Washington, DC

Warning: Double Check Deadlines Provided by IRS

By Jay J. Freireich |

Don't believe the Internal Revenue Service; always verify. And as for filing deadlines, those are rigid when it comes to the Tax Court.