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Akin Gump Strauss Hauer & Feld offices in Washington, D.C. November 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Akin Gump Partner's Arrest Highlights Hiring Risks for Firms

By Scott Flaherty |

Federal prosecutors have accused an Akin Gump Strauss Hauer & Feld partner—and a government lawyer himself until last year—of hawking a copy of a nonpublic whistleblower complaint to a company facing a False Claims Act lawsuit.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

Ninth Circuit, Asserting Its Role, Keeps Nationwide Block on Travel Ban in Place

By Ross Todd |

If there's a way to respond to a president who has taken aim at the federal judiciary, it's to speak with one voice. That's just what the Ninth Circuit did on Thursday with its per curiam opinion that struck back at the notion that a president's actions are unreviewable.

Richard Clifton, Michelle Friedland, and William Canby.

In Travel Ban Appeal, Judges Don't Accept 'We’re in a Rush' Excuse

By Scott Graham |

Lawyers prepared for Tuesday's Ninth Circuit arguments under extreme time pressure. But the judges wouldn't cut them any breaks.

Richard Clifton, Michelle Friedland, and William Canby.

What the Ninth Circuit Is Saying About Trump Travel Ban

By Ross Todd |

It was Judge Michelle Friedland, the most junior judge on the panel, who opened the hearing and had the first pointed question for the lawyer representing the Trump administration.

ABA Rejects Stricter Bar-Pass Rule for Law Schools

By Karen Sloan and Celia Ampel |

A coalition of law deans and diversity advocates mounted a fourth-quarter campaign against the proposal.

Crisis illustration

Citi Report: Growth Slowed in 2016

By Gretta Rusanow |

Last year was a better one than 2015 for the Am Law 50, and especially for the most profitable firms. The same can't be said for the rest of the industry.

U.S. Department of Justice building in Washington, D.C.

Whistleblower Lawyers Fret Over Leaks After Akin Gump Partner’s Arrest

By Ben Hancock |

Whistleblower lawyers who worked with Jeffrey Wertkin while he was at the Department of Justice said his role was pivotal in their False Claims Act litigation.

Vizio Settlement Highlights FTC Strategy for Consumer Internet of Things Privacy, Security

By Ricci Dipshan |

The action against the smart TV manufacturer's surreptitious data collection demonstrates legal challenges posed by internet of things devices.

Mary Jo White.

Mary Jo White Takes Leadership Role at Debevoise as SEC Enters New Era

By Christine Simmons |

Debevoise & Plimpton has created a new leadership position for Mary Jo White, who returned to the firm Wednesday after chairing the Securities and Exchange Commission for nearly four years under the Obama administration.

Scalia's chair and the bench were draped in black after his death on Feb. 13.

5 Ways Scalia’s Death Changed the Supreme Court

By Tony Mauro |

It's been a year since the larger-than-life justice died unexpectedly, and in many ways, according to lawyers, the court feels like a different place.

Donald Trump.

Cleary Gottlieb Publishes Trump 'Social Media Attack' Survival Guide

By C. Ryan Barber |

Since his election, President Donald Trump has not let go of his personal Twitter account—or his penchant for lashing out against companies on social media. That practice, unprecedented for a president in the internet age, has put companies on edge. And law firms are being called on to help corporate executives prepare for the fallout from drawing Trump's ire on Twitter. Cleary Gottlieb employed an acronym to describe the president's conduct: "SMA," for "social media attack."

FILE - In this June 5, 2013 file photo rescue personnel search the scene of a building collapse in downtown Philadelphia. The first wrongful-death lawsuit over the building collapse has been filed Tuesday, Sept. 3, 2013 by the family of an art school graduate killed inside a Salvation Army store. The June collapse killed 24-year-old Mary Lea Simpson of Haverford and five others. (AP Photo/Jacqueline Larma, File)

Salvation Army Building Collapse Case Settles for $227M, a Record Sum, Attorneys Say

By Max Mitchell |

Parties in the Salvation Army building collapse civil case have settled the matter for $227 million, an amount plaintiffs attorneys say is the largest personal injury settlement out of a Pennsylvania state court.

FILE - In this June 5, 2013 file photo rescue personnel search the scene of a building collapse in downtown Philadelphia. The first wrongful-death lawsuit over the building collapse has been filed Tuesday, Sept. 3, 2013 by the family of an art school graduate killed inside a Salvation Army store. The June collapse killed 24-year-old Mary Lea Simpson of Haverford and five others. (AP Photo/Jacqueline Larma, File)

Salvation Army Building Collapse Case Settles for $227M, a Record Sum, Attorneys Say

By Max Mitchell |

Parties in the Salvation Army building collapse civil case have settled the matter for $227 million, an amount plaintiffs attorneys say is the largest personal injury settlement out of a Pennsylvania state court.

FILE - In this June 5, 2013 file photo rescue personnel search the scene of a building collapse in downtown Philadelphia. The first wrongful-death lawsuit over the building collapse has been filed Tuesday, Sept. 3, 2013 by the family of an art school graduate killed inside a Salvation Army store. The June collapse killed 24-year-old Mary Lea Simpson of Haverford and five others. (AP Photo/Jacqueline Larma, File)

Salvation Army Building Collapse Case Settles for $227M, a Record Sum, Attorneys Say

By Max Mitchell |

Parties in the Salvation Army building collapse civil case have settled the matter for $227 million, an amount plaintiffs attorneys say is the largest personal injury settlement out of a Pennsylvania state court.

Joanna Horsnail

Familiar With Life's Hurdles, Big Law Partner Seeks Partnership Track Reform

By Roy Strom |

Growing up in suburban Denver, Joanna Horsnail lived what she called a charmed life in America's solid middle class. Then she joined Mayer Brown, and life started punching back. Hard.

Tim Ryan, Eckert Seamans' Longtime CEO, Abruptly Announces Resignation

By Zack Needles |

Timothy P. Ryan, who has led Pittsburgh-based Eckert Seamans Cherin & Mellott for 12 years, informed the firm Monday that he will step down as chief executive officer, effective March 1.

Laura Posner, left, and Linda Singer

At Cohen Millstein, a Reshuffling of the Partnership Ranks

By Scott Flaherty |

Cohen Milstein Sellers & Toll, one of the nation's top plaintiffs firms, made a rare lateral hire this week by bringing on New Jersey's former top securities enforcer, Laura Posner, as a partner in New York. But Cohen Milstein also lost partners Linda Singer and Mimi Liu to rival plaintiffs firm Motley Rice.

Nicholas Scutari

NJ Senate Panel OKs 2 Controversial Superior Court Picks

By Michael Booth |

The New Jersey Senate Judiciary Committee on Monday recommended tenure for two controversial Superior Court judges, both of whom were under fire because of the way they treated litigants during their initial seven-year terms.

Ethics Rule Has Lit Funders Treading Carefully in Class Actions

By Ben Hancock |

Some industry players are steering clear of class actions because of a ban on attorneys sharing fees with nonlawyers. Others are willing to invest but structure their deals to avoid the rule.

Marie Lihotz

Judges Order Emancipation Hearing for NJ Woman Seeking College Funds From Parents

By Michael Booth |

In a case that has received national attention, a New Jersey woman who is seeking to have her estranged and divorced parents pay for her college education will have to show that she remains unemancipated if she is to have her parents cover those costs, a state appeals court ruled on Friday.

Amid Visa Uncertainty, NY and NJ Immigration Lawyers Say Clients Getting Jittery

By Michael Booth |

Lawyers representing corporations and their clients are fretting over possible changes to immigration rules under President Donald Trump.

$5M Case Illustrates Woes of Fee-Sharing Agreement Gone Bad

By Charles Toutant |

A fee-sharing dispute in a $5 million personal injury case could serve as a template and cautionary tale about what can go wrong when lawyers fail to attend to the details when entering into fee-splitting agreements.

Third Circuit Finds Ex-Employees Bound by Web-Based Noncompete Clause

By Charles Toutant |

Employees of payroll processor ADP who clicked a box on a company website after reading terms of the company's stock award program are bound by those terms, which include a noncompete clause, the U.S. Court of Appeals for the Third Circuit ruled Tuesday.

Feds Propose Rule to Stabilize Marketplaces During ACA Repeal

By Kristen Rasmussen |

Federal health officials released a proposed rule on Wednesday that would significantly shorten the amount of time individuals would have to enroll in health insurance plans in 2018. It is an attempt to incentivize insurers to stay in the marketplace while the Trump administration dismantles the Affordable Care Act.

Woman Injured During Taping of 'Who Wants to Be a Millionaire' Sues ABC

By ROBERT STORACE |

The woman was seriously injured when she tripped over television cables while being escorted to her seat.

Teen Injured in Auto Accident Awarded $4.1 Million Verdict in Bergen County

By Staff Reports |

In Kim v. Kim, a Bergen County jury awarded $4.1 million on Dec. 19 to a teenager who brought a claim against her father over injuries she suffered in a motor vehicle crash.

AG Alleges Scam of Victims of 9/11, NFL Concussions

New York Attorney General Eric Schneiderman and the federal Consumer Financial Protection Bureau allege New Jersey-based RD Legal Funding and its founder Roni Dersovitz lured sick 9/11 responders and former NFL players with brain injuries into costly advances on their settlements, charging interest rates as high as 250 percent.

Susan Reisner

Judges Say Broad Discovery Required Under New Bail Rules

By Michael Booth |

Prosecutors must provide defendants with extensive discovery if they are seeking to have those defendants held without bail before trial under New Jersey's new bail reform system, a state appeals court ruled on Wednesday.

William Donio.

NJ Judges Affirm Dismissal of Defamation Claims Against Schools' Attorney

By Michael Booth |

A New Jersey appeals court has ruled that the father of two public school students cannot sue a board of education attorney who told a newspaper about a child-welfare investigation into the father, but failed to disclose that the investigation was resolved in the father's favor.

McCarter Revenue Up 1.7 Percent, PPP Jumps 11.9 Percent

By David Gialanella |

Class Action Against Wyndham Hotels Over Cost Disclosure Survives

By Max Mitchell |

A federal judge has rejected efforts by international hotel chain Wyndham Hotels and Resorts to throw out a proposed class action lawsuit against it over claims that its website didn't tell customers the full cost of their reservations before booking.

Judge Marianne Espinosa of the Appellate Division of the New Jersey Superior Court.

Court Remands $2M Fee Award, Tackles Jury Waiver Language

By David Gialanella |

In a decision that sheds some light on the specificity of language required for waivers contained in employment contracts, a New Jersey appeals court has reversed an award of $2.06 million in attorney fees to Heartland Payment Systems Inc., though it appears the company will recover fees in some form.

Lowenstein Revenue Grows 1.8 Percent; PPP Inches Up 1 Percent

By David Gialanella |

Lowenstein Sandler saw incremental increases in gross revenue and average equity partner compensation in 2016, even as attorney head count stayed essentially flat.

2016 N.J. State of the State Address by Gov. Chris Christie.

NJ Enacts Legislation Regulating Ride-Share Industry

By Michael Booth |

New Jersey Gov. Chris Christie has signed legislation regulating the ride-sharing industry in the state.

Address Family Court Delays

By Editorial Board |

It cannot be that cases that mediators or arbitrators find resolvable in a short time should be dragging on in the courts as the seasons change.

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

Employer's Use of Rejected Birth Name Doesn't Make Discrimination Claim

By Max Mitchell |

An employer's making out a paycheck to a worker under his birth name, rather than a new name he assumed to emphasize his national origin, is not a discriminatory act, a federal judge has ruled in dismissing a case where the plaintiff sought nearly $3 million in compensation.

NJ State Senator Loretta Weinberg

NJ Lawmakers Move on Bills Opposing Trump Immigration Policies

By Michael Booth |

Democrats who control the New Jersey Legislature are sponsoring measures condemning President Donald Trump's ban on immigration for persons from certain Middle Eastern countries, The proposed measures would also bar state and local law enforcement, along with Port Authority of New York and New Jersey police, from cooperating with Immigration and Customs Enforcement.

New Jersey Attorney General Christopher Porrino

Civil Rights Division Brings Wage Equity Suit Against Hotel Operator

By Charles Toutant |

New Jersey's Division on Civil Rights has filed a suit accusing the operator of a Hilton-branded hotel in Bergen County of paying women employees less than men who have the same job duties.

Stryker V40 femoral head

Lawyers Seek Multicounty Litigation in Medical Device Claims Against Stryker

By Charles Toutant |

Plaintiffs lawyers are seeking multicounty litigation status in New Jersey courts for the Stryker LFIT Anatomic Cobalt Chromium V40 Femoral Head made by Styker Orthopedics. The application, which was made public on Wednesday, follows a bid concerning the V40 Jan. 13 for federal multidistrict litigation status at the Judicial Panel on Multidistrict Litigation.

Hospital Report Privileged Even If Errors Withheld From Regulators

By Charles Toutant |

The ruling from the Appellate Division overturned the trial court's decision that directed the report to be turned over to the patient, and found that the incident should have been reported to the state.

Stanley Chesler

Emcure, Teva Generics Blocked as Appeal Looms

By Tom McParland |

A New Jersey federal judge on Tuesday blocked Emcure Pharmaceuticals and Teva Pharmaceuticals from proceeding with generic versions of Sunovion Pharmaceuticals' bipolar disorder drug Latuda after the parties agreed to enter a final judgment that allows the defendants to appeal a key claims construction ruling.

Libel Suit Against Boss-Rating Blog Headed to High Court

By David Gialanella |

The New Jersey Supreme Court has agreed to hear a case that has a significant bearing on media law in the internet age.

Libel Suit Against Boss-Rating Blog Headed to High Court

By David Gialanella |

The New Jersey Supreme Court has agreed to hear a case that has a significant bearing on media law in the internet age.

The New Jersey Statehouse in Trenton, New Jersey

NJ Mandates Council Dismisses Counties' Bail Reform Funding Complaint

By Michael Booth |

The New Jersey Council on Local Mandates has dismissed a complaint filed by New Jersey's county governments that they are being illegally forced to pay for part of the state's nascent bail-reform system.

The New Jersey Statehouse in Trenton, New Jersey

NJ Mandates Council Dismisses Counties' Bail Reform Funding Complaint

By Michael Booth |

The New Jersey Council on Local Mandates has dismissed a complaint filed by New Jersey's county governments that they are being illegally forced to pay for part of the state's nascent bail-reform system.

The New Jersey Statehouse in Trenton, New Jersey

NJ Mandates Council Dismisses Counties' Bail Reform Funding Complaint

By Michael Booth |

The New Jersey Council on Local Mandates has dismissed a complaint filed by New Jersey's county governments that they are being illegally forced to pay for part of the state's nascent bail-reform system.

The New Jersey Statehouse in Trenton, New Jersey

NJ Mandates Council Dismisses Counties' Bail Reform Funding Complaint

By Michael Booth |

The New Jersey Council on Local Mandates has dismissed a complaint filed by New Jersey's county governments that they are being illegally forced to pay for part of the state's nascent bail-reform system.

Media outside the United States Court of Appeal for the Ninth Circuit.

Plenary Power Must Not Sanction Religious Exclusion

By Editorial Board |

We hope and trust that when put to the test, the plenary power of the United States to control immigration will not be extended to the exclusion or special scrutiny of individuals on the ground of religious belief.

New Jersey Gov. Chris Christie

Christie Signs Drug Addiction Legislation

By Michael Booth |

Gov. Chris Christie has signed into law a bill that targets problems with opioid addiction in New Jersey.

N.J. Div. of Child Prot. and Permanency v. V.E.

Party Challenging Established Finding of Child Abuse or Neglect Entitled to Administrative Hearing

Crepy v. Reckitt Benckiser LLC

Motion to Transfer Venue Granted in Wrongful Termination Case

Silence on Fees in High-Low Forecloses Recovery, Court Rules

By David Gialanella |

A medical malpractice plaintiff, who took the apparently rare step of seeking an attorney fee award under the offer-of-judgment rule after entering a high-low settlement, has failed to recover those fees thanks to an appeals court's holding that the settlement's silence on the issue was fatal.

The Evolution of NJDEP Regulation and the No Further Action Letter

By William J. Beneduce |

Since 2012, NJDEP regulation of site remediation has evolved and arguably has expanded.

Michael Kwasnik

NJ Attorney, Father Face Charges of Stealing Client Funds

By Michael Booth |

Attorney Michael Kwasnik and his father have been indicted over a $13 million Ponzi scheme.

Givaudan Fragrances Corp v. Aetna Cas. & Surety Co.

Insurers Could Not Enforce Anti-Assignment Clause in Policy Against a Post-Loss Claim Assignment

'Petersburg Regency': A Case for Structured Dismissals That Is Stronger Than 'Jevic'

By Warren J. Martin Jr. and Rachel A. Parisi |

A broad reversal by the Supreme Court of the Jevic decision might mean the end of efficient structured dismissals that do not involve class skipping, such as the one accomplished by the settling creditors in Petersburg Regency.

I am Your Sword and Your Shield

By Marc Garfinkle |

This month's column is about a lawyer's imperative to race into the breach to defend the Constitution. Lawyers have a sacred obligation to defend the Union from tyranny.

Singh v. Uber Techs. Inc.

Uber Arbitration Clause Held Valid and Enforceable Headnote

Law Journal Seeking 'GC Impact Award' Nominees

By David Gialanella |

As part of its professional excellence recognitions, the Law Journal invites nominees for General Counsel Impact Awards.

In The Matter of Application of Twp. of S. Brunswick

Refusal to Develop Fair Share Housing Plan in Good Faith Resulted in Loss of Immunity

NJSBA president stands up for profession and public in testimony

NJSBA president testifies on proposed changes to ethics rules

CAPITOL REPORT

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

Attorneys who volunteer to coach mock trial teams benefit as much as students

Mock trial first-time attorney coaches benefit as much as students

Horizon Blue Cross and Blue Shield building, Newark, NJ

State's Largest Health Care Carrier Pays $1 Million to Settle Data Theft Claims

By Michael Booth |

New Jersey's largest health insurance carrier has agreed to pay more than $1 million over claims it failed to protect the private data of more than half a million policyholders.

NJ Supreme Court Takes Us Back in Time on Tort Statute of Limitations

By Michelle M. Bufano and Rachel B. Sherman |

A recent New Jersey Supreme Court decision has changed the rules of the game with respect to statute of limitations and choice of law for tort actions.

Filing Deadlines Tolled After Snow Closure

With Thursday's snowstorm closing the courts and court offices, filing deadlines were ordered tolled by the New Jersey Supreme Court.

In the Matter of Registrant A.D., J.B., AND C.M.

Intervening "Offense" Barring Termination of Sex Offender Registration Obligation Not Limited to Sex Offenses

New Jersey State Bar Foundation solicits candidates for trustee board

State bar foundation seeks board nominations

Data Breach Class Action Plaintiffs Receive Article III Standing

By Natalie Garcia and Charles W. Mondora |

Third Circuit finds alleged Fair Credit Reporting Act violation sufficient to confer Article III standing to data breach class action plaintiffs.

Lender Filing Foreclosure Complaint Does Not Trigger Statute of Limitations

By Karen Wilson-Robinson and Joy Harmon Sperling |

There has been an uptick in the use of the statute of limitations as a defense in residential foreclosure actions, but lenders can rest assured that, for now, the longstanding triggers for commencement of a statute of limitations remain the same in New Jersey.

Brugaletta v. Garcia

Hospital's Privilege for Self-Critical Analysis Documents Not Lost for Failure to Report Patient's Adverse Event

State v. Robinson

State Required to Turn Over All Evidence Relied Upon in Application for Pretrial Detention

Editorial on Revamped Remediation Rule Got It Wrong

By John Oberer |

The editorial, "Revamped Remediation Rule Yields Absurd Result" misreads the impact of a recent appellate decision.

State v. Bacome

Court Clarifies Standard Permitting Removal of Passenger from Car

Bar Associations Strongly Decry Trump Immigration Orders

Affinity bar associations across this state have come together to declare "that something is wrong" and we "are not afraid to speak up."

Noren v. Heartland Payments Sys. Inc.

Jury Waiver in Employment Contract Not Applicable to CEPA Claim

U.S. District Judge James Robart of the Western District of Washington

Stop Disparaging Judges

By Editorial Board |

Coming from the president, such statements are reprehensible and must be condemned in the strongest terms by all who subscribe to the principles of separation of powers and the independence of the judiciary—two of the most important bedrocks of our system of government. We do so here.

Court Rightly Sent Clear Message in Latest Mt. Laurel Ruling

By Editorial Board |

The court stood by precedent, and stated loudly and clearly that the new justices would not go back on solid, established state constitutional obligations. We applaud the court's steady adherence to our state constitution.

Kean Fed'n of Teachers v. Morell

Board Violated OPMA By Failing to Send Rice Notice to Employees

Newsletter Roundup

Excerpts from recent NJSBA newsletters

Newsletter Roundup

Excerpts from recent NJSBA newsletters

In the Matter of Application of State of New Jersey for Commc'n Data Warrants to Obtain Contents of Stored Commc'n from Twitter, Inc.

Audio Portion of Stored Data Was Not "Oral Communication" Requiring Wiretap Order and Could Be Acquired by CDW

May it please the court

A primer on the state bar's amicus program

May it please the court

A primer on the state bar's amicus program

CAPITOL REPORT

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

Three Plaintiffs to Recover $2.95M in Somerset County Automobile Accident

Three people injured when their car collided with another will share $2.95 million as compensation for their injuries in a settlement reached on Feb. 1 in Moretta v. Brody.

CAPITOL REPORT

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

CAPITOL REPORT

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

New trustee sworn in

A look at recent action by the NJSBA Board of Trustees

New trustee sworn in

A look at recent action by the NJSBA Board of Trustees

New trustee sworn in

A look at recent action by the NJSBA Board of Trustees

YLD seeks nominations for annual awards

Feb. 24 is deadline to nominate young attorneys for awards

NJSBA RECEIVES WOMEN’S POLITICAL CAUCUS AWARD :From left to right, Lisa Chapland (WPCNJ), Bob Hille (NJSBA president-elect), Tom Prol (NJSBA president), Kim Yonta (NJSBA treasurer), Jeralyn Lawrence (NJSBA trustee) and Sharon Balsamo (WPCNJ).

After Hours

NJSBA President Prol Accepts Social Justice Award from Women's Political Caucus of NJ. Hill Wallack's Bhattacharya Appointed Trustee of Lawyers' Fund for Client Protection. Hudson County Bar Offers Scholarships.

Clarity Needed on 'Spokeo' Class Action Standing

By Editorial Board |

Efforts to draw a line, and ensure that Fair Credit Report Act class actions focus on harm to the plaintiffs, are playing out in two cases pending in New Jersey.

Allow Citation to Unpublished Opinions

By Editorial Board |

It is time for the court rules to catch up with the practice and technology concerning the use of unpublished appellate opinions.

Suits & Deals: Garbage Truck Crash Into Parked SUV Leads to $2.23M Deal in Monmouth

A Howell Township woman has received $2.23 million as compensation for injuries she received when her vehicle was struck by a garbage-collection truck.