| 'Error in Judgment' Defense Ban Applies Retroactively | Top |
| The state Superior Court has retroactively applied its earlier ruling banning medical malpractice defendants from relying on an "error in judgment" defense at trial. |
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| Judge Defines Scope Of Avandia Litigation | Top |
| In the massive litigation over alleged side effects from the diabetes drug Avandia, a federal judge has issued a pair of opinions that reject efforts by the drug's maker, GlaxoSmithKline, to significantly limit the scope of the case. |
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| FJD Takes First Step Toward Criminal Electronic Filing | Top |
| The First Judicial District has taken its first step toward electronic filing in criminal cases by launching a project to eliminate paper files in its Center City Philadelphia criminal courthouse. |
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| Former Secretary of State Merenda Joins Lavin O'Neil | Top |
| Former Secretary of State Basil L. Merenda has joined Philadelphia-based Lavin O'Neil Ricci Cedrone & DiSipio as of counsel. |
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| 'Merry' Libertarian Law Group Marks 20 Years | Top |
| Few lawyers can boast that they've had a piece of pizza named after them. But Bert Gall of the Institute for Justice can. |
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| 11th Circuit Split On Resentencing in Crack Cocaine Cases | Top |
| The crack cocaine prosecutions against co-defendants Arthur Smith and Curtis Butler are similar, but their cases have turned out very differently at the 11th U.S. Circuit Court of Appeals. |
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| Sandra Day O'Connor honors Constitution in Philly | Top |
| PHILADELPHIA (AP) - Former U.S. Supreme Court Justice Sandra Day O'Connor is back at the National Constitution Center in Philadelphia to commemorate the 224th anniversary of the signing of the Constitution. |
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| Fresh Ink: Inside Today's Legal - Sept. 16 | Top |
| Can't find a paper, but want a sneek peak at the stories inside The Legal this Friday morning? Consider this your personal delivery service. |
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| Fairness Commission Calls for Improvements in Indigent Defense | Top |
| The Pa. Interbranch Commission for Gender, Racial and Ethnic Fairness is working with the state Supreme Court to increase diversity among the lawyers who are appointed to represent indigent criminal defendants, said the commission's report released today. |
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| Fresh Ink: Inside Today's Legal - Sept. 15 | 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. |
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| Using LinkedIn to Build Professional Relationships | Top |
| Blog contributor Gina F. Rubel expounds on the professional benefits of having a LinkedIn profile. For those readers who do not (or do not maintain it regularly), it's time to get with the program. |
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| Fresh Ink: Inside Today's Legal (and Delaware!) - Sept. 14 | 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! |
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| Three Local Firms on 'Best Law Firms for Women' List | Top |
| Three Pennsylvania firms can be found among the top 50 law firms nationally for women to work. Ballard Spahr, Drinker Biddle & Reath and Fox Rothschild were named to the list, compiled by Flex-Time Lawyers and the National Association for Female Executives. |
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| Buchanan Ingersoll Raises First-Year Salaries Too | Top |
| Buchanan Ingersoll & Rooney has edged up the starting salaries for its Pennsylvania first-year associates. The firm had paid $100,000 in Pittsburgh and $110,000 in Philadelphia last year. It will increase those figures to $105,000 and $112,500, respectively, for 2011. |
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| Fresh Ink: Inside Today's Legal (and PLW) - Sept. 13 | 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. |
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| Back to School for the Legal Industry? | Top |
| New blog contibutor Julia Claire wonders, with all the changes to the legal profession in the last few years - will there be a generation of 'lost' lawyers? Maybe it's time the profession considered going back to school. |
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| Fresh Ink: Inside Today's Legal - Sept. 12 | Top |
| Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? (PLUS a link to our new video content?)Consider this your personal delivery service. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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? |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| Should Lawyers Google+? | Top |
| Blog contributor Gina F. Rubel looks at the new Google+ platform and its potential appeal for lawyers and law firms. |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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." |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| Magid Agrees to 100-Day Suspension Over Political Activity | Top |
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| 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.) |
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| 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. |
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| 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.) |
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| 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. |
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| 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! |
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| 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. |
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| 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.) |
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| 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. |
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| 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.) |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| Rainmaking at Its Best: Focusing on Clients First | Top |
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| Judge Rendell Appointed to MDL Panel | Top |
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| Daniel McCaffery to Announce Pa. Attorney General Bid | Top |
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| 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! |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 ... |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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." |
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| 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. |
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| 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. |
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| 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.? |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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." |
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| 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. |
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| 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. |
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| 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! |
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| 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. |
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| 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! |
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| 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. |
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| 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. |
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| 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. |
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| 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? |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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! |
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| Litigation: Arbitration Administrator Rules Provisions - Watch Out! | Top |
| Bob is no dummy. Yes, he has made some mistakes in drafting arbitration clauses, but he always keeps his eye on the prize and understands the importance of drafting airtight arbitration provisions. |
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| Intellectual Property: The Implications of the New Patent Reform Bill | Top |
| On Sept. 8, the Senate passed long-awaited patent reform legislation, bringing patent reform one step closer to reality after years of congressional debate. |
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| Financial Advice: Contemporary Estate Planning Involves Social Media, Electronic Personal Property | Top |
| User-generated content defines the Internet today. No longer are websites repositories unilaterally providing static information. |
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| Environmental Law: EPA Proposes Revised Rules to Regulate Hazardous Waste Recycling | Top |
| On July 22, the U.S. Environmental Protection Agency published in the Federal Register a proposal to revise its Definition of Solid Waste rule. |
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| Securities Law: How Will the Dodd-Frank Whistleblower Rules Affect Companies? | Top |
| The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), signed into law by President Obama on July 21, 2010, created a whistleblower program that will reward and protect from employer retaliation individuals who report violations of federal securities laws to the Securities and Exchange Commission. On May 25, 2011, the SEC adopted rules to implement the program, which became effective on Aug. 12, 2011. |
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| Young Lawyer: Divining the Bonus Pool: Scenes From the Safari Channel | Top |
| It's September in South Florida. The long, hot summer will soon give way to the not-quite-as-long and not-quite-as-hot late summer, known in other parts of the nation as "fall." |
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| Employment Law: Interactive Process Critical to ADA Accommodation Case | Top |
| As cases under the amended Americans with Disabilities Act begin to reach the courts, less emphasis will be placed on whether an employee is "disabled" and a greater emphasis will be placed on the questions of whether an employee is a "qualified individual." |
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| GC Mid-Atlantic: West Takes Helm of the Minority Corporate Counsel Association | Top |
| It was a natural disaster that put Joe West on the path to his new perch at the Minority Corporate Counsel Association (MCCA). |
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| Eastern District Practice: Awarding Costs of Litigation to the Prevailing Party | Top |
| This article discusses litigation costs that may be awarded to the prevailing party in a lawsuit pursuant to Local Civil Rule 54.1 and 28 U.S.C. § 1920. The article will not discuss the award of attorney fees. |
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| Appellate Law: It's a New Day for Openness in the Pa. Appellate Courts | Top |
| Today, for the first time in its long history, which dates back to before the United States even existed as a nation, the Supreme Court of Pennsylvania is scheduled to allow television cameras to record its oral argument sessions. |
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| Ethics Forum: Questions & Answers on Professional Responsibility | Top |
| With modern technology, I want to have a totally paperless office and no paper files. I want every file I have maintained electronically without a corresponding paper file. Is that ethical? |
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| Commentary: Avoiding 15 Minutes of Shame | Top |
| In my last column titled "Are You Ready for Your 15 Minutes of Fame?" we looked at what it takes to be ready in advance of, during and after media interviews under normal circumstances. |
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| Commentary: Terminology Essential in Litigating Ankle Injury Claims | Top |
| The ankle is among the most frequently injured joints in the body. According to often-cited statistics, there are 25,000 ankle sprains per day in the United States. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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? |
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| 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." |
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| 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. |
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| 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. |
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| 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." |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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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| Immigration Law: Positive Changes for Immigrant Investors and Entrepreneurs? | Top |
| Two initiatives of President Obama's are starting to have positive reverberations in the administration of our immigration laws. |
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| GC Mid-Atlantic: The Four Horsemen of the Apocalypse, Class of 2011: Hacking | Top |
| The previous column in this series — "The Four Horsemen of the Apocalypse, Class of 2011: The Cloud" — discussed cloud computing and what it means to corporate counsel. |
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| How Can a Law Firm Effectively Organize to Deliver More Client Value? | Top |
| Many firms have collections of great lawyers. The time may be coming when clients will expect them to go beyond this and become effective organizations." So predicted management guru David Maister five years ago. |
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| Litigation: The Zen of Mediation: A Conversation With Mediator Jeff Kichaven | Top |
| If you have ever had the pleasure of participating in a mediation with a talented mediator, you can appreciate the unique skill set required. How does a case transform from unsettleable to one in which all parties are satisfied with the results? I recently sat down with Jeff Kichaven, a Los Angeles mediator, to discuss the psychology behind a successful mediation, and his insight is helpful for all levels of practice. |
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| Ethics Forum: Lawyers should not hold clients' estate money in escrow accounts or Interest on Lawyers Trust Accounts | Top |
| I have been handling a number of small estates that were resolved fairly quickly in six months to a year. I have not been opening a separate estate account, but have been keeping the monies in my escrow/IOLTA account. I then make distribution when there is a family settlement agreement or if the court approves it. Am I doing anything wrong? |
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| Municipal Law: Maintenance of the Urban Forest | Top |
| Most people don't think of metropolitan areas as being forested. |
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| Liquor Law: Act 11 Opens New Frontiers for Liquor Licensees | Top |
| A weekly pop-up pub? A cash bar at a monthly meeting held in someone's office? Easily implemented beer sales at public festivals? All were illegal until earlier this summer when Gov. Tom Corbett signed Act 11 of 2011, which opened the door for "catered function" events that could span all of these, as well as myriad other new uses for liquor licenses. |
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| Law Firm Management: Strategies for Retaining Clients When a Partner Leaves | Top |
| Anticipating the impact of a key partner's departure should begin when the client first comes to the firm. |
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| Alternative Dispute Resolution: Res Judicata, Collateral Estoppel and Arbitration: Part II | Top |
| The relative informality of arbitration proceedings, the general incompleteness of the record, and the absence of a reasoned opinion that would fully reflect the basis and scope of the arbitrator's decision have caused courts to exercise considerable discretion in deciding whether to apply issue preclusion to arbitration awards |
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| Business of Law: Six Steps to Follow for a Successful Job Search | Top |
| Any lawyer contemplating a job switch in these economic times should have a clear game plan. Here are six steps that make sense for any law firm or in-house attorney planning a move. |
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| From the Chief: Lawyers Are Needed Now, as Well as a Focus on Their Struggles | Top |
| When I think of models for leadership, I don't often think of lawyers. Too much second-guessing, too much timidity, too often a lemming-like mentality and a horrible fear to do anything new or that goes against conventional wisdom. However, in these tumultuous times, I actually think lawyers have a lot to offer in terms of helping us out of this political and financial mess. |
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| Construction Law: 'The Government Made Me Do It': | Top |
| For government contractors, the possibility of third-party liability for work performed on a federal construction project is always a concern. However, the defense of government contractor immunity, or GCI, first articulated by the U.S. Supreme Court in Boyle v. United Technologies Corp. , has, when applicable, immunized government contractors from liability against negligence claims brought by third parties against contractors. |
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| Young Lawyer: 10 Tips Mentors Should Adopt for Helping Young Lawyers Develop | Top |
| According to the 14th annual Global CEO Survey conducted by PricewaterhouseCoopers, 98 percent of "millennial" workers believe that working with a coach or mentor is important to their development. More would choose training and development as a benefit than a cash bonus. |
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| Public Interest Law: Community Lawyering: Resurgence of an Old Idea | Top |
| April had seen enough. For weeks she had been waiting for the landlord to repair her heater, to no avail. She'd already notified management of the problem several times, and had even gone so far as to withhold rent in the hopes that this would snap the landlord into action. Her actions did force the landlord into action, though not the sort of action for which April had hoped. |
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| Bankruptcy Update: Tweeter Affiliate Liable Under WARN Act as Single Employer | Top |
| A nondebtor affiliate of Tweeter, the bankrupt electronics retailer, is liable with the debtor under the WARN Act to employees terminated just prior to Tweeter's bankruptcy filing with same-day notice. |
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| GC Mid-Atlantic: Credit-Rating Downgrade May Keep In-House Lawyers Busy | Top |
| Standard & Poor's removal of the AAA credit rating the United States has held for 70 years has generated a lot of finger pointing at and within the federal government. |
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| Upon Further Review: The 3rd Circuit's Report Card From the U.S. Supreme Court - Part II | Top |
| In last month's column, I reported that the U.S. Supreme Court agreed with the outcomes that the 3rd U.S. Circuit Court of Appeals arrived at in two of the five cases that reached the Supreme Court directly from the 3rd Circuit in the recently completed 2010-11 term. |
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| Ethics: It is a professional courtesy to grant an opposing lawyer an extension. | Top |
| I am a young lawyer and my opponent has asked for an extension to respond to an outstanding motion. My client wants me to be very aggressive. Is there any ethical rule to give me guidance as to whether or not I should object to the extension of time request? |
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| Family Law: Superior Court Weighs in on Jurisdictional Issues in Child Custody | Top |
| Recently, a number of Pennsylvania Superior Court cases have been published pertaining to jurisdiction in child custody cases. |
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| Public Relations: Are You Ready for Your 15 Minutes of Fame? | Top |
| In my July 5 column titled "Will Your Story Sell?" we looked at when it's worthwhile to approach the media in order to meet one or more of your organization's objectives. I also talked about what constitutes a good story that will draw the interest of reporters, editors or producers. Now that you've met the criteria for each, you're almost ready to be interviewed for your "15 minutes of fame. |
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| Rieders' Discourse: Superior Court Clarifies Law on Sequestration of Witnesses | Top |
| Have you ever had a situation where you asked the lawyer on the other side not to share with factual eyewitnesses testimony of other witnesses? |
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| Cyberlaw: Is E-Discovery Instant Karma Gonna Get You? | Top |
| In my November 2010 column, "Is E-Discovery Practice the New Fourth Amendment?" I posed the question of whether Victor Stanley Inc. v. Creative Pipe Inc. in the U.S. District Court for Maryland and Rockwood v. SKF USA in the U.S. District Court for New Hampshire signaled a trend toward courts using sanctions for e-discovery violations as they do the exclusionary rule for Fourth Amendment violations, i.e. — to "police" the practice of e-discovery generally by imposing sanctions not simply to punish the litigant, but to deter the future misconduct of others. |
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| Insight on Diversity: Are We Unconsciously Undermining Our Diversity Commitment? | Top |
| As a diversity practitioner, one of my primary goals is to raise consciousness of the value of diversity in our schools, workplaces, government and in our lives generally, but also consciousness of the things that we think and do that undermine our conscious value for diversity. |
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| U.S. Supreme Court: Justices Weigh In on Pharma Marketing, Corporate Speech, Data Privacy | Top |
| The U.S. Supreme Court's June 23 decision in Sorrell v. IMS Health, Inc. is among the 2010 term's most important. |
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| Bankruptcy Update: 2nd Circuit Provides Broad 'Safe Harbor' Protections Against Avoidance Actions | Top |
| Within the Bankruptcy Code, "safe harbor" provisions exist that provide special protection for non-debtor parties against preference and fraudulent conveyance claims arising out of certain types of financial transactions. |
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| White-Collar Law: U.K. Bribery Act's Potential Impact on Business and Commercial Hospitality | Top |
| You are taking potential clients visiting from the United Kingdom to a "baseball match" in Philadelphia. |
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| Intellectual Property: China's Intellectual Property Regime Comes of Age | Top |
| China's intellectual property protection: Not too many years ago that would have been considered an oxymoron. Then the Chinese government announced its future economy would be based on innovation, not manufacturing. |
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| Young Lawyer: 'The Rodent': Law Schools Are Producing Too Many Lawyers | Top |
| The nation's law schools are producing too many lawyers! |
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| GC Mid-Atlantic: Will Rupert Murdoch Be the FCPA Fish the DOJ Can't Land? | Top |
| As Rupert Murdoch and News Corp. survive the first round of Parliamentary committee chastisement in the U.K., is the U.S. Department of Justice eyeing the media conglomerate and its disgraced chairman. |
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| Law Firm Management: Motivating Lawyers to Stay With Your Law Firm | Top |
| Managing partners in today's first-generation law firms are increasingly aware of the need for an effective method of motivating their lawyers. |
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| Business of Law: The Benefits of Balancing Zealous Advocacy With Fairness | Top |
| I was speaking to a young litigator recently who had just settled a contentious and seemingly nasty case. |
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| Ethics: Questions & Answers on Professional Responsibility | Top |
| I received a DB-7 20-day letter from the Office of Disciplinary Counsel. It is asking for my position. Should I respond or just say nothing? |
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| Construction Law: Are Pa. Oil and Gas Wells Ripe Targets for Mechanics' Liens? | Top |
| The Pennsylvania Mechanics' Lien statute has undergone several substantive revisions since its first iteration in 1803. |
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| Commentary: When Work Gives You a Heart Attack | Top |
| An always hotly contested claim involves allegations of a work-related heart attack in the workers' compensation realm. |
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| Rieders' Discourse: The Government Urge to Spend | Top |
| As a government official, I found myself at a budget meeting recently as the only person willing to raise the question as to whether we should approve a budget for the coming year 1.7 percent higher than last year, and more interestingly, what to do with a $600,000 surplus. |
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| Domestic Disputes: Red States, Blue States and Rainbow States | Top |
| It is July 24. I am at the breakfast table and going through the sections of The New York Times as I usually do on a Sunday morning. On page four of the first section, there is an article titled "Across New York, Day of Long-Awaited Weddings. |
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