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How VW's In-House Lawyers Screwed Up a Litigation Hold

By Sue Reisinger |

The obstruction of justice charge filed against Volkswagen AG on Wednesday pertains not only to lies by employees to federal regulators, but also to actions by VW's in-house legal team, according to statements attached to the plea agreement.

The inaugural parade presidential reviewing stand on Pennsylvania Avenue in front of the White House, Sunday, Jan. 15, 2017, is nearly completed in preparation for the 58th presidential inauguration, on Friday, Jan. 20. (AP Photo/Pablo Martinez Monsivais)

Shut Down or Show Off? Law Firms in the 'Swamp' Plan for Inauguration Day

By Katelyn Polantz |

Most downtown Washington, D.C., firms are battening down the hatches this week, though a few will host parties and fete clients for the presidential inauguration of Donald Trump.

Protesters during the 2005 presidential inauguration of George W. Bush.

Days Before Trump Inauguration, Circuit OKs Limits on Protests

By Tony Mauro |

Reserving parts of the parade route for official seating doesn't violate the free speech rights of protesters, the U.S. Court of Appeals for the D.C. Circuit ruled on Tuesday.

The Slants

In 'Slants' Case, Justices Skeptical of Ban on Disparaging Trademarks

By Tony Mauro |

Several justices appeared sympathetic to the band during oral arguments at the U.S. Supreme Court on Wednesday, which bodes well for the Washington Redskins' fight to restore its trademark.

Ekaterina Schoenefeld

Lawyer's Fight Against NY Office Requirement Gains Support From ACC, NJSBA

By Mark Hamblett |

A lawyer's rebellion against a law requiring attorneys who practice in New York state to maintain an office in the state just got a boost at the U.S. Supreme Court.

Gregory Haworth

Duane Morris Installs New Managing Partner in Newark

By David Gialanella |

For the first time since it opened its doors two decades ago, Duane Morris' Newark office has a new chief: Gregory Haworth, a longtime partner at the firm handling litigation and bankruptcy-related matters. He replaces Walter Greenhalgh, who had held the role since the office's opening in 1996.

Sergey Aleynikov, left, exits Manhattan federal court with his attorney, Kevin Marino, in February 2012.

Justices Appear Skeptical of Ex-Goldman Sachs Coder's Entitlement to Advancement of Legal Fees

By Tom McParland |

The Delaware Supreme Court seemed skeptical Wednesday that a former Goldman Sachs computer programmer was entitled to more than $2 million in fees and costs for successfully defending himself against charges that he had stolen the investment bank's source code.

John Sheridan

Death Certificate Changed for NJ Lawyer Found Stabbed

By Charles Toutant |

The state medical examiner has changed the manner of death from suicide to "undetermined" on the death certificate of high-powered lawyer John Sheridan Jr., after complaints from family members who contend that an investigation into the deaths of Sheridan and his wife had been botched by the Somerset County Prosecutor's Office.

Law Grad Argues KKK Reference, Driving Record Irrelevant to Bar Admission

By Karen Sloan |

Shamir Coll has yet to take the bar exam, but he presented his own case Wednesday before the Supreme Court of Ohio.

Legal Heavy Hitters Slated for Anti-Trump Conference

By Karen Sloan |

The day after Donald Trump is sworn in as the 45th president the United States, hundreds of attorneys and activists are slated to gather in Washington to strategize on how best to resist “bad government” and coordinate pro bono efforts to protect civil rights.

Sergey Aleynikov, left, exits Manhattan federal court with his attorney, Kevin Marino, in February 2012.

Delaware Justices Refuse Advancement to Ex-Goldman Sachs Coder

By Tom McParland |

The Delaware Supreme Court on Jan. 20 rejected the appeal of a former Goldman Sachs programmer, who had asked the justices to disregard a federal appeals court ruling in order to approve a bid to recover about $2 million in fees and costs from his former employer.

Gov. Chris Christie

Christie Proposals to Limit Painkillers, Oppose Marijuana Reform Meet Resistance

By Michael Booth |

Republican Gov. Chris Christie's proposals in his last address to limit the prescribing of opiate painkillers and oppose legalization of recreational marijuana in the state met with disapproval from a major doctor's group and marijuana reform advocates in the Legislature.

Mark P. Robinson, Jr., of Robinson Calcagnie Robinson Shapiro Davis, Inc.

Calif. Lawyer Isn't Waiting for MDL to Press Talc Cases in State Court

By Amanda Bronstad |

California likes to be different. Attorney Mark Robinson made that distinction clear when discussing how to move forward on dozens of California lawsuits filed on behalf of more than 300 women who claim they now have ovarian cancer from prolonged use of Johnson & Johnson's talcum powder products.

Prison cell. Credit: BigStock.

Dismissal Upheld for Prison Guard Who Wore Muslim Headscarf

By Charles Toutant |

A New Jersey appeals court has upheld the firing of a Muslim corrections officer who refused to remove her headscarf on the job.

Jack Cohen.

NJ Personal Injury Lawyer Disbarred for $350K Theft

By Michael Booth |

The New Jersey Supreme Court has disbarred a Haddonfield attorney for knowingly misappropriating more than $350,000 in client funds and money that should have gone to clients, according to the court.

N.J. Supreme Court Justice Jaynee LaVecchia

Justices Affirm NJ's Affordable Housing Obligations

By Michael Booth |

In a unanimous ruling, the state's highest court said that towns' fair-share housing obligations did not disappear simply because the state failed to issue detailed regulations for 16 years. Municipalities might have to create up to 200,000 units of affordable housing throughout the state.

State Rep. Pamela Lampitt, D-Camden.

Insurance Rules for Driverless Cars Considered in NJ

By Michael Booth |

N.J. lawmakers have introduced bills that would require owners of driverless cars to maintain liability insurance coverage.

Sex Offenders Challenge Constitutionality of Mandatory Lie Detector Tests

By Michael Booth |

A trio of paroled sex offenders is challenging New Jersey Parole Board regulations requiring them to submit to periodic polygraph examinations, saying their constitutional rights are being violated. Oral arguments were heard Jan. 17.

Joseph LaSala

McElroy Deutsch Partner Tapped as New Ethics Commission Chair

By Michael Booth |

Joseph LaSala, a litigator and partner at the Morristown firm is appointed by Gov. Chris Christie to be the new chairman of the State Ethics Commission, succeeding Andrew Berns, who has held the post since 2010.

U.S. Securities and Exchange Commission building in Washington, D.C.

Port Authority to Pay $400,000 to Settle SEC Claims It Misled Investors

By Michael Booth |

The Port Authority of New York and New Jersey has agreed to pay the U.S. Securities and Exchange Commission a $400,000 penalty to settle allegations that it impermissibly raised at least $2.3 billion in bond revenue to pay for non-authority transportation projects in New Jersey.

The Appellate Division, First Department, at 27 Madison Ave.

Goldman Sachs Programmer's Conviction Reinstated on Appeal

By Jason Grant |

Sergey Aleynikov was originally convicted in Manhattan Supreme Court of stealing Goldman Sachs' source code for high-frequency trading, a conviction that was later overturned.

George Washington Bridge

New Hearing Ordered in Bridgegate Official Misconduct Case Against Christie

By Charles Toutant |

The finding of probable cause by a municipal judge in the official misconduct complaint against Gov. Chris Christie in the Bridgegate affair was erroneous because Christie was denied the right to counsel at the hearing, the Bergen County assignment judge has ruled.

U.S. Court of Appeals for the Third Circuit at James A. Byrne U.S. Courthouse.

US Appeals Court Asks NJ to Answer Question on Municipal Lawyers' Job Security

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has asked the New Jersey Supreme Court to address an issue addressing job security for municipal attorneys.

Horizon Blue Cross and Blue Shield building, Newark, NJ

Claim Over Health Care Data Breach May Proceed Even Without Proof of Misuse

By Charles Toutant |

A breach of personal data from customers of Horizon Blue Cross Blue Shield of New Jersey gives rise to a claim under the Fair Credit Reporting Act, even without evidence that any of the stolen data was misused, the U.S. Court of Appeals for the Third Circuit ruled Friday.

Plaintiffs Fight to Stop Transfer of Invokana Cases to NJ

By Max Mitchell |

More than 100 plaintiffs with cases pending in Pennsylvania federal court over claims that the diabetes drug Invokana caused kidney damage are challenging the drugmaker's efforts to move those cases into a recently-established multidistrict litigation in New Jersey.

Youth Must Be Weighed in Mitigation Before Juveniles Given Life Without Parole

By Charles Toutant |

The Supreme Court has ruled that judges must exercise a heightened level of care before sentencing juveniles to sentences that are the practical equivalent of life imprisonment.

Practice Restrictions on Retired State Judges Go Too Far

By Editorial Board |

We believe that rule goes too far, and that our retired judges should be permitted to write briefs and argue cases pro bono, for legal services organizations and the Public Defender's Office.

Stephen Arcano, partner at Skadden, Arps, Slate, Meagher & Flom in New York. Received 06-23-10.Courtesy photo.052-2010

Average Deal Size Shrinks for NJ-Based M&A Market

By David Gialanella |

While the global and U.S. mergers and acquisitions markets appear to have stayed, if not record-breaking, quite strong in 2016, deals involving New Jersey companies took a steep drop in average value compared with 2015.

Price-Fixing Claims Pressed in Novo Nordisk Shareholder Suits

By Charles Toutant |

Danish drugmaker Novo Nordisk is facing two shareholder class actions in federal court accusing it of inflating its earning prospects and engaging in collusive pricing of its insulin drugs for diabetics.

Third Circuit Clarifies Employer Liability in Age Bias Cases

By P.J. D'Annunzio |

The U.S. Court of Appeals for the Third Circuit said that employers can be taken to court for policies that meant to protect employees 40 or older that inadvertently hurt those in other age subgroups, such as those in their 50s.

NJ Supreme Court Justice Lee Solomon

NJ State Police's Silence on Immunity at Trial Wasn't a Waiver

By Charles Toutant |

A state agency's failure to assert a sovereign immunity defense during its trial on an Americans with Disabilities Act claim does not amount to a waiver of immunity, a divided New Jersey Supreme Court has ruled.

Gov. Chris Christie

Justices Ask for Federal Government's Views on NJ Sports Betting Plan

By Charles Toutant |

Gov. Chris Christie got some good news Monday in his long battle to legalize sports betting. The U.S. Supreme Court asked the U.S. solicitor general to submit a brief detailing the federal government's position on the issues raised by a challenge to New Jersey's sports wagering law.

Hughes Justice Complex, Trenton, New Jersey.

In Reversing Disbarment, Court Recognizes Second Chances

By Editorial Board |

The Luciano case is important because it makes clear that the court understands the consequences of disbarment to an attorney, and gave one the chance to present additional proofs to vindicate himself, even though his disbarment proceedings complied with due process and had achieved finality. For this, the court warrants our respect, and the system has greatly benefited.

No Blunders for Supreme Court at Trump's Inauguration

By Tony Mauro |

From the U.S. Supreme Court’s perspective, the inauguration of President Donald Trump on Friday went smoothly, with no flubbed lines or dropped Bibles.

Bernards Township, NJ. Wikimedia

Township: Give Up the Fight Against Mosque Construction

By Editorial Board |

The Township of Bernards faces a decision: if they appeal and continue the fight, they will exacerbate conflicts in the community, and will incur further counsel fees in an already burdensome effort to prevent construction of a house of worship.

NJ Assemblyman John F. McKeon (D)

NJ Legislators Move to Bar Out-of-State Arbitration in Consumer Contracts

By Michael Booth |

The New Jersey Assembly has passed legislation that prohibits companies from inserting language in consumer contracts that requires arbitration of disputes in forums outside of the state.

NJ Supreme Court Justice Lee Solomon

State Did Not Waive Immunity in Case Over ADA Claim

By Charles Toutant |

A state agency's failure to assert a sovereign immunity defense during its trial on an Americans with Disabilities Act claim does not amount to a waiver of immunity, a divided New Jersey Supreme Court has ruled.

Law Doesn't Define Patriotism

By Editorial Board |

We suggest that faux patriotism is not always patriotism at all.

$25 Million Accutane Verdict Reinstated by NJ High Court

By Michael Booth |

The New Jersey Supreme Court has reinstated a $25.16 million judgment in favor of an Alabama man who claims he contracted Crohn's disease after taking Accutane, an acne drug that has been the subject of mass tort litigation in the state for more than a decade.

N.J. Supreme Court Chief Justice Stuart Rabner

Legislature Must Heed Court's Call on Juvenile Sentencing

By Editorial Board |

Our Supreme Court has now written another compassionate chapter in our sentencing jurisprudence, affording a meaningful opportunity to youthful offenders serving the effective equivalent of a life sentence to demonstrate that they have in fact changed and should be free. We urge our Legislature to quickly act.

Andalora v. R.D. Mechanical Corp.

Insurer Subrogated to Insured's Right to Claim Indemnification

State v. Young

Defendant Could Not Be Convicted for Failing to Maintain Confidentiality of Child Abuse Records

Members seek leadership roles

NJSBA Nominating Committee to interview candidates Jan. 18-19

U.S. Securities and Exchange Commission building in Washington, D.C.

Shareholder Suit Claims Drugmaker Lacked Candor in Reports on Key Product

By Charles Toutant |

A shareholder class action filed in federal court in Trenton claims that a New Jersey drug company made false or misleading statements about prospects for regulatory approval of its lead product.


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


State's Decision to Defend a Civil Case to Verdict and Judgment Did Not Preclude It From Asserting Sovereign Immunity

Div. of Child Prot. and Permanency v. S.W.

Trial Judge Erred in Forgoing Testimony in Favor of Submission of Documents in Child Abuse Case


On The Move

Tiscornia Appointed Administrative Law Judge. Florio Perrucci Welcomes Partner Castellucci and Associate Moure. Gwira Joins Wong Fleming in Princeton. Porzio Welcomes Back Christopher De Phillips. Maggs & McDermott Moves to Wall Twp.


Police May Not Follow Suspect Into Home During Investigatory Stop

Shopping Amazon?

Shop Amazon to support the New Jersey State Bar Foundation

Internal Revenue Service in Washington, D.C.

IRS Focuses on Attorneys and Their Law Firms

By Robert Alter |

The IRS Attorney Audit Technique Guide, which is intended for examining agents, is useful for attorneys undergoing audits (and their counsel) to gain insight into what the IRS is looking for and how it goes about finding what it is looking for.

State v. J.R.

Admission of CSAAS Testimony That Exceeded Parameters Was Harmless Error

Kirkpatrick v. Hidden View Farm

Equine Act Immunity Applies to Minor Accompanying Participants in Activity

Taking Risks for Your Brothers: The Power of Dr. King's Words

Human-rights activist Raymond Brown recalls Martin Luther King


Lack of Awareness of Collateral Consequences of Guilty Plea to Predicate Offense for Civil Commitment Did Not Constitute Excusable Neglect.

Tisby v. Camden Cnty. Corr. Facility

Corrections Officer May Not Wear Khimar Head Covering While Working


After Hours

Chasan Leyner & Lamparello's Scott Named Leadersp Academy Fellow by NJSBA. Partners for Women and Justice Elects Two Trustees. Montgomery McCracken 'City to Shore' Bike Ride Raises $11K for MS Charity. Diocese Honors Anselmi With Award at Red Mass.

State v. Zuber

Sentencing Judges Should Evaluate Miller v. Alabama Factors When Sentencing Juveniles to Terms of Imprisonment That Are Practical Equivalents of Life Without Parole

Foundation debuts workshop to help educators teach the Holocaust

NJSBA Foundation presents workshop addressing how to teach children about the Holocaust


On The Move

Fox Rothschild Office Adds Bankruptcy Partner Mark Hall. Sills Cummis Welcomes New Partner Gonchar. Pittard Joins Scarinci Hollenbeck as Counsel. Lindabury Adds Curley to Its Commercial Real Estate and Finance Practices.

Why Education and Training Matter to Cybersecurity Compliance

By David W. Opderbeck |

One important step every business can take is to implement a cybersecurity compliance training program.

NJSBA Board of Trustees votes on measures addressing trends in legal profession

Recent activity of the State Bar Association

At start of a new presidency, a look back at Grover Cleveland, the only U.S. president born in New Jersey

A look back at Grover Cleveland, the only U.S. President born in New Jersey

Use of Digital Evidence at Trial Is Ripe for Guidance in the New Year

By Matthew S. Adams |

In December 2016, the Appellate Division tackled the requirements for the authentication of social media content at trial in New Jersey.

NJ Supreme Court: Choice of Law Issues to Be Decided on Defendant-by-Defendant Basis

By Michael H. Reed and Seth R. Lesser |

Litigators of complex cases involving choice-of-law questions, will do well to familiarize themselves with the case of Ginsberg v. Quest Diagnostics.


A look at legislative action of interest to NJSBA members

Foundation debuts workshop to help educators teach the Holocaust

Bar Foundation presents workshop on teaching children about the Holocaust

Suits & Deals: Woman injured in pedestrian accident awarded $5.225 million verdict

By Charles Toutant |

A woman who suffered a traumatic brain injury in a pedestrian accident was awarded a $5.225 million verdict in her Somerset County suit.

Reversing the Tide: Restoring Public Confidence in Lawyers

By Marc Garfinkle |

A call to attorneys to treat the Rules of Professional Conduct with the respect they require. Our adherence to them must be closer to their heart than to their edges.

EGG HARBOR CITY SCHOOL DISTRICT WINNER: Pictured (left to right) on Dec. 20, 2016, at Egg Harbor City Community School, are art teacher Karen Porreca, winner and 8th grader Ajeria Jackson and Christopher Barrett, Esq., Cooper Levenson.

After Hours

Cooper Levenson Holiday Cards Feature Student Artwork. Trenk DiPasquale Collects Holiday Toys for Wynona's House. Meyner and Landis Partners with NCC for Toy Drive.

US Federal District Judge Kevin McNulty, Martin Luther King Courthouse, Newark, NJ.

Michaels Class Action Dismissed for Lack of Jurisdiction Under 'Spokeo'

By Charles Toutant |

A federal judge in Newark has dismissed a proposed class action in multidistrict litigation against Michaels Stores Inc. for failure to plead subject matter jurisdiction under the Supreme Court's recent decision in "Spokeo v. Robins."