On May 30, 2001, the Supreme Court decided Packard-Bamberger & Co. v. Collier, 167 N.J. 427 (2001). Writing for a unanimous Court, Justice Verniero held that a corporate director who had also acted as counsel to the corporation could be liable for an award of attorneys’ fees in an attorney misconduct action against him by that corporation and a shareholder. The attorney was found to have engaged in intentional misconduct by failing to disclose a third party’s offer to purchase corporate property, and by assisting another director in purchasing stock that the corporation also...

Mauthe, M.D., P.C. v. Optum Inc., ___ F.3d ___ (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a database that they sell to various entities. To keep the database current, defendants send unsolicited faxes to listed providers, asking them to respond and correct any inaccurate information. Defendants’ faxes explain that, and say that “This is not an attempt to sell you anything.” Plaintiff filed a putative class action under the Telephone Consumer Protection Act, 47 U.S.C. 227...

The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass’n, ___ N.J. Super. ___ (App. Div. 2019). Today’s decision by Judge Gibbons Whipple focuses on the question of “whether the Port Authority, as a bi-state public corporate instrumentality, is subject to New Jersey arbitration law.” The issue arose in the context of an arbitration of a grievance filed by a member of the defendant union regarding whether his absence from work was to be treated as sick leave or injury in the line of duty. The relevant...