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Saturday, September 10, 2011

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Friday, September 9, 2011

Y! Alert: All News RSS - The Recorder


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The latest from All News RSS - The Recorder


Cameras Shut Out of Second Gay-Rights Hearing Top
 
Council Approves Loan to S.F. After Heated Exchanges Top
 
New 'Persuader' Rules Roil Labor Bar Top
 
Capital Accounts: For Developers, CEQA Bypass Is New Must-Have Procedure Top
 
Viewpoint: BAR-ometer Top
Supreme Court tackles Prop 8 standing, finally ... Class action dust still settling ... Another big win for (de)famed lawyer Tony Serra
 
Viewpoint: Extradite Lockerbie Bomber for Sake of Justice Top
 
On the Move Top
A weekly report of lawyer moves and law firm changes. Keep abreast of where movers and shakers are going and what they're doing.
 
Bar's New President Has Its Back Top
Jon Streeter, of Keker & Van Nest, has fought against calls for reform, saying they come from people who simply want to see the Bar destroyed.
 
Serra Out, Swanson in for Harley Retrial Top
The San Jose criminal defender convicted of money laundering last year is accused of "defaming" her lawyer in his motion to withdraw.
 
SAP Cuts Plea Deal in Oracle Copyright Case Top
 

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Y! Alert: TheLegalIntelligencer.com


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Veteran Litigator, Seeking 'Broader Mission,' to Lead State's ACLU Top
Reginald T. Shuford, the new executive director of the American Civil Liberties Union of Pennsylvania, is a seasoned litigator who says that he knew from the age of 6 that he wanted to be a lawyer.
 
Pa. Firms Making Midlevels Happier Top
The bulk of Pennsylvania firms did a better job keeping their midlevel associates happy this year than they did last year, according to a survey by Legal affiliate The American Lawyer.
 
Judge Upholds $27.6 Mil. Award for Promo Video Injury Top
The $27.6 million awarded to a woman and her husband who said she was injured while taking part in a promotional video for an artificial knee implant should not be reduced, a Philadelphia judge has ruled.
 
Hangley Aronchick Adds Shareholder Schiller to Nameplate Top
Philadelphia-based Hangley Aronchick Segal & Pudlin is now Hangley Aronchick Segal Pudlin & Schiller, marking the firm's first name change since its founding in 1994.
 
Senate Passes Sweeping Patent Reform Legislation Top
The U.S. Senate voted, 89-9, on Sept. 8 to pass a patent reform bill that's been touted as a job-creation bill a little more than an hour before President Obama was scheduled to give a speech outlining a plan to boost jobs.
 
After Suit's Dismissal, Sept. 11 Plaintiffs See Paths Forward Top
In 2002 an unlikely coalition of victims, mostly represented by Motley Rice, and property insurers, mostly represented by Cozen O'Connor, sued Saudi Arabia and a clutch of Saudi princes and charities that allegedly funded al-Qaeda.
 
Judge throws out key part of funeral protest law Top
CLARE, Mich. (AP) - A Michigan law aimed at prohibiting protests at the funerals of soldiers has mostly been struck down as unconstitutional.
 
A Note on Our Special Sept. 11 Issue Top
A few weeks ago, editor Jaime Bochet wrote a post on this blog asking you, our readers, to tell me where you were 10 years ago, on Sept. 11. Your responses poured in, flooding Jaime's in-box and repeatedly touching a nerve that for many of us is still painfully raw.
 
Fresh Ink: Inside Today's Legal - Sept. 9 Top
Today is a little bit different here at The Legal Intelligencer, and your paper looks different too. This won't be your usual round-up of news stories, because today's coverage is devoted almost entirely to commemorating the 10th anniversary of the Sept. 11 attacks.
 
K&L Gates Opens Qatar Office Top
K&L Gates said Thursday that it has opened an office in Doha, Qatar. The new location, the 38th for the Pittsburgh-based firm, will be the second location in the Middle East.
 
Fresh Ink: Inside Today's Legal - Sept. 8 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service - and your paper won't be wet from all this rain!
 
Barely Legal: 'Lessons I Learned During Last Month's Earthquake' Top
Blog contributor 'Barely Legal' reviews a few interesting observations that came to light after experiencing the recent East Coast earthquake.
 
Fresh Ink: Inside Today's Legal - Sept. 2 Top
Happy Friday! Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service.
 
Fresh Ink: Inside Today's Legal - Sept. 1 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service.
 
Checking in on Pa.R.A.P. 1925(b) Top
Pennsylvania Rule of Appellate Procedure 1925(b) has caused problems for numerous appellants over the years. The most common problems relate to service of the Statement of Errors Complained of on Appeal and waiver of issues on appeal due to defective statements.
 
Fresh Ink: Inside Today's Legal (and Delaware!) - August 31 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Fresh Ink: Inside Today's Legal (and PLW) - August 30 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.
 
Is the Constitution the Roadblock to Meaningful Patent Reform? Top
The issue of patent reform and the enforcement of the rights afforded by patents has been making headlines. But each side is attacking the other. Is it possible that the Constitution has built into its genius the very root of the problem?
 
Fresh Ink: Inside Today's Legal - August 29 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service.
 
Phila. Bar Association Opposes Immigration Bills Top
The Philadelphia Bar Association has submitted testimony opposing 14 immigration bills pending in Pennsylvania's House of Representatives' State Government Committee.
 
Fresh Ink: Inside Today's Legal - August 26 Top
Happy Friday! Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service.
 
Fresh Ink: Inside Today's Legal - August 25 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Thursday morning? Check out our roundup of today's contents.
 
Conahan's Sentencing Set for Sept. 23 Top
Former Luzerne County Common Pleas Court Judge Michael T. Conahan's sentencing has been scheduled for Friday, Sept. 23, in Scranton. The news comes less than two weeks after Conahan's alleged co-conspirator Mark A. Ciavarella was sentenced to 28 years in prison.
 
Fresh Ink: Inside Today's Legal (and Delaware!) - August 24 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Fresh Ink: Inside Today's Legal (and PLW) - August 23 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.
 
10 Years Later: Where Were You on Sept. 11? Top
We want to know: Where were you 10 years ago, on Sept. 11, 2001? The Legal is gathering your stories to publish in a special commemorative issue scheduled for Sept. 9, so read on to find out how you can participate.
 
Fresh Ink: Inside Today's Legal - August 22 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Check out our roundup of today's contents.
 
Barely Legal: 'Oddly Enough, Emily Post Has Nothing to Say on This Situation' Top
Blog contributor 'Barely Legal' wonders what etiquette expert Emily Post would say about how to proceed now that a professional relationship has crossed a line - informal greetings outside the office.
 
Fresh Ink: Inside Today's Legal - August 19 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Friday morning? Check out our roundup of today's contents.
 
Ciavarella Tells Court He's Broke Top
Former Luzerne County Judge Mark A. Ciavarella has filed an application asking the court to declare him indigent.
 
Legal Proceedings and Written Expert Reports Top
Blog contributor and Citrin Cooperman consultant Joseph Barbagallo looks at written expert reports; why you may want or need them in your case, and what they should include.
 
Fresh Ink: Inside Today's Legal - August 18 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Check out our roundup of today's contents.
 
Fox Rothschild Wants to Represent Trocadero Theater in Bankruptcy Top
Fox Rothschild is looking to represent Philadelphia entertainment venue Trocadero Theater in its bankruptcy filing in the Eastern District of Pennsylvania.
 
3rd Circuit: No Constitutional Right to Privacy for Sharing "Secret" Opinions Top
The 3rd Circuit has rejected a school board member's claim that she had a Fourteenth Amendment right to privacy of opinions she shared in an investigation into an illicit relationship between a teacher and a minor student. Wendy Beetlestone examines the case.
 
Fresh Ink: Inside Today's Legal (and DLW!) - August 17 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Federal Judge Approves Phila. Jail Overcrowding Settlement Top
A federal judge has approved the settlement of a class action that alleged the conditions in the Philadelphia Prison System violated the U.S. Constitution and that inmates housed three to a cell did not receive essential services.
 
Fresh Ink: Inside Today's Legal (and PLW) - August 16 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.
 
Should Lawyers Google+? Top
Blog contributor Gina F. Rubel looks at the new Google+ platform and its potential appeal for lawyers and law firms.
 
Live Tweeting Ciavarella's Sentencing Top
Follow reporter Zack Needles on Twitter @ZNeedlesTLI tomorrow for live tweets from former Luzerne County Judge Mark A. Ciavarella Jr.'s sentencing hearing beginning at 9 a.m.
 
Fresh Ink: Inside Today's Legal (and DLW!) - August 10 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Fresh Ink: Inside Today's Legal (and PLW) - August 9 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.
 
Court Clarifies Procedure to Challenge Frivolousness in Double Jeopardy Top
Mandi L. Scott examines the Pa. Supreme Court's recent action to clarify the procedure required for a criminal defendant to seek limited appellate review of a trial court's written finding that the defendant's double jeopardy challenge is frivolous.
 
Fresh Ink: Inside Today's Legal - August 8 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Check out our roundup of today's contents.
 
Drexel Law School Gets Full Accreditation Top
Drexel University Earle Mack School of Law has received its full accreditation from the American Bar Association. The Council of the ABA's Section on of Legal Education and Admissions to the Bar approved the application Friday at its annual meeting in Toronto.
 
Fresh Ink: Inside Today's Legal - August 5 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Friday morning? Check out our roundup of today's contents.
 
Fresh Ink: Inside Today's Legal - August 4 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents.
 
Fresh Ink: Inside Today's Legal (and PLW!) - August 2 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.
 
Why Firms Should Develop Strategic Plans Top
Kimberly Alford Rice explains that the strategic planning process, if well-defined and carefully implemented, will cultivate a greater sense of teamwork and strengthen common goals and direction at all levels of a firm.
 
Introducing our 2011 Lawyers on the Fast Track! Top
Following are the names of the 27 Pennsylvania attorneys who have been selected as this year's "Lawyers on the Fast Track."
 
Fresh Ink: Inside Today's Legal - August 1 Top
Welcome to another morning round-up of the articles inside today's Legal. Read on to check out all of the day's legal news and contributed columns.
 
Fresh Ink: Inside Today's Legal - July 29 Top
Happy Friday! Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents.
 
Supreme Court Posts Amounts Paid to Luzerne County Victims Top
The state Supreme Court posted three special master determinations that collectively listed the names of over 100 victims of juveniles whose convictions were tossed out following the Luzerne County "kids-for-cash" scandal and the amounts each will be compensated.
 
Warning Signs of a Bad Expert Witness Top
Blog contributor Terry Silverman emphasizes that it's important to have an expert witness who not only has the qualifications, but also a good team approach, sufficient communication skills and a likable enough personality.
 
Fresh Ink: Inside Today's Legal (and DLW!) - July 27 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Fresh Ink: Inside Today's Legal - July 26 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today also includes our Pennsylvania Law Weekly section, and a special Energy Law supplement.
 
Magid Agrees to 100-Day Suspension Over Political Activity Top
 
Fresh Ink: Inside Today's Legal - July 22 Top
Happy Friday! Start the end of the week off right with your daily round-up of stories in today's edition of The Legal Intelligencer. (Some stories may require registration or a paid subscription.)
 
Will Uncertain Client Demands Continue to Fuel Turbulence in IP Marketplace? Top
We have seen an increase in the amount of movement of IP attorneys to smaller boutiques with a limited focus on certain practice areas. Blog contributor Anthony Volpe explores the questions such moves raise.
 
Fresh Ink: Inside Today's Legal - July 21 Top
Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. (Some stories may require registration or a paid subscription.)
 
Pulling the Curtain Back on Appellate Fact-Finding Top
Blog contributor Bruce P. Merenstein explores a recent U.S. Supreme Court decision that highlights the use of secondary authority cited in appellate briefs to engage in what amounts to appellate fact-finding.
 
Fresh Ink: Inside Today's Legal - July 20 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Consider this your personal delivery service. PLUS get our Delaware Law Weekly section and check out our online newsletter, the Delaware Business Court Insider, out each Wednesday!
 
Reporter's Notebook: Follow-Up to 'Preconception Torts' Article Top
Last week, reporter Zack Needles posted a blog item wondering why more attorneys weren't taking notice of a recent Superior Court decision on "preconception torts." Now he's followed up with an article gathering perspective on the issue from med mal attorneys.
 
Fresh Ink: Inside Today's Legal - July 19 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Simply read on! (PLUS get our Pennsylvania Law Weekly section, out each Tuesday!) Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)
 
The Trouble with Loss of Consortium Claims Top
Loss of consortium is an important claim in those cases that warrant it. Not all cases do. Blog contributor and jury consultant Melissa M. Gomez explains when it might be prudent to withdraw loss of consortium claims.
 
Fresh Ink: Inside Today's Legal - July 18 Top
Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Simply read on! Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)
 
Reporter's Notebook: The Big Case Hardly Anyone's Talking About Top
It's been more than a week and a half since the Superior Court issued what has the potential to be a landmark case in the largely undeveloped area of "preconception torts," and reporter Zack Needles is more than a little surprised it hasn't received more attention.
 
Fresh Ink: Inside Today's Legal - July 15 Top
Can't find a copy of The Legal this morning? Here's a peek at the stories in today's paper, from the breaking news of the day to our featured columns. Check the blog every morning for the round-up.
 
New Daily Blog Feature: "Fresh Ink: Inside Today's Legal" Top
Can't get ahold of a copy of The Legal this morning? Here's a peek at the stories in today's paper. Check the blog every morning for the round-up.
 
Judge Denies Stay of Production of PHA Legal Bills to HUD Top
A federal judge in Philadelphia has denied a motion to stay the production of legal invoices from the Philadelphia Housing Authority to HUD while the PHA's former executive director appeals the order allowing the bills to be turned over.
 
I Remain, Very Sincerely Yours Top
Blog contributor Gina Rubel reminds us that PR is just as much about what you write as it is about what you say. The content and tone of e-mail messages, letters, text messages and social media messages affect the recipient and their perception of the sender.
 
PBA Hires First Diversity Officer Top
Today is the first day of work for the Pennsylvania Bar Association's first diversity officer, the PBA announced today. Janis M. Leftridge was hired to facilitate efforts to improve diversity within the bar association as well as the overallbar in Pennsylvania.
 
How to Communicate Effectively Without E-mail Top
Blog contributor and productivity guru Neen James offers creative suggestions to help your message stand out in your prospective clients' and important contacts' minds.
 
Exploring Early Settlements: A Sign of Weakness or Ethical Duty? Top
Contributor Charlotte Thomas maintains that trying to settle a case early is not a sign of weakness, but usually is the right thing to do for our clients to save money, time and the psychological commitment of litigation.
 
Don't Ask If You Don't Want the Answer Top
Editor Jaime Bochet is starting to believe that firms really don't care how their clients think they?re doing -- especially after seeing the results of a new LexisNexis survey.
 
Had A Couple of Drinks? There Should Be An App for That Top
Blog contributor Barely Legal wishes technology existed to save us from ourselves when the urge to e-mail after imbibing a few drinks inevitably kicks in.
 
Rules Regarding Records Top
Blog contributor Mandi L. Scott focuses on a few Rules of Appellate Procedure relating to the record -- both original and reproduced.
 
New York's Chief Judge Advocates for Civil Legal Aid Top
Civil legal aid for the poor is in crisis, Jonathan Lippman, chief judge of the state of New York, told the attendees of the Philadelphia Bar Association quarterly luncheon today.
 
Greene Asks Judge to Stay Order Allowing PHA Bills Turned Over Top
Former Philadelphia Housing Authority executive director Carl Greene has asked the court to stay its order allowing the PHA to turn over thousands of pages in unredacted legal bills until he can appeal the judge's decision.
 
Supreme Court Denies Emergency Stay in Family Court Construction Top
The state Supreme Court divided along partisan lines today in rejecting an emergency stay requested by a disappointed bidder so it could protest the award of the electric contract for the new Philadelphia family courthouse.
 
Senate Vote Portends Abolition of Joint and Several Liability Doctrine Top
Pennsylvania's negligence regime appears likely to change after a vote in the state Senate today.
 
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.
 
Family Law: Recent Cases Illustrate That Family Law Is Fascinating Top
While family law may not make the practitioner a multimillionaire, it certainly is fascinating. Sometimes the facts of the cases are more unusual than the fiction created by soap opera writers.
 
Commentary: Despite Naysayers, Juris Doctor Degree Still a Valuable Investment Top
The other night over dinner, a colleague told me that his brother-in-law was still looking for a job ? and so were all his brother-in-law's pals.
 
Insight on Diversity: A Deeper Look at the Business Case for Diversity Top
Is the business case for diversity mere "wishful thinking"? A report issued earlier this year by the Institute for Inclusion in the Legal Profession — titled "The Business Case for Diversity: Reality or Wishful Thinking," suggests this might be the case.
 
Young Lawyer: Economy Spurs Recent Law Graduates to Go Solo Top
When Evelyn Rojas decided to go to law school, she was under the impression that job offers would be falling like manna from heaven by the time she finished her second year. Not quite.
 
Litigation: Talking 'Tort Reform' to the Public as Trial Lawyers Top
As trial lawyers, we are constantly bombarded with cries for "tort reform" from politicians, mega-corporations and insurance companies each and every day.
 
GC Mid-Atlantic: Examining the Evolving 'Power' of Today's General Counsel Top
In the rise and fall of industries, Austrian economist Joseph Schumpeter's most famous phrase — "creative destruction" — describes the fall that precipitates the rise of the next era.
 
Business of Law: How Mastering Body Language Can Transform Business Communications Top
Some lawyers may eschew this topic, as it may seem too "soft" and even ephemeral. I actually believe that this subject is more important for lawyers, since they often rely so heavily on their intellect, precedent and facts that they miss crucial physical and tonal clues.
 
First Amendment: 9th Circuit Mulls Religious Banners and the First Amendment Top
If you were a high school teacher, what posters and inspirational items would you put up in your classroom? What if at your school, "no posters" was not an option, and you were expected to make some personal statement to your students and peers? The next question you may have to ask is: What are the limits your employer can place on what you say? What rights does the administration itself have in this scenario?
 
Ethics Forum: Questions & Answers on Professional Responsibility Top
I am in the middle of a jury trial and during the lunch break, I was eating lunch at a local restaurant. Suddenly a voice said, "I'm one of the jurors on your case and you should stop talking."
 
Family Law: Examining Emancipation and Child Support Obligations in Pennsylvania Top
Issues relating to one's child or children, whether in an intact family or not, can often present difficult challenges.
 
Government: Circuits Differ on Standard of Review in False Claims Act Cases Top
On June 30, the 3rd U.S. Circuit Court of Appeals handed down its decision in United States ex rel. Wilkins v. United Health Group Inc., a False Claims Act case.
 
Litigation: How to Deal Effectively With Questions From the Bench Top
One of the most stressful moments of a hearing or argument comes when the judge looks up from her papers, clears her throat and says, "Counsel, I have a question."
 
Asset Management: The IRS Whistleblower Program: A Tool to Target Noncompliance Top
The U.S. tax system relies on the truthful self-reporting of income by taxpayers, reinforced by IRS auditing and ever-expanding computer matching programs.
 
Law Firm Management: Proven Strategies to Help Differentiate Your Firm From Competitors Top
For many lawyers, the world has never appeared to be as hostile, bewildering or unstable as it does today.
 
Young Lawyer: Shingle-Hanging 201: Never Take Another Day for Granted Top
Besides the exact route, my car ride into work every day is probably much like yours if you drive into the city.
 
Public Interest: Rights for Mentally Ill in Immigration Court Still Developing Top
The request simply noted that the respondent had been crying so uncontrollably that she could not continue with her preliminary hearing.
 
GC Mid-Atlantic: In Wake of Student's Death, Colleges Revisit Online Harassment Top
As the new academic year begins at Rutgers University, some things about dorm living have changed. There are now more housing options for lesbian, gay, bisexual and transgender students.
 
Commentary: Amendments to Pa. Law Change Self-Defense Landscape Top
On June 28, Gov. Tom Corbett signed into law Pennsylvania's first legislative reform to the law of self-defense since 18 Pa. C.S.A. § 505 was enacted in 1972. House Bill 20 of the 2011 session, which became effective Aug. 27, modified 18 Pa. C.S.A. § 505, which, for more than 35 years, was the codification of common-law self-defense.
 
Financial Advice: Insuring Children: Sound Financial Planning or Unnecessary Expense? Top
The question of purchasing life insurance on a child is two dimensional. One might assume that the insured is always a toddler or young child. There are, however, certain instances, albeit limited, where purchasing life insurance on adult children is prudent.
 
Ethics: A suspended or disbarred attorney is very limited in what he or she can do Top
I am a suspended lawyer and a law firm has hired me to be their paralegal. My main job is doing the intake with clients, interviewing them about the case, and writing summaries to the managing partner, and then making recommendations to the managing partner as to what to do.
 
Civil Practice: Federal Court Applies Discovery Rule Used in Med Mal to Legal Mal Claims Top
It was only a matter of time before a court would wield against lawyers the same sword that we have utilized against doctors. A federal court has applied in malpractice cases the discovery rule hated by doctors in medical malpractice cases.
 
Politics: What If the United States Could File for Bankruptcy? Top
To say that we are in the middle of some of the worst economic times in recent memory is not a news flash.
 
Taxation: Divorce and Taxes: Innocent Spouse Relief Under the Internal Revenue Code Top
Many married couples file joint tax returns, and with good reason, since a lower tax bill is frequently the result.
 
Antitrust Law: U.S.-China Antitrust Memorandum a Step in the Right Direction? Top
Three years ago, China's first comprehensive antitrust law, the hotly debated Anti-Monopoly Law of the People's Republic of China (PRC), took effect. Late last month, China took another significant leap into the global arena of competition policy and enforcement when it signed a widely anticipated Memorandum of Understanding (MOU) on Antitrust and Anti-Monopoly Cooperation with the United States.
 
Real Estate Law: Commonwealth Court Reaffirms the Lofty Variance Hardship Standard Top
The recent case of Goldstein v. The Zoning Hearing Board of the Township of Lower Merion filed April 21 by the Commonwealth Court emphatically illustrates the importance of not disregarding the mandates of local ordinances when constructing additions or new structures on one's real estate. As we shall soon see, neither the long-standing nature of a nonconformity, the expense of compliance, nor the acquiescence of one's immediate neighbors will afford relief to the landowner when a hardship is not directly tied to a pre-existing unique physical condition on one's property.
 
Employment Law: Internal Review Does Not Relieve Employer of 'Cat's Paw' Liability Top
Applying the recent U.S. Supreme Court precedent from Staub v. Proctor Hospital, a unanimous 3rd U.S. Circuit Court of Appeals decision determined that an internal and supposedly independent disciplinary review of an employee does not necessarily protect the employer from liability for a supervisor's unlawful discrimination. This is commonly known as the "cat's paw" theory of liability.
 
Bankruptcy Update: 5th Circuit Expands Documents Applicable to Determining Claim Preservation Top
In a matter of apparent first impression, in Spicer v. Laguna Madre Oil & Gas II LLC (In re Texas Wyoming Drilling Inc.), the 5th U.S. Circuit Court of Appeals held in an opinion dated July 21 that it was permissible to consider both a plan of reorganization and its accompanying disclosure statement when determining whether a debtor had sufficiently preserved certain causes of action pursuant to § 1123 of the Bankruptcy Code.
 
YL Editorial Board: Associate's Death a Work-Life Balance Reminder Top
We were saddened to learn about a 32-year-old corporate associate who passed away in June of an apparent heart attack. Some commentators have suggested a connection between her premature death and her workload, which had been especially severe in the weeks immediately preceding her death.
 
LEGAL MARKETING: Sorting Out Social Media for Lawyers, Part II: Top
The first installment of this series addressed social networking platforms including LinkedIn, Facebook, Twitter and Google Plus. It also addressed lawyer and law firm review and recommendation sites including Avvo, Yelp and Martindale. Part II of this series focuses on social content sharing and location-based services.
 
GC Mid-Atlantic: Down Economy, Increased Regulation Impact Corporate Fraud Top
Oh, what a tangled web we weave when first we practice to deceive." Only now, with a down economy and an uptick in new compliance measures, that web has grown even more tangled.
 
Legal Marketing: Sorting Out Social Media for Lawyers, Part I: Top
Social media has certainly taken a stronghold in online communications. There are literally hundreds of tools online to connect, converse, tag, share, review, post, recommend, save and message others.
 
Litigation: Lost Profits Calculations Can Be a Minefield for Practitioners Top
Lost profits calculations can be a very tricky proposition and are not to be entered into lightly.
 
Commentary: Bill Entangles Pa. in Liquor Makers' Relationships With Wholesalers Top
On July 28, Pennsylvania House Majority Leader Mike Turzai, R-Allegheny, unveiled House Bill 11, detailing his vision of the privatization of the commonwealth's liquor and wine wholesale and retail operations. While H.B. 11 has not yet been formally proposed — as the General Assembly is out on its summer recess — the measure has already attracted much media and political attention, including drawing legislators and other interested parties to hearings before the Pennsylvania House of Representative's liquor control committee over the last several weeks.
 
Ethics: A Proposal Would Empower the Disciplinary Board to Issue Public Reprimands Without Court Approval Top
A set of proposals to change the state Rules of Disciplinary Enforcement were published in the Pennsylvania Bulletin of Aug. 6. If adopted, these changes would create a whole new form of discipline in Pennsylvania.
 
Criminal Practice: It's Time for Pennsylvania to Get Moving Against Wrongful Convictions Top
In November 2006, Sen. Stewart J. Greenleaf, R-Montgomery, chairman of the Senate Judiciary Committee, sponsored a resolution passed by the Pennsylvania Senate that created an Advisory Committee on Wrongful Conviction. Senate Resolution 381 directed that the joint state government committee, which is responsible for performing research for both houses and both parties of the General Assembly, establish the advisory committee.
 
Civil Practice: U.S. Supreme Court Weighs In on Campaign Finance Reform Top
Campaign finance reform is without question the only change in our political system that can save this nation from sliding into the total abyss. The unforgivable scene in Washington recently over the debt ceiling, borrowing and taxes is only a glimpse of much worse to come.
 
Environmental Law: Environmental Rights Amendment to the Pa. Constitution: A Force for 'Yes'? Top
In July, the Commonwealth Court decided a case under the Environmental Rights Amendment to the Pennsylvania Constitution. Energy Conservation Council of Pennsylvania v. Public Utility Commission upheld the Public Utility Commission's decision to allow an electric utility to construct a transmission line over challenges raised by environmental groups and the Office of Consumer Advocate under, among other things, Article I, Section 27, of the state constitution.
 
Health Care Law: CMS Approves Noncompetition Clause in Physician Recruitment Agreement Top
Recently, the Centers for Medicare and Medicaid Services issued an advisory opinion (No. 2011-01) approving under the federal Physician Self-Referral statute a physician recruitment arrangement that included a noncompetition clause.
 
Public Interest: Key Questions About Pa.'s Public Education Agenda Top
Pennsylvania lacks a long-term plan for preserving and strengthening its 3,300 public schools, which serve 1.8 million children in the commonwealth. Leadership and commitment are absent on the key issues.
 
Public Interest: People With Disabilities Hurt by State Budget Cuts Top
Throughout the country, the recession has created budgetary constraints at the state level. Pennsylvania is no different. The budget pressures have resulted in diverse efforts to contain and reduce expenditures.
 
Intellectual Property: Luxury Designer Red-Faced After Failing to Monopolize Shoe Color Top
Christian Louboutin, famed creator of well-heeled shoes for well-heeled women, is seeing scarlet since a Manhattan judge recently denied his motion for a preliminary injunction that sought to prevent fashion house Yves Saint Laurent from using the color red on the soles of the shoes in its 2011 "Cruise Collection." Christian Louboutin S.A. et al. v. Yves Saint Laurent America Inc. et al.
 
Litigation: Overcoming the Fear Factor in Adverse Expert Cross-Examination Top
All trial lawyers experience a degree of fear and trepidation when facing the prospect of cross-examining the sophisticated adverse expert — the head of surgery for a hospital, the author of an authoritative textbook or an airline's chief pilot, for example.
 
Young Lawyer: Social Media and the Death of the Conversation Top
I get cranky in August, and this year's end-of-summer rant is about social media. It is not that I am anti-social media, but I think social media is making us antisocial.
 
Paralegals Page: CLE Plays Vital Role for Paralegals' Professional Growth Top
The purpose of continuing legal education (CLE) is to maintain or strengthen knowledge and skills in a particular area. Some courses examine new areas of the law while others review basic practice and principles.
 

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