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New Jersey
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February 15, 2025
Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.
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February 14, 2025
Bed Bath & Beyond To Pay $1.95M To 2,100 For ERISA Class
Bed Bath & Beyond will pay $1.95 million to settle a proposed class action by 2,100 employees who claimed its 401(k) committee mismanaged their retirement savings plan amid growing financial problems before terminating it altogether after filing for bankruptcy, according to a preliminary approval motion Friday in New Jersey federal court.
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February 14, 2025
NJ Appeals Court Confirms Officials' Votes Were Conflicted
A New Jersey state appeals court on Friday ruled a trial court was right to find local officials were in conflict when they voted to terminate an attorney because the trio had defamed him during their campaigns.
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
Pashman Stein Gets Arbitration Award Against Atty Confirmed
Pashman Stein Walder Hayden PC on Friday won confirmation for an $88,000 award against an intellectual property attorney and former client it sued over unpaid legal fees in New Jersey state court.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
Dem AGs Urge Companies To Keep DEI Programs In Place
A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.
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February 13, 2025
Profs Back Hotel Guests In 3rd Circ. Algorithmic Pricing Case
A group of academics has joined antimonopoly groups to support hotel guests accusing several Atlantic City casino hotels of using shared software to fix room rates in their Third Circuit fight to revive their suit.
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February 13, 2025
ADP 401(k) Participants Win Cert. For 50K ERISA Class
More than 50,000 ADP 401(k) plan participants scored class certification Thursday in their lawsuit accusing the company of retaining poorly performing investments and overcharging them for recordkeeping fees, after a New Jersey federal judge found their claims are typical since they stem from the same alleged fiduciary duty breach by ADP.
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February 13, 2025
Merck Investor Sues Over Gardasil China Market Projections
Pharmaceutical giant Merck & Co. Inc. has been hit with a proposed shareholder class action alleging it overstated global demand for its human papillomavirus vaccine Gardasil, damaging investors when it revealed earlier this month it would not meet its revenue projections for the vaccine and paused shipments to China.
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February 13, 2025
Menendez Files Notice Of Appeal Of Corruption Convictions
Former U.S. Sen. Robert Menendez filed a notice of appeal Thursday at the Second Circuit, formalizing his earlier pledge to challenge his convictions on bribery and corruption charges.
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February 13, 2025
Lowenstein Sandler Accuses Dispensary Of 'Bad Faith' Move
Lowenstein Sandler LLP has accused a cannabis dispensary it is suing for unpaid legal fees of effectively asking a New Jersey Superior Court judge to overturn another judge's partial denial of the dispensary's motion to dismiss the case.
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February 13, 2025
Former 3rd Circ. Judge Jordan Joins Richards Layton
Former Third Circuit Judge Kent A. Jordan is bringing the knowledge he gained during his more than two decades on the federal bench to help bolster Delaware firm Richards Layton & Finger PA's litigation department and help clients resolve disputes.
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February 13, 2025
4th Judge Rejects Trump's Take On Birthright Citizenship
A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.
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February 13, 2025
Amtrak Worker Admits Role In $11M Healthcare Fraud
An Amtrak employee has pled guilty in Newark federal court in New Jersey to conspiracy to commit healthcare fraud as part of a scheme that cost Amtrak $11 million, acting U.S. Attorney Vikas Khanna announced.
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February 12, 2025
Bausch Health Beats Suit Over 'Faking' Financial Stability
Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.
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February 12, 2025
3rd Circ. Says Parents Can't Get Coverage In Gun Case
A couple whose son was found guilty of two homicides is not entitled to coverage from two homeowners insurers for a civil suit filed by one victim's mother, the Third Circuit affirmed, finding the civil case accused the parents of intentionally concealing the firearm their son allegedly used.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
Chester, Pa., Can Probe Water Utility's Assets In Ch. 9
A Pennsylvania bankruptcy judge gave the ailing city of Chester the green light Wednesday to probe a water utility about its assets, but stopped short of allowing the city under Chapter 9 protection to share the information or allowing an auditor to visit the utility's property.
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February 12, 2025
Treasury Chief Exempt From Block On DOGE's System Access
A New York federal judge clarified that an order blocking Elon Musk and members of his Department of Government Efficiency team from accessing U.S. Treasury Department payment systems does not apply to Treasury Secretary Scott Bessent.
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February 12, 2025
Joann To Close Over 500 US Stores In Second Ch. 11
Joann Inc., a fabrics and crafts retailer that reentered bankruptcy in January, asked a Delaware bankruptcy judge Wednesday for permission to close more than 500 underperforming stores throughout the country that the company said potential buyers of the business aren't interested in taking on.
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February 12, 2025
Ropes & Gray To Review Seton Hall Sex Abuse Investigation
Ropes & Gray LLP will lead a review of a 2019 investigation into sexual abuse allegations at Seton Hall University, which found that the university's recently appointed president knew of the allegations against former Archbishop Theodore McCarrick but did not report them properly, according to an announcement this week.
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February 12, 2025
Connell Foley Can't Refute DQ Bid, NJ Investment Firm Says
A Black-owned investment firm suing New Jersey for discrimination in federal court said the court must disqualify Connell Foley LLP from representing the state because of a conflict of interest, even though the supposedly conflicted attorney has denied any ethical breach.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 11, 2025
Quantum Computing Secures TRO In Battle With Investor
New Jersey-headquartered Quantum Computing Inc. won continuation of a Delaware Court of Chancery temporary restraining order Tuesday against a former consultant and advisory firm, barring their alleged use of trade secrets and other confidential information pending a preliminary injunction hearing or trial.
Expert Analysis
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Opinion
Confusing Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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What's Next For State Regulation Of Hemp Cannabinoids
Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.