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Big Law Heads Home—But Will It Work For You?

By Meghan Tribe |

Morgan, Lewis & Bockius recently announced the implementation of a new policy allowing some of its associates in the U.S. and U.K. to work from home. Other large law firms have similar programs, and while they have been credited for improving workplace morale, some lawyers would be well-served to heed potential red flags.

Arent Fox Partner Convicted of Insider Trading

By Brian Baxter |

Robert Schulman, who joined the firm in 2015 from Hunton & Williams, has been convicted of insider trading in New York for passing on a tip related to Pfizer Inc.'s $3.6 billion acquisition of King Pharmaceuticals Inc.

Merck sign, Whitehouse Station, New Jersey

Shingles Vaccine Suits Against Merck Growing in Pa.

By Max Mitchell |

A small number of cases have recently been filed in Pennsylvania over injuries allegedly caused by a shingles vaccine, but attorneys handling the cases are expecting to file many more soon.

Legal Services Corporation offices at 3333 K Street, N.W. in Washington, D.C. March 18, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Legal Services Corp., Under Trump, Faces New Threat to Existence

By Marcia Coyle |

Legal Services Corp. faced perhaps its greatest crisis in the 1980s, when President Ronald Reagan and his supporters attempted to disband the agency. Now more than 30 years later, as President Donald Trump moves to cut funding to zero, a battle for its survival is likely to begin again.

More Companies Consolidate Outside Legal Work: LexisNexis Report

By Rebekah Mintzer |

A trend in which legal departments are cutting the number of law firms that handle outside legal work does not appear to be slowing, according to a new study.

Acting U.S. Attorney William E. Fitzpatrick of New Jersey announces charges against Philadelphia District Attorney Seth Williams on March 21, 2017.

Feds Charge Phila. DA Seth Williams With Corruption

By P.J. D'Annunzio |

Federal authorities filed corruption charges Tuesday against Philadelphia District Attorney Seth Williams related to the acceptance of gifts valued at thousands of dollars to do favors for two local business owners.

New Jersey Gov. Chris Christie

With Fishman Out, Who's in the Running for US Attorney?

By Charles Toutant |

Gov. Chris Christie is expected to have a role in picking the state's top federal prosecutor.

Supreme Court nominee Judge Neil Gorsuch meets with Senator Chuck Schumer (D-NY) at the Capitol on Tuesday, February 7, 2017.

Here's What to Expect at Gorsuch Confirmation Hearing

By Tony Mauro |

Apart from political fireworks, we predict long-winded statements from senators, careful answers to questions about hot-button issues, and plenty of tributes to the late Justice Antonin Scalia.

Class Action Claims Samsung Failed to Notify Owners of Spying Smart TVs

By Charles Toutant |

The suit claims Samsung sells data gleaned from owners to marketers, and that Samsung failed to take steps to prevent hackers from gaining access to private conversations.

Princeton University. HANDOUT.

Princeton Sued Under Title IX Over Response to Suicide Attempts

By Charles Toutant |

Princeton University, which is already battling a suit from a student who was barred from campus after attempting suicide, is now facing a second suit claiming it expelled a student after he tried to kill himself.

3rd Circuit Upholds Contempt Ruling for Man Who Didn’t Unlock Devices

By P.J. D'Annunzio |

The U.S. Court of Appeals for the Third Circuit held that a court order compelling a child pornography suspect to decrypt his laptop and hard drives did not violate his right against self-incrimination.

Ronald Chen

Rutgers Rocket Shot Highlights U.S. News Rankings; SHU Also Climbs

By Karen Sloan and David Gialanella |

New Jersey's law schools fared well in U.S. News & World Report's annual law school rankings.

penn state

Court OKs Attorney Fees for PSU Trustees in Battle Over Freeh Docs

By Zack Needles |

Seven Penn State trustees are entitled to attorney fees and costs after a nearly two-year-long battle over access to the materials that formed the basis of the Freeh report, the Commonwealth Court has ruled.

Third Circuit Judge Slams 'Chevron' Deference in FMLA Retaliation Case

By P.J. D'Annunzio |

A U.S. Supreme Court decision widely criticized for giving too much power to executive agencies was panned by the U.S. Court of Appeals for the Third Circuit in a decision involving mixed-motive jury instructions in a Family and Medical Leave Act retaliation case.

Jeffrey Wall of Sullivan & Cromwell.

The Three Big Issues at Trump Travel Ban Hearing

By Cogan Schneier |

U.S. District Judge Theodore Chuang of Maryland honed in on standing, Trump's campaign statements, and the scope of any possible relief.

US Attorney Paul Fishman at a newsconference today answering questions about Bridgegate.

Ousted U.S. Attorney Fishman Heads to Seton Hall Law

By David Gialanella |

Now-former U.S. Attorney Paul Fishman didn't have long to wait for a landing spot—his first job after resigning Friday comes as a distinguished visiting fellow at Seton Hall University School of Law in Newark.

Paul Moriarty NJ Assembly

NJ Moves to Restrict Use of Automobile Shut-Off Devices

By Michael Booth |

The New Jersey Senate has given final legislative approval to a bill that would restrict use of payment assurance devices on automobiles.

Judge Neil Gorsuch appears March 20 at his confirmation hearing.

'Judges Are Not Politicians in Robes,' Gorsuch Tells Senate

By Marcia Coyle |

U.S. Supreme Court nominee Judge Neil Gorsuch emphasized in his opening statement Monday the independence and dedication to law of federal judges across the country. "Judges are not politicians in robes," Gorsuch, addressing the U.S. Senate Judiciary Committee, said Monday. "If I thought that I'd hang up my robe." Gorsuch didn't mention President Donald Trump, whose criticism of the judiciary drew rebuke from Republicans and Democrats alike. Democrats, leading up to the start of Monday's hearing, had questioned whether and how Gorsuch would express his independence.

NJ Senate Approves Prosecutors for Burlington, Atlantic Counties

By Michael Booth |

The New Jersey Senate on Monday unanimously confirmed the nominations of Scott Coffina, Gov. Chris Christie's senior deputy chief counsel, to be the Burlington County prosecutor, and Superior Court Judge Damon Tyner to be the Atlantic County prosecutor.

New Jersey Assemblyman Joseph Lagana

NJ Assembly Approves Anti-SLAPP Bill

By Michael Booth |

The state Assembly has passed a bill that would make it easier for defendants subject to lawsuits because of their participation in politically or commercially sensitive issues to have those suits dismissed.

Princeton University

Princeton Seeks to Block Disclosure of Admissions Process Documents

By Michael Booth |

Princeton University has filed a "reverse FOIA" complaint against the U.S. Department of Education in order to try and keep certain documents related to university admissions confidential.

Gibbons Revenue Decreases 5.1 Percent; PPP Up 1.3 Percent

By David Gialanella |

Gibbons' gross revenue declined in fiscal 2016—thanks in large part to a multimillion-dollar payday that didn't come, according to its managing partner—but saw equity partner earnings tick up and attorney population level off after some attrition in recent years.

Trump Taj Mahal Casino Resort in Atlantic City, NJ.

Discarded 'Trump' Casino Signage Is Focus of Legal Battle

By Charles Toutant |

Lawyers have gone to court in two states in a battle over a pair of signs bearing the name Trump that were removed from an Atlantic City casino.

N.J. State Sen. Nia Gill

NJ Senate to Vote on Immigration Measures

By Michael Booth |

The New Jersey Senate on Monday is set to vote on a series of measures aimed at blocking any local effects stemming from President Donald Trump’s recent attempts to boost the detention and deportation of undocumented immigrants.

Frank Lautenburg Federal District Courthouse Newark

US Judicial Conference Calls for 3 New Seats on NJ Federal Bench

By Charles Toutant |

New Jersey's federal courts would gain three new judgeships if Congress approves a recommendation adopted Tuesday by the U.S. Judicial Conference.

Lack of Redaction for PACER Compromised Litigant's Identity, Lawsuit Says

By Charles Toutant |

A Louisiana law firm is facing a suit in New Jersey federal court by a man who says his identity was stolen after a court document listing his Social Security number was posted on the PACER system without redaction.

Prosecutors Find Refuge in Law School Posts

By Karen Sloan |

What’s a federal prosecutor forced to resign by a new president to do?

NJ Appellate Judge Jack Sabatino

Bail Reform Rules Get Further Clarification From Appeals Court

By David Gialanella |

The Appellate Division has offered up more guidance on New Jersey's fledgling bail rules, including holding that a defendant's juvenile record and sex offender status ought to factor into the decision to hold or release the defendant.

Richard J. Hughes Justice Complex, seat of the New Jersey Supreme Court.

NJ Justices Hear AG Challenge to Subpoena Limitations in Whistleblower Cases

By Michael Booth |

The New Jersey Supreme Court is considering the attorney general's appeal of a ruling that said prosecutors may not issue administrative subpoenas in whistleblower lawsuits after the statutory deadline has passed to either intervene or decline to participate.

Howard J. Bashman

Third Circuit Oral Arguments, in Online Video and in the Courtroom

By Howard J. Bashman |

Two months ago, the Philadelphia-based U.S. Court of Appeals for the Third Circuit became just the second federal appellate court to begin posting video of its oral arguments online. The San Francisco-based Ninth Circuit was the ­trailblazer when it comes to online oral argument video, and that court now streams live on YouTube the oral arguments of nearly all of its cases.

Judge Neil Gorsuch

NJ Attorneys Offer Their Thoughts and Doubts on Questioning Gorsuch

By Michael Booth |

Attorneys in New Jersey have questions for U.S. Supreme Court pick Neil Gorsuch, but they doubt they'll get answers in this week's hearings.

Gov. Chris Christie

No Conflict Found in Dismissal of Christie Misconduct Complaint

By Charles Toutant |

A citizen's complaint accusing Gov. Chris Christie of official misconduct in connection with the Bridgegate scandal appears to have run out of gas after motions to refer the case to a grand jury or appoint a special prosecutor were dismissed.

Domino's Franchise Operator Settles Wage Suit With Delivery Drivers

By Charles Toutant |

An operator of 26 Domino's Pizza franchises has agreed to pay $317,500 to settle a suit claiming it paid delivery drivers less than minimum wage.

Jury Awards $5.05 Million in Hudson County Eminent Domain Case

By — By Charles Toutant |

A Hudson County jury awarded $5.05 million on Feb. 2 in North Hudson Sewerage Authority v. Maxwell Place Condominium Association for permanent and temporary sewer easements across a condominium association's property after the condemning agency offered $567,100.

L to R- Abbe Lowell, Senator Robert Menendez, unidentified woman, outside the Federal Courthouse in Newark, NJ. Robert Menendez has been indicted on bribery charges.

N.J. Senator Menendez Proposes Post-Superstorm Sandy Reforms to National Flood Insurance Program’s Policies and Procedures

By Steven A. Meyerowitz |

U.S. Senator Bob Menendez (D-N.J.), chair of the Sandy Task Force and a senior member of the Senate Committee on Banking, Housing and Urban Affairs, has proposed a series of reforms to the National Flood Insurance Program (“NFIP”) administered by the Federal Emergency Management Agency (“FEMA”) that, if enacted, would affect the terms of flood insurance policies, FEMA’s procedures, and even attorneys’ fees.

Assembly Judiciary Committee Chairman John McKeon

NJ Assembly Committee Approves Bill Banning Confidentiality Agreements in Whistleblower Cases

By Michael Booth |

A committee of New Jersey lawmakers have recommended passage of a bill that would bar public agencies from including confidentiality agreements when settling cases with whistleblowers.

Will 2017 Be the Year of the Retail Bankruptcy?

By Felice R. Yudkin and Jacob S. Frumkin |

A look at issues relating to gift cards, consignment arrangements and "going out of business" sales, which often arise during a retail bankruptcy case.

Total Ban on Internet Use for Sex Offenders Is Nixed

By Charles Toutant |

The state Supreme Court has overturned a blanket ban on internet access as a condition of parole for a convicted sex offender, citing the global computer network's pervasive reach into all aspects of contemporary life.

Sen. Robert Menendez (D-New Jersey) at a Senate Banking Committee hearing addressing the scandal relating to Wells Fargo's opening of fake bank accounts without customer knowledge, on Sept. 20, 2016. Photo: Diego M. Radzinschi/ALM

US Supreme Court Won't Hear Appeal, Clearing Way for Pretrial Litigation in Menendez Case

By Charles Toutant |

The U.S. Supreme Court has declined to immediately take up a petition of U.S. Sen. Robert Menendez, D-New Jersey, claiming that corruption charges against him are pre-empted by the speech or debate clause of the Constitution.

Clarify Frivolous Litigation Rule's Applicability to Appeals

By Law Journal Editorial Board |

The Supreme Court has not explicitly made the frivolous litigation rule applicable to appeals that would be considered frivolous under the same criteria. We ask the Civil Practice Committee to recommend this beneficial and overdue procedural clarification to the court.

Suits Over Fosamax Link to Femur Fractures Get New Life

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has overturned the dismissal of multidistrict litigation over femur fractures suffered by users of Merck's osteoporosis drug Fosamax. The decision gives new life to about 5,000 cases that had been dismissed in federal and state courts, according to plaintiffs' counsel.

Woman Struck by Truck Settles for $5.35 Million in Middlesex County

By By Michael Booth |

In Parikh v. Frock Brothers Trucking, a North Brunswick woman will receive $5.35 million as compensation for injuries she sustained when she was struck by a tractor-trailer.

CAPITOL REPORT

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

Hughes Justice Complex, Trenton, New Jersey.

NJ Courts Toll Statute of Limitations After Snow Closure

Filing deadlines have been tolled after the March 15, 2017, closure.

Fake Dictionary, Dictionary definition of the word Evidence.

Defense Bar: Heed 'Mauti' Ruling

By Law Journal Editorial Board |

A recent Appellate Division ruling does not undercut plea-bargaining, but defense counsel must be careful about what they say and the context in which it is said.

NJSBA Leadership Academy accepting applications

State bar seeks leadership fellows; submissions due April 7

How the NJSBA takes a stand

A look at the NJSBA's legislative process

State Bar Association to hold conference for solo and small-firm attorneys in two locations

State bar solo and small-firm conference slated

Internet Evidence Has Limits

By Law Journal Editorial Board |

A recent Tax Court decision holds that professional standards require an appraiser to "verify information with a party to the transaction to ensure its accuracy and gain insight into the motivation behind each transaction." We agree, and we think that the principle has broader application when the internet has allowed anyone to be his or her own publisher.

Mindful Lawyering

By John J. Van Dyken |

The answer to dealing with the stress of legal practice is within each of us--it is called mindfulness.

Getting Into and Out of a 50-50 Business Relationship

By Stuart L. Pachman |

Tips for dealing with a "corporate divorce."

Noren v. Heartland Payment Sys. Inc.

Rule Requiring Submission of Documents Applies to All Summary Judgment Dispositions

Opening Statement: Setting the Stage

By Jeffrey M. Pollock |

A seasoned practitioner shares his insights on preparing and delivering opening statements at trial.

State v. Robertson

Stays of DWI License Suspensions Subject to Different Standards

Roach v. BM Motoring LLC

Defendants Barred from Compelling Arbitration After Failing to Pay Required Fees

01/17/2017- NJ Supreme Court-

Court's Mind Made Up on the Statute of Limitations—For Now

By Law Journal Editorial Board |

Over the past half-century, the issue of which state's statute of limitation should be applied in a multi-state tort action has repeatedly been changed by our Supreme Court. What the court has now done is restore, in a large measure, the original test.

State v. Joe

Defendant Not Entitled to Jail Credits for Out-of-State Detention Not Solely Related to New Jersey Charges

Economic Loss Doctrine and Multiple Contracting Defendants

By Jonathan P. Holtz |

In the event of multiple contracting defendants, the issue of whether contractual privity is required with each defendant in order to apply the ELD has been subject to different interpretation by New Jersey courts.

Racial Bias Serious Enough to 'Crack' Jury Room Door

By Law Journal Editorial Board |

The U.S. Supreme Court's holding in Pena-Rodriguez v. Colorado unlocks the jury room door only a well-circumscribed crack—a crack justified by the unique place that our jury system plays in our democracy, and the pernicious history of racial bias that we are still struggling to overcome.

NJ Senate to Vote on Immigration Measures

By Michael Booth |

The New Jersey Senate will vote next week on measures meant to counter President Donald Trump's immigration ban.

Blog Roll

A sampling of NJSBA member blog posts

Andrew Napolitano

Fox's Napolitano Could Face Ethics Trouble Over Wiretap Claims

By Michael Booth |

A former New Jersey judge turned Fox News commentator could find himself in some ethical trouble over recent statements about wiretapping and President Trump.

Women Take Charge in Fox Rothschild Changing of the Guard

By Lizzy McLellan |

Fox Rothschild is installing a half-dozen new office managing partners, including in the firm's largest offices, effective April 1.

CAPITOL REPORT

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

175 Exec. House LLC v. Miles

S-RAP Voucher Tenant Cannot Be Evicted for Failure to Pay Additional Rent Charges Under Lease

Fried v. JP Morgan Chase & Co.

Bank's Extension of Private Mortgage Insurance Payments Violated Homeowners Protection Act

NJSBA Board of Trustees welcomes new member

A look at recent action by the NJSBA Board of Trustees

Sullivan v. The Port Authority of New York and New Jersey

Port Authority Not Subject to Suit Under CEPA

State v. Garrison

Evidence Was Admissible Where It Was Probative of Defendant's Course of Conduct of Abuse

What I've Learned from a Quarter Century in Legal Marketing

By Kimberly Rice |

Expert tips for marketing your law firm.

R.G. v. R.G.

Siblings' Dispute Over Parents' Care Did Not Warrant Restraining Order

Suit Against Cosmetics Website Held Futile Without Showing of Harm

By Charles Toutant |

A suit asserting violations of New Jersey's Truth in Consumer Contract, Warranty and Notice Act by cosmetics website LushUSA.com has been dismissed because the plaintiff did not suffer any actual harm, according to the court opinion tossing the case.

New Jersey Gov. Chris Christie

Christie OKs Bill Restricting Use of Auto Shut-Off Devices

By Michael Booth |

The New Jersey governor signed a bill into law Wednesday restricting the use of so-called payment assurance mechanisms on cars and trucks.

WAYNE POSITAN

After Hours

Einhorn Harris Partner Domingo Joins SCAP Board of Directors. State Bar Young Family Lawyers 'Paint' the Town. Seton Hall's Risinger Receives Wigmore Award. Positan Re-elected to ABA House of Delegates.