Administrative Law

National Law Journal |

'There Is Real Hardship Being Felt By Innocent Federal Employees': DC Judge

ALM Staff | January 18, 2019

"I empathize with the plaintiffs' positions. They are not the ones at fault here," U.S. District Judge Richard Leon says in his written ruling in a shutdown suit from federal employees. Leon earlier this week ruled from the bench, denying a temporary restraining order.
New Jersey Law Journal |Analysis

Special Needs Children Present Unique Issues to Divorce Cases

Jennifer Fortunato | January 17, 2019

A practical guide to representing a divorce client with a special needs child.
New Jersey Law Journal |Analysis

Victims of Serious Crimes Need More Protection Under OPRA

Jonathan N. Frodella | January 17, 2019

Currently, record custodians bear the full burden of investigation when requestors choose not to provide relevant background information.
New Jersey Law Journal |Case Digests

Lewis v. Bd. of Adjustment of the Twp. of Rockaway

January 17, 2019

Plaintiff appealed from an order that entered judgment in favor of the defendants Board of Adjustment of the Township of Rockaway, Donald Steinbrenner, and Beth Steinbrenner, in the action in lieu of prerogative writs that contested the approval of an application for development to construct a single-family home.
New Jersey Law Journal |Case Digests

In the Matter of P.A.

January 17, 2019

Adult client of the Division of Developmental Disabilities appealed the agency decision affirming the Division's method of calculating his contribution to the cost of his care, the guardianship fee and the burial trust fund.
New Jersey Law Journal |Case Digests

The Plastic Surgery Ctr., PA v. Malouf Chevrolet-Cadillac, Inc.

January 17, 2019

Plaintiffs, various medical providers, appealed the denial of their petitions for payment of services rendered to employees pursuant to their workers' compensation benefits.
New York Law Journal |Analysis

The Power of Administrative Agencies and the Peril of Substantial Evidence Review

Thomas F. Gleason | January 16, 2019

In his New York Practice column, Thomas F. Gleason writes: The scope of deference to administrative agencies was recently treated by a divided panel of the Appellate Division, Third Department, whose decision in an Article 78 substantial evidence proceeding was reversed by a divided Court of Appeals in 'Matter of Haug v. State University of N.Y. at Potsdam'. The disturbing facts and the review standard make compelling reading—and not just for lawyers.
New York Law Journal |Case Digests

Pisman v. Zucker

January 16, 2019

Ripeness Analysis Prongs Not Met in Rights Suit Over DOH's ACC Collection Letter
Delaware Law Weekly |Case Digests

Prunckun v. Delaware Dept. of Health & Soc. Servs.

January 16, 2019

Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.
The Recorder |Case Digests

Ricasa v. Office of Administrative Hearings (Southwestern Community College District Governing Board)

January 16, 2019

School district administrator not entitled to 24-hour notice of closed board meeting to address proposed demotion
New Jersey Law Journal |Case Digests

Fernandez v. New Jersey State Parole Bd.

January 16, 2019

Hector Fernandez appealed from a final agency decision of the Parole Board that denied him parole and imposed a 24-month future eligibility term.
National Law Journal |News

Federal Employees Lose Early Bid to Stop Unpaid Work During Trump's Shutdown

Erin Mulvaney | January 15, 2019

US District Judge Richard Leon in Washington said a temporary restraining order would have caused "chaos and confusion."
Litigation Daily |News

Judges Rebuffs Early Bid by Federal Workers to Stop Unpaid Work During Shutdown

Erin Mulvaney | January 15, 2019

US District Judge Richard Leon in Washington said a temporary restraining order would have caused "chaos and confusion."
New York Law Journal |News

Federal Judge Blocks Trump Administration's Census Citizenship Question

Dan M. Clark | January 15, 2019

U.S. District Judge Jesse Furman of the Southern District of New York said in the decision that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act while deciding to add the citizenship question to the survey over the first year and a half of the Trump administration.
Litigation Daily |News

Federal Judge Strikes Down Trump Administration's Census Citizenship Question

Dan M. Clark | January 15, 2019

U.S. District Judge Jesse Furman of the Southern District of New York said in the decision that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act while deciding to add the citizenship question to the survey over the first year and a half of the Trump administration.
The Legal Intelligencer |Case Digests

Driscoll v. Zoning Bd. of Adjustment of the City of Philadelphia

January 15, 2019

Appeal from issuance of non-accessory sign permit dismissed as moot where applicants abandoned permit and the matter was not of public importance nor likely to recur but capable of evading review. Order of the trial court affirmed.
Connecticut Law Tribune |Case Digests

Mendes v. Adm'r, Unemployment Comp. Act

January 14, 2019

Court Sustains Appeal by Employee Whose Claim for Unemployment Compensation was Denied at Hearing Where Employee Did Not Receive Notice of Hearing
New Jersey Law Journal |Case Digests

Dance, Inc. v. New Jersey Dep't of Labor & Workforce Dev.

January 14, 2019

Dance, Inc. appealed from a final administrative decision of the Commissioner of the New Jersey Department of Labor and Workforce Development that assessed tax liability owed under the unemployment compensation statute.
New Jersey Law Journal |Case Digests

Chen-Oster v. Zoning Bd. of Adjustment

January 11, 2019

Plaintiffs appealed the denial of their application for a side-yard variance. Zoning board noted the unique shape of the property and approved plaintiffs' initial development application, which included height and side-yard setback variances.
New Jersey Law Journal |Analysis

No More Mr. Nice Guy: IRS Tightens Voluntary Disclosure Procedures

Richard J. Sapinski and Lawrence S. Horn | January 10, 2019

The IRS announced new -- less “taxpayer friendly” -- internal procedures for taxpayers who wish to avoid criminal prosecution for domestic or offshore tax evasion conduct.
The Recorder |Case Digests

Yee v. Superior Court (Thrivent Financial For Lutherans)

January 09, 2019

Statutory immunity bars claim of vicarious liability against state agency based on alleged wrongful actions of employees in performing public function
Delaware Law Weekly |Case Digests

Virola v. Berryhill

January 09, 2019

ALJ could afford treating physicians' testimony less weight during SSDI application hearing where physicians' conclusions regarding applicant's limitations were unsupported by the medical record and by the ALJ's observations of the applicant.
New Jersey Law Journal |Case Digests

Hertz v. Borough of Lincoln Park

January 09, 2019

Plaintiff appealed the denial of her 2017 Farmland Assessment application by defendant borough, which was affirmed by the county board of taxation.
The Legal Intelligencer |Case Digests

Watts Township Bd. of Auditors v. Raudensky

January 08, 2019

Trial court properly dismissed the surcharge imposed by the board of auditors on a township supervisor because any imposition of a surcharge had to flow from the findings of an audit and the board did not impose the surcharge in connection with an audit. Affirmed.
The Recorder |Case Digests

Culbertson v. Berryhill

January 08, 2019

Aggregate fees awarded for representation of client seeking Social Security disability benefits in both agency and court proceedings not limited to 25% of past due benefits
The Recorder |News

San Francisco Bench Trial Pushes Off Over Census Citizenship Question

Ross Todd | January 07, 2019

Judge Richard Seeborg of the U.S. District Court for the Northern District of California is overseeing two separate but related challenges to the inclusion of a citizenship question on the 2020 U.S. census.
Daily Business Review |News

Outgoing Administration Rejects Judge's Ruling on HIV Contracts

Christine Sexton | January 07, 2019

The Agency for Health Care Administration late last month issued a final order in a long-running dispute between the state and Positive Healthcare, a division of the AIDS Healthcare Foundation.
Connecticut Law Tribune |Case Digests

Strawberry Park Prop., LLC v. Town of Preston Planning & Zoning Comm'n

January 07, 2019

Zoning Commission Properly Amended Regulations to Mitigate Risk of Fire in Recreational Campgrounds
New Jersey Law Journal |Case Digests

Dental Care of Stratford v. Harmon

January 07, 2019

Defendant appealed an order that directed plaintiff to pay her $3,622.50.
New Jersey Law Journal |Case Digests

Just Pups LLC v. Borough of Emerson

January 07, 2019

Plaintiff appealed from the trial court's grant of defendants' motion for partial summary judgment.
Corporate Counsel |Analysis

Expect Aggressive Consumer-Related Investigations from State AGs

Peter S. Hyun and Duane C. Pozza | January 04, 2019

An upward trend in State AG enforcement actions should put every consumer-related industry on notice; it is a harbinger of what is likely to come in the new year and beyond.
New Jersey Law Journal |News

Court Hears Arguments on Injured Volunteer Firefighter's Entitlement to Workers' Comp Benefits

Michael Booth | January 04, 2019

The New Jersey Supreme Court is deciding whether a volunteer firefighter injured while responding to a fire should be awarded workers' compensation benefits even though she does not have outside employment.
New Jersey Law Journal |Analysis

Taking Property Rights Quickly Is Not a 'Quick Take' Under Federal Law

Timothy P. Duggan | January 04, 2019

On Dec. 14, 2018, New Jersey's federal district court rendered a long awaited decision in the PennEast natural gas pipeline litigation, which authorized the pipeline company to use the power of eminent domain.
New Jersey Law Journal |Case Digests

Levin v. Bd. of Review, Dept. of Labor

January 04, 2019

Plaintiff appealed from defendant board of review's final decision denying plaintiff's claim for unemployment benefits from her employer.
New Jersey Law Journal |Analysis

Watch on the Highlands: Recent Events

Lewis Goldshore | January 03, 2019

Two recent events underscore the challenges that landowners and developers have confronted in New Jersey's Highlands region.
New York Law Journal |Case Digests

El Boutary v. City of New York

January 03, 2019

Uber Driver's Claims Arising From License Suspension Only Partly Dismissed
The Recorder |Case Digests

Caltec AG v. Department of Pesticide Regulation

January 03, 2019

Prior registration of products as fertilizers does not preclude agency from finding them to be pesticides
New Jersey Law Journal |Case Digests

M.C. v. Div. of Med. Assistance & Health Serv.

January 03, 2019

The matter involved M.C.'s third successive appeal from the alleged failure of the Department of Human Services, Division of Medical Assistance and Health Services, to afford her a hearing on her request for an undue hardship waiver for the period of ineligibility for Medicaid benefits imposed due to an asset transfer.
New Jersey Law Journal |Case Digests

Anderson v. Bd. of Tr., Teachers' Pension & Annuity Fund

January 03, 2019

Petitioner appealed from defendant board's final determination, finding petitioner ineligible for accidental disability retirement benefits.
New Jersey Law Journal |Case Digests

In the Matter of the Application of Sheppard

January 03, 2019

Applicants appealed from the Motor Vehicle Commission's final decision denying their application for a used motor vehicle dealer license.
New Jersey Law Journal |Commentary

Automatic Driver's License Suspension for Unpaid Child Support is Unfair

Law Journal Editorial Board | January 02, 2019

Responding to Congressional pressure and the problem of substantial delinquencies in court-ordered child support payments—much of it owed to the…
Delaware Law Weekly |Case Digests

Malik v. Berryhill

January 02, 2019

The decision of an administrative law judge denying plaintiff's claim for Social Security disability benefits was supported by substantial evidence.
New Jersey Law Journal |Case Digests

In the Matter of Curtis Diaz

January 02, 2019

Diaz, a corrections officer with the Mercer County Department of Public Safety, appealed a final agency decision of the Civil Service Commission.
The Legal Intelligencer |Case Digests

Hoover v. Commonwealth, Dept. of Transp

January 01, 2019

While licensee failed to show a likelihood of success in his appeal from the suspension of his driver's license for failure to submit to chemical testing, the court exercised its discretion to stay the suspension pending the outcome of his appeal where licensee made a strong showing of the three other Witmer elements necessary for supersedeas relief. The court granted licensee's request for supersedeas relief.
Connecticut Law Tribune |Case Digests

Grace Farms Found., Inc. v. Planning & Zoning Comm'n of the Town of New Canaan

December 31, 2018

Court Denies Injunction to Intervenors in Administrative Appeal Who Sought to Enjoin Activities at Issue in Administrative Proceedings Rather Than Joining Existing Case About Propriety of Administrative Ruling That Allowed the Activity
Connecticut Law Tribune |Case Digests

Complaint by Jacobs

December 31, 2018

General Election Petition Signatures May Not Be Counted As Primary Election Petition Signatures
New Jersey Law Journal |Case Digests

Milsted v. Local Fin. Bd.

December 28, 2018

Petitioner Esther Milsted, who served as the Chief Public Defender for the City of Hoboken appealed a final decision of the Local Finance Board of the Department of Community Affairs, which imposed a $100 fine on Milsted for violating the Local Government Ethics Law, by failing to file a Financial Disclosure Statement.
New Jersey Law Journal |Case Digests

Osinuga v. Bd. of Review, Dep't of Labor

December 26, 2018

Mobolaji Osinuga appealed a final agency decision of the Board of Review of the Department of Labor and Workforce Development that denied his application for unemployment benefits.
Delaware Law Weekly |Case Digests

Holben v. Pepsi Bottling Ventures, LLC

December 26, 2018

An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.
The Legal Intelligencer |Case Digests

Renaissance Real Estate Holdings, L.P. v. City of Philadelphia Bd. of Adjustment

December 25, 2018

The trial court did not err in affirming a zoning board's finding that applicant's proposed demolition of an existing, non-conforming structure located in a City of Philadelphia RSA-3 residential zoning district would extinguish applicant's right to reconstruct the dwelling in the manner of the pre-existing non-conforming use. The commonwealth court affirmed the trial court's decision.
The Legal Intelligencer |Case Digests

Cent. Dauphin Sch. Dist. v. Hawkins et al

December 25, 2018

The Central Dauphin School District failed to establish that a video of a confrontation on a school bus was directly related to a student, as required by the definition of an "education record" for purposes of the federal Family Educational Rights and Privacy Act, or maintained in a manner contemplated by the act such that the video was exempt from disclosure under the Right-to-know Law. The commonwealth court affirmed the trial court's decision.
The Legal Intelligencer |Case Digests

Taylor v. Commonwealth Dept. of Transp.

December 25, 2018

The trial court properly applied the factors in Gingrich v. Dept. of Transportation and clarified in Middaugh v. Dept. of Transportation in concluding that the suspension of licensee's driving privileges due to a DUI conviction from more than three years prior must be vacated due to extraordinary delay in reporting. The commonwealth court affirmed a trial court order sustaining licensee's appeal.
The Legal Intelligencer |Case Digests

O'Connor v. PA Dep't of Transp.

December 25, 2018

Trial court properly reinstated licensee's license suspension because the DL-21 form containing the conviction information was electronically transmitted to the department by the clerk of court in accordance with the vehicle code and rule 771(A) and the trial court properly admitted it as prima facie evidence of licensee's DUI conviction. Affirmed.
New York Law Journal |Case Digests

New York State Rifle & Pistol Ass'n Inc. v. Beach

December 21, 2018

'Proper Cause' Requirement for License to Carry Handgun for Self-Defense Not Satisfied
New York Law Journal |Case Digests

Alom v. Whitaker

December 21, 2018

BIA Erred in Applying Only Clear Error Review on Issue of Good Faith Marriage Waiver
New Jersey Law Journal |Case Digests

Byrne v. Bd. of Review

December 21, 2018

Petitioner appealed the denial of unemployment compensation benefits.
National Law Journal |

Trump EEOC Nominee Daniel Gade Says He Withdrew Amid 'Political Mess'

Erin Mulvaney | December 20, 2018

“I'm willing to serve but the process of being confirmed should not be so painful that it causes good people to run away,” Gade told the NLJ in an interview. “The EEOC is way too important to leave unfilled at the commissioner level."
National Law Journal |

EEOC Braces for Bottleneck as 3 Nominees Languish

Erin Mulvaney | December 20, 2018

“Much of the core enforcement work will remain in place, but there will be delays in addressing some of the larger issues,” former Obama-era EEOC chair Jenny Yang said.
New York Law Journal |Case Digests

Saget v. Trump

December 20, 2018

Decision Terminating Protected Status for Haiti Plausibly Violates APA, Fifth Amendment
New Jersey Law Journal |Case Digests

M.P. v. Div. of Med. Assistance & Health Serv.

December 20, 2018

Petitioner appealed the denial of Medicaid benefits.
National Law Journal |

Ex-Brownstein Hyatt Lobbyist Poised to Lead U.S. Interior After Zinke Departs

Mike Scarcella | C. Ryan Barber | December 18, 2018

Bernhardt, who led Brownstein's natural resources law practice, last year reported on a financial disclosure receiving $953,085 in partnership income from the firm, one of Washington's top lobbying outfits.
Delaware Law Weekly |News

Del. Court Clerk Who Emailed Zuckerberg Seeking Business Aid Was Dismissed for Cause, Court Rules

Tom McParland | December 18, 2018

Superior Court Judge Andrea L. Rocanelli ruled last week that Donna White, a court clerk for the Court of Chancery in Wilmington, had been terminated for "just cause" for using her state email account in 2017 to solicit Zuckerberg's help for an unspecified "product" that she was developing.
Law.com |News

Court Clerk Loses Benefits after Emailing Mark Zuckerberg

Tom McParland | December 18, 2018

A Delaware Superior Court judge has ruled that a clerk for the Court of Chancery in Wilmington was terminated for "just cause" for using her state email account in 2017 to solicit the Facebook CEO's help for an unspecified "product" she was developing.
Litigation Daily |News

Delaware Court Clerk Loses Benefits after Emailing Mark Zuckerberg

Tom McParland | December 18, 2018

A Delaware Superior Court judge has ruled that a clerk for the Court of Chancery in Wilmington was terminated for "just cause" for using her state email account in 2017 to solicit the Facebook CEO's help for an unspecified "product" she was developing.
Daily Business Review |News

New Fish and Wildlife Commission Rules Loom for Shark Fishing

Jim Turner | December 13, 2018

The Florida Fish and Wildlife Conservation Commission agreed Wednesday to place a number of shark-fishing changes on its February agenda.
Supreme Court Brief |

Pratik Shah Looks Back and Ahead | Smile for the Digitized Composite | 'Auer' Is Nigh

Tony Mauro | Marcia Coyle | December 12, 2018

Akin Gump's Pratik Shah talks about hot-button cases, the growth of Justice Gorsuch and changing dynamics at the high court. Plus: the history of the Supreme Court's annual class photo, and scroll down for our SCOTUS headline roundup. Thanks for reading!
National Law Journal |News

Supreme Court Tees Up Major Challenge to Power of Federal Regulators

Tony Mauro | December 10, 2018

The court's action could also signal its future interest in reviewing the "Chevron" doctrine, which called for judicial deference to agency interpretations, also a nemesis for conservatives.
Daily Business Review |News

Judge Backs Revoking Nursing Home License After Irma Deaths

Jim Saunders | December 04, 2018

Judge Mary Li Creasy, in a 94-page recommended order, traced a three-day chain of events that started when the Hurricane Irma knocked out the air-conditioning system at The Rehabilitation Center at Hollywood Hills.
New York Law Journal |Analysis

Court of Appeals Upholds Challenge to Executive Order 38 Limiting Executive Compensation

Francis J. Serbaroli | November 26, 2018

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig discusses the recent decision by New York's Court of Appeals voiding certain regulations issued by the Department of Health pursuant to Governor Andrew Cuomo's Executive Order 38. The court determined that the regulations, which limited the amount of compensation that could be paid to executives of health care providers and managed care plans with significant Medicaid revenues, were the province of the Legislature and not the Department of Health.
Connecticut Law Tribune |News

Sens. Blumenthal, Whitehouse and Hirono Sue Trump Over Whitaker Appointment

C. Ryan Barber | November 19, 2018

“The U.S. Senate has not consented to Mr. Whitaker serving in any office within the federal government, let alone the highest office of the DOJ," three U.S. Senate Democrats said in a complaint Monday in Washington federal court.
National Law Journal |News

Senate Democrats Sue Trump, Challenging Whitaker's Appointment at Main Justice

C. Ryan Barber | November 19, 2018

“The U.S. Senate has not consented to Mr. Whitaker serving in any office within the federal government, let alone the highest office of the DOJ," three U.S. Senate Democrats said in a complaint Monday in Washington federal court.
New Jersey Law Journal |Analysis

Chairman Ring Setting Tone at NLRB

James J. La Rocca | November 16, 2018

In April 2018, John F. Ring became the chairman of the National Labor Relations Board, and there are signs that meaningful changes may be coming soon.
Corporate Counsel |Analysis

Corporate Whistleblower Developments and Best Practices

Jennifer L. Chunias, Morgan R. Mordecai and Emily S. Unger | November 14, 2018

The SEC continues to receive an increasing number of “tips” each year, and there have been particularly notable developments in the area of whistleblower law.
Daily Business Review |

New Boutique Firm in Tallahassee to Focus on Family and Administrative Law

Dylan Jackson | November 14, 2018

Attorneys Diana Cohn and Dwight Slater were both previously attorneys at the Florida Department of Children and Families.
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.
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 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.
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."
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.
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.
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,

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

Harnessing Data to Win More Business

From Intapp

This ebook examines how firms can leverage data and technology to build stronger client relationships, empower business development, and fuel growth.

Download Now ›
Law firms face a time and billing crossroads

From Intapp

This eBook examines the gaps and inefficiencies in the current state of timekeeping and billing at law firms.

Download Now ›
2 Sample Credit Card Authorization Forms

From LawPay

Whether you already accept credit card payments from clients or plan to, these two credit card authorization sample forms can be easily added to your intake paperwork to help protect your firm against payment disputes.

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 →

Legalweek 2019

January 28, 2019 - January 31, 2019
New York, NY

Brings together all facets of the legal profession to address the key challenges facing the industry
GlobeSt. Philadelphia 2019

February 13, 2019
Philadelphia, PA

Connect with greater Philadelphia's elite commercial real estate professionals at the largest & longest running event in area.
Trust & Estates Litigation Forum 2019

March 07, 2019 - March 09, 2019
Girona

Annual forum for the world's leading trust and estate litigators.

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.

LITIGATION ASSOCIATE ATTORNEY

Westport, Connecticut, United States

Maya Murphy is looking for a Litigation Associate Attorney for our Westport, CT office. Candidates must be admitted in CT. Excellent salary ...
Apply Now ›
IN-HOUSE CORPORATE/SEC/GOVERNANCE

Boston, Massachusetts

Leading NASDAQ technology company seeks 6+ year attorney with major law firm and in-house experience to assume principal role for all securi...
Apply Now ›
HR Manager

Washington D.C., District of Columbia, United States

Squire Patton Boggs is currently seeking an experienced Human Resource Manager for our Washington, DC office. The ideal candidate will...
Apply Now ›

CAMPBELL CAMPBELL EDWARDS & CONROY

01/18/2019
CC Web

CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. is pleased to annouce that WILL BE CAMPBELL CONROY & O'NEIL, P.C.
View Announcement ›
PILLINGER MILLER TARALLO, LLP

01/16/2019
NYLJ Web

PILLINGER MILLER TARALLO, LLP are pleased Announce New Garden City Location and Two New Attorneys
View Announcement ›
LAVIN, CEDRONE, GRAVER, BOYD & DISIPIO

01/15/2019
TLI Web

Lavin, Cedrone, Graver, Boyd & DiSipio are pleased to announce that effective January 1,2019 the firm has changed its name to Lavin, Cedrone, Graver, Boyd & Disipio.
View Announcement ›

Professional Announcements →

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.