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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.
Law Day is May 1st -- let's celebrate constitutional democracy
A look at recent action by the NJSBA Board of Trustees
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.
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.
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.
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.
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.
A state ethics committee has dismissed complaints filed against two state legislators and an embattled state judge, Philip Maenza.
Details of the settlement were not disclosed, but attorneys said it would cover David Dao's injuries.
New Leaders of the Bar endeavors to identify attorneys representing the future of the legal profession in New Jersey. Congratulations to the winners.
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.
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.
Revenue jumped 14 percent at Fox Rothschild in 2016, more than matching head count growth as the firm beefed up its lawyer ranks.
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.
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.
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.
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.
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 is home to a number of formidable litigators and litigation practices. Standing out is no easy task. Congratulations to the winners.
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.
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.
Greenberg Traurig represented a Hard Rock International led joint-venture in the purchase of the former Trump Taj Mahal.
Panel says plaintiff understood the contract language and agreed to arbitration when she leased the car.
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.
There are three talc cases in the Top 100 Verdicts of 2016.
State bar member discusses equestrian, doctor and lawyer connection
Students to perform Law Fair and Law Adventure cases
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.
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.
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.
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.
One tiny section of the Uniform Construction Code can become a big problem for a real estate developer facing an unreasonable neighbor.
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.
5 Reasons a Jury Will Have to Decide Whether Emails Settled a Superstorm Sandy Claim Before Insured Brought SuitBy 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.
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.
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.
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.
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.
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.
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.
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.
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.
The two firms claim they are being targeted because the real fraudster is broke and owes millions of dollars.
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.
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.
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.
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.
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.
The Philadelphia judge did not explain his decision, but another lawsuit was tossed in December shortly after the defense started their case.
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.
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.
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.
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.
New Jersey leads the nation in the number of municipalities (13) that have passed local paid sick leave ordinances.
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.
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.
State police will have to pay their own way on New Jersey's roads, the Supreme Court has ruled.
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.
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.
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.
A ruling from the New Jersey Supreme Court has finally brought real estate contracts into the age of email.
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 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?
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.
The governor has written to the U.S. Department of Transportation about plane overbooking rules after a recent incident on a United Airlines flight.
Ruling 2-1, a state appeals court concluded the teacher had not met the standard to collect accidental disability for emotional distress.
The Third Circuit ruled a landlord attempted to physically "intimidate" former tenants in an attempt to collect a debt once they filed for bankruptcy.
Jackson Lewis' workthruIT site serves as a digital tool suite for general counsel, HR and employers for workplace-related issues.
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.
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.
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.
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.
A pair of accomplished attorneys and an award-winning author will be honored this spring for contributions to the profession.
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 Garibaldi to be honored at room dedication on April 27.
This week's report looks at tenure for workers' compensation judges; hopes for ERA ratification; and more.
Defendant drug companies in the Xarelto mass tort want to know how the plaintiffs are funding their lawsuits.
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.
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.
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.
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.
Law firm merger activity remained high in the first quarter of 2017, but New Jersey firms sat out the action.
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.
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.
The bar raised concerns that a failure to reappoint judges once they are eligible for tenure compromises judicial independence.
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.
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.
Superior Court Judge Deborah Gross-Quatrone is facing ethics charges over allegations that include taping a conversation with another judge.
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.
N.J. District Court Refuses to Dismiss Insured’s Superstorm Sandy Suit for Failure to Timely File Proof of LossBy 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.
NJ Supreme Court to Decide If Undisclosed Restaurant Drink Prices Can Be Basis of Class-Action SuitsBy 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—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.
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.
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.
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.
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.
The Patent Trial Appeal Board has become an active venue for adversaries in the life sciences.
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.
While rooted in state privacy law, a right of publicity claim also borrows themes from copyright and trademark law.
The market is poised for a blockbuster year, but uncertainty about the implementation of Trump's policies is chilling deal flow.
An interview with a public education advocate
Fellows sought for 2017-2018 Leadership Academy
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.
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.
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.
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.
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 CircuitsBy 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.