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.

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.

$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.

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.

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.

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.

Foundation debuts workshop to help educators teach the Holocaust

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

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.

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

Foundation debuts workshop to help educators teach the Holocaust

Bar Foundation presents workshop on teaching children about the Holocaust

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

Recent activity of the State Bar Association

CAPITOL REPORT

A look at legislative action of interest to NJSBA members

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Law Doesn't Define Patriotism

By Editorial Board |

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

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.

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.

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.

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.

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.

Members seek leadership roles

NJSBA Nominating Committee to interview candidates Jan. 18-19

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

Human-rights activist Raymond Brown recalls Martin Luther King

Shopping Amazon?

Shop Amazon to support the New Jersey State Bar Foundation

CAPITOL REPORT

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

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.

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.

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.

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.

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.

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.

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.

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.

Gov. Chris Christie

Christie Asks AG to Investigate Prescribing Practices; Urges Lawmakers Not to Legalize Recreational Marijuana in Final State Speech

By Michael Booth |

In his final State-of-the-State speech, Republican N.J. Gov. Christie touted state economic improvements during his terms in office. But he spent most of the time talking about efforts to combat drug addiction, including instructing the AG to investigate prescribing practices and set limits on painkillers, and asking lawmakers not to approve recreational marijuana use.

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

Christie Signs Bills Regulating Firearms Possession for Domestic Abusers; Also Electronic Waste and Bioanalytical Labs

By Michael Booth |

Gov. Chris Christie signed a bill into law Monday that restricts firearms possession for those charged with acts of domestic violence. He also signed bills regulating electronic and other toxic waste and enacted a new law regulating bioanalytical labs.

Report: Firm Leaders Showing More Economic Confidence in 2017

By Nell Gluckman |

Most law firm leaders said they expect demand for their services to grow in 2017, but at a slow pace, according to a survey of 153 firms conducted in October and released Monday by Citi Private Bank’s law firm group.

NJ Transit Dinky Train

Unions Challenge NJ Ban on Train Operators With DUI License Suspensions

By Charles Toutant |

Unions representing New Jersey Transit locomotive engineers have sued Gov. Chris Christie in federal court in an effort to overturn recent legislation barring a person with a suspended driver's license from operating a train.

New NY Regulation Requires Banks to Step Up Monitoring for Money Laundering

By Joel Stashenko |

State regulators have imposed new requirements on banks operating in New York that they say are needed to ensure the institutions are adequately monitoring transactions for possible money laundering.

Cozen O'Connor Adds Immigration Group From Fox

By Lizzy McLellan |

Cozen O'Connor has lured three immigration attorneys from Fox Rothschild to its Miami office, continuing its growth in South Florida and adding a new practice area to the mix.

Another house falling to the foreclosure market

Appraisers Face Crop of Suits From Holder of Foreclosed Mortgages

By Charles Toutant |

A mortgage holder has filed suit against a number of real estate appraisers in the District of New Jersey, claiming they provided inflated property valuations.

Seeking Submissions for Our 'New Partners Yearbook 2017'

By David Gialanella |

In March, the Law Journal will publish a special issue, "New Partners Yearbook 2017," featuring new partners at New Jersey law firms. We will print a short profile of each attorney along with a photograph.

Chief judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit.

Welcoming Garland Back to D.C. Circuit

By Editorial Board |

Perhaps not so quietly, Judge Merrick Garland has resumed hearing cases on the U.S. Court of Appeals for the District of Columbia Circuit.

2016 NJ State of the State Address by Gov. Chris Christie (right), Sen. Stephen Sweeney.

Adoptees' Right to Birth Records

By Editorial Board |

For many years, adoptees in New Jersey have been unable to have access to their birth records and to the names of their birth parents. We commend the Legislature and the governor for bringing New Jersey into line with many other states with respect to this subject.

Revamped Remediation Rule Yields Absurd Result

By Editorial Board |

A recent decision by the Appellate Division highlights unintended consequences in the Department of Environmental Protection's site remediation program and the need to tweak the system to avoid unnecessary costs and delays to the regulated community.

Raceway Park in Englishtown

Court Says NJ Raceway Can Challenge Religious Group's Housing Plan

By Michael Booth |

A state appeals court has ruled that a well-known Old Bridge drag-racing strip can continue to challenge a religious groups attempt to build a residential and worship center next door.

Turned Down for Surgery, Transgender Patient Sues Hospital

By Charles Toutant |

A federal civil rights suit challenges a Catholic hospital's refusal to provide a hysterectomy to a transgender patient as part of his gender transition process.

Uber Sued in Pa. After Driver Allegedly Beat NJ-Bound Passenger

By P.J. D'Annunzio |

An Uber rider claiming he was beaten and left for dead by a driver who didn't want to transport him from Philadelphia to Cherry Hill, New Jersey, has sued the company for assault and negligence.

The Slants.

How a Blog Post Led Archer & Greiner to the U.S. Supreme Court

By Tony Mauro |

In 2011, Ronald Coleman banged out a frustrated entry on his popular trademark blog about an Asian-American rock band, The Slants, that was fighting to have its name accepted as a registered trademark. Coleman would later move to Archer & Greiner, which took the case pro bono and now is set to argue before the U.S. Supreme Court.

Spotlight on New Attorneys

New attorneys can access resources through a new NJSBA portal

Nominations sought for Foundation's Medal of Honor

Nominees sought for NJSBF Medal of Honor by Feb. 24

Lawyers Feeding New Jersey provides nearly 27,000 meals for state's hungry

Over two dozen lawyers donated to the effort, raising $5,364 in contributions

Young lawyers offer insights on salaries and more

Excerpts from the upcoming edition of Dictum, the newsletter of the NJSBA's Young Lawyers Division

CAPITOL REPORT

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

Obama Publishes Piece in Harvard Law Review, a Presidential First

By Karen Sloan |

President Barack Obama has taken to the pages of the Harvard Law Review — which he edited as a student — to defend his record of criminal justice reform.

Reed Gusciora

Paid Family Leave Expansion Proposed by NJ Legislator

By Michael Booth |

Assemblyman Reed Gusciora, D-Mercer, chair of the Assembly Regulatory Reform and Oversight and Federal Relations Committee is drafting legislation that would expand NJ's program, one of only five states to offer the right to paid family leave.

Jon Corzine

Corzine, CFTC Ink $5 Million Deal in MF Global Case

By Scott Flaherty |

Former New Jersey Gov. Jon Corzine has reached a $5 million settlement with the Commodity Futures Trading Commission over his role as CEO of MF Global Holdings Ltd. during the commodities brokerage's 2011 collapse into bankruptcy, the agency announced Thursday.

Ray Lesniak

Campaign or Not, Lesniak Quitting Traditional Practice for Good, He Says

By David Gialanella |

Raymond Lesniak, apparently nearing a final decision on whether he will indeed run for governor, has vowed not to return to the practice of law no matter what happens this year—at least in any capacity other than public advocacy.

Judge Carol Higbee, sits on the Vioxx trial, Atlantic City, New Jersey.

Appellate Judge Higbee, Former Mass Tort Judge in Atlantic County, Dies at 66

By Charles Toutant |

Appellate Division Judge Carol Higbee, perhaps best known for her former assignment presiding over high-stakes pharmaceutical litigation in New Jersey's mass tort program, died Jan. 3 at age 66.

Asians and Hispanics Make Small Diversity Gains in Firms

By Karen Sloan |

The percentage of minority lawyers in U.S. law firms crept up in 2016, but that progress was not across the board.

NJ Supreme Court Chief Justice Stuart Rabner

Breadth of NJ Health Care Anti-Fraud Statute Is Debated in Court

By Michael Booth |

N.J. Supreme Court hears oral arguments in fraud suit brought by Allstate against chiropractor and health care lawyer.

GE Agrees to Pay $9.5M to Settle Technicians' Wage Claims

By Charles Toutant |

General Electric has agreed to a $9.5 million settlement of a wage-and-hour class action by service technicians for the company who alleged they were routinely required to perform certain tasks off the clock.

Dallas Federal Judge Cuts in Half $1 Billion Hip Implant Verdict Against J&J

By John Council |

A Dallas federal judge has slashed a $1.04 billion verdict against Johnson & Johnson nearly in half, a month after a jury punished the company over a hip implant device made by its DePuy Orthopaedics division.

Ronald Janis.

Day Pitney M&A Partner Takes Over as Bank's General Counsel

By David Gialanella |

The recently vacated general counsel post at Valley National Bank has been filled by a New Jersey partner of Day Pitney who for decades has served as lead counsel in the bank's mergers and acquisitions.

Lawyers Assess Impact of NJ Tax, Bail Changes as 2017 Begins

By Michael Booth |

As a gas tax increase, estate tax reductions and new bail procedures took effect on Jan. 1, lawyers assess what they'll mean for businesses and residents.

U.S. District Judge Alvin Hellerstein

RICO Suit Aimed at Lawyers Who Sue Bill Collectors

By Charles Toutant |

Five New Jersey lawyers who represent consumers have been named in a racketeering class action suit accusing them of bringing meritless suits against collection law firms in hopes that the firms will agree to quick settlements.

Plaintiffs Firm Stuck With $1M Tax Bill After Trying to Deduct Private Jet Travel

By Amanda Bronstad |

California plaintiffs firm Engstrom, Lipscomb & Lack owes more than $1 million in federal corporate taxes and penalties relating to business expenses from two personal aircraft, according to a federal appeals court’s ruling this week.

Chief Justice Roberts Praises 'Overlooked' District Judges in Year-End Report

By Tony Mauro |

U.S. Chief Justice John Roberts Jr. on Saturday spotlighted the “crucial role” played by federal district judges, asserting they “deserve tremendous respect” for performing the often thankless tasks of the job.

Legislative Veto Ruling Was Right

By Editorial Board |

A recent Appellate Division decision sheds new light on legislative-executive relations. We commend the Appellate Division's reasoning to our Supreme Court if it reviews the case. Otherwise, the decision provides important guidance for the Legislature and the courts.

New York's Physical Office Rule Needs Supreme Court Review

By Editorial Board |

In 2008 Princeton solo Ekaterina Schoenefeld persuaded a New York federal judge that the requirement of New York Judiciary Law section 470, requiring out-of-state lawyers to maintain a physical office in New York, violates the Equal Protection Clause of the U.S. Constitution. In 2015, a divided panel of the Second Circuit reversed. The U.S. Supreme Court is our last best hope. It should grant Schoenefeld's petition for certiorari.

Preserve Newspaper Legal Notices

By Editorial Board |

At a time when we appreciate freedom of the press more than ever and worry about its survival, it would be bad policy for the Legislature to take the business of publishing legal notices from newspapers and allow municipalities to post notices on their own websites instead. But that is exactly what a bill—fast-tracked with Gov. Christie's support—would have done. Fortunately, after being met with a public outcry, the measure was withdrawn. It should not come back.

Repeal of Tortfeasor's Policy Not a Bar to Injured Party's Claim

By Charles Toutant |

A town's insurance company can seek indemnification from a contractor over damage to its municipal building, even after the contractor's insurer obtained a court order rescinding its policy, the Appellate Division has ruled.

Law Firm Litigation That Quietly Went Away in 2016

By Christine Simmons |

Large firms frequently file suit—or get sued—in all sorts of litigation, such as legal malpractice claims, bill arguments with ex-clients, partnership disputes and claims by ex-employees. While the suits make headlines at the time they are filed, often they are quietly settled or dismissed.

Kirk Cousins of the Washington Redskins, during a game against the Jacksonville Jaguars on September 14, 2014.

NFL Settlement, Facebook Evidence and Masha's Law Top Year's Third Circuit Decisions

By P.J. D'Annunzio |

With the U.S. Supreme Court taking a pass on a challenge to the $1 billion National Football League concussion settlement, the U.S. Court of Appeals for the Third Circuit's ruling upholding the settlement—and possibly its most high-profile decision of the year—was preserved.

New York AG Urges US Coast Guard to Drop Hudson Anchorage Proposal

By Joel Stashenko |

New York Attorney General Eric Schneiderman is asking federal officials to reject the proposed designation of 10 new anchorage sites in the Hudson River between Albany and New York City for petroleum-laden vessels.

NJ Court Fights to Watch in 2017

By Charles Toutant |

From all-natural labeling to a big mess over disputed drug testing, here's a taste of what we'll be following in the new year.

Did African-American History Museum Snub Clarence Thomas?

A recent letter by Sen. R. Ted Cruz, R-Texas, to officials of the Smithsonian Institution has raised the temperature on a simmering controversy over the new National Museum of African American History and Culture’s treatment of U.S. Supreme Court Justice Clarence Thomas.

Court Lacks Jurisdiction Over Indian Pharma Co. With NJ Subsidiary

By David Gialanella |

The Appellate Division, offering some guidance on the "alter ego theory" of jurisdiction, has ruled that an Indian pharmaceutical company cannot be sued in New Jersey Superior Court despite its subsidiary's physical presence in the state.

BAR REPORT January 2, 2017

Nominating Committee Seeks Candidate for Vacant Section/Committee Trustee Spot

The NJSBA Nominating Committee invites members to apply for a vacant seat on the Board of Trustees

Cross-examination: From the ice to the courtroom

A conversation with Tyler A. Sims -- hockey player turned labor-and-employment attorney

NJSBA Newsletter Roundup

Excerpts from newsletters recently published or soon to be published by various sections of the New Jersey State Bar Association

January Calendar of Events

A schedule of meetings and events for the month of January 2017

CAPITOL REPORT

A look at recent legislative action of interest to NJSBA members

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

Montclair University Found Immune From Suit as Arm of State

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has ruled that Montclair State University is an arm of the state of New Jersey, and is therefore immune under the Eleventh Amendment from liability for an employee’s discrimination suit.

Lawyers Behaving Badly 2016: Deposition Edition

By Ross Todd |

Evidently some lawyers and litigants don't understand what it means to be "on the record" during a deposition. Either that or they don't mind being caught saying or doing something untoward, ridiculous or downright horrible.

These Are Some of the Best Laugh Lines at the Supreme Court This Year

By Marcia Coyle |

Laughter in U.S. Supreme Court arguments is usually not of the belly-shaking kind, but more of the quick quip or self-deprecating moment.

Chinese Nationals Charged With Hacking Firms to Steal M&A Info

By Mark Hamblett |

Three Chinese nationals face federal charges for allegedly hacking into two major U.S. law firms in a scheme to trade on information about imminent mergers and acquisitions.

Are US Lawyers a Weak Link in the Fight Against Money Laundering?

By Susan Beck, |

Earlier this month, for the first time in 10 years, an intergovernmental organization called the Financial Action Task Force graded the United States on its efforts to combat money laundering and terrorist financing. The group, which includes government representatives from more than 30 countries, gave the U.S. the lowest possible score in five of the 51 categories it uses to judge countries' efforts.

Sanofi-Aventis at 55 Corporate Drive in Bridgewater, NJ.

Sanofi Sues Rival Over Ad Campaign

By Charles Toutant |

According to lawyers at Ropes & Gray, Novo Nordisk misled doctors and consumers about availability of Sanofi's insulin drugs, Lantus and Toujeo.

U.S. Supreme Court building in Washington, D.C.

Right Result on Insider Trading

By Editorial Board |

In our Dec. 5 editorial, we discussed Salman v. United States, an insider-trading appeal that was argued before the U.S. Supreme Court. We would not have predicted that the ruling would come one day later.

Council on Local Mandates Faces Stiff Test on Bail Reform Query

By Editorial Board |

The New Jersey Association of Counties, representing at least nine counties, has filed a complaint with the Council on Local Mandates. Many of the new criminal justice reform requirements are said to be unfunded mandates. If the council were to so rule, it would undo the entire statutory criminal justice reform initiative.

Handcuffs with gavel on a wood background

Inevitable Backfires Must Not Derail Criminal Justice Reform

By Editorial Board |

New Jersey is about to embark on the most ambitious program of criminal justice reform in our collective memory.