Law Journal 2011-06-12 ~ lawyer,attorney,legal information
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Saturday, June 18, 2011

Y! Alert: lawjobs.com News And Views


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Even at Play, Lawyers Can Be Spotted at 50 Paces Top
Even lawyers have to recreate (as in recreation and as opposed to procreation) once in a while, notes the Rodent, but when they do, they tend to take their essential lawyer-ness with them to the playground. The Rodent discusses the telltale signs of lawyers at play.
 
Acquisition Gives Saul Ewing a Boston Presence Top
Saul Ewing is set to open its 10th office on July 1 with the acquisition of nearly all of Boston-based real estate boutique Dionne & Gass. Seven of the boutique's nine lawyers will be coming aboard to form a Boston presence for Saul Ewing in a practice area that the firm has focused on for some time.
 
It's Certified: These Law Firms Empower Women Top
The Women in Law Empowerment Forum released on Tuesday the initial list of law firms qualifying for its new Gold Standard Certification -- a designation for firms that have integrated women in top leadership positions and compensated them well. WILEF National Chairwoman Elizabeth Anne Tursi said the results show "there is still a lot of work to be done."
 
Susan Hackett to Leave Association of Corporate Counsel Top
The longtime general counsel at the Association of Corporate Counsel is leaving ACC on June 30 to start a consulting practice. Susan Hackett, who was a candidate for ACC president and CEO, has been with the organization for 22 years and is credited with helping to boost its membership to more than 26,000.
 
Ince Freezes Pay Rates for Associates Top
Ince & Co has become the latest U.K. law firm to opt out of increasing its associate pay bands for the year ahead. In a statement, the firm said it believed the freeze "balances the need to provide a value-for-money service to clients with the need to attract and retain the best lawyers."
 
The Attributes of Winning Lawyers -- Part 2 Top
Consultant Frank D'Amore discusses five more traits that are embodied by many winning lawyers, in this second part of a two-part series. Among the traits D'Amore identifies are the ability to embrace change rather than clinging to routine and the ability to bounce back after a failure.
 
Another Practice Group Leader Leaves Holme Roberts Top
Holme Roberts & Owen is losing another practice group leader, as David Strong, the chair of the Denver-based firm's tax department, moves to Morrison & Foerster. Holme Roberts, which had 192 lawyers earlier this year, has seen a raft of departures in recent months.
 
Firm's New Recruiting Program Will Let 3Ls Work Remotely Top
Nashville-based Waller Lansden Dortch & Davis will officially launch its new approach to recruiting on July 5, when it will open the application process for 3L students seeking one of 10 six-week positions as apprentices who will work remotely -- while still in law school.
 
Blank Rome Acquires Texas Litigation Boutique Top
Blank Rome is set to enter the Texas market in a more official way with the acquisition of 10-attorney litigation boutique Abrams Scott & Bickley in Houston. The deal is expected to close June 30 and will add five partners to Blank Rome and give it a permanent office in the city.
 
SNR Denton U.K. Partners Seek Pay Clarification After Move to Merit-Based System Top
SNR Denton's U.K. partners are pushing management to confirm their individual share of the firm's profits, following last month's move to merit-based pay. Some are asking whether they will be paid in dollars or pounds. Denton Wilde Sapte and Sonnenschein Nath & Rosenthal merged in September 2010.
 
Diversity Increases Among High Court Practitioners Top
The demographics of the Supreme Court bar are changing, with last month's announcement that Indian-born Sri Srinivasan was taking the reins of O'Melveny & Myers' prestigious appellate practice just the latest sign that diversity is blossoming among high court practitioners.
 
Former Ga. County Clerk With Dementia Looks to Oust Successor Top
Former DeKalb County, Ga., Superior Court Clerk Linda Carter, who suffers from temporary episodes of dementia, has now filed a writ of quo warranto to oust her successor, whom she alleges tricked her into resigning when she did not comprehend what she was doing. Carter is seeking to return as clerk.
 
Firms Still Cautious in Summer Hiring Top
Summer associate programs have not gone the way of the dodo. That's the good news for second-year law students. But firms in Atlanta are staying cautious about hiring, with the notable exception of Alston & Bird, which almost doubled its Atlanta program to 32 summer associates, up from 17 last year.
 
New White House Counsel Ruemmler Praised as Savvy, Accomplished Top
Lawyers who have served as the White House counsel have often been giants of Washington's legal establishment. And as the next counsel to President Barack Obama, 40-year-old Kathryn Ruemmler may be a giant in the making -- if she can survive the politically grueling tests she's sure to face.
 
2 Lawyers, Including Former Name Partner, Leave Thompson Wigdor After Sanction Top
Name partner Scott B. Gilly and associate Gregory N. Filosa have left Thompson Wigdor & Gilly after the firm was sanctioned by a federal judge for allowing a client whom the two attorneys represented in an employment discrimination case to conceal she had been hired at a new company for more money.
 
Should I Aim for In-House or Another Law Firm? Top
After 15 years at a litigation boutique, I need to move on. Do I go in-house or move to another firm? And any networking advice?
 
Tips on Transitioning From Accounting Firm to Law Firm? Top
I am a lawyer currently working for a Big 4 accounting firm, and I'd like to transition to a law firm and practice tax law. Is it true this is a difficult move? Any advice on making the transition easier?
 

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Y! Alert: Law Firms RSS - The Recorder


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Friday, June 17, 2011

Y! Alert: Law.com - Newswire


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A Cromwell & Goodwin Victim Speaks Out Top
In April, The Am Law Daily broke the strange story of an apparently fictitious New York law firm that authorities in the U.K. subsequently labeled a fraud. Two months later, one man who says he was duped by the fake firm is shedding light on how the scam worked.
 
Score One for Plaintiffs in Multibillion-Dollar RMBS Litigation: Judge Rakoff Grants Class Certification in Suit Against Merrill Lynch Top
In what may be a first-of-its-kind ruling, a federal judge has granted class certification in a residential mortgage-backed securities case against Merrill Lynch, green-lighting claims by investors holding $16.5 billion in face value of Merrill-issued securities.
 
Suit Alleges Students' Facebook Post Defamed Lawyer's Daughter Top
A Texas lawyer has filed a libel suit on behalf of his daughter against three middle-school students who allegedly posted a video on Facebook that included "suggestive, derogatory, inflammatory and sexually explicit statements and gestures" regarding her.
 
Sean Coffey Launches New Litigation Finance Firm with Juridica Co-Founder, Vows to Move Beyond 'Litigation Funding 1.0' Top
Securities class action heavyweight Sean Coffey is jumping into third-party litigation finance -- and he says his new firm, begun with a Juridica co-founder, will take a more active role than most funders by helping to evaluate underlying claims and mitigate risk.
 
Why Didn't the Maryland U.S. Attorney Sign the Lauren Stevens Indictment? Top
The U.S. Attorney in Maryland has refused to sign indictments against a former in-house counsel for GlaxoSmithKline because he didn't think there was enough evidence to support charges that she obstructed a federal inquiry and made false statements to investigators.
 
MoFo Ramps up Apple Infringement Suit Against Samsung over Alleged iPhone, iPad Copycats Top
A new amended complaint that Apple filed against Samsung for allegedly ripping off iPhone and iPad designs and technology threatens to blow up virtually all of the Korean manufacturer's lineup of smartphones and tablets.
 
McCourt settlement leaves control of Los Angeles Dodgers up to judge Top
Los Angeles County Superior Court Judge Scott Gordon, who is overseeing Frank and Jamie McCourt's divorce, has approved a deal that calls for Gordon to conduct a one-day trial to determine who owns the Los Angeles Dodgers baseball team.
 
Suit Against Firm Alleges Failure to Pay Overtime Top
A former Schulte Roth & Zabel technical support employee has filed a class action lawsuit in New York federal court alleging that the firm denied him and other employees proper overtime compensation required by federal wage and hour laws.
 
Top State Department Lawyer Defends Liu's Nomination to 9th Circuit Top
During a speech at the American Constitution Society, Harold Koh received a standing ovation after he defended the Obama administration's nomination of Goodwin Liu and questioned a "disorienting" political environment.
 
3rd Cir. Raises Bar on Attorney Fees in Civil Rights Cases Top
In a battle over modern-day rights to the names of 1950s doo-wop groups The Platters and The Coasters, the 3rd Circuit has held that a plaintiff cannot be deemed the "prevailing party" unless it has secured a "judgment on the merits."
 
Discrimination claims of former DLA secretary against firm mostly survive dismissal motion Top
The discrimination and retaliation claims of a former DLA Piper secretary against the firm have survived a dismissal motion, but a Boston federal judge tossed a few of her claims against individual DLA employees.
 
Finding Both Parents Lack Skills, Judge Fashions a 'Parallel' Custody Top
A Manhattan judge has tailored a "parallel" custody arrangement where a young boy's "gruff" father will oversee his schooling and health needs while the boy's "warm" mother will make decisions about religion and extracurricular activities.
 
Class Suit Over Refusal To Cover Eating-Disorder Treatments Settles Top
AmeriHealth of New Jersey and its contractor for mental health claims have settled a class action suit alleging they shirked their statutory obligation to cover treatments for eating disorders by wrongly categorizing them as nonbiologically based mental illnesses.
 
Scott Rothstein's malpractice carrier settles for $950,000 Top
The malpractice carrier for disbarred attorney Scott Rothstein will pay $950,000 to settle a lawsuit filed by the trustee overseeing the bankruptcy case involving his former law firm.
 
Judge's 'Repugnant and Offensive' Rant At Pro Se Litigant Draws a Reprimand Top
A New Jersey judge has been reprimanded for his tirade against a pro se parent who questioned a visitation schedule. The judge, now assigned to criminal court, told a conduct commission his behavior resulted from being "burned out" from his long service in family court.
 

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Y! Alert: Government & Policy RSS - The Recorder


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Y! Alert: Texas Lawyer


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Brian Loncar, Producer Settle Suit Over Exclusivity of TV Ads Top
Dallas lawyer Brian Loncar, well known in Texas for his "Strong Arm" television commercials, and Colorado firm Franklin D. Azar & Associates have settled litigation they filed on June 7 against a Texas video producer responsible for crafting the plaintiffs' memorable television commercials. While the parties say they have come to an agreement, the allegations in Brian Loncar, et al. v. IMGRP Productions Inc., et al. tell an interesting story about how lawyers market themselves on television.
 
Discipline Top
Two lawyers have been suspended, the State Bar of Texas reported recently.
 
Newsmakers Top
 
Planning the Orderly Succession of Firm Management Top
Succession planning of lawyer managers is frequently not given adequate attention until senior partners or other influential members of the firm announce their plans to retire, reduce their active involvement in the firm or leave, writes Joel A. Rose. Lawyer managers, like those in all other jobs or positions, should acknowledge timeframes for the effective performance of their duties. And if they don't, their firms must.
 
Seven Deadly Myths of Cross-Examination Top
Cross-examination perhaps is the most difficult skill for trial lawyers to master, writes Quentin Brogdon. Many lawyers seem to believe that effective cross-examination skills are the exclusive province of the lucky few born with the necessary innate talents. But any trial lawyer can develop a minimum level of skill in cross-examination through practice and a thorough study of the relevant principles.
 

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Y! Alert: TheLegalIntelligencer.com


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More Calls to Reform Pa.'s Judicial Conduct System Top
Pennsylvanians for Modern Courts has released a report that expanded on several recommendations the Interbranch Commission on Juvenile Justice made a year ago, but diverged on a key issue: funding for the Judicial Conduct Board and the Court of Judicial Discipline.
 
Jury Awards $21 Mil. In Med Mal Case Over Brain Damage Top
A Philadelphia jury awarded $21.4 million on Friday to a diabetic man with brain damage over the care he received in the emergency room of Temple University Hospital.
 
Pa. High Court Refers Lawyer in Fire Class Action to Disciplinary Board Top
The state Supreme Court has referred an attorney petitioner to the Disciplinary Board in an order denying allocatur in a hotly litigated class action regarding a 2001 fire and flood at a Montgomery County business complex.
 
Phila. Lawyers Win $17 Mil. Jury Award in Virgin Islands Bankruptcy Case Top
Here's something you don't see everyday — a jury trial in a bankruptcy case held before a Pennsylvania judge in a district court in the U.S. Virgin Islands before two different juries hearing arguments at the same time from Philadelphia and Texas lawyers, resulting in one verdict of no damages and another of about $17.4 million in cash and goods.
 
U.S. Supreme Court Curbs the Exclusionary Rule Top
The U.S. Supreme Court on Thursday took direct aim at the exclusionary rule, with a 7-2 majority saying that evidence collected during a police search can be used against a defendant, even if the search is of a type that is later found unconstitutional.
 
For Second Straight Year, Cahill Awards Mid-Year Bonuses Top
Cahill Gordon & Reindel has done it again.
 
Law Schools Running Risk of Deceptive-Advertising Claims? Top
Fudging their graduate employment statistics is more than an ethical matter for law schools — it's a legal one, according to a paper written by recent University of California, Davis School of Law graduate Joel Murray.
 
NY gov lobbying senators in gay marriage fight Top
ALBANY, N.Y. (AP) - Gov. Andrew Cuomo is lobbying individual senators in a quest to secure what appears to be one more vote needed to legalize gay marriage in New York and deliver a major win for the national effort.
 
Synthetic drugs drive more DUI arrests in Pa. Top
HARRISBURG, Pa. (AP) - About a month ago, a 33-year-old woman was arrested in Middletown after officers said they caught her driving on a cocktail of drugs: depressants, narcotics and the synthetic drug bath salts.
 
Some reviews by Neb. juvenile courts are limited Top
OMAHA, Neb. (AP) - The Nebraska Supreme Court has ruled that the juvenile court system has no authority to review the cases of juveniles it has both placed in state custody and committed to a treatment center.
 
Law Firm Sued for Malpractice Over 'Beauty' Mark Top
A journalist and beauty consultant has filed a malpractice case against her former trademark counsel, McDonald Hopkins, and Michael Femal, an intellectual property partner at the firm.
 
Dole Settles Pesticide Claims With 5,000 Former Plantation Workers Top
Dole Food Co. Inc. has agreed in principle to settle the pesticide claims of more than 5,000 former banana workers in South and Central America who are represented by Provost Umphrey.
 
US court lets class action against Bayer proceed Top
WASHINGTON (AP) - The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.
 
Court: Woman can challenge use of terrorism law Top
WASHINGTON (AP) -The Supreme Court says a jilted woman can challenge the use of an anti-terrorism law to prosecute her for trying to harm her husband's mistress with deadly chemicals.
 
Gay marriage in NY now up to Republican Senate Top
ALBANY, N.Y. (AP) - The legalization of gay marriage in New York now falls squarely on the shoulders of Republican state senators under intense political pressure from the important Conservative Party and internal polling that shows growing, but not necessarily majority, support for same-sex marriage.
 
Apple Calls Truce in Smartphone Battle With Nokia Top
Apple all but conceded defeat earlier this week in its center-ring showdown with Nokia in the ever-expanding smartphone patent wars, agreeing to settle claims that its core iPhone technology infringes Nokia patents.
 
Paralegals: The Philadelphia Association of Paralegals July Calendar of Events Top
On July 11, the Board of Directors will hold its monthly meeting at 12:30 p.m. at Swartz Campbell, Two Liberty Place, 28th floor, in Philadelphia. For more information, contact Christine Flynn at cflynn@swartzcampbell.com.
 
Court: NH XGR can't order AG to join health suit Top
CONCORD, N.H. (AP) - New Hampshire's Supreme Court, in a unanimous opinion Wednesday, said that lawmakers don't have the constitutional power to order the attorney general to join a lawsuit over President Barack Obama's health care overhaul.
 
Gay marriage bill gets its first big test in NY Top
ALBANY, N.Y. (AP) - A bill to legalize gay marriage in New York and reinvigorate the national effort is in the hands of 32 Republican state senators meeting behind closed doors.
 
US Congress opens hearings on Islam in prison Top
WASHINGTON (AP) - Islamic radicalization in prisons continues to be a concern among law enforcement officials across the U.S., and countering it should not be a partisan issue, the top Republican on the House Homeland Security said Wednesday.
 
ABA Takes First Step Toward Improving Law School Transparency Top
The American Bar Association has taken its first formal step toward improving the accuracy and transparency of law school employment data.
 
Jury Convicts Three, Capping Prosecution of Insider Trading Top
Zvi Goffer, Emanuel Goffer and Michael Kimelman were found guilty yesterday of trading on inside information stolen by two former lawyers at Ropes & Gray.
 
Reform groups criticizes Pa. redistricting system Top
HARRISBURG, Pa. (AP) - A government-reform group on Tuesday criticized Pennsylvania's method of redrawing its congressional districts as a House-Senate panel wrapped up its third hearing on the topic.
 
Judge to decide Calif. gay marriage case Tuesday Top
SAN FRANCISCO (AP) - A federal judge is deciding whether a gay judge's ruling to strike down California's same-sex marriage ban should be overturned because he failed to divulge his own marital intentions before throwing out the voter-approved measure.
 
4 Nebraska Appeals Court nominee names forwarded Top
LINCOLN, Neb. (AP) - The names of four nominees for a vacancy on the Nebraska Court of Appeals have been sent to Gov. Dave Heineman.
 
Accord to Toll Statute Doesn't Cross State Lines, Panel Says Top
When Maryland plaintiffs agreed with drugmaker GlaxoSmithKline to toll the statute of limitations in their cases, their accord did not extend the time to begin lawsuits in Pennsylvania, the state Superior Court ruled in an unpublished opinion last month.
 
K&L Gates Hires New Firmwide Diversity Director Top
K&L Gates has hired a new firmwide director of diversity and inclusion with the addition of Valerie A. Jackson in Pittsburgh.
 
AGs From 16 States Take Boeing's Side in NLRB Case Top
The Boeing Company's fleet of supporters grew this week as the global airplane manufacturer prepares to faceoff with the National Labor Relations Board today.
 
Video Released Before Prop 8 Arguments Focuses on Civil Rights Top
Gibson Dunn & Crutcher's Theodore Olson and Boies Schiller & Flexner's David Boies released a video on the eve of the latest round of oral arguments in their ongoing challenge of California's controversial same-sex marriage ban, Proposition 8.
 
Court to decide whether farmers must pay tax Top
WASHINGTON (AP) - The Supreme Court will decide whether a couple must pay taxes on the bankruptcy sale of their family farm.
 
High court upholds Nevada ethics law Top
WASHINGTON (AP) - The Supreme Court on Monday unanimously upheld a Nevada ethics law that governs when lawmakers should refrain from voting on official business because they might have a conflict of interest.
 
Court rejects sex bias claim on citizenship rule Top
WASHINGTON (AP) - The Supreme Court on Monday dismissed a challenge by a Mexican-born man to a citizenship law that treats men and women differently.
 
The Most Feared Man at the SEC Top
H. David Kotz knows what it's like to have all conversation stop the moment he steps into a crowded elevator at work — and resume the moment he exits.
 
1st Circuit Mulls a First Amendment Right to Videotape an Arrest Top
Whether there's a First Amendment right to videotape police officers conducting their public duties dominated an oral argument at the 1st U.S. Circuit Court of Appeals on June 8.
 
Scalia takes on Congress, a favorite target Top
WASHINGTON (AP) - Supreme Court Justice Antonin Scalia is not the sort who leaves readers wondering what he really thinks, especially when it comes to members of Congress.
 
Alabama passes tough illegal-immigration law Top
MONTGOMERY, Ala. (AP) - Alabama vaulted past Arizona on Thursday with what is being called the most restrictive law in the nation against illegal immigration, requiring schools to find out if students are in the country lawfully and making it a crime to knowingly give an illegal immigrant a ride.
 
Joan Jett sues in NY over planned Runaways tribute Top
NEW YORK (AP) - Joan Jett loves rock and roll, but not on a tribute album she says an ex-employee put together without her permission.
 
Justices Rule Against Microsoft in Patent Case Top
Microsoft Corp., with a $290 million jury verdict against it at stake, on Thursday lost a hard-fought patent battle in the U.S. Supreme Court.
 
Restrictions Announced For Federal Court Camera Experiment Top
The upcoming experiment with camera coverage of federal district courts will be governed by a restrictive set of rules announced Wednesday by a committee of the Judicial Conference. The three-year experiment begins July 18 at 14 district courts around the country.
 
Shareholders Insist BP on the Hook for Safety Assurances Top
Misleading and false statements made by BP PLC executives before the Deepwater Horizon oil spill were material to investors, not just a matter of corporate mismanagement, shareholders argued in court documents filed on June 6 in the securities multidistrict litigation against the company.
 
Payment by attorney general in MCI case at issue Top
JACKSON, Miss. (AP) - A group of lawyers awarded $14 million for their work to collect more than $100 million for the state has told the Mississippi Supreme Court that no attorney would work for the state if they had to depend on the Legislature for compensation.
 
Lawmaker takes tax case to Idaho Supreme Court Top
BOISE, Idaho (AP) - A lawmaker from northern Idaho is asking the state's highest court to decide that he can still appeal an order to pay past-due taxes.
 
High Court Practitioners: Increasingly Diverse Top
Since the days of Daniel Webster and Francis Scott Key, U.S. Supreme Court advocacy has been dominated by white men. It took until 1993 for a ladies' room to be installed near the lawyers' lounge at the court.
 
Ex-Prosecutor Faces Racketeering Charges Top
A grand jury has returned a second superseding indictment against defense attorney and ex-prosecutor Paul Bergrin, accused of running a crime ring fueled by murder, fraud and other criminal activity, this time adding racketeering charges.
 
Defense rests at Blagojevich corruption retrial Top
CHICAGO (AP) - Attorneys for Rod Blagojevich rested their case Wednesday at his corruption retrial after calling witnesses that included Chicago's new mayor, a congressman and the ousted Illinois governor himself.
 
Senate showdown over limiting debit card fees Top
WASHINGTON (AP) - Lawmakers on both sides of a battle over debit card fees used populist-style appeals on Wednesday as the Senate neared a vote on whether to block a Federal Reserve plan to lower the fees that stores must pay banks each time a shopper swipes a debit card.
 
Move to ban Pa. teacher strikes could move in fall Top
HARRISBURG, Pa. (AP) - Republican-sponsored bills to ban teacher strikes and punish illegal strikes could be debated in the state House of Representatives this fall.
 
Chiquita Human Rights Case Gets Split Decision in U.S. District Court Top
In a decision that left both sides claiming victory, a federal judge on Friday rejected Chiquita Brands International's efforts to throw out a lawsuit brought by Colombian citizens seeking compensation from the corporation for its alleged involvement in human rights abuses.
 
Wis. court revokes Reagan appointee's law license Top
MADISON, Wis. (AP) - The state Supreme Court has revoked a former state utility regulator's law license.
 
Prosecutor tries to use Blago's words against him Top
CHICAGO (AP) - A prosecutor at Rod Blagojevich's corruption retrial sought to methodically discredit the ousted Illinois governor on the witness stand Monday by repeatedly deploying the same weapon against him: His own words.
 
Va. inmate sues after gruesome tries at sex change Top
DILLWYN, Va. (AP) - Crouched in her cell, Ophelia De'lonta hoped three green disposable razors from the prison commissary would give her what the Virginia Department of Corrections will not - a sex change.
 
Corporate Lawyer With Energy Focus Joins Morgan Lewis in Pittsburgh Top
Morgan Lewis & Bockius grew its Pittsburgh office late last week with the addition of Buchanan Ingersoll & Rooney corporate partner Amy Pandit.
 
N.J. Drunken Drivers Aren't Barred From Bringing Dram Shop Suits Top
Thanks to some blurriness in statutory drafting, alcoholic beverage servers in New Jersey can be held liable to patrons who drink, drive and crash.
 
At Supreme Court, Another Win for Investors Top
Removing a significant hurdle for plaintiffs in securities class actions, the U.S. Supreme Court ruled on Monday that investors need not prove at the class certification stage that a company's deceptive conduct caused their economic losses.
 
Court orders new look at Pa. city immigration regs Top
WASHINGTON (AP) - The Supreme Court has ordered a federal appeals court to take a new look at a Pennsylvania city's crackdown on employment and housing for illegal immigrants following the high court's recent decision upholding an Arizona employer sanctions law.
 
Pa. city to pay $600K over boy's police car death Top
ALLENTOWN, Pa. (AP) - This eastern Pennsylvania city agreed to pay $600,000 to settle a federal lawsuit over the death of a 4-year-old boy who was standing on a sidewalk when a police cruiser struck him, according to court papers filed Friday.
 
Utah Supreme Court to hear appeal on inmate death Top
SALT LAKE CITY (AP) - The Utah Supreme Court will hear arguments in the case of an inmate appealing his death sentence in the killing of a fellow prisoner.
 
Court Rules Against Chicago in Dispute Over Gun Case Fees Top
When the U.S. Supreme Court ruled against Chicago's handgun ban last June, civil rights attorney Alan Gura considered himself a winner in the landmark case.
 
Device Maker Sues FDA Over Rescinded Approval for Implant Top
Bankrupt medical device maker ReGen Biologics Inc. has sued the Food and Drug Administration, claiming that the agency overstepped its authority when it reclassified the company's knee implant and forced it off the market.
 
Maine law will expand elder abuse protections Top
AUGUSTA, Maine (AP) - Maine's protection from abuse law for people who are 60 and older is being broadened.
 
High court vacates judge's ruling over bias claim Top
OMAHA, Neb. (AP) - The Nebraska Supreme Court on Friday vacated a decision in a land dispute case, saying the district court judge in the case may have harbored a personal bias against one side's attorney.
 
Ruemmler Named to Replace Bauer as White House Counsel Top
Robert Bauer is stepping down as President Obama's counsel, returning to his old job at Perkins Coie and opening the door for Obama's third counsel in three years.
 
Courtside: In High Court Prison Case, Photos Make A Rare Appearance Top
The black-and-white photographs are stark, depicting dramatically overcrowded prison spaces in California. One image shows the telephone-booth-sized cages used to hold suicidal inmates.
 
Appeals Court: N.Y. Can Block School Worship Service Top
A federal appeals court has ruled that the city of New York can enforce a rule prohibiting outside groups from using public school facilities after hours for religious worship services.
 
Tenn. passes Web entertainment theft bill Top
NASHVILLE, Tenn. (AP) - State lawmakers in country music's capital have passed a groundbreaking measure that would make it a crime to use a friend's login ? even with permission ? to listen to songs or watch movies from services such as Netflix or Rhapsody.
 
Anderson Univ. naming student center after judge Top
ANDERSON, S.C. (AP) - Anderson University is building a $15 million student center to be named in honor of the city's long-serving federal judge.
 
Supreme Court Sets High Bar for Finding Induced Infringement Top
In the war between tech companies and the so-called patent trolls who sue them, the U.S. Supreme Court on Tuesday handed defense lawyers a powerful tool.
 
Texas judge: no prayer at high school graduation Top
SAN ANTONIO (AP) - A federal judge in South Texas has banned public prayer at a high school graduation ceremony after the agnostic parents of a senior went to court.
 
Armstrong's lawyers want apology from '60 Minutes' Top
LOS ANGELES (AP) - Attorneys for Lance Armstrong have demanded an on-air apology from "60 Minutes" after the head of Switzerland's anti-doping laboratory denied allegations the seven-time Tour de France winner tested positive for performance-enhancing drugs at the 2001 Tour de Suisse.
 
May pads Pa. surplus amid battle over budget cuts Top
HARRISBURG, Pa. (AP) - Pennsylvania state government had another good revenue collection month in May, and is heading into the final month of the fiscal year with a surplus of nearly $540 million.
 
Judge Rules Against Ban on Corporate Campaign Contributions Top
A U.S. judge has ruled that the campaign finance law banning corporations from making contributions to federal candidates is unconstitutional, saying that a recent Supreme Court decision gives companies the same right to donate as individual citizens enjoy.
 
Suit Alleging 'False' Employment Stats Targets Law School Top
The debate over the accuracy of law school graduate employment statistics -- or lack thereof -- has moved into court.
 
High court voids lawsuit against former law chief Top
WASHINGTON (AP) - The U.S. Supreme Court has ruled that former Attorney General John Ashcroft cannot be sued for his role in the arrest after the Sept. 11 attacks of an American Muslim who was never charged with a crime.
 
High court turns down new appeal from Conrad Black Top
WASHINGTON (AP) -The Supreme Court has rejected an appeal from former media mogul Conrad Black challenging his two remaining convictions on fraud and obstruction of justice.
 
NH Senate to vote on expanding death penalty Top
CONCORD, N.H. (AP) - The New Hampshire Senate is taking up a bill this week that would allow capital punishment for killings committed during burglaries of any occupied buildings.
 
Pichini First Woman to Lead International Trial Lawyer Academy Top
After Roberta "Bobbie" Pichini became the first woman president of the International Academy of Trial Lawyers earlier this spring, she started work on expanding the academy's cultural exchange programs to other countries.
 
Therasense Could Pique Justices' Interest, Lawyers Say Top
Patent lawyers say the May 25 en banc ruling by the U.S. Court of Appeals for the Federal Circuit tightening the standards for inequitable conduct is likely to sharply curtail defense-side misconduct claims, in the long run. More immediately, it will result in a rash of summary judgment motions in pending cases.
 
Pair of Movies Dodge Injunctions Sought by Copyright Plaintiffs Top
Copyright infringement suits hang over two highly anticipated blockbuster sequels that were set for release over the Memorial Day weekend.
 
For Spurned Schools, Law Student Transfers Prove Costly Top
The law school transfer system benefits individual law students, but it's hardly a boon for the less-prestigious schools that invest in promising students only to see them leave following their first year.
 
Inequitable Conduct Defense Gutted in Federal Circuit Case Top
After months of anxious waiting for the patent bar, the U.S. Court of Appeals for the Federal Circuit finally handed down its en banc ruling on inequitable conduct standards in Therasense Inc. v. Becton Dickinson & Co. on Wednesday. And for patent plaintiffs at least, the decision appears worth the wait.
 
Will Non-Lawyers Investing Destroy the Legal Profession? Top
The fight over allowing non-lawyers to become investors in law firms is heating up. While the debate is one over changing a tradition, there are issues of transparency. Blog contributor Anthony Volpe explores the issue.
 
Creating an Effective FCPA/UKBA Compliance Program Top
David A. Anderson of Citrin Cooperman presents Part 2 of his posts on the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. This one explains the key components of an effective compliance program.
 
Attorney: PHA Review of Legal Bills Shows No Privilege Regarding Greene Top
The Philadelphia Housing Authority has completed a review of legal bills from six law firms, concluding there was no privileged information contained in them regarding former executive director Carl Greene.
 
A Sliver of a Silver Lining for Microsoft Top
The U.S. Supreme Court's decision in Microsoft v. i4i appears, at first, to be a complete loss for Microsoft. But Joshua Wolson finds a small silver lining for Microsoft and other infringement defendants that might just keep the ruling from being a total disaster.
 
New Online-Only Story Package: 'Mega-Verdicts' Top
There is a brand-new Online-Only package on The Legal's homepage called "Mega-Verdicts: Eight Figures and Up," and those are exactly the stories you'll find included there: verdicts and settlements of $10 million and over.
 
Accepting and Adopting Digital Communication for Lawyers Top
Many lawyers still say that they don?t want to "communicate online." But according to blog contributor Gina F. Rubel, "It's not about you." It's about who you're trying to reach, where they are, and how they wish to be communicated with.
 
Report: Phila. Mortgage Foreclosure Program Helping Many Stay in Homes Top
A majority of homeowners who participated in Philadelphia's mortgage foreclosure diversion program and who struck an agreement with their lenders have been able to remain in their homes, according to an independent community development financial institution
 
The Third Side of the Story Top
Jury consultant Melissa Gomez explains that the search for a truth that exists outside of what they are being told often leads jurors to look beyond the testimony and presentations in the courtroom.
 
It's Official: More Stringent Rules for Phila. Homicide Counsel Top
New criminal rules have been adopted for lawyers representing Philadelphia homicide defendants, according to an order today by Philadelphia Common Pleas Court President Judge Pamela Pryor Dembe.
 
Getting to Know Us: Meet Our Newest Reporters! Top
Back in April, we introduced you to the staff of The Legal, from our editor-in-chief to our copy desk editors and reporters. Since then, we?ve added a couple of new faces to the newsroom, and we?d like you to meet them!
 
Mediation: Early and Often for Cost-Effective Litigation Top
In seeking out cost-effective strategies, one universal rule holds true: the sooner the lawsuit concludes, the more likely it is to be cost-effective. Blog contributor Charlotte Thomas shares some pointers from her recent jaunt in mediation.
 
Problems With Filing Bad Faith, UM/UIM Claims as Insurer's First Notice of Suit Top
According to blog contributor Charles Haddick, when the first notice to an insurer of a UM/UIM claim is a civil complaint, which also contains a bad faith count, it is rather like a patient handing his surgeon a medical malpractice complaint on the way into the OR.
 
Rainmaking at Its Best: Focusing on Clients First Top
 
Judge Rendell Appointed to MDL Panel Top
 
Daniel McCaffery to Announce Pa. Attorney General Bid Top
 
Now Accepting Nominations for Lawyers on the Fast Track! Top
If you know an outstanding Pennsylvania attorney who is under the age of 40, nominate them to be one of The Legal's 2011 Lawyers on the Fast Track!
 
Criminal E-Filing on the FJD's Horizon Top
The First Judicial District is aiming to roll out e-filing in criminal cases for members of the criminal bar by April 2, 2012, according to an announcement today by the administrative judge of the Philadelphia Common Pleas Court trial division.
 
Ciavarella's Post-Trial Motions Denied Top
U.S. District Judge for the Middle District of Pennsylvania Edwin M. Kosik has denied former Luzerne County Judge Mark A. Ciavarella Jr.'s post-trial motions to be granted a new trial or to have his racketeering and honest services fraud convictions overturned.
 
Castille: Filing Fees Should Be Made Permanent Top
Pennsylvania Supreme Court Chief Justice Ronald D. Castille said in a statement Thursday that he agrees with an auditor's recommendation that court filing fees should be turned into a permanent funding stream for legal aid organizations.
 
McLaughlin Credits Party, Labor in Judicial Primary Win Top
Reporter Amaris Elliott-Engel chats with Maria McLaughlin, one of the 11 victors in the Democratic primary for 10 Philadelphia Common Pleas Court judges and one Philadelphia Municipal Court judge.
 
Are Your Clients at Risk Under the Foreign Corrupt Practices Act or the U.K. Bribery Act? Top
David A. Anderson of Citrin Cooperman explains why a company currently conducting or planning to conduct business in any foreign country could face a significant financial risk and a risk of prosecution of its management under either the FCPA or UKBA.
 
Court Denies Reargument Request in Board of Ethics Defamation Suit Top
The Commonwealth Court, rejecting the request of Philadelphia's ethics watchdog agency and its executive director, has refused to take a second look at its ruling that the officials may not be entitled to quasi-judicial immunity.
 
Scranton Firm Announces Merger With Phila. Nonprofit Law Boutique Top
Scranton, Pa.-based general practice firm Myers Brier & Kelly has announced a merger with three-lawyer, Philadelphia-based nonprofit law boutique Lundy & Flynn.
 
Spoliation and Legal Malpractice Top
Courts generally take a hard line with cases regarding spoliation, and summary judgment because of it is not unheard of. However, as blog contributor Anthony S. Volpe writes, the issue does not end with the disposition of these simple cases.
 
Barely Legal: Something to Talk About Top
Anonymous blogger Barely Legal surmises that the co-workers the office gossips about are usually not the ones having an indiscretion ...
 
Right Time, Wrong Place Top
Blog contributor Bruce P. Merenstein examines two recent Pennsylvania Superior Court decisions that emphasize the importance of not only filing on time, but in the right place.
 
Meehan Testimony in Discrimination Case Delayed Top
U.S. Rep. Patrick Meehan had been expected to take the witness stand this week to testify about events during his tenure as Eastern District U.S. Attorney in a discrimination lawsuit brought by Paul Mansfield, a former assistant U.S. attorney who claims he was fired in retaliation for lodging complaints of age and disability discrimination. But Meehan's appearance has now been delayed indefinitely.
 
Reporter Live-Tweeting Hearing on Fair Share Act Top
The state Senate Judiciary Committee is slated to hold another hearing on a proposal that would change Pennsylvania's liability regime, and reporter Amaris Elliott-Engel will be live-Tweeting from it beginning at 12 noon today.
 
Effect of Appeals: Supersedeas and Stays Top
In her summary of just a few of the Rules of Appellate Procedure governing the effect of the filing of an appeal, Mandi Scott finds it quickly becomes apparent that the general rule is much more complicated than many practitioners think.
 
Making a Case That Fits Your Client Top
Jury consultant Melissa Gomez explains how changing your tactics to accept your witness's personality is better for your case than trying to change who they are.
 
Eight Tips for Solid Radio Interviews Top
Regardless of the size and scope of your business, there may be a time when radio interviews come into play -- especially if you're dealing with high profile litigation. Gina Rubel offers advice on nailing those interviews.
 
Fumo Arguments Rescheduled Top
The date for oral arguments in United States v. Fumo has been rescheduled and is now set for Wednesday, May 25, at 2 p.m. before 3rd U.S. Circuit Court of Appeals Judges Julio M. Fuentes, Richard L. Nygaard and Leonard I Garth.
 
Alumni Connections Key in Associates' Business Development Arsenal Top
According to blog contributor Kimberly Alford Rice, the relationships you developed in law school are one of the keys to your success. She offers tips on cultivating those relationships.
 
3rd Circuit Remands Title VII Case for Failing to Properly Apply Burden-Shifting Framework Top
In a recent opinion that helped further flesh out how to apply the burden-shifting framework in Title VII cases, the 3rd Circuit vacated a district court's summary judgment ruling for further proceedings consistent with the guidance it had provided. Blog contributor Wendy Beetlestone examines the case.
 
Two Firms Shake Up Office Management Top
Buchanan Ingersoll & Rooney and Pepper Hamilton have each announced changes in leadership at one of their non-headquarters offices.
 
Legal Representation in Orchestra Bankruptcy Becomes Somewhat Clearer Top
At a hearing Monday regarding the bankruptcy proceedings of the Philadelphia Orchestra Association, the Academy of Music and Encore Series Inc., no one objected to ESI hiring separate counsel in Archer & Greiner. But it looks like Peter Nero and the Philly Pops' objections over Dilworth Paxson's representation of the orchestra will continue.
 
Tips to Beat Summer Procrastination Top
Blog contributor Neen James offers helpful tips to help you stay focused this summer - even when you just want to get outside!
 
New Family Court Building Moves Closer to Getting Built Top
The state Department of General Services on Friday officially acquired the air rights to 15th and Arch streets, the site of a new family court building, allowing construction of the project to begin in the coming weeks.
 
Phila. Bar Rates One More 'Not Recommended' Top
The Philadelphia Bar Association?s judicial candidate ratings arm said Wednesday that Philadelphia judicial candidate Leon A. King II is rated "not recommended."
 
New Online-Only Section: Firm Openings and Closings Top
In the interest of keeping you up on the larger trends in the Pennsylvania legal landscape, we grouped those recent stories of law firm office openings and closings together into a special (FREE!) online-only package.
 
Supreme Court: Candidates in DROP Stay on Ballot Top
The state Supreme Court ruled 5-2 Friday that Philadelphia candidates involved in the controversial Deferred Retirement Option Plan may still run in this month's primary.
 
Phila. Bar Rates Four More 'Recommended' Top
The Philadelphia Bar Association?s judicial candidate ratings arm has said that Philadelphia judicial candidates Diana Anhalt, Stephen J. Negro, Stephanie M. Sawyer and Marvin L. Williams are rated ?recommended.?
 
Supreme Court Renews Press for Budget Increase Top
According to the "State of the Commonwealth's Courts" report released this week, the court will be short $47.2 million of its self-identified needs in the 2011-2012 fiscal year if it does not receive more funds from Gov. Tom Corbett and the General Assembly.
 
Memeger and 'The Legal' Team Up to Celebrate Diversity Top
In The Legal's 2011 Diversity supplement, which was published in early April, we recognized 20 individuals from across the commonwealth as Diverse Attorneys of the Year, and now, we?re gearing up to honor them in person on Tuesday, June 7, at the Crystal Tea Room in Philadelphia.
 
Do I Need to File a Post-Trial Motion? Top
A recent Pennsylvania Superior Court case illustrates just how important it is to understand when a motion for post-trial relief is required. Blog contributor Mandi L. Scott examines the issue.
 
Ballard Spahr Gets Former GC to Arizona Governor Top
Joseph Kanefield, the former general counsel to Arizona Gov. Jan Brewer, has joined Ballard Spahr's Phoenix office. He will practice in the firm's government relations, regulatory affairs and contracting group.
 
Does Current Economy Justify Law Schools' Emphasis on Business of Law? Top
There appears to be a developing chorus for law schools to provide additional training and courses directed at the "business of law," apparently driven by recent economic conditions. But blog contributor Anthony S. Volpe sees it as instilling a false sense of security in students.
 
Secondary Authority Revisited Top
Blog contributor Bruce P. Merenstein examines a recent decision in which the PA Superior Court declined to rely on an amicus brief because "the information contained in the amicus brief was not provided to the trial court for consideration."
 
Public Service Attorneys Urge Young Lawyers to Think Broadly Top
For young lawyers who think there is only one career path that leads to success, a recent Philadelphia Bar Association panel of heavy-hitters has news for you: think again.
 
Reporter Live-Tweeting Nutter's Remarks to Lawyers Top
Legal reporter Amaris Elliott-Engel will be live-Tweeting from noon to 1 p.m. today from the Philadelphis Bar Association's Chancellor's Forum, where Mayor Michael Nutter will be speaking.
 
Getting to Know Us: Meet the Reporters! Top
The Editorial Department of The Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet the reporters who bring the news to you each day!
 
The Lost and Found of Embezzled Law Firm Funds Top
Blog contributor and Citrin Cooperman partner Joseph S. Barbagallo offers advice on how to proceed if you suspect your firm has been the victim of embezzlement.
 
Getting to Know Us: Meet the Copy Desk! Top
Part 2 of a series: The Editorial Department of the Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet the editors on the copy desk!
 
Measuring a Lawyer's Use of Social Media Marketing Top
Blog contributor Gina F. Rubel offers insight on how to determine if your firm's time is well spent in social media engagement.
 
Dilworth Paxson Looks to Get Orchestra's Bankruptcy Work Top
The Academy of Music of Philadelphia Inc., the Philadelphia Orchestra Association and Encore Series Inc. have asked the court to approve Dilworth Paxson as counsel in their Chapter 11 bankruptcy filings initiated April 16.
 
Getting to Know Us: Meet The Legal Staff! Top
The Editorial Department of The Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet Editor-in-Chief Hank Grezlak.
 
Front Page Flashback Top
The words are on the front page of the Legal every day: "The Oldest Law Journal in the United States 1843-2011." Ever wondered what that very first issue looked like?
 
Legal Dept. of the Year Awards - Deadline Extended! Top
Nominate your clients, employers or colleagues for GC Mid-Atlantic's Legal Departments of the Year Awards, aimed at highlighting the outstanding Pennsylvania-based corporate legal departments that oftentimes go unrecognized.
 
Good Secondary Authority and Bad Secondary Authority Top
Blog contributor Bruce P. Merenstein takes a look at a recent opinion by U.S. Supreme Court Justice Antonin Scalia that reveals an interesting quirk in his die-hard opposition to consideration of legislative history in interpreting a statute.
 
February 2011 Bar Exam Results Are In! Top
For a new class of aspiring Pennsylvania practitioners, the wait is over! The Pennsylvania Board of Law Examiners has announced the results of the bar examination that was given on February 21 and 22.
 
Montco DA Writes Children's Book About Online Dangers Top
Montgomery County District Attorney Risa Vetri Ferman has written a children's book to help parents talk with their kids about surfing the Internet safely.
 
One Week to Submit Legal Dept. of the Year Awards Nominations! Top
Nominations for GC Mid-Atlantic's first annual Legal Departments of the Year Awards are due on Friday, April 15! The awards are aimed at highlighting the outstanding PA-based corporate legal departments that oftentimes go unrecognized.
 
The Hearsay Trojan Horse: Out-of-Court Statements Offered to Demonstrate a 'Course Of Conduct' Top
In the real world of jury trials, what does it mean to admit a statement for some other purpose than to demonstrate that the facts asserted in the statement are true? Blog contributor Bruce Merenstein examines just that in a recent Superior Court case.
 
Dechert Announces Spring Bonuses Top
Dechert appears to be the first Pennsylvania firm to announce spring bonuses -- an added bonus a number of New York-based firms have given this year on top of traditional year-end bonuses to associates and counsel.
 
Does the Same Juror Profile Apply for Every Case? Top
Jury analyst and blog contribitor Melissa M. Gomez explains why it's essential to tailor your ideal juror profile for each case.
 
Phila. Family Courthouse Project Back in Court Top
Gordon Group Electric, of Feasterville, Pa., has filed an appeal to the Commonwealth Court protesting the state Department of General Services' decision to award to another contractor the electric contract for a courthouse unifying the Philadelphia juvenile and domestic relations branches into one building.
 
Increase Impactivity in 15 Minutes a Day Top
Blog contributor Neen James explains how you only need 15 minutes for you to become super-productive!
 
Nominate a Legal Department of the Year! Top
GC Mid-Atlantic is now accepting nominations for its first annual Legal Departments of the Year Awards, aimed at highlighting the outstanding corporate legal departments in our region that oftentimes go unrecognized.
 
Marketing Yourself to Develop Your Practice Top
Legal marketer and blogger Kimberley Alford Rice offers some resources to help you learn to market your practice more effectivey.
 
Estate Planning for Digital Assets Top
In our increasingly digital and online world, it might be time to think about digital assets, a topic that probably hasn't yet occurred to many estate planners. Blog contributor Robert H. Louis explains what they are and what to do about it.
 
The Google Book Dilemma: Are Copyright Law and Class Actions Irreconcilable? Top
The judge's decision in Authors' Guild v. Google raises an important question: can a class of copyright holders ever settle a claim under Federal Rule of Civil Procedure 23? Blog contributor Joshua Wolson walks us through.
 
The Tell-Tale Ring Top
The third post from our new blog contributor, who goes by the moniker of Barely Legal. BL will offer humorous musings on what it's really like to work for a law firm. Today's topic: What you should never see at a meeting...
 
MontCo Pro Bono Opportunity Tomorrow: Wills For Heroes Needs Your Help! Top
If you want to get involved in pro bono work but aren't sure how to begin, the Montogmery Bar Association has you covered. Wills for Heroes has scheduled an event this Saturday, March 26, for the Norristown Police Department, and several lawyers and paralegals are needed to help at this time.
 
What Rule of Civil Procedure Governs Motions for Reconsideration? Top
Strictly speaking, there is no rule of civil procedure that expressly governs the timing, content, etc. of motions for reconsideration in general civil cases in PA. Blog contributor Mandi L. Scott examines the issue.
 
Kirk to Lead Reed Smith's Real Estate Practice Firmwide Top
Less than a year after leading a team of seven attorneys from Pepper Hamilton to Reed Smith, Dusty E. Kirk will take over as head of Reed Smith's firmwide real estate department.
 
Preventing Embezzlement in Your Law Firm Top
Blog contributor and Citrin Cooperman partner Joseph S. Barbagallo cautions law firms against internal fraud and offers suggestions for preventative measures.
 
Analysis of Wisinski: Final Thoughts Top
Blog contributor Charles Haddick wraps up his analysis of a Western District bad faith ruling, paying close attention this time to where the court may have departed from conventional, established Pennsylvania law.
 
Will Local Employers Be Required to Give Paid Sick Leave? Top
Employment lawyer and blog contributor Eric B. Meyer highlights a new bill before Philadelphia City Council regarding mandatory paid sick leave.
 
Introducing the Legal Departments of the Year Awards! Top
GC Mid-Atlantic is now accepting nominations for its first annual "Legal Departments of the Year Awards," aimed at highlighting the outstanding corporate legal departments in our region that oftentimes go unrecognized.
 
Reporter's Notebook: More Billable Rate Info for Philly Firms' PHA Work Top
In this companion piece to the Legal's article titled "Attorneys Forced to Defend PHA Billing, Staffing Practices," reporters Gina Passarella and Amaris Elliott-Engel add to the list of firms that did work for the Philadelphia Housing Authority since 2005 -- and the rates they charged.
 
Phila. OIG Reports Recovering & Saving $9.1 Mil. in 2010 Top
Because of investigations that resulted in city employees being terminated, suspended, making restitution, paying fines or forfeiting their pensions, Philadelphia's Office of the Inspector General reported this week that the office was able to save city taxpayers, or recover on behalf of them, $9.1 million in 2010.
 
Pa. Supreme Court Says It Shouldn't Have Taken Two Appeals Top
The state Supreme Court has issued orders this week saying it improvidently granted appeals in two cases argued before the court in its most recent oral argument session in Philadelphia.
 
NBA Sideline Chatter, Twitter and a Defamation Claim Top
Members of the press who "Tweet" interesting tidbits from live events like NBA games may run into some problems, as a lawsuit filed this week demonstrates. Blog contributor Joshua D. Wolson explores the issue.
 
Court Funding: Is It Time for Means Testing? Top
Blog contributor Tony Volpe wonders, since the combatants in large commercial disputes spend huge sums on their legal teams, does it work an injustice to have them pay more for access to the courts?
 
Introducing the Legal Departments of the Year Awards! Top
GC Mid-Atlantic is now accepting nominations for its first annual Legal Departments of the Year Awards, aimed at highlighting the outstanding corporate legal departments in our region that oftentimes go unrecognized.
 
Phila. Sheriff Agrees to Operational Reforms, But Independence Still an Open Question Top
Even as the First Judicial District, the Sheriff's Office and the city of Philadelphia signed memoranda of understanding today to reform the Sheriff's Office, a court takeover of some of the office's functions does not appear to be off the table yet.
 
The Benefits of Twitter for Lawyers: A Strategy for Engagement Top
Blog contributor Gina F. Rubel offers tips on how to make Twitter into a useful business tool.
 
Punishment of School District Not 'Appropriate' Relief Under IDEA Top
In C.W. v. The Rose Tree Media School District, the 3rd U.S. Circuit Court of Appeals was asked to define the contours of "appropriate" relief for violations of the Individuals with Disabilities Education Act (IDEA).
 
Business Valuations: Types of Engagements and Reports Top
Contributor Terry Silver of Citrin Cooperman reviews the American Institute of Certified Public Accountants' Statement on Standards for Valuation Services (SSVS-1).
 
Ballard Represents TD Bank in Suit Against Former Client City of Harrisburg Top
Ballard Spahr is representing TD Bank in a lawsuit against the city of Harrisburg aimed at recouping part of nearly $300 million the city owes the bank related to an incinerator project, according to news reports.
 
The Legal's Diverse Attorneys of the Year Top
The editorial staff of The Legal Intelligencer has selected these 20 Pennsylvania diverse attorneys for recognition of their outstanding professional achievements in the two years since we last gave out the honor.
 
The Supreme Court's Shakespearean Approach to Arbitration Top
Blog contributor Joshua D. Wolson wonders if the U.S. Supreme Court may be taking notes from Shakespeare regarding its treatment of arbitration cases.
 
Ciavarella Begins Appeals Process With Series of Motions Top
Convicted last month of racketeering and honest services fraud, Former Luzerne County Common Pleas Court Judge Mark A. Ciavarella has filed a series of motions to have the most serious charges against him tossed.
 
Is Networking Non-Negotiable to Build a Healthy Practice? Top
Legal marketer and blogger Kimberley Alford Rice offers tips and suggestions for how to make the most of your next networking opportunity.
 
Finding My Very Own Jack of Hearts Top
The second post from our new blog contributor, who goes by the moniker of Barely Legal. BL will offer humorous musings on what it's really like to work for a law firm. Today's topic: Wishing for the perfect boss...
 
Wisinski and 'Lowball' Settlement Offers Top
Blog contributor Charles Haddick continues his analysis of a Western District ruling, paying close attention this time to the court's finding that settlement negotiations included "lowball" offers by the insurer, and constituted bad faith.
 
FJD Collection Efforts Showing Results Top
After two months of allowing former defendants to set up plans to pay tardy court fees, fines and costs without penalty, the First Judicial District is reporting that it is collecting 4 percent of that outstanding debt, exceeding debt industry expectations.
 
Abortion, Law and Reason Top
Blog contributor Tony Volpe addresses the unfortunate and disturbing revelations about the ?medical? clinic in West Philadelphia that have awakened all sorts of social and political monsters.
 
Generic v. Brand Drugs -- Will There Be Different Federal Standards? Top
Blog contributor Adrianne Walvoord notes that two appeals coming before the U.S. Supreme Court could impact whether state law failure-to-warn claims are pre-empted by the Hatch-Waxman Act.
 
Surprise! U.S. Supreme Court Says Words Matter Top
Blog contributor Joshua Wolson examines two recent U.S. Supreme Court decisions about federal pre-emption that show how much statutory language matters.
 
Contested Construction Contract Slows Progress on Phila. Family Courthouse Top
While the state's public works developer is moving ahead with plans to develop a new family courthouse in Philadelphia, the process has been slowed while the office responds to a protest to its decision on awarding the electrical contract for the building, a state Department of General Services spokesman said.
 
Can an Employer Legally Refuse to Hire a Smoker? Top
Employment lawyer and blog contributor Eric B. Meyer examines how companies firing -- or not hiring -- smokers might fare.
 
From Inside Out to Outside In: Seeing Your Case from a Different Perspective Top
Jury analyst and blog contribitor Melissa M. Gomez discusses the importance of having an informed outsider offer perspective on a case.
 
Automobile Accidents and the Practice, on 'The American Law Journal' Top
On Monday, Feb. 21, at 7 p.m. on Philadelphia CNN-News affiliate WFMZ-TV 69, "The American Law Journal" presents ?Auto Accident Claim? No Thanks.?
 
More Million-Plus Awards Out of Philly in 2010 Top
There were a few other cases involving awards over $1 million that we couldn't fit into the print version of the story, "FJD's Million-Plus Awards Increase by One-Third." So here are the details, including three cases not yet reported in The Legal.
 
Former WCJ Joins Pond Lehocky as Of Counsel Top
Peter E. Perry Jr., a former judge and judge manager of the Workers? Compensation Office of Adjudication, Southeastern District, has joined Philadelphia-based workers' compensation boutique Pond Lehocky Stern & Giordano as of counsel.
 
7 Ways to Increase Your Desktop Productivity Top
Blog contributor Neen James wants you to clear off your desk and straighten up your space - you'll be more productive at work if you're not surrounded by clutter!
 
Tips from Journalists: How to Avoid Being Blacklisted by the Media Top
Blog contributor Gina F. Rubel offers tips on how not to anger the journalists you're trying to reach.
 
Seeking Recommendations for Our 'Diverse Attorneys of the Year' Top
We at The Legal are busy preparing our "Diversity" supplement, and all that remains is to find those special lawyers to honor as "Diverse Attorneys of the Year." Which is where YOU come in.
 
What Baseball Teaches Us About Wealth Planning Top
The trustee charged with unraveling Bernie Madoff's wrongdoing has sued the New York Mets owners to recoup investment returns they received from investments with Madoff over many years. Blog contributor Robert H. Louis explores what impact this could have on your clients.
 
Analysis of Wisinksi: Negligence v. Bad Faith Top
Blog contributor Charles Haddick continues his analysis of a Western District ruling that is garnering plenty of attention: an insurance case where the judge found bad faith in the handling of the UM/UIM claim.
 
Montco Republicans Endorse Judicial Candidates Top
The Montgomery County Republican Committee has endorsed attorneys Daniel J. Clifford and Maureen C. Coggins to be the party's candidates in this year's election of two common pleas court judges.
 
Appellate Procedures Blog Intro - Part 2 Top
Blog contributor Mandi L. Scott continues her analysis of an issue concerning the proper start of an appeal in the federal courts, this time focusing on two cases that explore that line between ?clearly interlocutory? and what she calls ?questionably interlocutory.?
 
Reporter's Notebook: Powell a King-Sized Presence on Witness Stand Top
Robert J. Powell's nearly two hours on the witness stand at Mark Ciavarella?s federal racketeering trial Tuesday was highly eventful. And since The Legal's story could only covered a small portion of the proceedings, this blog post can fill out the picture.
 
Pepper Hamilton Adds Former Morgan Lewis Partner in Washington Top
Pepper Hamilton has bolstered its affordable housing and community development practice with the addition of Morgan Lewis & Bockius practice Henry Liu.
 
Update: Avandia Settlements Average $46K Top
Last week, The Legal reported that the first bellwether trial in the Avandia Multidistrict Litigation, based in the U.S. District Court for the Eastern District of Pennsylvania, did not go off because two plaintiffs' attorneys settled their inventories.
 
In Search of Fairminded Jurists Top
On occasion, courts must engage in the strange task of determining whether fellow judges have reached a decision that no reasonable judge could reach. Blog contributor Bruce Merenstein examines a recent U.S. Supreme Court case as an example.
 
Reed Smith Picks Up Senate Finance Committee Chief Counsel Top
Reed Smith has added the former chief minority counsel for the U.S. Senate Committee on Banking, Housing and Urban Affairs to its Washington, D.C., office.
 
"I'll Call In." Minding the Mute Button on Conference Calls Top
This is the first post from our newest blog contributor, who goes by the moniker of Barely Legal. BL will offer humorous musings on what it's really like to work for a law firm. Today's topic: You'll never join a conference call again without wondering ...
 
The Legal Is on Twitter, and You Should Be Too Top
In the interest of trying to connect more with our audience by sharing information about breaking news and her own projects, Magazines & Supplements Editor Jaime Bochet is now tweeting as @JaimeBochetTLI. Follow her and @TheLegalIntell on Twitter!
 
Recent Bad Faith Ruling Draws Attention Top
Blog contributor Charles Haddick examines a Western District ruling that is garnering plenty of attention: an insurance case where the judge found bad faith in the handling of the UM/UIM claim.
 
PA Supreme Court Requires Litigants to Raise Futile Arguments Top
Blog contributor Bruce Merenstein examines a recent Supreme Court case that clarified that a litigant must raise the futile argument in the trial court in order to preserve it for later review.
 
Court Announces Hearsay Rule Change Top
The state Supreme Court has approved the use of hearsay evidence during some preliminary hearings and announced the release of the state's first benchbook on witness intimidation.
 
Non-Verbal Cues: Beware the Smiling Juror Top
Jury analyst and blog contribitor Melissa M. Gomez advises caution when trying to read jurors' body language.
 
9th Circuit: FDA Regulations Do Not Pre-empt State Failure to Warn Claims Top
Blog contributor Adrianne Walvoord analyzes the 9th Circuit's Jan. 24 opinion finding that a generic drug manufacturer?s duty to warn under state law was not pre-empted by federal law.
 
When Supreme Courts Collide Top
Blog contributor Joshua D. Wolson looks at a recent decision from the U.S. District Court for the District of Columbia regarding issues in international contractual arbitration.
 
Can Employees Disparage Employers on Facebook? Top
Blog contributor Eric B. Meyer looks at case that "is unique because it underscores the importance of understanding context when implementing and enforcing a social media policy."
 
3rd Circuit: Subcontractor Cannot Recover on Unjust Enrichment Claim Against School District Top
Blog contributor Wendy Beetlestone examines a case in wich the 3rd U.S. Circuit Court of Appeals was asked to address whether a subcontractor could recover on a claim of unjust enrichment against a school district.
 
In Avandia Case, Motion Hearing Delayed as Attorneys Huddle With Judge Top
Global settlement talks just might be underway in the massive federal multi-district litigation of thousands of products liability suits filed by diabetics who took the drug Avandia, but for now the lawyers are saying nothing.
 
Are Old Judges Bad or Do Bad Judges Just Get Old? Top
There has been some interest of late in debating whether older judges, especially those seniors that have passed age 80, are bad judges. Blog contributor Tony Volpe explains why you might want to reconsider that notion.
 
Process to Replace FJD Court Administrator Is in Place Top
With First Judicial District Court Administrator Dave Lawrence retiring Feb. 18, a committee of the FJD's president judges and a member of the Administrative Office of Pennsylvania Courts will interview candidates to replace Lawrence.
 
Phila. Mass Torts Program Launches New Website Top
In an effort to improve communication with the mass torts bar, Philadelphia Common Pleas Court's mass tort program, the Complex Litigation Center, recently launched a new website, according to Stanley Thompson, director of the CLC.
 
Estate Planning for Pets Top
The care of our pets after we are gone is a matter of concern for many people, but there steps that can be taken to arrange for the needed care. Blog contributor Robert H. Louis explores the options.
 
To LSAT or Not to LSAT: That Is the Question Top
There?s been a bit of a ruckus raised lately over the possibility of a world without the LSAT.
 
Ballard Spahr Adds Three IP Attorneys in Phoenix Top
The firm said it added partners Brian W. LaCorte and Donna H. Catalfio, along with associate Andrea L. Stone. The three joined Ballard Spahr from Phoenix-based Gallagher & Kennedy.
 
The ABCs of Business Valuation Certifications for the Courtroom Top
Contributor Terry Silver of Citrin Cooperman reviews different certifications for business valuation specialists, and discusses which is best for your situation.
 
Former Gov. Schweiker to Consult for Stradley Ronon's Gov't. Affairs Practice Top
As Stradley Ronon Stevens & Young Chairman William R. Sasso readies to help usher in Gov.-elect Tom Corbett Tuesday as part of the transition team, his law firm welcomes a former Pennsylvania governor to its ranks.
 
PBA's Constitutional Review Commission Changes Hearings Schedule Top
The Pennsylvania Bar Association's Constitutional Review Commission has made several changes to its public hearings schedule, cancelling four events and rescheduling another two.
 
Appellate Procedures Blog Introduction - Part 1 Top
New blog contributor Mandi L. Scott of Goehring Rutter & Boehm introduces her appellate blog, with an emphasis on procedure. To start the blog, she is focusing on an issue concerning the proper start of an appeal in the federal courts.
 
Corbett Taps Krancer for DEP Head Top
Governor-elect Thomas W. Corbett has selected Environmental Hearing Board Judge Michael Krancer as the new secretary of environmental protection.
 
Fox News Bias Suit Stayed to Await Ruling on 'Cat's Paw' Theory Top
The scheduled Jan. 18 trial of a race discrimination suit against the Philadelphia affiliate of Fox News has been canceled now that a federal judge has stayed the case to await a ruling from the U.S. Supreme Court.
 
Making CLE Work for You Top
Blog contributor Laura Gleason encourages readers to think about ways your CLE experience could be modified to better support you in your practice.
 
Montco Starts Juror Donation Program Top
Taking a cue from other jurisdictions, Montgomery Common Pleas Court has started a program that enables jurors to donate their fees to charity.
 
Montco Attorney Announces Commissioner Bid Top
Montgomery County attorney Catherine M. "Kate" Harper announced today that she will run as a Republican candidate for Montgomery County Commissioner. All three commissioner slots are up for election this year.
 
Pittsburgh Firm Leaders: Get Firm Management Advice with a Side of Breakfast Top
Calling all Pittsburgh-area firm managing partners and executive committee members! What are the big questions you have about the coming year? The Legal Intelligencer and the Pittsburgh Post-Gazette invite you to hear the answers to those questions and more at our first annual Pittsburgh-area Managing Partners Breakfast, being held Tuesday, Jan. 25.
 
The Legal's "Top 10 Lateral Hires of 2010" Top
The Legal's editorial staff has decided which Pennsylvania attorneys or groups of attorneys to name as our "Top 10 Lateral Hires of 2010."
 
Social Media and the Practice of Law in 2011 Top
Blog contributor Gina F. Rubel offers her suggestions on why it is important for law firms to understand how to harness the power of social media for networking, business development, public relations and marketing while still understanding the ethical and legal implications.
 
DGS: Family Court Construction Contractors Will Be Selected Next Week Top
In the waning days of Gov. Edward G. Rendell's administration, the state Department of General Services is expecting to announce the selection of the construction contractors to build the Philadelphia family courthouse next week, a spokesman reported today.
 
Stradley Ronon Chairman Re-Elected to New Three-Year Term Top
Stradley Ronon Stevens & Young Chairman William R. Sasso has been re-elected to another three-year term as chairman of the firm?s board of directors. He has held the position since 1994.
 
How to Be Productive During the Holiday Season - Part III Top
Yes, there are ways to be more productive during this time of year! Contributor Neen James offers her suggestions, in the third and final post on this topic.
 
Deadline for Family Courthouse Bids Passes; DGS Won't Disclose Number of Bidders Top
With the deadlines for construction bids on the Philadelphia family courthouse passing, the state Department of General Services on Wednesday declined to disclose the number of bidders for construction contracts for general contractor, HVAC, plumbing and electrical construction work on the courthouse site at 15th and Arch streets.
 
Cozen O'Connor Adds Former Energy Sector GC Top
Cozen O'Connor has added to its Denver office a former general counsel and Am Law 100 partner with ties to the energy sector. David Zerhusen will be resident in both the firm?s Denver and Washington, D.C., offices where he will bring both a litigation and corporate background.
 
How to Be Productive During the Holiday Season - Part II Top
Yes, there are ways to be more productive during this time of year! Contributor Neen James offers her suggestions, in the second of three posts on this topic.
 
Does the Burden of Proof Apply Only to Plaintiffs? Top
Contributor Melissa M. Gomez explores the use of alternative defense theories before juries that seem to understand well who holds the burden on proof.
 
New Tax Law Calls for Extensive Work in Estate Planning Top
Contributor Robert Louis examines the tax bill just passed by Congress. It makes fundamental changes in the laws applicable to planning to minimize federal taxation at death. And it does so in a bill that has those changes expiring in two years.
 
Judicial Hellhole, or Much Ado About Nothing? Top
According to The BLT: The Blog of Legal Times, a website affiliated with the Legal: ?Philadelphia is ranked No. 1 in annual survey of ?judicial hellholes? that?s set to be released on Tuesday by the American Tort Reform Association.
 
How to Be Productive During the Holiday Season Top
We place high expectations on ourselves and others during the holiday season; however, there are ways to be more productive during this holiday season. Contributor Neen James offers her suggestions, in the first of three posts on this topic.
 
Women Lawyers Attribute Success to Ambition Top
Gina Rubel attended a Philadelphia Bar Association Women in the Profession meeting where a panel discussed a reccurring theme of ?ambition? and how it plays into moving up and success within a law firm.
 
Blank Rome Communications Officer to Leave Next Year Top
Topper Ray, Blank Rome's chief communications officer and a principal in its government relations subsidiary, is leaving the firm by the end of the year for an outside agency.
 
Law Increases Monetary Venue of Magisterial District Judges Top
Gov. Edward G. Rendell signed into law Nov. 23 an increase of venue over monetary disputes for magisterial district judges.
 
Montco Courts Seek Waiver of Budget Cuts Top
After Montgomery County introduced a budget this week planning for a flat 5 percent cut for every county department, the county's common pleas court, district justices, drug court and correctional facility, among other justice agencies, sought waivers from the cut.
 
Get Firm Management Advice with a Side of Breakfast Top
Calling all firm managing partners and executive committee members! What are the big questions you have about the coming year? The Legal Intelligencer invites you to hear the answers to those questions and more at our annual Managing Partners Breakfast, being held on Tuesday, Dec. 7, from 8 to 9:30 a.m. at Morton's Steakhouse in Philadelphia.
 
Corbett Calls on Lawyers to Help With Transition Teams Top
The names of several prominent attorneys can be found throughout the list issued yesterday of more than 400 volunteers for Governor-elect Tom Corbett?s transition team.
 
Philadelphia's Female Chancellors Offer Advice to Fellow Women Top
?You can be a leader wherever you are,? said Jane Leslie Dalton, partner at Duane Morris and former chancellor of the Philadelphia Bar Association, to a packed room of female attorneys yesterday. ?But nothing happens without obstacles.?
 
What to Look For in an Expert Witness Top
In Terry Silver's 25 years' experience as an expert witness, he says, "I have come to recognize which skills serve me best in the courtroom. It has been an evolutionary process as I fine-tuned my own professional skills. I?d like to share what I believe are the most common characteristics found in successful expert witnesses."
 
The Tale of Two Drug Trials: Paxil and Fosamax Top
In November, two trials involving claims again pharmaceutical drug giants created the perfect backdrop for our state versus federal court dichotomy. The outcomes, unfortunately, didn?t help to bolster our cause ?
 
Rendell Signs Bill Shrinking Chesco's Bench Top
Gov. Edward G. Rendell signed into law Wednesday a bill that reduces the full complement of Chester County's common pleas bench from 14 judges to 13 judges until 2014.
 
Gillison: Family Court Ordinances Expected to Pass Top
Everett Gillison, Philadelphia deputy mayor for public safety, said today that he expects City Council to pass two "technical ordinances" that would allow the city of Philadelphia to support a new Philadelphia family courthouse at 15th and Arch streets in Center City.
 
Barrick v. Holy Spirit Hospital Withdrawn Top
Good news. On Nov. 19, the Pennsylvania Superior Court granted a petition for en banc re-argument in Barrick v. Holy Spirit Hospital, and the original opinion in this case has also been withdrawn.
 
UPDATED: Philly's Mortgage Foreclosure Program Goes to the White House Top
A Philadelphia judge and law clerk are participating today in a White House event on access to justice, describing Philadelphia's efforts to improve outcomes for litigants in mortgage foreclosure cases.
 

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