New Jersey Law Journal

Miscommunication Leads to Briefing Errors, Sanctions for Managing Attorney in Wrongful Termination Case

Fri, 03 Apr 2026 17:12:36 EST

“The court might have avoided a hearing—and Mr. Mott might have avoided monetary sanctions—had he promptly conducted a thorough inquiry and provided the court with a holistic and accurate representation of the facts the first time he was ordered to do so, the federal judge said.

On the Move and After Hours: Sarno da Costa; CSG Law; FBT Gibbons; Bressler Amery

Thu, 02 Apr 2026 23:59:59 EST

Sarno da Costa D'Aniello Maceri Webb grows its Morristown office with the addition of Tanya N. Helfand, Amos Gern, Christopher Leon Garibian, Jacqueline N. Pivawer, and John T. Brost, and more moves.

Revived Casino Smoking Ban Challenge Gives Courts Chance to 'Breathe Life' Back Into Bar on Special Laws

Fri, 03 Apr 2026 11:18:57 EST

By aligning the rigors of Special Legislation analysis with our celebrated Equal Protection jurisprudence, the court can ensure that structural checks against favoritism are as resilient as our protections for individual liberties.

The SAVE Act Breaks with History. Pending NJ Legislation Would Restore It.

Fri, 03 Apr 2026 11:18:37 EST

At a moment when Washington is flirting with a federalism blind experiment in voter restriction, New Jersey is doing something far more radical: it is honoring the Constitution.

No Forewarning Necessary? The AI Line the Courts Are Drawing—And Why It Won't Stay Put

Fri, 03 Apr 2026 10:29:59 EST

The law has always evolved alongside its tools. From typewriters to online databases, each shift has required adjustment. AI is no different in that respect. What is different is the speed and scale of the change.

NJ Law Firms See Promise in Delaware, Spurred by Changing Demand for Bankruptcy Work

Thu, 02 Apr 2026 20:45:27 EST

Connell Foley, Lowenstein Sandler and FBT Gibbons have either opened new offices or bulked up their presence in the First State since the start of the year.

$10M Settlement: No One Thought This Case Was Worth Much

Thu, 02 Apr 2026 17:25:03 EST

Colleagues tried to persuade Paul da Costa to avoid the suit over the death of a disabled child, but he was convinced it was worth at least $10 million. Here's how he got just that for his clients.

Pro-Palestine Activist Asks Judge Emil Bove to Recuse in Immigration Case

Thu, 02 Apr 2026 15:51:58 EST

In a motion to recuse filed Wednesday, Mahmoud Khalil's attorneys said Bove's participation would create at least an appearance of a conflict of interest as he was acting deputy U.S. attorney general before joining the U.S. Court of Appeals for the Third Circuit.

Immigration Leverage in Divorce: When Power Imbalances Become Legal Issues

Thu, 02 Apr 2026 11:29:59 EST

Recognizing when immigration status is being used to exert pressure or silence a spouse and responding effectively within the existing legal framework are essential to modern family law advocacy.

NJ Appellate Ruling Emphasizes Broad Applicability of Anti-SLAPP Law, Attorneys Say

Thu, 02 Apr 2026 11:14:48 EST

“This is not the typical case you think of [for UPEPA]. Everyone thinks of a defamation case being the prototype, attorney Zachary D. Wellbrock of Anselmi & Carvelli said. “But one thing that the court here notes, in different context, but they note it's not just the label that someone puts on their claim.

Would Robert Frazer Defy Trump? Questions Arise Amid Lawmaker's Prosecution

Wed, 01 Apr 2026 17:16:20 EST

Regarding U.S. Attorney Robert Frazer's independence from President Donald Trump, Rutgers Law School professor Thea Johnson said, "You need a US Attorney's Office that can prosecute crime effectively. I'm hopeful that maybe we can get back to a US Attorney's Office that can do that, but I also think we have absolutely no idea how it will play out until we've had some opportunity to see what kinds of decisions [Frazer] makes and how the president responds to those decisions."

It's Not Over: The Law Lesson Behind EEOC's $15M Recovery

Wed, 01 Apr 2026 10:13:14 EST

The large volume of employee suits over mandatory vaccine policies show the importance of trying hard to accommodate workers' disabilities, rather than firing them, said Amanda Fugazy, an employment lawyer at Ellenoff Grossman & Schole in New York.

Legal Impact of 2 Social Media Verdicts: 'A Road Map to Beating the Big Tech Companies'

Tue, 31 Mar 2026 15:00:50 EST

Last week's $375 million verdict against Meta Platforms in New Mexico, and $6 million jury award against Meta and YouTube, owned by Google, were the first to use new legal theories to blame social media on harm to children.

Habba Gets Redo in Effort to Toss Malicious Prosecution Claim Against Her Former Firm, Appellate Court Rules

Tue, 31 Mar 2026 13:11:45 EST

Appellate Division sided with the former top prosecutor and her former law firm, disagreeing with a Somerset County trial court's rationale that the 2023 anti-SLAPP law did not apply to a malicious prosecution case from plaintiff Michael A. Moroney.

Why Golf and Business Development Go Hand in Hand (and Not for the Reasons You Think)

Tue, 31 Mar 2026 10:29:59 EST

Most attorneys think golf is a business tool because of who you play with. But the truth is, golf is a business development tool because of who it forces you to become.

Lowenstein Sandler Launches in Delaware With Debtor-Side Bankruptcy Practice

Mon, 30 Mar 2026 17:17:53 EST

Former Polsinelli bankruptcy co-chair Christopher Ward will lead the new office.

Groups Urge SCOTUS to Hear New Jersey Bar Association Affirmative-Action Suit

Mon, 30 Mar 2026 16:42:16 EST

Petitioner Rajeh Saadeh urges the high court to take his case because lower courts ruled that the bar association's policy of reserving leadership positions for members of minority groups was allowed on First Amendment grounds.

Recent Decisions on Attorney Liability to Non-Clients in Estate Planning

Mon, 30 Mar 2026 15:44:59 EST

When the client has died and something may have gone wrong, can a disappointed beneficiary sue the attorney? This question goes to the heart of where an attorney's loyalty lies, what an attorney can reasonably be expected to anticipate, and how far professional liability should extend into relationships the attorney never undertook.

NJ Judge Slashes $35M Suit Against Gibbons, but Legal Mal Count Remains

Mon, 30 Mar 2026 15:24:37 EST

The case alleges the firm missed the deadline to appeal the judgment to the U.S. Court of Appeals for the Third Circuit.

'No Forewarning Necessary': Divided 3rd Circuit Weighs Discipline for Attorney's Use of AI Hallucinations

Mon, 30 Mar 2026 13:44:03 EST

The dissenting judge said that the majority doesn't need to warn attorneys to use artificial intelligence responsibly, opining that "[n]o forewarning is necessary when it is clear what standard the attorney was required to follow."

Bike Collision Results in $1.5M Settlement

Mon, 30 Mar 2026 11:00:13 EST

At the time of the accident, the plaintiff was a high-performing athlete who ran and competed in cycling competitions, in which he medaled and bicycled 300 to 400 miles a month.

U.S. Attorney Will Seek Superseding Indictments in Cases Signed by Habba

Fri, 27 Mar 2026 15:29:40 EST

Some observers are viewing it as a victory for the rule of law, now that the U.S. Attorney's Office plans to re-indict some defendants because Alina Habba signed off on their cases.

On the Move and After Hours: Porzio; Cooper Levenson; Trenk Isabel; Duane Morris

Thu, 26 Mar 2026 23:59:59 EST

Porzio, Bromberg & Newman announced that Tara Schellhorn has joined the firm's bankruptcy and financial restructuring department, and more moves.

Lawyers' Duty to Supervise Nonlawyers

Fri, 27 Mar 2026 11:00:02 EST

We imagine that all those affiliated nonlawyers are affirmatively instructed to respect client confidentiality and attorney-client privilege. But a recent published opinion from the appellate division reminds us that a lawyer's duty to supervise affiliated nonlawyers extends far beyond the basics.

Federal and NJ Rights to Counsel During Breaks in Criminal Trials

Fri, 27 Mar 2026 10:59:06 EST

Until our Supreme Court takes up the question of whether to adopt 'Perry v. Leeke,' there will be confusion in the ranks.

The Second Scam Is the One That Should Terrify You

Fri, 27 Mar 2026 09:59:59 EST

The second scam works because it does not start from zero. It starts from trust that has already been broken.

Women Still Earn Less—and That Puts Employers at Risk

Thu, 26 Mar 2026 16:34:50 EST

For the first time since the 1990s, the gender pay gap grew slightly in the U.S. in 2026, providing a wake-up call to employers and litigators. But on the local level, some states with pay-transparency laws—and others with no such laws—have succeeded in closing the gap.

Frost Brown Todd's Revenue Spiked by 19%, In Year Leading Up to Gibbons Merger

Thu, 26 Mar 2026 16:31:24 EST

Average PEP was up by nearly 30% to $829,000 in 2025, while net income rose just over 32% to $145.7 million.

AG's Office Ethics Materials Need Review Before Disclosure Ruling, Appellate Division Says

Thu, 26 Mar 2026 15:50:30 EST

Appellate Division judges Katie A. Gummer, James R. Paganelli and Christine M. Vanek found the trial court decided the training materials would reveal legal strategy—and were thus confidential—based on the statements of two individuals connected to the training, Margaret Cotoia and Michael Walters, without examining the materials.

New Jersey's 2026 Custody Amendments: Safety First and New Limits on Alienation Claims

Thu, 26 Mar 2026 10:59:59 EST

New Jersey's revised custody statute, N.J.S.A. 9:2-4, as amended by S4510/A5761, effective January 2026, sharpens the court's framework for distinguishing legitimate child-safety concerns from unsupported claims by elevating a child's physical and emotional safety above the prior emphasis on frequent and continuing contact.

Free Speech vs. Patient Safety: 3rd Circuit Grapples With NJ Telehealth Licensing Restriction

Wed, 25 Mar 2026 15:30:44 EST

An attorney for out-of-state doctors argued that telemedicine conversations are constitutionally protected speech and not “treatments that New Jersey can reserve for in-state physicians.

Russell Lichtenstein, Cooper Levenson Executive Committee Member Passes Away at 69

Wed, 25 Mar 2026 15:14:38 EST

Lichtenstein, widely recognized for his work as a management-side employment litigator, was chair of the New Jersey midsize firm's labor and employment and casino and hospitality defense team.

Los Angeles Jurors Find Meta and YouTube Liable for Youth's Mental Health Problems, Award $6M

Wed, 25 Mar 2026 14:20:04 EST

Jurors also found Meta and YouTube acted with malice, oppression and fraud and awarded $3 million in punitive damages.

You Can't Spend Your Way Into Standing: How Appeals Courts Are Narrowing FHA Claims

Wed, 25 Mar 2026 11:14:59 EST

While district courts continue to entertain these claims, appellate courts are drawing firmer lines around Article III standing—making clear that organizations cannot simply “spend their way into federal jurisdiction. For contractors, architects, and other upstream actors, that shift may significantly narrow exposure to such suits.