State & Local Government

Delaware Business Court Insider |Commentary

Chancery Provides Further Guidance on the Measurement of Synergies in Appraisal Actions

P. Clarkson Collins Jr. | November 14, 2018

The Delaware Supreme Court's two recent decisions in Dell and DFC strongly endorsed the application of market efficiency principles in appraisal actions, and gave virtually controlling weight to the deal price as the “best evidence” of a company's fair value where a robust sales process was conducted against the backdrop of a well-functioning market for the target's stock.

The Recorder |

Waymo's Driverless Application Is Scrubbed of Insurance Details

Cheryl Miller | November 13, 2018

It's not at all clear to me why this was redacted," said John Simpson, the privacy and technology project director at Consumer Watchdog. "I do think the policy limits and information about coverage should be available to the public.

Daily Report Online |News

Chief Justice Hines Remembered

Katheryn Tucker | November 13, 2018

“Anyone who knew Harris knew how generous, how thoughtful, how genuinely kind he was,” Gov. Nathan Deal said. “He was the type of person you couldn't help but like—something most lawyers would love to be.”

New Jersey Law Journal |News

Janssen Sued by NJ Over Opioid Sales, Marketing Practices

Michael Booth | November 13, 2018

The state of New Jersey has filed a lawsuit against Janssen Pharmaceuticals claiming the company used deceptive practices in the sale of two powerful opioids, Nucynta and Nucynta ER. The company is denying those claims.

Event

Daily Business Review |Event

Slideshow: Investiture of Judge Spencer Multack

J. Albert Diaz | November 13, 2018

Spencer Multack was sworn in as a circuit court judge of the Eleventh Judicial Circuit of Florida.

Daily Business Review |

This Law Group is Providing a 'Playbook for Resistance in the Time of Trump'

Zach Schlein | November 13, 2018

Our Fund Foundation, a South Florida philanthropy group, partnered with Lambda Legal for the eighth annual Fall LGBTQ Leadership Forum in Fort Lauderdale Monday night. Panelists discussed the rise of hard-right judicial appointees to the federal bench, and securing legal victories for queer clients in a time of immense uncertainty.

Daily Report Online |News

Federal Judge Orders More Rejected Absentee Ballots Validated

R. Robin McDonald | November 13, 2018

U.S. District Judge Leigh May has ordered Gwinnett County to verify any absentee ballots rejected because of an incorrect or omitted birth year, saying that to do so violates state and federal law.

New Jersey Law Journal |News

Bad Alcotest Calibrations Invalidate More Than 20,000 DWI Charges

Michael Booth | November 13, 2018

In a unanimous ruling on Tuesday, the court said that the technician's failure to properly calibrate the breath-test machines means that 20,667 cases must be either retried, in the case of convictions, or perhaps abandoned, if they are still pending.

Daily Business Review |Commentary

Questions to Consider Before Entering Into Your Next Business Contract

Kelly A. Schulz | November 13, 2018

It seems axiomatic that one must plan ahead when entering into a business contract, but too often contracting parties overlook the basics which could become the focus of a future contract dispute.

The Legal Intelligencer |Commentary

Updates on the Potential Changes to US Immigration

Michele G. Madera | November 13, 2018

Today's article will provide an update on those proposed changes and explain the many other immigration policy updates and enforcement actions we have seen so far in 2018.

Daily Report Online |News

Secretary of State Ordered to Review All Provisional Ballots, Postpone Certifying Election

R. Robin McDonald | November 13, 2018

U.S. District Judge Amy Totenberg ordered Georgia's new secretary of state to direct all Georgia counties with more than 100 provisional ballots, including 92 counties that have already certified their results, to "engage in a good faith review" of the eligibility of the voters who cast them. The order could expand the pool of valid ballots that remain to be counted by thousands. She also postponed certification of the midterm election results until as late as Nov. 20 and no earlier than Friday.

Daily Business Review |News

South Beach Tourist Mecca Looks at Taxing District for Security, Sanitation

Lidia Dinkova | November 13, 2018

The proposed district would be on tourist-heavy stretches of Ocean Drive and Collins Avenue.

The Legal Intelligencer |News

Former Nutter Administration Official Charged With Theft of City Funds

P.J. D'Annunzio | November 13, 2018

The Pennsylvania Attorney General's Office on Tuesday announced charges against Desiree Peterkin-Bell, a former official in Philadelphia Mayor Michael Nutter's administration, for allegedly misappropriating nearly a quarter-million dollars in taxpayer funds.

The Recorder |News

Plaintiffs Firms Gear Up for Camp Fire Litigation

Cheryl Miller | November 12, 2018

Plaintiffs firms, some already battling utilities over their possible roles in California's past rash of deadly wildfires, are preparing to sue Pacific Gas and Electric Co. in the coming days over catastrophic damage caused by the Camp Fire.

The Recorder |Expert Opinion

What Will a Governor Newsom Mean for California Employers?

Benjamin M. Ebbink | November 12, 2018

While much of the attention this midterm election has been focused on Congress and federal issues, California employers know all too well that employment and labor policy is largely being driven at the state and local level.

New Jersey Law Journal |Commentary

Lawmakers, Be Cautious With Bill Targeting Employee Noncompete Agreements

Law Journal Editorial Board | November 12, 2018

This is an extremely important statute, revamping, modifying and to some extent nullifying judicial precedent. As far as we can determine, it has received little publicity and no testimony pro or con, during committee hearings. Before passage, our legislators should stop, look and listen.

Daily Business Review |Commentary

Treasury and IRS Provide Clarity on Valuable Opportunity Zone Tax Incentive

Logan E. Gans | November 12, 2018

As investors sell their real estate or other assets, they are searching for tax-efficient strategies to redeploy their capital. On Oct. 19, proposed regulations and other guidance were released concerning the tax incentive for investing in “Opportunity Zones,” which could be an advantageous approach for many taxpayers.

New Jersey Law Journal |

BAR REPORT - The New Jersey Supreme Court Virtual Museum: An interactive, educational experience that's free and always available

New Jersey State Bar Association | November 12, 2018

State Supreme Court launches virtual museum

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | November 12, 2018

Legislators discuss cannabis at NJSBA Mid-Year Meeting

Daily Business Review |News

Florida AG Pam Bondi Criticizes State Officials Over Voting Recount

Zach Schlein | November 12, 2018

On Sunday, Bondi published letters sent to Florida Department of Law Enforcement Commissioner Rick Swearingen and Secretary of State Ken Detzner, chastizing them for not investigating purported voting problems in Broward and Palm Beach counties.

Daily Report Online |News

Read the Lawsuit: Abrams Files New Litigation

Jay Reeves, Associated Press | November 11, 2018

Kemp aides previously said Abrams has no path to victory and called her refusal to concede a "disgrace to democracy."

The Legal Intelligencer |Commentary

In the Post-'Tincher' World, Is a Plaintiff's Comparative Fault a Defense?

Larry E. Coben | November 11, 2018

When Pennsylvania judicially adopted strict liability in tort for the manufacture, sale or lease of a defective product, it embraced Section 402A of the Restatement of Torts 2d.

The Legal Intelligencer |Commentary

Looking at Child Sexual Abuse Through a Two-Year Window

Christopher Munley | November 10, 2018

On Aug. 14, the Pennsylvania Attorney General's office released a grand jury report (report) on Catholic clergy sexual abuse after a two-year investigation that revealed that more than 300 priests sexually abused more than 1,000 children over seven decades in six of the state's eight Roman Catholic dioceses.

Daily Report Online |News

'Major Victory' or 'Desperate Ploy,' Judge Extends Deadline for Absentee Ballots Posted in Dougherty County

Greg Land | November 09, 2018

The campaign of candidate Brian Kemp blasted the Dougherty lawsuit as a "desperate ploy by the Abrams team to steal the election."

Daily Business Review |

Broward Judge Orders Immediate Release of Voter Records in Rick Scott-Bill Nelson Race

Zach Schlein | November 09, 2018

The ruling follows a request for an emergency hearing by Gov. Rick Scott's senate campaign.

Delaware Law Weekly |News

Election Results Bolster Number of Lawyers in Delaware's General Assembly

Tom McParland | November 09, 2018

Tuesday's general election brought two new attorneys and a few shakeups to Dover, as Democrats tightened their grip on the General Assembly.

The Recorder |News

Calif. Governor-Elect Names Boies Schiller's Ann O'Leary Chief of Staff

Cheryl Miller | November 09, 2018

O'Leary, the former senior policy adviser to Democratic presidential nominee Hillary Clinton, joined Boies Schiller's Palo Alto office in 2017.

The Legal Intelligencer |News

Democrats Win US House Seats, Races for Governor, US Senate

The Associated Press | November 09, 2018

Pennsylvania elected a state record four women to the U.S. House on Nov. 6 as Democrats smashed the state's all-male congressional delegation, picked up three seats in the chamber and ousted a three-term Republican.

New Jersey Law Journal |

NJ Litigator Tapped to Serve as New Alcoholic Beverage Control Director

Michael Booth | November 09, 2018

James Graziano of Graziano, Piasecki & Whitelaw in Middlesex will begin serving as acting director Nov. 26. Gov. Phil Murphy was expected to formally nominate Graziano to the position, subject to the advice and consent of the state Senate.

New Jersey Law Journal |News

'Notarios' Targeted With Civil Claims for Improperly Offering Immigration Advice

Michael Booth | November 09, 2018

The division announced Nov. 9 that it had issues notices of violation against 28 business in northern New Jersey that it said have improperly offered immigration advice to noncitizens.

New York Law Journal |News

NY Appeals Judges Say Trial Courts Should Act to Quell Appeal Waiver Challenges

Andrew Denney | November 09, 2018

Two justices from the Appellate Division, Second Department issued separate signed opinions in which both said that trial court judges should take extra steps to ensure that defendants are knowingly and intelligently waiving their appeal rights.

Slideshow News

Daily Business Review |Slideshow News

Big Law Mustering for Suit Over Florida Recount in Race Between Rick Scott and Bill Nelson

Zach Schlein | November 09, 2018

Greenberg Traurig, GrayRobinson and Holland & Knight are among the law firms joining the litigation over recounts in Florida's gubernatorial and senate races.

The Legal Intelligencer |News

Capitol Report

Michael Riccardi | November 09, 2018

Following is a listing of executive and public policy action from the week of Nov. 5. The General Assembly was in recess. The state House of Representatives was scheduled to go back to session on Tuesday. The Pennsylvania Senate's next scheduled session day is Wednesday.

The Legal Intelligencer |Commentary

Governmental Immunity and the Sidewalk Covering the Storm Drain

Virginia King | November 09, 2018

Exterior premises liability cases usually begin with the premise that the owner of the property abutting the sidewalk has primary responsibility for the sidewalk, while the municipality's liability is secondary.

Daily Business Review |News Update

READ: Florida Gov. Rick Scott's Lawsuits Over Election Recount in Senate Race Against Bill Nelson

Zach Schlein | November 09, 2018

The Scott campaign has filed lawsuits against the supervisors of election for Palm Beach and Broward Counties.

Law.com |

Higher Law: Cannabis at the Polls: Some Midterm Takeaways | Marijuana Lobbying Updates | In the Weeds

Cheryl Miller | November 08, 2018

This week, we look at what Tuesday's election results mean for the cannabis industry. Plus, third quarter lobbying results are rolling in, and political advocates for regulated markets have been quite busy. Thanks for reading Higher Law.

Connecticut Law Tribune |

Higher Law: Pot at the Polls, Midterm Takeaways and Lobbying Updates

Cheryl Miller | November 08, 2018

This week, we look at what Tuesday's election results mean for the cannabis industry. Plus, third quarter lobbying results are rolling in, and political advocates for regulated markets have been quite busy. Thanks for reading Higher Law.

Daily Report Online |News

After Two Mistrials, DeKalb Jury Clears Siblings of Shooting, Robbing Store Clerk

Greg Land | November 08, 2018

The hard-fought case against brother-sister defendants was tried three times before a jury voted to acquit them. One day earlier, another DeKalb jury cleared a pair of defendants of murder charges in a drug-related shooting.

The Legal Intelligencer |News

Scuttling of Sex Abuse Bill Seen as Factor Fueling Democratic Wins in Pa. Senate

Max Mitchell | November 08, 2018

Anti-Trump sentiment in suburban districts, combined with the Senate's failure to vote on a bill opening a window for sex abuse victims to access court, helped cut into a massive GOP majority.

New Jersey Law Journal |News

Court Censures Ocean County Judge Who Griped About Child Support Payments to Staff

Michael Booth | November 08, 2018

"Though there is no indication that any influence was actually exerted, the mere fact that such a potential exists constitutes a misuse of the judicial office in violation of the Code of Judicial Conduct," the ACJC said in the case.

The Legal Intelligencer |Commentary

Sincerely Held Secular Beliefs Do Not Qualify for Religious Exemption From Flu Shot Policy

Stephen A. Antonelli | November 08, 2018

Employers that mandate flu vaccinations should be sure to allow employees to request exemptions to their flu shot policies for medical reasons, including but not limited to, allergies to the vaccine or its components or a history of Guillain-Barré syndrome.

Daily Report Online |News

Abrams' Lawyers Threaten Litigation Over Uncounted Ballots

Greg Land | November 08, 2018

Abrams' legal team said they have already drafted litigation against Dougherty County election officials over problems with absentee ballots and are prepared to go to court wherever necessary to ensure that every vote is counted.

Daily Report Online |News

Updated: Attorney Who Sued the State GOP for Libel Wins State House Race

R. Robin McDonald | November 08, 2018

Democrat Josh McLaurin flipped the Sandy Springs state House seat held for a decade by Wendell Willard, a Republican attorney who chaired the Judiciary Committee.

The Legal Intelligencer |News

Former Phila. DA, Other Legal Heavyweights to Oversee Archdiocese's Victim Reparations Fund

P.J. D'Annunzio | Max Mitchell | November 08, 2018

The Archdiocese of Philadelphia has established an out-of-court compensation fund for the victims of clergy sexual abuse, to be overseen by a cadre of former government officials, including onetime interim Philadelphia District Attorney Kelley Hodge.

Daily Business Review |News

Not Another Florida Recount! This One Should Be Smoother

Gary Fineout and Terry Spencer | November 08, 2018

The race was too close to call and Gov. Rick Scott's lead as of Wednesday evening was about 30,000 votes out of more than 8.1 million cast, a margin of less than one-half of 1 percent.

New York Law Journal |News

Former AG Schneiderman Will Not Be Criminally Charged Over Abuse Allegations

Dan M. Clark | Colby Hamilton | November 08, 2018

Schneiderman said in a statement responding to Singas' decision not to bring charges that he spent time in a rehab facility following his resignation and that he acknowledges his conduct with the women was wrong.

Daily Report Online |News

Kemp Resigns as Secretary of State as Hearing Begins on Suit Challenging His Election Duties

Bill Barrow and Kate Brumback, Associated Press | November 08, 2018

The announcement came during a hearing before Judge Billy Ray of the U.S. District Court concerning a suit brought by five voters late Tuesday afternoon asking for Kemp to be blocked from involvement in presiding over an election in which he is a participant.

The Legal Intelligencer |Commentary

The Potential Impact of Smartphones, Wearable Tech in Personal Injury Cases

Vikram Subramanian and Jay Evans | November 08, 2018

At least one in six American consumers own and use wearable technology—watches and fitness monitors that allow the compilation and exchange of data without the user's involvement—based on a 2016 study cited in Forbes.

The Legal Intelligencer |Commentary

Over-the-Top Promotion of OTC Drugs—Is It a Good Idea?

Catelyn McDonough | November 08, 2018

Whether it's a headache, occasional heartburn or runny nose, we all know the routine: stop by the local drugstore on the way home and pick up some over-the-counter (OTC) medicine.

Daily Business Review |News

Florida Passes Amendment to Restore Felons' Voting Rights

Tamara Lush | November 08, 2018

“The battle for the hearts and minds for those 1.4 million voters has officially begun,” said Neil Volz of the Florida Rights Restoration Coalition.

National Law Journal |News

Missouri's Josh Hawley Will Be Next Former SCOTUS Clerk in US Senate

Tony Mauro | November 08, 2018

"As I look back at that, just to be part of that, showed me the significance of what goes on at the Supreme Court and led to my desire to practice at that court and to be involved there ever since,” Hawley said.

New Jersey Law Journal |News

Appeals Court Affirms 7-Year Sentence for Disbarred Attorney in $100K Theft Case

Michael Booth | November 07, 2018

A three-judge Appellate Division panel in an unpublished decision brushed aside a slew of objections raised by the ex-lawyer, Eugene Lavergne, to how his 2014 trial was handled.

The Recorder |

Governor Brown's Still Mum on 14-Month Supreme Court Vacancy

Cheryl Miller | November 07, 2018

"I find I never regret an appointment I didn't make," Brown said Wednesday.

Daily Report Online |News

Carr Elected to Full Term as State AG

Kristen Rasmussen | November 07, 2018

Republican attorney general Chris Carr secured his first election victory and four-year term on Tuesday, narrowly defeating Democrat Charlie Bailey.

New York Law Journal |Analysis

Legal Tools for Cities to Cope With Extreme Heat

Michael B. Gerrard and Edward McTiernan | November 07, 2018

Environmental Law columnists Michael B. Gerrard and Edward McTiernan write: Heat causes more deaths in the U.S. than any other natural hazard—more than floods, hurricanes, or tornadoes. As a result of climate change, it is getting worse. This column discusses legal tools that could help cities and their residents cope with this dangerous phenomenon.

The Legal Intelligencer |News

Pa. Lawyers Win in Closely Watched Congressional Races

Max Mitchell | November 07, 2018

Out of 18 contested congressional seats, Pennsylvania voters elected seven attorneys to represent them in Washington.

Daily Report Online |News

Voters Shoot Down Eagle's Landing, Moot Federal & State Supreme Court Challenges

Greg Land | November 07, 2018

A resounding "no" vote nixed the prospects for a fifth city in Henry County and defused legal challenges pending at the Georgia Supreme Court and U.S. District Court in Atlanta.

New Jersey Law Journal |News

Fee-Shifting Sought on Open Public Meeting Act Claims in Trenton Board of Ed. Case

Michael Booth | November 07, 2018

In what appears to be a novel theory, a New Jersey open government activist is asking a judge to rule that when public agencies violate the state's Open Public Meetings Act, they could be forced to pay complainants' counsel fees under the state Civil Rights Act's fee-shifting provision.

The Recorder |

Xavier Becerra Wins Four-Year Term as Attorney General

Cheryl Miller | November 07, 2018

Becerra commanded a huge fundraising advantage, taking in more than $7.3 million in campaign donations since January 2017. His Republican challenger had raised $538,000 over the same time period.

Daily Report Online |News

Voters Keep Carr as AG and Approve New Statewide Business Court

Jonathan Ringel | November 07, 2018

It wasn't clear Wednesday morning who—Brian Kemp or Stacey Abrams—will be the governor to appoint the new business court judges.

Daily Report Online |News

Deal Will Use Old Short Lists to Fill Appeals Court Seat

Jonathan Ringel | November 07, 2018

Fifteen candidates, including five from the Atlanta Judicial Circuit, remain on the short lists.

Daily Business Review |News

Court Weighs Nursing Home Request for Death Records

Jim Saunders | November 07, 2018

The dispute, which involves questions about how public records should be handled, has drawn particular attention because the request for death certificates was made by The Rehabilitation Center at Hollywood Hills, a facility where residents died after the hurricane.

National Law Journal |News

Michigan Becomes 10th State to Legalize Recreational Marijuana

Cheryl Miller | November 07, 2018

"We hope the results of this election will inspire Congress to finally start addressing the tension that exists between state and federal marijuana laws in our nation," Steve Hawkins, executive director of the Marijuana Policy Project, says.