Even decades after the end of most U.S. production of asbestos, litigation against the companies that made it or put it in their products is alive and well in the state courts of New Jersey. John Garde of McCarter & English in Newark, who has been defending asbestos suits for almost 30 years, Continue Reading
5 Tips For Getting Software Patents Approved Post-Alice
The U.S. Supreme Court's Alice Corp. decision barring patents on computer-implemented abstract ideas made it tougher to obtain patent protection for software inventions, but it is not impossible, attorneys say. The courts have not looked kindly on software inventions that claim something a human Continue Reading
Fla. Lawyers Driving Boom in N.J. Disabled-Access Suits
Suits claiming owners of shopping centers, restaurants and motels fail to comply with the Americans with Disabilities Act's handicap accessibility provisions have been riding a two-year upswing in New Jersey, a Law Journal analysis has found. In the first three weeks of August alone, 18 suits Continue Reading
Specialized Cyber Insurance Becoming A Must For Many Cos
Courts are offering conflicting rulings on whether commercial general liability insurance policies cover data breaches, and with cyberattacks growing in scope, companies will need to look at specialized cybersecurity policies to fill in coverage gaps and provide them with more certainty, attorneys Continue Reading
NJ Enviro Decision Will Help Bankroll Site Cleanups
A recent New Jersey Supreme Court decision allowing parties to launch contribution actions over contaminated sites without waiting on state enforcement efforts will help fund cleanups, but a finding that the state must approve actual cleanup costs could prove tough to implement, attorneys say. Continue Reading
Wimbledon Faces Plagiarism Controversy Involving Books
Sports teams, leagues and events often aggressively protect their intellectual property, whether it’s targeting unauthorized use of their logos, footage or names. The biggest damage ultimately is reputational, said James Donoian, a partner in McCarter & English, where he specializes in Continue Reading
N.J. Appeals Court Orders $175K Frivolous Litigation Sanction
A New Jersey appeals court has ordered the plaintiffs in a business dispute to pay a $175,000 sanction for fees racked up by lawyers in two states battling what was determined to be frivolous litigation. The fees are payable to Weingarten Brown, a Los Angeles firm recently acquired by Venable Continue Reading
Shareholders Fight Hemispherx’s Fee-Shifting In Del. Chancery
Attorneys for shareholders derivatively suing Hemispherx Biopharma Inc. over bonuses paid to the company’s board members asked a Delaware Chancery judge on Monday to invalidate the company’s newly enacted fee-shifting bylaw or remove them as counsel from the suit. The bylaw, which was adopted by Continue Reading
Revisions Take Bite Out Of Proposed NJ Hiring Restrictions
New Jersey employers could soon be living with new hiring process restrictions intended to combat discrimination against the unemployed and remove barriers for people with criminal records, but those bills now before Gov. Chris Christie have undergone changes that should soften the impact for the Continue Reading
Accounting Mistakes Can Squeeze Pension Benefits
This article examines the problem of pension fund benefit miscalculations and overpayments, discusses how pension funds recover their overpayments and their obligation to do so, and profiles some retirees who have had pension overpayments recovered after being mistakenly overpaid. Continue Reading