Administrative Law

Delaware Law Weekly |Case Digests

Hughes v. Berryhill

November 14, 2018

An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.
National Law Journal |News

Neomi Rao, Trump's Deregulatory Leader, Gets DC Circuit Nod to Replace Kavanaugh

Ellis Kim | C. Ryan Barber | November 13, 2018

Neomi Rao, who has led the Trump administration's push to curtail agency regulations, would succeed Brett Kavanaugh on the D.C. Circuit, whose docket is teeming with administrative disputes.
The Legal Intelligencer |Case Digests

Middaugh v. Commonwealth

November 13, 2018

The court of common pleas correctly applied the test in Gingrich v. DOT, 134 A.3d 528, in case where licensee was informed of his license suspension more than two years after his conviction for DUI, and properly found the delay constituted an extraordinarily extended period of time and sustained licensee's appeal. Affirmed.
The Legal Intelligencer |Case Digests

Frederick v. Allegheny Twp. Zoning Hearing Bd.

November 13, 2018

Zoning ordinance permitting oil and gas drilling throughout municipality did not constitute improper spot zoning nor violate Environmental Rights Amendment where municipality exercised authority to regulate where drilling occurred. Order of the trial court affirmed.
New Jersey Law Journal |Case Digests

Moawad v. City of Bayonne Police Dep't

November 13, 2018

Moawad appealed from a final decision of the Government Records Council that administratively dismissed his complaint because Moawad had never filed a request under the Open Public Records Act with the city of Bayonne Police Department.
The Legal Intelligencer |Case Digests

In re: Independent Fire Co. No. 1

November 13, 2018

The court refused to apply the doctrine of cy pres in this case, where respondent's decertification eliminated the charity's opportunity to be an official firefighting agency in Williamsport Borough but did not preclude it from becoming an authorized firefighting company in nearby communities in order to fulfill its charitable purpose. The court denied the commonwealth's petition.
New Jersey Law Journal |Case Digests

Radiation Data, Inc. v. New Jersey Dept. of Envt'l Prot.

November 12, 2018

Prosecution of Regulatory Violations Did Not Violate Clearly Established Rights and Entitled State Actors to Qualified Immunity
Connecticut Law Tribune |Case Digests

Miller v. Town of Hamden

November 12, 2018

Court Denies Motion to Dismiss by City Whose Animal Shelter Violated Statutory Requirements and Threatened Dog's Safety
New Jersey Law Journal |Case Digests

Radiation Data, Inc. v. New Jersey Dept. of Envt'l Prot.

November 12, 2018

Prosecution of Regulatory Violations Did Not Violate Clearly Established Rights and Entitled State Actors to Qualified Immunity
New Jersey Law Journal |News

Evidence Quarrel Triggers Civil Rights Lawsuit Against Banking and Insurance Commissioner

Charles Toutant | November 09, 2018

New Jersey Banking and Insurance Commissioner Marlene Caride was hit with a civil rights lawsuit over her decision overruling an administrative law judge in an evidence dispute.
New York Law Journal |Analysis

The New York Court of Appeals Gets It Wrong on Campus Sex Abuse

Maurice J. Recchia | November 08, 2018

In 'Haug v. SUNY Potsdam', the Court of Appeals reversed the Third Department and held that hearsay evidence can support findings of sexual assault on campus even where such hearsay evidence is contradicted by live testimony.
New Jersey Law Journal |Case Digests

Baker v. Camden County Highway Dept.

November 08, 2018

Plaintiff appealed from the denial of reconsideration of the summary judgment dismissal of his NJLAD complaint.
New Jersey Law Journal |Case Digests

Black v. City of Jersey City

November 08, 2018

City appealed the order allowing late filing of a notice of claim under the Tort Claims Act.
New Jersey Law Journal |Case Digests

Saldana-Bailey v. Bd. of Review

November 08, 2018

Appellant appealed her disqualification for unemployment benefits.
New Jersey Law Journal |Case Digests

In re Application for Permit to Carry a Handgun of Cheeseman

November 08, 2018

Applicant appealed the denial of his application for a permit to carry a firearm pursuant to N.J.S.A. 2C:58-4.
New Jersey Law Journal |Case Digests

In re Application for Permit to Carry a Handgun of Siderio

November 08, 2018

Applicant appealed the denial of his request for a permit to carry a handgun as a retired municipal police officer.
New Jersey Law Journal |Case Digests

Telofski v. Bd. of Trustees, Pub. Employees Ret. Sys.

November 07, 2018

Telofski appealed from a final decision of the Board of Trustees of the Public Employees' Retirement System that denied his application for accidental disability retirement benefits.
New Jersey Law Journal |Case Digests

In the Matter of Monserrate, Sheriff's Officer

November 07, 2018

Appellant appealed the removal of her name from the list of candidates eligible for appointment as a Sheriff's Officer.
New Jersey Law Journal |Case Digests

Stanton v. Dep't of Corrs.

November 07, 2018

Inmate challenged the decision denying his claim for loss of a television and radio that occurred when he was moved from one facility to another.
The Legal Intelligencer |Case Digests

Hampshire v. Philadelphia Hous. Admin.

November 06, 2018

Plaintiffs moved to compel production and defendant cross-moved for a protective order in a discovery dispute over a PHA audit and compliance report in plaintiffs' race and gender discrimination action and court ordered the report produced but placed limits on plaintiffs' use and disclosure of the report because the privacy interests of the nonparties investigated in the report outweighed any public interest in the unrestricted public disclosure of the report. Motions granted in part and denied in part.
The Legal Intelligencer |Case Digests

Stroud v. Pennsylvania Bd. of Prob. & Parole

November 06, 2018

Parole board did not err in permitting convicted parole violator to first serve federal sentence where board lacked authority to retrieve parolee from federal custody to attend revocation hearing and serve new state sentence. Order of the Board of Probation and Parole affirmed.
The Legal Intelligencer |Case Digests

City of Philadelphia Fire Dept. v. Workers' Comp. Appeal Bd.

November 06, 2018

In an opinion announcing the judgment of the court, the high court held that §108(r) of the Workers' Compensation Act, which deals specifically with firefighters, only requires a claimant to establish a general causative link between the type of cancer suffered and a Group 1 carcinogen and that where a claimant has established entitlement to the evidentiary presumption of compensability under §301(f) of the Act, epidemiological evidence is not sufficient to rebut the presumption. The high court reversed and remanded for further procee
New Jersey Law Journal |Case Digests

Sherrill v. City of Hoboken

November 06, 2018

Plaintiff appealed the magistrate's denial of his motion to compel discovery.
The Legal Intelligencer |Case Digests

Heleva v. Monroe County

November 06, 2018

Documents requested under the right-to-know law had already been purged and no longer existed, so the county did not act wrongfully in failing to provide them to the requestor.
The Legal Intelligencer |Case Digests

Watkins v. Pennsylvania Dept. of Corr. et al

November 06, 2018

The trial court did not err in dismissing plaintiff's complaint sua sponte in this case where the complaint constituted prison conditions litigation and plaintiff's pleading failed to state a cause of action against the named defendants. The commonwealth court affirmed an order dismissing plaintiff's complaint.
New York Law Journal |News

Trump Administration Seeks SCOTUS Cert in DACA Suits

Colby Hamilton | November 05, 2018

DOJ attorneys filed a writ of certiorari before judgment over two suits currently before the U.S. Court of Appeals for the Second Circuit, in addition to similar requests from the Ninth and D.C. circuits.
New York Law Journal |Case Digests

State of New York v. U.S. Dep't of Commerce

November 02, 2018

Trial Over Census Question Proceeds; Preemptive Ruling Disrupts Courts' Relationship
New Jersey Law Journal |Case Digests

Radiation Data, Inc. v. New Jersey Dept. of Envt'l Prot.

November 02, 2018

Defendants appealed the trial court's interlocutory order partially denying defendants' motion to plaintiff's statutory and constitutional claims.
New Jersey Law Journal |Case Digests

New Jersey Dept. of Envt'l Prot. v. Radiation Data, Inc.

November 02, 2018

Defendant appealed from plaintiff's final agency decision finding defendant liable for violating several department regulations governing radon measurement and mitigation activities.
The Recorder |Case Digests

Palmieri v. California State Personnel Board (California Department of Corrections and Rehabilitation)

November 01, 2018

State Personnel Board cannot forfeit authority to review disciplinary decision involving state employee
The Recorder |Case Digests

Brown v. Ralphs Grocery Company

November 01, 2018

Notice to LWDA must provide factual basis for wage and hour claims
New Jersey Law Journal |Case Digests

Simpkins v. Bd. of Tr., Police & Firemen's Ret. Sys.

October 31, 2018

Petitioner appealed from respondent board's final decision denying petitioner's application for accidental disability retirement benefits.
New Jersey Law Journal |Case Digests

Cassar v. New Jersey Racing Comm'n

October 31, 2018

Cassar appealed from a final decision of the New Jersey Racing Commission that suspended his license as a standardbred trainer for one year, barred him from all grounds subject to the Commission's jurisdiction, and imposed a $1000 fine, after a post-race urine sample from a horse he trained tested positive for morphine and hydromorphone.
New Jersey Law Journal |Case Digests

Salas v. State of New Jersey Dep't of Envtl. Prot.

October 30, 2018

The appeal arose from orders entered in the consolidated matters that denied a motion by Donald Burke and Patricia Burke to intervene and stay administrative proceedings before the New Jersey Department of Environmental Protection; that denied a motion for summary judgment by the Association for Governmental Responsibility, Ethics, and Transparency and certain individuals; and that granted NJDEP's motion to dismiss the Association's complaint.
The Recorder |Case Digests

Contractors' State License Board v. Black Diamond Electric, Inc.

October 30, 2018

Contractor required to exhaust administrative remedies prior to bringing Contractors' State License Board to court
New Jersey Law Journal |Case Digests

Div. of Child Prot. & Permanency v. P.O.

October 30, 2018

Defendants, citizens and residents of Peru, appealed from the termination of their parental rights to their two children.
The Recorder |News

High Court to Decide if US Government Can Join the PTAB Party

Scott Graham | October 29, 2018

The America Invents Act says any "person" can petition for review of patent validity. A patent owner backed by Covington & Burling says the government isn't a "person."
Connecticut Law Tribune |Case Digests

Walenski v. Connecticut State Employees Retirement Commission

October 29, 2018

Court Affirms Dismissal of Administrative Appeal Seeking Review of Retirement Benefit Claim That Was Not Subject to Judicial Review
New Jersey Law Journal |Case Digests

Godlewski v. Borough of Stone Harbor

October 29, 2018

The case was an action in lieu of prerogative writs.
New Jersey Law Journal |Case Digests

Kyles v. New Jersey State Parole Bd.

October 29, 2018

Kyles appealed the final agency decision of the New Jersey State Parole Board that denied his parole and set an 84-month future parole eligibility term.
New Jersey Law Journal |Case Digests

R.A. v. Div. of Med. Assistance & Health Serv.

October 29, 2018

Petitioner appealed the denial of her Medicaid application.
New Jersey Law Journal |Commentary

Court is the Inevitable Referee, Legislative Veto Case Proves

Law Journal Editorial Board | October 26, 2018

The mere fact that our justices were so deeply divided on this interpretive issue is strong empirical evidence that this test is quite malleable and will enable the judiciary to assert a strong and often decisive role in administrative policy disputes between the Legislature and the executive.
Daily Report Online |News

Millennial Evans Jumps to Holland & Knight's Government Team

Meredith Hobbs | October 26, 2018

Jake Evans said his father, GOP heavy-hitter and now-Luxembourg Ambassador Randy Evans, has been a role model for building a practice as a business litigator in the government space.
The Recorder |Case Digests

Raam Construction, Inc. v. Occupational Safety and Health Appeals Board (Department of Industrial Relations, Division of Occupational Safety and Health)

October 26, 2018

No ambiguity in statutory deadline for writ petition challenging decision of Occupational Safety and Health Appeals Board
New York Law Journal |News

US Judge Expresses Preference for Trial, Not Stay, in Dispute Over Census Query

Colby Hamilton | Dan M. Clark | October 24, 2018

The conference in Manhattan federal court comes days after the U.S. Supreme Court stayed attempts by the New York AG to depose U.S. Department of Commerce Secretary Wilbur Ross.
New York Law Journal |Case Digests

Cortes v. O'Neill

October 24, 2018

Gap in Medical Treatment Cannot Be Sole Basis For Denial of Accident Disability Retirement
New Jersey Law Journal |Case Digests

Held v. New Jersey Motor Vehicle Comm'n

October 24, 2018

Plaintiff appealed defendant commission's final decision suspending plaintiff driver's license for 10 years, after plaintiff had pled guilty to DUI in Maryland.
New Jersey Law Journal |Case Digests

Affinito v. New Jersey State Parole Bd.

October 24, 2018

Affinito appealed from the final agency decision of the New Jersey State Parole Board that denied him parole and imposed a 144-month future eligibility term.
New Jersey Law Journal |Case Digests

Traylor v. Dep't of Corr.

October 24, 2018

Appellants challenged the decision rejecting their claim that the DOC lacked authority to padlock and limit access to refrigerators in the Special Treatment Unit.
The Legal Intelligencer |Case Digests

In re Estate of Huber

October 23, 2018

Orphans' court erred in granting letters of administration C.T.A. to the attorney who held a power of attorney from the executrix named in the deceased's will because the register of wills had jurisdiction to grant letters of administration and there was no confirmation in the certified record that the will was admitted to probate or that the initial register of wills' determination was appealed to the orphan's court. Vacated.
The Recorder |Expert Opinion

What Local Governments Can Do to Avoid a Vending Free-for-All In the Wake of the Safe Sidewalk Vending Act

Deborah Fox and Steven Burke | October 16, 2018

Whether, where, and under what terms to allow sidewalk vending was, by its nature, a question left to each unique community to address after weighing the often competing interests of various local stakeholders. All that changed on Sept. 17, 2018, when Governor Brown signed SB 946, the Safe Sidewalk Vending Act (“Act”), into law.
The Legal Intelligencer |News

Convicted Child Sex Predator Gets to Keep His Barber's License, Court Rules

P.J. D'Annunzio | October 11, 2018

Because a convicted child predator was deemed to no longer be a threat to society, he is allowed to keep the barber's license he earned in prison, an appeals court has ruled.
The Legal Intelligencer |Commentary

The Potential Impact of 'Lucia' on the Social Security Administration

Nicholas Feden | October 04, 2018

In July, Justice Elena Kagan, writing for the majority in Lucia v. Securities and Exchange Commission, authored a narrow opinion that has potentially broad implications.
Law.com |

Skilled in the Art: Will Another PTAB Case Head to SCOTUS? Plus, Cisco, Bill Lee Try to Escape a $57M Hit.

Scott Graham | October 02, 2018

The Supreme Court has asked the solicitor general whether third parties like RPX Corp. should have standing to appeal cases they've lost at the Patent Trial and Appeal Board. The Federal Circuit says they don't, but Daniel Ravicher's been arguing otherwise since 2014.
New Jersey Law Journal |Analysis

NJ Environmental Law's Top 10 of 2018

Lewis Goldshore | September 28, 2018

While the Murphy administration was getting up to full speed, the judiciary and legislature continued to refine the state's environmental law and policy. This article identifies 2018's top 10 environmental developments.
New Jersey Law Journal |News

Senate Confirms Ocean Prosecutor, Superior Court Nominee

Michael Booth | September 28, 2018

Bradley Billhimer, a veteran Toms River criminal defense attorney, was confirmed as Ocean County prosecutor, and Michael Antoniewicz was confirmed to the Superior Court bench.
New York Law Journal |Analysis

Strict Compliance with SEQRA: A Mandate Courts Enforce

Anthony S. Guardino | September 25, 2018

In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA's requirements, and concludes by reiterating the importance of literal compliance with this law.
New York Law Journal |News

US Commerce Secretary Ordered to Sit for Deposition in Census Immigration Status Question Suit

Colby Hamilton | September 21, 2018

U.S. District Judge Jesse Furman ruled that Ross' "intent and credibility are directly at issue in these cases."
National Law Journal |News

PTO Gives Iancu More Control Over PTAB Precedents

Scott Graham | September 21, 2018

The agency is aiming to create more precedential opinions while steering away from the practice of "stacking" its judicial panels.
New Jersey Law Journal |News

Administrative Law Judges Not 'Second-Tier Players,' NJ Supreme Court Says

Michael Booth | September 18, 2018

The appellate tests for reviewing an administrative disciplinary sanction and a criminal sentence are virtually the same," and the Appellate Division "erred in suggesting that appellate review of a disciplinary sanction imposed by a judge is de novo and different from traditional appellate review of an agency determination," the court said in "Matter of Hendrickson.
National Law Journal |

NLRB Begins Long Slog of 'Joint Employer' Rulemaking. Here's What to Know

Erin Mulvaney | September 17, 2018

The proposal to amend the agency's joint-employer standard was expected as Chairman John Ring announced his intent weeks ago to begin rulemaking on how to define relationships between companies, franchises, contractors and others.
New Jersey Law Journal |Analysis

Six Years After AIA, Patent Office Releases First Update to Trial Proceedings

Barry J. Schindler, James J. DeCarlo and Smit Kapadia | September 14, 2018

On Aug. 10, 2018, the USPTO released its first update to the Trial Practice Guide since its initial publication in August of 2012. Practitioners appearing before the Patent Trial and Appeal Board should follow these guidelines as they offer new tools and highlight important caveats.
National Law Journal |Video

Donald Trump's Tax Returns Get Their Day in the DC Circuit

Mike Scarcella | September 12, 2018

Well, not the returns themselves. Because Trump hasn't released them. But there is a public-records case, set for argument Thursday in the D.C. Circuit, that seeks to force the IRS to disclose the records.
Supreme Court Brief |

Presidential Power & the CFPB: What's Next | Sheldon Cohen in Memoriam | ICYMI: The Book Durbin Asked Kavanaugh to Read

Tony Mauro | Marcia Coyle | September 12, 2018

Brett Kavanaugh railed against the "massive, unchecked" power of the CFPB director. He could soon get a chance to revisit his views—if he's confirmed to the high court. Plus: remembering the legacy of Sheldon Cohen, and have you read the book Dick Durbin asked Kavanaugh to read? Welcome to Supreme Court Brief.
National Law Journal |News

Harvard, MIT Win Appeal in Battle Over Gene Editing Patents

Scott Graham | September 10, 2018

The court upheld that their CRISPR invention, applying the technology to human and animal cells, is patentably distinct from UC's earlier discovery in single-cell organisms.
National Law Journal |News

Federal Circuit Continues Crackdown on Real Parties at the PTO

Scott Graham | September 10, 2018

For the second time this summer, the appellate court has told the Patent Trial and Appeal Board to reconsider whether business partners or third parties are helping litigants skirt the statute of limitations.
New Jersey Law Journal |Analysis

The Impact of 'Accutane' on Environmental Cost Recovery and NRD Litigation

Marty M. Judge and Franklin J. Riesenburger | September 06, 2018

Two seemingly unrelated recent events are likely to have a significant impact on environmental litigation in New Jersey.
Litigation Daily |Commentary

Daily Dicta: Stuck in the Litigation Slow Lane

Jenna Greene | September 06, 2018

The unusual merger case highlights a longstanding disparity between review by the Justice Department and the Federal Trade Commission.
Daily Business Review |News

Administrative Law Judge Rejects Challenge to Calder Racetrack Slots License

Dara Kam | September 05, 2018

The case highlights the growing tension between the greyhound and horse industries and racetrack operators, who have sought to do away with live racing while keeping more-profitable gambling activities such as slots and poker.
New Jersey Law Journal |News

In Insurance Licensing Case, State's Digital Evidence Nixed After Prudential Can't Explain It

Charles Toutant | August 31, 2018

A New Jersey administrative law judge bars introduction of electronic evidence by the state after witnesses from Prudential are unable to explain how it was gathered.
New Jersey Law Journal |Commentary

Police Videos Should Be Public Under OPRA

Law Journal Editorial Board | August 27, 2018

In Paff v. Ocean County Prosecutor's Office, our Supreme Court has held in a 4-3 decision that police video recordings are exempt from disclosure under the Open Public Records Act. We believe that the dissent has the better of the argument, and we believe that the issue is of sufficient public importance that the Legislature should address it.
New Jersey Law Journal |News

No State Defense for Local Cop 'On Loan' to Multiagency Unit

Charles Toutant | August 24, 2018

The Attorney General's Office's obligation to defend and indemnify county prosecutors for alleged tortious conduct does not extend to a municipal police officer who was sued over his actions while "on loan" to a regional task force, the Appellate Division has ruled.
Litigation Daily |Q&A

Litigator of the Week: Morgan Lewis' Geri Edens Wins a Lifeline for Children's Hospitals

Jenna Greene | August 24, 2018

A former nurse, Morgan, Lewis & Bockius partner Geri Edens is helping some of the nation's largest pediatric hospitals stay afloat via a series of successful suits challenging a new Medicaid payment regime,
New York Law Journal |Analysis

The 'Browning-Ferris' Wheel Goes Round and Round

David J. Kaufmann | August 23, 2018

In his Franchising column, David J. Kaufmann examines an issue critical to franchisors—whether they will be deemed the “joint employers” of their franchisees' employees.
New Jersey Law Journal |Analysis

No-Poach Agreements Are Targeted by Government, Employees and Legislators

Sheila Raftery Wiggins | August 16, 2018

The no-poach agreement—an agreement between two unrelated companies to not hire each other's employees—is gaining renewed federal and state government scrutiny for its potential antitrust impact on the economy.
New Jersey Law Journal |Commentary

Forestry Stewardship and the Farmland Assessment Act

Edward A. Hogan and Steven W. Kallesser | August 16, 2018

OP-ED: The long-awaited Forest Stewardship Regulations provide an alternative to the requirement of selling forest products, which still allows property owners to actively manage their land for ecological sustainability.
New York Law Journal |Analysis

A Focus on Price: Antitrust in the Kavanaugh Era

Shepard Goldfein and Karen Hoffman Lent | August 13, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.
New Jersey Law Journal |Commentary

In Praise of New Gender Identity Law

Law Journal Editorial Board | August 13, 2018

It is estimated that there are 30,100 transgender/gender-diverse people living in New Jersey. We welcome these legislative efforts to protect our neighbors and allow them the right to amend vital records to be consistent with their gender identity.
New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | August 13, 2018

Omnibus Rule amendments effective Sept. 1
New Jersey Law Journal |Analysis

Opioid Accommodation: Overview, Case Study and Recommendations

Benjamin E. Widener | August 10, 2018

Employers should be part of the solution to this epidemic; they can start by helping their affected employees.
New York Law Journal |News

Judge Orders NYPD to Release Records Related to Fatal 2012 Bronx Shooting

Andrew Denney | August 08, 2018

A Manhattan judge has ordered the New York City Police Department to release a trove of documents from the case of Ramarley Graham, who was shot and killed in 2012 by an officer who has since left the department.
New Jersey Law Journal |News

Legislative Veto of Executive Branch Rules Upheld

Michael Booth | August 08, 2018

The New Jersey Legislature has the authority to overturn executive branch rules if it believes those rules run counter to legislative intent, but lawmakers' actions may be subject to limited judicial review, the state Supreme Court ruled on Wednesday.
New Jersey Law Journal |Analysis

The Times They Are a-Changin' for NJ Employers

Steven I. Adler | August 08, 2018

Gather round employers, there's a battle outside and it's ragin'. The new employment laws will soon shake your windows and rattle your walls, for the times in New Jersey they are a-changin'.
Supreme Court Brief |

How 'Lucia' Is Landing in Lower Courts | Aditya Bamzai Gets Trump Nod | Justices Make Typos—Just Like Us

Tony Mauro | Marcia Coyle | August 08, 2018

Take a look at how the Supreme Court's ruling in "Lucia" is unfolding in lower courts and at federal agencies. Plus: University of Virginia law's Aditya Bamzai gets the Trump nod for a post on a privacy board, and there's a new endowed chair named in honor of retired Justice Anthony Kennedy.
New York Law Journal |Analysis

Supreme Court Set to Tackle 'Secret' Patented Sales Under AIA

Robert L. Maier | August 07, 2018

In his Intellectual Property column, Robert L. Maier discusses 'Helsinn Healthcare v. Teva Pharmaceuticals USA,' in which the U.S. Supreme Court will address the scope and impact of the 'on sale bar' of the patent statute as it applies under the America Invents Act.
New York Law Journal |Analysis

First Decision in Class-Action Context Concludes Digital Tokens Can Be Securities

Margaret A. Dale and Mark D. Harris | August 07, 2018

In their column on Corporate and Securities Litigation, Margaret Dale and Mark Harris analyze the decision in 'Rensel v. Centra Tech,' which discusses whether U.S. courts will treat crypto-tokens as securities subject to the regulatory requirements of the Securities Act of 1933.
National Law Journal |News

Judge Spurns Trump Agency's 'Hodgepodge' Reasons for Ending DACA

Mike Scarcella | August 03, 2018

U.S. District Judge John Bates in Washington DC: "A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do. The court therefore reaffirms its conclusion that DACA's rescission was unlawful and must be set aside."
New York Law Journal |Analysis

Muslim Travel Ban and Japanese Internment: Ugly History Repeats Itself

Christopher Dunn | August 03, 2018

In his Civil Rights & Civil Liberties column, Christopher Dunn compares the ban on citizens of a group of predominantly Muslim countries from entering the United States, to the internment of Japanese Americans during World War II.
New York Law Journal |

NY Federal Judge Rules Census Suits May Proceed on Due Process, APA Claims

Colby Hamilton | July 26, 2018

Following up on a preliminary determination, Judge Furman allowed the pair of suits to proceed, even as he dismissed arguments Commerce Sectary Wilbur Ross was not empowered to include an immigration question on the 2020 census.
New York Law Journal |Analysis

State's Battle Against Firefighting Foam Intensifies

Charlotte A. Biblow | July 25, 2018

In her column on State Environmental Regulation, Charlotte A. Biblow discusses New York's targeting of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) in the environment,
New York Law Journal |

Realty Law Digest

Patricia Kane | July 24, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: '154-7th Ave. Chelsea, Inc. v. Ballaghaderreen,' and 'Franpearl v. Orenstein,' and an Article 78 case 'The Grand 73 LLC v. N.Y.C. Hous. Pres. & Dev.'
New York Law Journal |

The Comprehensive Plan's Essential Role in Zoning

Anthony S. Guardino | July 24, 2018

In his Zoning and Land Use Planning column, Anthony Guardino explains how a zoning regulation that is not adopted in accordance with a comprehensive plan is vulnerable to a court challenge.
National Law Journal |News

No Tribal Immunity in PTO Proceedings, Federal Circuit Rules

Scott Graham | July 23, 2018

Judge Kimberly Moore's decision ends—at least for now—Allergan's arrangement to shield its patents using the Saint Regis Mohawk Tribe's immunity.
New York Law Journal |News

Corporate Ownership of Building Put Lawyer Ad Signs in Violation of Billboard Law: Court

Andrew Denney | July 19, 2018

A Queens lawyer who promoted his law firm on signs attached to buildings he owns through corporate entities cannot sidestep New York City's permit requirements for outdoor advertising, even though he was selling his own services on the signs, the majority on a Manhattan appeals court has ruled.
The Recorder |News

Federal Circuit Cracks Down on RPX Activity at PTAB

Scott Graham | July 16, 2018

The appellate court, in a patent case involving Salesforce, says the PTO is not looking closely enough at whether RPX clients are real parties in interest in inter partes reviews. That could prevent the defensive patent aggregator, and maybe other third parties like it, from bringing IPRs.
National Law Journal |News

AIA Patent Invalidations Aren't a 'Taking,' DOJ Insists

Scott Graham | July 11, 2018

Issued patents are only presumed valid, so owners are on notice of potential invalidity proceedings, the government contends before the Court of Federal Claims.
New Jersey Law Journal |

Injured Claimant Entitled to Medical Marijuana, Workers' Comp Judge Rules

Charles Toutant | July 11, 2018

It is at least the second time a workers' compensation judge in the state has ruled in favor of a petitioner asking his employer to foot the bill for medical marijuana.
New York Law Journal |Analysis

Review of Developments Under State Environmental Quality Review Act

Michael B. Gerrard and Edward McTiernan | July 11, 2018

In their column on Environmental Law, Michael B. Gerrard and Edward McTiernan review the decisions issued by New York courts in 2017 under SEQRA.
New York Law Journal |Analysis

New Antitrust Regulators and New Markets

Shepard Goldfein and Karen Hoffman Lent | July 09, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent ask whether current approaches to antitrust review are effective in protecting competition, in view of the prevalence two-sided markets and “big data.”
New York Law Journal |Analysis

Health Insurance Fraud: A Key Focus of State and Federal Prosecutors

Evan H. Krinick | July 05, 2018

In his column on Insurance Fraud, Evan H. Krinick looks at two recent reports, one from the federal government and the other from New York's Department of Financial Services.
Daily Report Online |News

Litigation Teams of the Year (Appellate Practice-Midsize Firm): Rogers & Hardin

Jonathan Ringel | June 28, 2018

The goal is to craft the most informative, persuasive brief you can on the merits, and then in the handful of days between the panel assignment and oral argument to incorporate any known tendencies of the judges into your strategy for the argument.
Daily Report Online |News

Lifetime Achievement Award: Charles 'Chuck' Beaudrot

Jonathan Ringel | June 28, 2018

You have to answer the question “how much is enough?” If you don't, the push for more and more money will make you miserable.
Daily Report Online |News

On the Rise: Lauren Villnow

Jonathan Ringel | June 28, 2018

Working in consumer protection continues to offer me the opportunity to hone the skills that first drew me to law and interact with consumers who often have limited recourse apart from the resources and remedies provided by our office.
New Jersey Law Journal |Analysis

Lessons from the SEC's First Cyber-Disclosure Enforcement Action

Margaret A. Dale and Mark D. Harris | June 27, 2018

The SEC has taken steps to demonstrate its increased focus on cybersecurity matters, and specifically on companies' disclosure obligations relating to cybersecurity risks and incidents.
Law.com |Expert Opinion Q&A

Top Experts Explore Visa Options for Foreign Entrepreneurs

Nick Gaffney | June 26, 2018

In this roundtable, our panel of experts (Susan J. Cohen, Niko Bonatsos, Jeff Clavier, Sascha Eder and Jeff Farrah) share their insight about the limitations of common work visa options foreign entrepreneurs are forced to consider (H-1B, E-2, and F-1 visas) and the merits of the International Entrepreneur Parole Program — a program that the Trump Administration has proposed to remove.

LOAD MORE

Featured Firms

Law Offices of Mark E. Salomone
2 Oliver St #608
Boston, MA 02109
857-444-6468
www.marksalomone.com
Gary Martin Hays & Associates P.C.
235 Peachtree St NE #400
Atlanta, GA 30303
800-898-4297
www.garymartinhays.com
Smith & Hassler
225 N Loop W #525
Houston, TX 77008
(877) 777-1529
www.smithandhassler.com

Presented by BigVoodoo

More from ALM

2018 Ethics & Compliance Training Benchmark Report

From NAVEX Global

Learn how to positively impact your culture and get your compliance training program on the path to excellence with the 2018 Ethics & Compliance Training Benchmark Report.

Download Now ›
How Blockchain May Impact eDiscovery and the Financial Services Industry

From Epiq

Blockchain is rapidly evolving as industries start exploring how to utilize the new technology. Learn about the potential benefits, uses, and concerns it offers for eDiscovery and financial services.

Download Now ›
3 Best Practices to Address Modern Preservation Challenges

From Epiq

Learn 3 best practices to help you tackle increasing preservation challenges posed by new communication trends in the modern, electronic business landscape.

Download Now ›

Browse More Resources →

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

View Now
Team Accounts

Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

View Now
Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Legal Compass →

Perfecting Your Pitch (San Francisco)

November 14, 2018
San Francisco, CA

A Practical Program Expanding Opportunities For Women In The Legal Profession
Women Leaders in Tech Law: The Next Generation Awards 2018

November 14, 2018
San Francisco, CA

Honors top women lawyers in California who handle game-changing, law-shaping, market-moving work in & around the technology sector
4th Biennial Western Construction Labour Relations 2018

November 14, 2018 - November 15, 2018
Edmonton, AB

Address subjects to stimulate discussion and update your awareness of the various issues affecting construction labour relations.

Browse More Events →

webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

Attorney

Central New Jersey, New Jersey, United States

Central New Jersey law firm seeks NJ licensed attorney with 3-7 years experienced in litigation, property tax appeals and land use & develop...
Apply Now ›
Litigation Paralegal Wanted- New York

New York, New York, United States

Small but growing Downtown firm, seeking paralegal with at least 2 years' experience in medical malpractice and personal injury. Responsibil...
Apply Now ›
ATTORNEY - LITIGATION - LAW FIRM

Hartford, Connecticut, United States

Hartford office of well-known law firm seeks junior attorney. Must have 3-5 years of experience with CT litigation practice. Per...
Apply Now ›

NORRIS MCLAUGHLIN & MARCUS

11/12/2018
NJLJ Web

NORRIS MCLAUGHLIN & MARCUS ANNOUNCES
View Announcement ›
FISHER POTTER HODAS

11/12/2018
DBR Web

Fisher Potter Hodas is Building a Better firm.
View Announcement ›
LESNEVICH & MARZANO-LESNEVICH

11/05/2018
NJLJ Web

Congratulations Madeline Marzano-Lesnevich, Esq. on your incredibly successful year November 2017-2018
View Announcement ›

Professional Announcements →

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.