The first installment in a three-part series looking at the groups and entities that make the NJSBA work.
This Week's News
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.
NJSBA President Robert B. Hille went back to school to welcome hundreds of incoming law school students.
The New Jersey State Bar Foundation's new blog, Legally Speaking, addresses questions for the public.
This week's report focuses on the court rule changes coming in September, many of which the NJSBA addressed in the comment process.
In lobbying and litigation, the U.S. Chamber of Commerce and Johnson & Johnson often draw from the same playbook. One major connection is John Beisner, head of mass torts at Skadden Arps.
Two New Jersey law firms will have to battle it out over fees generated in a product liability suit where the client switched firms midstream, a New Jersey appeals court has ruled.
We have watched a remarkable change in the rights of couples in our society over the last several years, but in so doing we should recall that it was only 40 years ago that spouses were still united for purposes of judicial conduct, and a spouse did not then truly have individual rights. Luckily we had judicial leaders who could see the future, and a court that could expeditiously change the rules in response to changing times.
With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
The U.S. Court of Appeals for the Third Circuit has reinstated a suit claiming that exotic dancers at a men's club have been wrongly classified as independent contractors.
Honeywell International faces a suit from a former vice president who said she was hired to increase diversity at the executive level but contends she was hired as window dressing.
A New Jersey man who spent more than 20 years in prison on a double murder conviction before being released for lack of evidence won't be eligible for compensation unless he can actually prove he was innocent, a state appeals court has ruled.
Mylan has agreed to pay $465 million to settle claims that the Pennsylvania-based drugmaker misclassified its EpiPen allergy medication to avoid paying Medicaid rebates.
A small group of tech companies are legally protected, for the most part, in their decisions to kick users off their platforms for privately and publicly espousing white supremacy.
The U.S. Court of Appeals for the Third Circuit has vacated a ruling denying class certification to persons complaining about junk faxes sent allegedly from the financing arm of BMW.
The U.S. Court of Appeals for the Fifth Circuit has slapped the New York Times by reviving a defamation lawsuit filed against it by a Louisiana economics professor and libertarian who sued the newspaper for defamation after he was quoted in an article stating that slavery was "not so bad."
New billing models are about to sweep the industry, according to one law firm leader who says alternative fees helped catapult his firm onto The Am Law 200 just 14 years after he founded it.
Two high-ranking officials in the New Jersey Department of Law and Public Safety are leaving, Attorney General Christopher Porrino has announced.
Larger bond issues but fewer of them—that's the general takeaway from New Jersey's public finance market this year, which again included a significant number of refinancings of existing government debt. The list of active bond counsel included mostly familiar names, though the firms occupying the top two spots last year traded places.
The appeals court overturned an order transferring the entire case to the Northern District of California, finding the move violated the 2013 U.S. Supreme Court ruling in "Atlantic Marine Construction v. U.S. District Court."
A New Jersey appeals court has ruled that a doctor who corrected a colleague's alleged surgical errors should not have been permitted to testify on the standard of care in the resulting medical malpractice case.
The dispute between generic drugmakers Apotex and Teva stemming from a former Teva executive's alleged disclosure of trade secrets to an Apotex CEO while the two were dating is heating up, with the parties now sparring over the speed of discovery.
David McAtee of AT&T opens up about his company's use of ADR and why it (usually) is preferred over going to court.
A report released Monday by the American Bar Association hopes to help the legal profession address addiction and depression by detailing sweeping changes that bar regulators, judges, law firms, law schools and others can make to address what the report says amounts to a crisis in lawyers’ well-being.
For the second time in a month, the judge in a fraudulent-concealment case against BASF and law firm Cahill, Gordon & Reindel is hearing grumbling over his choice of discovery special master.
Alan Alda to discuss communication at NJICLE event
Kenneth Frazier, the chairman and CEO of pharmaceutical giant Merck & Co. and a member of President Donald Trump's American Manufacturing Council, abruptly quit the administration's advisory committee following Trump's response to right-wing violence in Charlottesville, Virginia.
In recent months, the Midwest has seen a spurt of law firm combinations. Smaller firms are joining forces.
An electrical contractor who suffered burns in an explosion at a job site agreed to a $1.325 million settlement in his Middlesex County suit, Young v. Palin Enterprises, on June 19.
A recent unpublished Appellate Division decision, National Loan Acquisitions v. Bridgeton Municipal Port Authority, has important consequences for the credit of New Jersey's municipalities and should therefore, we think, be approved for publication.
The New Jersey Supreme Court recently held that the notice requirements of the Tort Claims Act apply to cross-claims and third party claims, and forged a practical and equitable solution to situations in which a defendant loses the right to seek contribution due to the plaintiff's delay. We think the opinion is not only correct, but also well reasoned and provides excellent guidance.
A New Jersey appeals court has voided Best Buy's mandatory arbitration policy for workplace disputes based on the company's failure to obtain employees' assent to the terms.
A New Jersey appeals court has overturned a counsel fee award to a Montclair resident who successfully challenged a local ordinance allowing for the construction of an assisted-living facility.
NJSBA General Council seeks candidates; petitions due Sept. 13
An Essex County jury has returned a no-cause verdict in a civil suit, clearing Irvington Mayor Tony Vauss on a claim that he sexually assaulted and harassed a city employee. The jury ordered his accuser to pay $7,000 on a counterclaim for defamation.
The banking regulator's chief counsel gave her thoughts on the pilot program at the ABA's annual meeting Thursday.
As Microsoft pushes to move nearly all its outside legal work away from the billable hour, GlaxoSmithKline puts its own alternative fee formula on display.
District Court Erroneously Treated Administrative Agency's Motion to Enforce Subpoena as Nondispositive Rather than Dispositive
Two months after Bernards Township agreed to a $3.25 million settlement of litigation over its denial of a mosque application, the settlement has been challenged in two suits by a conservative religious group.
As part of a small minority of partners of Southeast Asian descent and as Muslims in Big Law, Muhammad Faridi and Adeel Mangi feel a special sense of accomplishment from a victory that allowed the construction of a mosque.
New York has become the latest state to target attorney match service Avvo Inc. for ethical violations.
With football season less than a month away, one former Big Law partner who represented the National Football League’s New York Giants and New York Jets on the construction of MetLife Stadium is getting ready for a new season of her own.
One of Gov. Chris Christie's most persistent critics in the state Legislature is sponsoring a bill that effectively would have barred Christie's apparent hiring of high-profile lawyer Christopher Wray—now the FBI director—without a written retainer agreement.
The Law Journal is seeking suggestions for our second Diverse Attorneys of the Year honors.
A Pennsylvania federal judge has dismissed a nascent class action against vitamin and nutritional supplement chain GNC alleging the company's website violated New Jersey state consumer law.
In a 53-page decision that at times reads like a partnership primer, the Appellate Division has tackled the tricky issue of the monetary value of a lawyer's practice, and in the process upended many aspects of a New Jersey Big Law attorney's divorce judgment.
Securities lawyer Craig Carpenito has emerged as the front-runner for the job of U.S. attorney in the District of New Jersey, according to sources familiar with the search process. Carpenito came under consideration for the job after Geoffrey Berman, a Greenberg Traurig lawyer previously the favorite, became a candidate for the job of U.S. attorney in the Southern District of New York, those sources said.
Steve Lee, the director of the New Jersey Division of Consumer Affairs, is resigning to take a job with Comcast, the nation's largest telecommunications conglomerate.
A federal judicial panel has transferred more than 200 cases to New Jersey involving heartburn medications Nexium and Prilosec just six months after it refused a similar request.
A whistleblower was awarded $9.4 million Tuesday for her role in raising concerns about possible misconduct at the New Jersey-based mortgage lender PHH Corp., which will pay $74.5 million overall to resolve claims the company's loan practices put borrowers and the U.S. government at risk.
The New Jersey Supreme Court on Tuesday overturned a 16-year-old precedent that has been widely used to determine whether a custodial parent can relocate children to another state over the objections of the other parent.
Miguel Alexander Pozo, who recently left Mercedes-Benz USA for Duane Morris, shared some of his lessons from his time in the automotive company's legal department.
New Jersey Gov. Chris Christie on Monday signed legislation permitting victims and witnesses of alleged domestic violence or sexual assault to testify against defendants through closed-circuit television—a possibility that until now existed only for minors.
After plaintiffs said a special master's hourly rate is at the top of the scale for New Jersey, the judge in a fraudulent-concealment case against BASF and law firm Cahill, Gordon & Reindel has replaced the first candidate with someone, a former justice of the New Jersey Supreme Court, who charges less.
Geoffrey Berman, who co-leads the New Jersey office of international law firm Greenberg Traurig, is in consideration to lead the U.S. Attorney's Office in Manhattan, BuzzFeed reported Monday afternoon.
At a time of often bitter and hostile public discord concerning police shootings, our court's ruling was sage, both as a matter of law and public policy.
A settlement in which medical professionals agreed to pay a combined $4.25 million to settle a suit over complications from a toddler's tonsillectomy was approved by an Essex County judge on June 26 in Charles v. Thomas.
Fire districts in New Jersey, which provide most of the state's firefighting services, are subject to the Open Public Records Act, though their member fire companies may not be subject to the same rules, the state Supreme Court ruled on Monday.
NJICLE launches speaker portal
Bar foundation mock trial programs highlighted
The firm has brought on Allen O’Neil, Christine Ryan and Emily Streett as partners in Washington, D.C., from Holland & Knight, where the trio joined the latter three years ago in a mass lateral move from now-defunct boutique Brickfield, Burchette, Ritts & Stone.
An appeals court has ruled that a medical technician presented a prima facie case of pregnancy discrimination with her wrongful termination suit over her refusal to climb a ladder to wash windows after being diagnosed with a high-risk pregnancy.
The U.S. Court of Appeals for the Third Circuit has upheld the conviction of former Bergen County Democratic Committee chairman Joseph Ferriero, who was sentenced to 35 months in jail on bribery and racketeering charges.
Three former boy scouts who claimed they were sexually abused by a scout leader in the 1990s have been cleared to proceed with a civil suit after a Bergen County judge rejected a challenge on statute of limitations grounds.
An application to build two high-rise buildings on the Hoboken waterfront is entitled to automatic approval after the city planning board refused to hold hearings on the plan, a New Jersey appeals court has ruled.
The Appellate Division has reaffirmed trial courts' authority to require a legal malpractice plaintiff to present expert testimony to demonstrate proximate cause.
Nonreligious anti-abortion organizations are not exempt from the Affordable Care Act's mandate that their health insurers cover birth control in employees' insurance plans, a federal appeals court has ruled.
Local regulations intended to crack down on the proliferation of "zombie houses" are facing court challenges in Southern New Jersey.
A state appeals court ruled that officials in the Christie administration could face civil penalties for failing to release documents, requested by a newspaper group under the state's Open Public Records Act, related to the Bridgegate scandal.
Recent Russian cyber actions, such as the restrictive use of VPN technology, may make it more difficult for companies to conduct routine business activities.
The U.S. Supreme Court announced Thursday that electronic filing of case documents will be required beginning on November 13 and virtually all new filings will be available free of cost to the public. The system will not be part of PACER, the longstanding operation used by lower federal courts, which charges for documents by the page.
Insurance companies often prefer to litigate insurance coverage issues in federal courts. There are a number of reasons for this. First, well-founded or not, there is a general perception that the federal bench is more accustomed to addressing the complex legal issues that can sometimes arise in insurance coverage disputes. Second, while insurance coverage litigation is often adjudicated on dispositive motions, where there is a factual dispute to be resolved, the federal courts offer a more diverse jury pool, an important factor where the state court jury pool is perceived as unfriendly to insurers. Finally, litigation in federal court insulates an insurer from any perceived local bias in favor of a local insured.
The New Jersey Supreme Court has agreed to decide whether the Division of Workers' Compensation has jurisdiction over the case of a state resident who was hurt on an out-of-state job site but was at home when he accepted the offer of employment.
The failure of nurse Kaci Hickox to collect any money after being held by state officials for 80 hours in a tent outside a hospital, even after twice testing negative for Ebola, illustrates the difficulties of getting compensated for allegations of excessive quarantine measures.
A New Jersey judge is denying that she violated ethics rules by becoming involved in a friend's child custody case.
Rod Wheeler, a Fox News commentator and private investigator, alleges unpaid Fox News contributor Ed Butowsky and reporter Malia Zimmerman used fake quotations in the now retracted story "because that is the way the president wanted the article."
Attorneys for Chipotle Mexican Grill Inc. on Tuesday said a lawsuit filed against the company in New Jersey represented a “dismissive attitude” toward a court order that halted the contentious Obama-era labor rule that made millions of workers eligible for overtime.
Drugmakers Daiichi Sankyo and Forest Laboratories have agreed to a $300 million settlement in multidistrict litigation by users of hypertension drug Benicar who claimed they developed severe gastrointestinal side effects.
Criminal defendants in New Jersey facing pretrial detention under the state's new bail system do not have an automatic right to confront witnesses at their hearings, the state Supreme Court ruled on Tuesday.
In the wake of a federal appeals court's holding that a single slur uttered in the workplace may establish a hostile work environment claim, attorneys are expecting to see an uptick in lawsuits.
The U.S. Court of Appeals for the Third Circuit has ruled that a lack of trust and confidence is sufficient cause for members of a municipal council to terminate a township solicitor who has not acted illegally or unethically.
New Jersey may soon join a growing number of states recognizing a fiduciary heir's right to obtain control of a decedent's digital assets.
A mortgage lender participating in New Jersey's foreclosure mediation program may not unilaterally modify the terms of a mediated settlement designed to keep the homeowner in his or her home, the state Supreme Court ruled on Monday.
NJ Commission on Professionalism seeks candidates for awards
August state bar magazine focuses on biotechnology and genetics
Upcoming events of interest to NJSBA members
Web Summary, dateline, etc. here
No longer will there be doubt about the requirement that disgorgement actions be brought within the statutory limitations period.
Faced with public pressure regarding perceived abuses in pre-dispute arbitration agreements with consumers, the Dodd-Frank financial reforms of July 2010 included two specific measures intended to address those concerns. First, the act prohibited mandatory pre-dispute arbitration clauses in residential mortgages. Second, it required the Consumer Financial Protection Bureau established by the Act (CFPB) to study pre-dispute arbitration agreements in consumer financial documents subject to the bureau's jurisdiction and, upon completion of the study, to issue regulations restricting or prohibiting the use of such agreements if in the public interest and for the benefit of consumers.
Innovation is not simply a matter of technology. Shutting down competitive models that do not comport with appropriate rules is appropriate, but does not solve the more fundamental problem that spawned these alternative models in the first place.
A suit filed in federal court in New Jersey accuses German luxury carmakers of colluding to sell their cars at inflated prices in the United States.
Milgram served as New Jersey's top lawyer from 2007 until 2010. She has since been championing the use of smart data, analytics and technology to reform the criminal justice system.
More than 2,100 suits by users of the acne drug Accutane who developed Crohn's disease have been reinstated after an appeals court ruled that expert testimony on behalf of plaintiffs was improperly excluded by the trial judge.
As University of Southern California alumni digest the news of ex-medical school dean Carmen Puliafito’s alleged drug-fueled escapades—and the university’s handling of the scandal—USC’s president announced last week that it had tapped Debra Wong Yang, a partner at Gibson, Dunn & Crutcher, to conduct a “thorough” investigation.
Strategist Hugh Simons looks at how firms typically track matter profitability, and what they should be doing instead—looking at margin per partner hour.
July was a busy month for billion-dollar M&A deals, as the European market began to show signs of recovery from a Brexit-induced shock, although the ensuing transactional trauma did not prove to be as devastating as initially feared. The sales of several payment systems companies this month generated key roles for nearly a dozen large firms.
A judge in San Francisco has asked property owners to show why their nuisance and trespass claims against Niantic Inc. belong in federal court.
The U.S. Judicial Panel on Multidistrict Litigation appeared loath to coordinate many of the cases that came up on Thursday, including one involving record requests over the enforcement of President Donald Trump's travel ban.
In a suit over a child's fatal accident, an amusement park operator may not seek indemnification from the charter school that organized the outing, but it can seek a verdict allocating fault to the school, the state Supreme Court has ruled.
How One Company (With Help From Sheppard Mullin) Has Raked in $145 Million from Enforcing Its Employment AgreementsBy Jenna Greene |
Here’s a number to marvel at: $145 million. That’s how much interdealer broker TP ICAP has recovered in the last three years by enforcing its employee agreements in the United States, according to Stephen Goulet, general counsel for the Americas.
Johnson & Johnson's lawyers went on the attack Wednesday in the first California trial over talcum powder, even moving for a mistrial in the middle of opening statements.
A New Jersey appeals court on Tuesday revived a lawsuit alleging that a supermarket and its lawyer had filed anti-competitive sham litigation in an effort to delay development of a shopping complex in Woolwich.
A massive Wells Fargo customer data breach was not the work of a hacker, but of the bank's own lawyer who failed to review an entire set of discovery documents, including information about the bank's wealthy customers, before it was shipped to a litigation adversary.
The new outpost may make Porzio the largest firm to have an office in Ocean City.
A state appeals court has revived more than 300 suits filed against Hoffmann-La Roche by users of the acne drug Accutane who claim the drug caused them to develop inflammatory bowel disease.
Michael McGlamry and M.J. Blakely of Pope McGlamry have been appointed to lead separate coordinated litigation efforts related to hip implant product liability lawsuits, the firm has announced.
Is Big Law going to continue the merger trend?
A cancer patient who lost her hair due to chemotherapy is claiming in a suit that a Motor Vehicle Commission employee repeatedly ordered her to remove her headwrap for her driver's license photo.
A federal judge in Newark has entered judgment for New Jersey in a civil suit brought on behalf of plaintiffs who were caught in traffic jams brought on by the September 2013 George Washington Bridge access lane closures.
Maybe it's because I get jaded easily, but I just can't get myself excited that the legal profession is really getting on the stick about diversity or women.
A suit in which a former patent attorney for French cosmetics giant L'Oréal alleged he was fired for standing up for ethical legal practices was dismissed in its early stages. But now a federal appeals court has reinstated the case, saying the claims "were more than skin-deep."
The firms are eager to be recognized for their efforts, but progress in the industry overall is nothing to celebrate.
Marijuana use in the workplace has become increasingly hazy as more states legalize the drug and employers grapple with how to adjust their policies to the complex jumble of new laws and court decisions.
More than a half year into the increased New Jersey estate tax exemption, and months shy of the tax's outright elimination, the issue seems barely to have registered for lawyers at bulky trusts and estates practices.
The Supreme Court has ordered the state's largest health insurance company to turn over consultant reports and other materials it relied on when establishing its two-tier OMNIA system to hospitals relegated to the second tier. The justices overturned a decision by the Appellate Division that denied the discovery request, rejecting the panel's conclusion that the broad discovery request was not warranted because the challenge to the OMNIA system lacked merit.
The New Jersey State Bar Association is leading a coalition urging lawmakers to shorten the filing period for malpractice claims from six to two years, but the state's principal plaintiffs bar group and others stand opposed.
A culture of work-related drinking persists in many places in Big Law—and that can cause problems in a profession that is especially prone to heavy drinking.
Friday's order brings tally awarded to the 22-lawyer plaintiffs' steering committee led by Elizabeth Cabraser of San Francisco's Lieff Cabraser Heimann Bernstein to nearly $350 million.
Christine Smith, a graduate of the state bar's Leadership Academy, has been appointed to the bench
NJSBA member Steven C. Schechter discusses the business of music
State bar trustees take action in July meeting
A report on recent action in Trenton of interest to NJSBA members
Despite regulating spam emails, the federal CAN-SPAM Act may do little to prevent phishing spam from reaching your inbox.
Same-sex couples registered under New Jersey's Domestic Partnership Act are not entitled to the marital deduction for purposes of calculating the New Jersey estate tax due at the death of the first partner, according to a recent, published opinion out of the Appellate Division.
A client's disclosure of unfavorable or potentially damaging information to his attorney in a confidential setting does not automatically prevent the disclosure of that information.
In many cases, the financial minutia of the dissolving marriage may be examined in the form of a "lifestyle analysis," but is it really necessary, and does the cost justify the benefit?
In many cases, the application of the 16 statutory factors regarding equitable distribution will result in a disproportionate division of the assets to achieve equity in light of the entire circumstances.
Fish & Richardson, which issued a statement in support of transgender lawyer DJ Healey of Houston, helped the IP litigator plan how to inform co-workers and clients.