This Week's News

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

SEC Charges NJ Lawyer With Creating, Selling Sham Companies

Charles Toutant | May 13, 2016

A New Jersey lawyer and a California stock promoter have been charged by the U.S. Securities and Exchange Commission with creating a series of shell corporations in order to defraud investors.

Calendar of Events

Upcoming events of interest to NJSBA members

The Importance of Law Day and the 14th Amendment

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

Trustees welcome new member, honor those leaving board

A look at recent action by the NJSBA Board of Trustees

CAPITOL REPORT

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

State bar member discusses equestrian, doctor and lawyer connection

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

Students to perform Law Fair and Law Adventure cases

CAPITOL REPORT

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

'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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Defense Contractor Slapped with Multimillion Dollar Judgment for Age Discrimination

By Elizabeth A. Livingston |

Aging baby boomers and acute economic pressures are just two of the factors that have caused age discrimination complaints to skyrocketed in the recent past.

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.

CAPITOL REPORT

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

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.

Superior Court Judge Stephanie Mitterhoff

Ex-Judge, Colleagues Lose Bid to Dismiss Computer Hacking Suit

By Charles Toutant |

A former Superior Court judge and three colleagues at her present firm have lost their bid to dismiss a former partner's suit accusing them of theft and computer hacking.

Court Says Troopers Can't Get Toll-Free Commute

By Michael Booth |

State police will have to pay their own way on New Jersey's roads, the Supreme Court has ruled.

NY Judge's Suspected Suicide Shines Light on Silent Struggle

By John Council |

Judges are public figures, problem-solvers and make life-or-death decisions—all of which can make it difficult to seek help with depression or other mental health issues.

Justice Sheila Abdus-Salaam appears at a New York state Senate Judiciary committee meeting at the Capitol in Albany, N.Y., on Tuesday, April 30, 2013.   (Photo by Tim Roske)

Abdus-Salaam Praised for Influence, Astute Legal Mind

By Joel Stashenko and Andrew Denney |

Sheila Abdus-Salaam, the judge who was found dead Wednesday in New York City, made a significant impact on the law despite the relatively short period she spent as the first black woman on the state's highest court.

Drugmaker Must Pay Opponents' Fees After Patent Suit Held 'Meritless'

By Charles Toutant |

Roxane Laboratories must pay legal fees and costs for two defendants after filing a patent infringement suit that was "exceptionally meritless," a federal judge in Newark has ruled.

NJ Supreme Court Justice Lee Solomon

Real Estate Lawyers Applaud Supreme Court's Ruling on Email Notice

By Michael Booth |

A ruling from the New Jersey Supreme Court has finally brought real estate contracts into the age of email.

Arthur Greenbaum, of Greenbaum, Rowe, Smith & Davis, who died in April 2017 at age 91.

Real Estate Lawyer Arthur Greenbaum Dies at 91; Oversaw Expansion of Greenbaum Rowe

By Charles Toutant |

Arthur Greenbaum, a leading real estate attorney who helped expand Greenbaum, Rowe, Smith & Davis from a family-run enterprise into a full-service business firm, died Tuesday at age 91.

United Passenger Has 'Every Right to Bring Legal Action'

By Stephanie Forshee |

United Airlines' reputation has taken a bruising since Sunday, when police forcibly removed a passenger from a flight in Chicago that the company initially said was overbooked. But will the airline face legal challenges as a result of the incident?

Orlando Richmond at Butler Snow during talc powder suit

J&J, Backed by Battalion of Lawyers, Opens 5th Talcum Powder Trial

By Amanda Bronstad |

With eight figures potentially on the line, Johnson & Johnson isn't skimping on its defense. Covington & Burling products liability partners Phyllis Jones and Paul Schmidt were on hand in the St. Louis courtroom Tuesday, backing up national coordinating counsel from Butler Snow and Shook, Hardy & Bacon.

Christie Complains to Feds After Forced Passenger Removal on United Airlines

By Michael Booth |

The governor has written to the U.S. Department of Transportation about plane overbooking rules after a recent incident on a United Airlines flight.

Appeals Court Nixes Boost in Disability Benefits for Traumatized Teacher

By Charles Toutant |

Ruling 2-1, a state appeals court concluded the teacher had not met the standard to collect accidental disability for emotional distress.

Emotional Distress Award Upheld in Bankruptcy Case

By P.J. D'Annunzio |

The Third Circuit ruled a landlord attempted to physically "intimidate" former tenants in an attempt to collect a debt once they filed for bankruptcy.

digital tools

Clients Not Ready to 'Talk to a Robot,' but Jackson Lewis Bets on Automating Compliance Tasks

By Ian Lopez |

Jackson Lewis' workthruIT site serves as a digital tool suite for general counsel, HR and employers for workplace-related issues.

Judge Douglas Wolfson

Town Accuses Ex-Judge Wolfson in Conflict Over Affordable Housing Rulings

By Michael Booth |

A former New Jersey judge who issued groundbreaking decisions on the obligations of towns to provide affordable housing for low- and moderate-income residents is being accused of a conflict of interest.

Chief Justice John G. Roberts, Jr., right, administers the Constitutional Oath to judge Neil M. Gorsuch, left, with Louise Gorsuch, judge Gorsuch’s wife, center, holding the Bible, in a private ceremony attended by the Justices of the Supreme Court and members of the Gorsuch family, on April 10, 2017. The oath was administered in the Justices’ Conference Room at the Supreme Court Building.

Gorsuch Sworn In at Supreme Court and White House Ceremonies

By Tony Mauro |

Following a private ceremony at the Supreme Court, Gorsuch took a public oath at the White House, a practice that some frown on because of its partisan hue.

Alcotest 7110 Machine

Special Master Pegged for Alcotest Calibration Dispute

By Charles Toutant |

The special master must determine whether a failure to use the proper thermometer to calibrate Alcotest machines undermined hundreds of drunken driving breath test results.

Judge Philip Maenza

Bar President Criticizes Treatment of Judicial Nominee Maenza

By Michael Booth |

Thomas Prol, president of the New Jersey State Bar Association, has objected to the questioning of Philip Maenza, a Superior Court judge, during a February hearing.

Association bestows springtime honors on three

A pair of accomplished attorneys and an award-winning author will be honored this spring for contributions to the profession.

NJSBF and association celebrate Law Day 2017

From free legal clinics to mock trial programs to poetry and art, the New Jersey State Bar Foundation is celebrating how the 14th Amendment transformed democracy.

Justice Marie Garibaldi to be honored at Law Center room dedication

Justice Garibaldi to be honored at room dedication on April 27.

CAPITOL REPORT

This week's report looks at tenure for workers' compensation judges; hopes for ERA ratification; and more.

Xarelto, a blood thinner drug. HANDOUT.

Xarelto Makers Want Plaintiffs' Litigation Funding Info

By Max Mitchell |

Defendant drug companies in the Xarelto mass tort want to know how the plaintiffs are funding their lawsuits.

U.S. Court of Appeals for the Fifth Circuit.

Externs Can Make a Difference

By Law Journal Editorial Board |

It is heartwarming to learn that one externship may well have affected a Supreme Court decision—and was given a shout-out, of sorts, at the oral argument of that case.

Judge Marjorie Rendell.

Third Circuit Slams Del. River Port's 'Perfunctory' Evaluation of Spurned Bidder

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has affirmed a lower court finding that the Delaware River Port Authority intentionally shut out the lowest bidder on a $17 million bridge-painting project.

Bill Baroni.

Baroni Loses Law License Following Bridgegate Sentencing

By Michael Booth |

The New Jersey Supreme Court has suspended the law license of William Baroni Jr., one of the key figures behind the Bridgegate scandal that ultimately upended Gov. Chris Christie's presidential aspirations.

Reese Arrowsmith, vice president and head of legal operations at Campbell Soup Co.

Campbell Soup Exec Heads New ACC Section

By David Ruiz |

The Association of Corporate Counsel named Reese Arrowsmith the first chair of the organization's budding legal operations group, called ACC Legal Operations. Arrowsmith currently serves as the vice president and head of legal operations at Campbell Soup Co.

Merger Mania Continues, But NJ Firms Stay Quiet

By Megan Tribe and David Gialanella |

Law firm merger activity remained high in the first quarter of 2017, but New Jersey firms sat out the action.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Gorsuch's SCOTUS Vote Could Soon Prove Decisive on Many Cases

By Marcia Coyle and Tony Mauro |

The final round of arguments in the U.S. Supreme Court this month will give soon-to-be Justice Neil Gorsuch opportunities to reveal how he would deal with a range of issues, including government support of religious institutions and requirements for securities and product liability claims.

Firms Earned More on Public Contracts in 2016, Report Says

By Michael Booth |

Last year proved to be profitable for New Jersey law firms with practices fueled by government work, according to data released Thursday by the state Election Law Enforcement Commission.

Thomas Prol

Bar Scolds Christie Over Workers' Comp Judge Reappointments

By Charles Toutant |

The bar raised concerns that a failure to reappoint judges once they are eligible for tenure compromises judicial independence.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 20, 2017.

Welcome to the Fire Hose: What Awaits Gorsuch at the Supreme Court

By Tony Mauro |

Now that he's been confirmed by the Senate, incoming U.S. Supreme Court Justice Neil Gorsuch won’t have much time for celebrating. He’ll need to get to work.

Appellate Division Judge Marie Lihotz

Judge Forgot Ex-Client Who Became Defendant, Aborting Trial Result

By Charles Toutant |

The Appellate Division has ordered a new trial in the case of a criminal defendant who was a former client of the trial judge who convicted him of drug offenses.

NJ Judge Denies Ethics Violations

By Michael Booth |

Superior Court Judge Deborah Gross-Quatrone is facing ethics charges over allegations that include taping a conversation with another judge.

multi-ethnic team

Legal Depts. Ask Firms for Diversity, Make Efforts In-House

By David Ruiz |

Corporate legal departments pushing for greater diversity in outside counsel are also taking steps to improve diversity in-house. Adobe Systems Inc.'s general counsel is among those involved.

Hurricane Sandy relief efforts in Seaside Heights, N.J.

N.J. District Court Refuses to Dismiss Insured’s Superstorm Sandy Suit for Failure to Timely File Proof of Loss

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

A federal district court in New Jersey, in a Superstorm Sandy insurance coverage case, has denied an insurer’s motion for summary judgment on the ground that the insured homeowner had not timely filed a proof of loss as required by his flood insurance policy.

The TGI Friday's in the Taft Hotel in Times Square.

NJ Supreme Court to Decide If Undisclosed Restaurant Drink Prices Can Be Basis of Class-Action Suits

By Michael Booth |

A $9 Mojito or an $8 Margarita. Different prices for a beer served at a restaurant's bar instead of the same beer served at the table. When those price differences are not disclosed on a restaurant's menu, which often don't list drink prices at all, can those nondisclosures be the basis for class-action suits?

Frederick Lacey, circa 1969

Lacey, Storied Prosecutor, Remembered for Taking On Corruption

By David Gialanella |

Frederick Lacey—perhaps best known for prosecuting Newark Mayor Hugh Addonizio, but also a formidable jurist and accomplished private practitioner in New Jersey— died recently at age 96.

Jose Fuentes

Verdict Against State Agency of More Than $100M Is Tossed in Case of Abused Infant

By Charles Toutant |

A New Jersey appeals court has overturned what had been a $166 million jury verdict against the state Division of Youth and Family Services in the case of a child who was severely abused by his father after the agency investigated allegations of abuse.

Former Fox News CEO Roger Ailes

With New Suit, Litany of Harassment Complaints Against Fox News Grows Longer

By Charles Toutant |

Fox News contributor Julie Roginsky filed a sexual harassment and retaliation suit Monday in the New York State Supreme Court against the network, former chairman and CEO Roger Ailes, and current co-president Bill Shine.

Form vs. Function: A Guide to IP Rights in Furniture and Fixtures

By Arianna Christopher Frankl |

Although sometimes complicated and costly, with careful planning, furniture and fixture makers can obtain intellectual property protection for their designs with a combination of copyright, patent and trademark law. With the "Star Athletica" decision, those efforts may just be a bit easier.

Web-Based Publications as Prior Art Under Section 102

By Elizabeth A. O'Brien |

A review of federal court decisions, and strategies for petitioners looking to qualify a reference as prior art, with particular attention to web-based references.

Top 5 PTAB Tips for Big Pharma

By Eldora L. Ellison and Trey Powers |

The Patent Trial Appeal Board has become an active venue for adversaries in the life sciences.

Application vs. Registration in the 3rd Circuit

By Jennifer McLaughlin and Ariel Ronneburger |

While current case law suggests that there is a trend toward requiring a registration for an infringement suit, there are courts within the Third Circuit that have held a pending application will suffice.

How Celebrity Depictions in Video Games May Infringe on the Right of Publicity

By Christine E. Weller |

While rooted in state privacy law, a right of publicity claim also borrows themes from copyright and trademark law.

Will Deal Flow Be an Unexpected Bust in 2017?

By Gina Passarella |

The market is poised for a blockbuster year, but uncertainty about the implementation of Trump's policies is chilling deal flow.

Cross-examination: Reflecting on a legacy of advocacy in education field

An interview with a public education advocate

Deadline this week to submit applications for NJSBA Leadership Academy

Fellows sought for 2017-2018 Leadership Academy

CAPITOL REPORT

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

NJ Supreme Court Justice Lee Solomon

NJ Justices Update Real Estate Contract Cancellation Rules

By Michael Booth |

An attorney may void a real estate contract on behalf of a client by fax or email, the New Jersey Supreme Court ruled Monday, updating a 1983 ruling requiring contracts to be voided by certified mail, telegram or personal delivery.

The White House.

Trump Lawyers' Financial Disclosures Reveal Big Law Salaries, Client Lists

By C. Ryan Barber and Katelyn Polantz |

Want to know what Jones Day's biggest names made last year? How about partners at other major firms? The White House's staff financial disclosures, released over the weekend, offer rare glimpses inside the wallets of some of Washington's most well-known lawyers. We've highlighted details from 12 lawyers' disclosures.

President Donald Trump

Attorneys Must Act Now for LSC

By Law Journal Editorial Board |

This board strongly supports full funding of Legal Services Corp. In our view, the Trump defunding request is cruel and wrong. It should be rejected.

Depressed young businessman wearing formal suit, sitting in the office with a laptop on desk

Ex-Reed Smith Partner's Suicide Trial Highlights Anxiety in Big Law Mergers

By Roy Strom |

Before Stewart Dolin's suicide in 2010, he told his therapist he felt inadequate as a Reed Smith practice leader. It's a feeling therapists say that lawyers, as a group, often struggle with, especially following mergers. But Big Law has a zip-lipped culture when it comes to mental health concerns.

Bruce Rosen, McCusker Anselmi Rosen & Carvelli

Judge Lifts Prior Restraint Order Barring Newspaper's Report on Child Drug Case

By Michael Booth and David Gialanella |

A New Jersey judge has lifted another judge's restraining order barring a local paper from reporting on a purported case of child abuse.

Circuit Split: Third Circuit Rejects Test for Declaratory Judgment Act Jurisdiction Used in Second, Fourth, and Fifth Circuits

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

The U.S. Court of Appeals for the Third Circuit has rejected the “heart of the matter” test for determining whether a district court should hear actions under the Declaratory Judgment Act seeking both declaratory and legal relief – and has rejected the standard used in the Second, Fourth, and Fifth Circuits.