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Saturday, November 5, 2011

Y! Alert: TheLegalIntelligencer.com


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Phila. Archdiocese Shakes Up Legal Team in Sex Abuse Scandal Top
Philadelphia Archbishop Charles Chaput is in the process of reorganizing the legal team representing the archdiocese in cases involving the sex abuse scandal.
 
Lawyer in Luzerne County Scandal Gets 18 Months Top
A federal judge on Nov. 4 sentenced the former co-owner of two juvenile detention facilities to 18 months in prison for his role in the Luzerne County judicial scandal.
 
Pivotal Elections Next Week for Montco. Court Top
On Monday and Tuesday, the future of the Montgomery County Common Pleas Court, the third largest judicial jurisdiction in Pennsylvania, is set to be influenced greatly by two elections.
 
First Mandatory Minimum Study in 20 Years Issued Top
Black convicted offenders are the racial group least likely to earn relief from mandatory minimum sentences for assisting the government, according to a major study of mandatory minimum penalties by the U.S. Sentencing Commission.
 
Lawyers Charged With Aiding Mob Takeover Of Publicly Traded Firm Top
Five lawyers, including Cherry Hill, N.J., solo Donald Manno — who has represented reputed Lucchese crime family member Nicodemo Scarfo — were among 13 people charged Nov. 1 with aiding a mob takeover of a publicly traded firm.
 
Glaxo Agrees 'in Principle' to $3 Billion Settlement With U.S. Top
GlaxoSmithKline announced on Nov. 3 it had reached a $3 billion agreement in principle to settle various federal government investigations into its drug sales and marketing practices and alleged overbilling of Medicaid.
 
Feds want Alcoa Bahrain suit delayed for probe Top
PITTSBURGH (AP) - A Justice Department attorney has told a federal judge in Pittsburgh that authorities want at least six more months to investigate allegations that Alcoa Inc. and its affiliates bribed officials in the Persian Gulf state of Bahrain.
 
Bad-Faith Protection Does Not Insulate Insurers From Paying Provider Attorney Fees Top
The Pennsylvania Superior Court has ruled in Herd Chiropractic Clinic v. State Farm Mutual that an insurer who followed the peer review process to deny payment of medical expenses under the state Motor Vehicle Financial Responsibility Law (MVFRL) was nevertheless required to reimburse the challenging provider for its attorney fees after the court also found the treatment at issue was determined to be reasonable and necessary.
 
The Quick Fix: Can Settlement Be Reached at a Three-Hour Mediation? Top
We all can recall the settlement conference with a judge or magistrate judge that took three hours and seemed endless. So it is reasonable to ask whether settlements can be accomplished in a three-hour mediation, particularly since most court-mandated mediation is scheduled for just three hours. Judicial settlement conferences, however, are different than mediations in that judges have leverage over the parties.
 
How Much Does Home Field Advantage Really Matter? Top
Unfortunately, the answer to this broad-based question requires the answer that is most unpopular when given by jury consultant.
 
Law Schools - Did the Needle Fall Off the Ethical Compass? Top
The recent reports about law schools misreporting the LSAT scores of the incoming class and the job successes of new graduates raise a concern about their ethics and the obligation of those schools to provide ethical education.
 
Appeals of Interlocutory Orders by Permission Top
The procedures for securing appellate review of an interlocutory order appealable only by permission are set forth in Pa. R.A.P. 1311, et seq. The procedures implement 42 Pa.C.S. §:702(b) of the Judicial Code, which authorizes interlocutory appeals by permission.
 
Judge Kelly Defines the Contours of Bad-Faith Delay Claims Top
Several months ago, Senior U.S. District Judge Robert F. Kelly of the Eastern District of Pennsylvania provided some insight and important analysis of bad-faith delay claims. In the case, Tomer v. Allstate, plaintiff Nancy Tomer filed a bad-faith claim against Allstate arising out of Allstate's handling of her UIM claim. The claim included cognitive brain injury claims and some additional injury claims, including a claim of three fractured teeth made almost three full years following the accident. In addition, Tomer made claims of psychiatric injury as well.
 
U.S., U.K. Lawyers Spar Over American Revolution at Inn of Court Top
After Tuesday night's light-hearted debate between Temple American Inn of Court and Gray's Inn, London, it is clear that time heals all wounds.
 
Discovery of Hidden Assets Top
In divorce proceedings and certain types of commercial litigation, counsel may suspect that the opposing side has hidden some assets.
 
The Candy Dish Top
My mother had it all worked out in her head.
 
N.J District Court Prevents Disability Rights Organizations from Observing Students with Disabilities in the Classroom Top
A collection of statewide agencies that have sued the New Jersey Department of Education and the New Jersey State Board of Education for systematically failing to comply with the Individuals with Disabilities Act have met a roadblock in their efforts to build their case
 
A Law Firm Brochure is Never Enough for Lawyer Marketing Top
I often advise lawyers to document the frequently asked practice-area focused questions they receive in order to draft meaningful articles or blog posts for their public relations efforts.
 
Think Different: What the Legal Community Can Learn From Steve Jobs Top
 
Southeast Pa. Democrat Joins State Attorney General's Race Top
Daniel McCaffery, an unsuccessful candidate in 2009 for Philadelphia district attorney, former Philadelphia assistant district attorney, and shareholder with Friedman Schuman, announced his candidacy for the Office of Attorney General Monday.
 
Fee Awards: Have Judges Separated Themselves From Practice Realities? Top
Contributor Anthony Volpe looks at the trend of recent decisions in which judges have granted fee awards, but have been critical of the number of attorneys that contributed to the matter under consideration or the hours expended in the representation.
 
Jury Analysis: When Common Sense Isn't so Common Top
Jury analyst Melissa M. Gomez explains why you may want to think twice before telling jurors to use their "common sense" in deliberating your next trial.
 
Reporter's Notebook: More on Koken & Auto Accident Law Top
In a talk Tuesday given to the Philadelphia Association for Defense Counsel, Louis E. Bricklin, a defense attorney with Bennett Bricklin & Saltzburg in Philadelphia, provided more insight on the unsettled nature of this area of law.
 
Written Expert Reports - Retaining Counsel Assistance and Proofreading Top
Citrin Cooperman's Joseph Barbagallo offers an extension on a previous article, focusing on the potential disadvantage of an expert significantly relying upon counsel's assistance in the editing and proofreading of his/her report.
 
'Don't Ask, Don't Tell' Repeal Just the Beginning for Former Pa. Congressman Top
Former U.S. Congressman Patrick Murphy, D-Pa., made his rounds today to media outlets to discuss Tuesday's official repeal of the military's Don't Ask, Don't Tell policy regarding gays in the military.
 
Successful Rainmakers Stay the Course Top
Contributor Kimberly Alford Rice explains why frustration and lack of response is no excuse; taking proactive, consistent steps to build and strengthen professional relationships is imperative to developing a solid practice.
 
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.
 
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.
 
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.
 
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.
 
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!
 
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.
 
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.
 
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.
 
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.
 
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.
 
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?
 
Bankruptcy Update: The End of the Road for Triangular Setoffs? Top
Yet another blow has been dealt to the enforceability of netting agreements against a bankrupt counterparty.
 
Cyber Law: You've Been Served - on Facebook? Top
What do you expect to find when you open your Facebook page? A friend request from someone you recently met? Notification you were tagged in a picture with a loved one? How about a summons?
 
Employment Law: Deputy's Right to Privacy Determined to Outweigh Gov't Interest Top
When is filming your female subordinate while in various states of undress a constitutional violation? That was the issue the 3rd U.S. Circuit Court of Appeals grappled with in its Oct. 12 opinion in Doe v. Luzerne County.
 
Law Firm Management: Practices for Law Firms Regarding Social Media Top
Last month I was on a panel at the Computer Forensics Show with Jack Halprin, head of e-discovery, enterprise at Google; Eric Hunter, director of knowledge management at Bradford & Barthel; and Michael Lackey Jr., partner at Mayer Brown.
 
Young Lawyer: Law Clerks Offer Big Opportunities for Small Firms Top
In this difficult economy the legal job market is an increasingly competitive place. There are more law students seeking clerk positions than the larger firms can handle or want.
 
Law Firm Management: When Clients Can't Get Satisfaction - and When They Can Top
No partner likes to receive a complaint from a client. However, what is far worse is when a partner does not receive a complaint, when a client feels aggrieved because of a firm's actions or inactions and does not complain.
 
Litigation: Boundaries Key When Handling Clients With Personality Disorders Top
In contemporary law practice, particularly in litigation, the expert witness in psychology — psychiatrists, forensic psychologists, psychotherapists and so on — increasingly is a member of the teams on opposite sides of a courtroom.
 
GC Mid-Atlantic: Fewer, Cheaper, Better: The Evolution of Buying Strategy for GCs Top
The extended economic dry spell has forced all sectors of industry to rethink how they purchase products and services in the endless hunt for cost reduction and competitive advantage.
 
Business Of Law: The Counter Offer Conundrum: 10 Things for Lawyers, Firms to Consider Top
I recognize the obvious here, namely, that skeptics assume that a recruiter will automatically skew an article like this toward all the ills associated with counter offers, as acceptances of such entreaties block placements and the fees that follow. It is a fair point, but I approach this topic from a much broader perspective, as I have been a candidate myself at various points in my career — and have received several counter offers — and have been significantly involved in recruiting as a member of senior management teams, a manager of my own departments, and as a law firm partner who was heavily involved with the hiring committee.
 
Commentary: It's Not All About You: Keys to Earning Trust Top
Charles Green shared a story about a doctor with more than 25 years experience. "In all my years talking to drug representatives," he quoted the doctor, "I have never heard a single one recommend the drug of a competitor. Therefore, I can never trust them."
 
Ethics: Questions & Answers on Professional Responsibility Top
Is the legal profession still mainly a profession, or is it purely a business?
 
Legal Profession: Does Settlement Preclude Legal Malpractice? Top
Instinctively, it is generally been felt that settlement of an action cures all. Certainly, courts promote settlement (especially nowadays, toward the ever-declining percentage of cases tried).
 
Family Law: A House Divided: Turbulent Economy Brings New Challenges to Family Law Top
Mark and Angie were married in 1992. Anyone who met them thought they were doing well. From early in their marriage until a year before separation, Mark's income had been growing every year.
 
Corporate Law: What's Next for the Year-Old SEC Whistleblower Program? Top
For years, the Securities and Exchange Commission had a whistleblower program in place that accepted information about securities violations in exchange for the possibility of a financial award if funds were recovered.
 
Personal Injury: Functional Capacity Evaluations a Crucial Skill in Personal Injury Practice Top
An often encountered test in the personal injury setting is a functional capacity evaluation. In order to properly conduct a cross-examination in a personal injury or workers' compensation setting, the plaintiffs attorney must understand the nature of the test and its purpose.
 
Litigation: The Pa. Damages Framework for Wrongful Death Act, Survival Act Top
Calculating the economic loss to an estate and its survivors is done differently in most states. Jurisdictional statutes and case law provide the framework for how this calculation is made in a particular venue
 
Intellectual Property: Righthaven Dealt Blow, But Still Moving Forward Top
Righthaven LLC is self-styled as "The Nation's Pre-eminent Copyright Enforcer" and is in the lucrative business of suing bloggers and website owners for copyright infringement of works originally created by a handful of domestic newspapers it calls clients.
 
Securities Law: Pa. Appraisal Statute Not an Exclusive Remedy, 3rd Circuit Rules Top
Corporate practitioners in Pennsylvania have long believed that while a transaction may be susceptible to pre-merger lawsuits for breach of fiduciary duty or equitable claims for injunctive relief.
 
Commentary: Protect Innovators, Not Copyright Lawyers Top
Viacom and YouTube squared off in a New York appeals court last week as Viacom tries to overturn last year's judgment in YouTube's favor.
 
Law Office Technology: Using Google Plus for Corporate Legal Management Top
If managing is hard, co-managing can at times seem to be nearly impossible. In-house lawyers are necessarily co-managers.
 
Young Lawyer: Time for High Court to Update Eyewitness Identification Protocols Top
A person is walking down the street alone at night and is suddenly attacked by a stranger and robbed of their personal belongings. An iPhone, some cash and jewelry are all taken during an encounter that lasts only a matter of seconds.
 
Asset Management: Tax Provisions Under the Proposed American Jobs Act Top
On Sept. 12, President Obama unveiled the "American Jobs Act of 2011." This legislation is intended to stimulate economic growth and job creation. On Oct. 5, Senate Majority Leader Harry Reid, D-Nev., introduced the act in the Senate.
 
GC Mid-Atlantic: Employee Facebook Comments as Protected Activity Top
Consider this scenario: A supervisor contacts legal to report that an employee's publicly viewable Facebook page complains about the company and calls the supervisor a "scumbag."
 
Litigation: Does the Mediation Privilege Apply in Legal Malpractice Cases? Top
In August, The Legal Intelligencer reported a federal court opinion in which the defendant law firm in a legal malpractice suit in state court requested the deposition of the chief mediator of the United States Court of Appeals as part of its defense.
 
Public Interest: Phila. Billboard Agreement Undermines Residents' Rights Top
A well-placed billboard can quickly earn back the cost of construction and land acquisition, and then become a reliable cash cow. Consequently, as City Council has noted in legislative findings, "there exist throughout every area of the City numerous illegally erected commercial outdoor advertising signs that negatively impact upon the general welfare of those neighborhoods."
 
Public Interest Law: Selling Out or Buying In? Art's Alterna-Biz Wave Top
Despite a year full of seething corporate backlash, a tide of "corporations for good" is rising. In Philadelphia, many of them are built from the ground up by artists.
 
Ethics: Judges can support political candidates privately Top
I am a judicial officer, but I wish to contribute to a political campaign. Can I do so?
 
Public Relations: Time to Get in the Social Media Game Top
Without a doubt, the number one question I get from clients and those who ask about my work in strategic communications is whether they or their organization should "be on" or "use" social media.
 
Environmental Law: NSR Enforcement: D'oh Top
On Oct. 12, Judge Terrence F. McVerry of the U.S. District Court for the Western District of Pennsylvania granted motions by the defendants in United States v. EME Homer City Generation to dismiss federal Clean Air Act and Pennsylvania Air Pollution Control Act enforcement actions brought by the U.S., the Commonwealth and the downwind states of New Jersey and New York concerning the Homer City power plant.
 
Gaming Law: Online Gambling Rising as Industry of Interest Top
Pennsylvania Gov. Tom Corbett's administration has clearly indicated that it sees opportunities in the Marcellus Shale industry. By creating an attractive and stable regulatory environment and low tax rates, the Corbett administration hopes to create an economic center for the shale industry in Pennsylvania, much like Houston is the center of the domestic oil industry.
 
Law Firm Management: When to Retreat in Order to Advance Top
Law firms are increasingly turning to retreats to help solve management problems, improve personal relationships and increase team spirit. But a retreat will not succeed unless adequate time and effort have gone into the planning process.
 
Health Care Law: Consent Agreement Reached in Pa. Urology Group Antitrust Suit Top
Recently, a merged group, Urology of Central Pennsylvania Inc. (UCPI), consisting of five formerly independent urology practices in the Harrisburg area, and the Pennsylvania Attorney General's Office reached an agreement to settle the case filed by the attorney general alleging antitrust theories arising out of the merger. The consent agreement was reached just a day after the suit was filed by the Attorney General's Office in the U.S. District Court for the Middle District of Pennsylvania styled as Pennsylvania v. Urology of Central Pennsylvania Inc.
 
Real Estate Law: State Supreme Court Clarifies Pending Ordinance Doctrine Top
On Sept. 28, the Pennsylvania Supreme Court handed down a unanimous decision in Piper Group Inc. v. Bedminster Township Board of Supervisors and Bedminster Township, one which clarified the pending ordinance doctrine and will likely impact the manner in which zoning ordinances are challenged in the commonwealth.
 
Immigration Law: The Holy Grail: Avoiding Abandonment of Permanent Resident Status Top
On the first day of class, my immigration law professor provided us with a copy of a Form I-551 (better known as a "Green Card") belonging to one of his clients.
 
Commentary: Going From a Home-Office to an Office-Home Top
Three years ago, when I was still looking for a "real" job, I hung my law shingle and worked from my home.
 
Young Lawyer: Under N.Y. Proposal, Lawyers Who Counsel Poor Would Get Loan Help Top
New attorneys who volunteer to represent low-income New Yorkers would receive state money to help them repay their student loans under a proposal being considered by court administrators.
 
Paralegals: Must-Have Software and Gadgets for the Paralegal Top
Way back in May 2009, I wrote an article for The Legal titled "Current Cool Software Every Paralegal Could Use." Well, needless to say, the list has only grown.
 
GC Mid-Atlantic: Occupy Wall Street's Lessons on Messaging and Crisis Management Top
Much has been said in recent weeks about the Occupy Wall Street protests in Lower Manhattan.
 
U.S. Supreme Court: Blockbusters Loom as Supreme Court Term Begins Top
It is surely tempting to summarize the Supreme Court's upcoming term in the voice of Charlie Brown's teacher: "Wah wah, wah wah wah wah , health care, wah wah wah wah, health care."
 
Bankruptcy Update: Court: Absolute Priority Rule Applies in Individual Chapter 11 Cases Top
Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005, courts have puzzled over whether Congress intended to eliminate the absolute priority rule for individual Chapter 11 debtors. The absolute priority rule precludes payment to a junior class of creditors or equity holders until all senior classes have been paid in full on their claims.
 
Professional Conduct: Confidant Role Integral to the Practice of Law Top
A true confidant is that unique person in whom one can entrust anything — from insecurities to dark secrets — without fear that it will ever see the light of day or invite judgment, no matter how disturbing its content.
 
Ethics: A bit of exaggeration as to the extent of injuries and value of the case is acceptable Top
I am engaged in settlement negotiations on a personal injury case. During the negotiations, I want to that say this case has a great value. How far can I go in puffing the extent of injuries and value of the case without violating the Rules of Professional Conduct?
 
Crime & Punishment: U.S. Supreme Court Takes Another Look at Plea Bargains Top
This fall, the U.S. Supreme Court will hear a pair of cases that have the potential to impact the way criminal defense attorneys interact with their clients with regard to pleading guilty or going to trial.
 
Geekspeak: Courts Still Look Toward Traditional, Low-Tech Factors in Dealing With High-Tech Cases Top
In Part I, I began to discuss how the state Superior Court decision in Commonwealth v. Koch, in ruling that the state had failed to authenticate text messages coming from and going to the defendant's cellphone.
 
Legal Marketing: Stress-Free Ideas for Relieving Marketing Panic Top
Your firm is putting pressure on you to bring in business. You want to bring in business but the idea of asking for work literally terrifies you or flat out does not agree with you.
 
Litigation: Active Participation Leaves Clients Happy With Outcome, Counsel Top
Excuse me, counsel. This letter was on the ground near my office. Is it yours?
 
Environmental Law: Marcellus Shale and the Ultrahazardous Activity Analysis Top
Pennsylvania lies over the heart of the Marcellus Shale formation, a rock unit underlying approximately 65-million acres of land from West Virginia to New York.
 
Litigation: Preventing (and Recovering From) Courtroom Snafus Top
None of the news reports about the Roger Clemens perjury trial mentioned anything about failed technology.
 
Young Lawyer: Is Your Law Practice Evolving or Devolving? Top
Most lawyers evolve as they develop experience. They learn from mistakes and from observing other lawyers. Although every lawyer is different, most go through some predictable stages.
 
Antitrust Law: Court Affirms Deferential Role in Reviewing Class Certification Decisions Top
Antitrust defendants should pay close attention to the 3rd Circuit's late August decision in Behrend v. Comcast Corp. In Behrend, the court, in an opinion by Senior Judge Ruggero Aldisert (joined by Judge D. Michael Fisher), upheld a decision of the U.S. District Court for the Eastern District of Pennsylvania certifying a class of antitrust plaintiffs who sought relief from cable giant Comcast on the theory that it monopolized the cable market in the Philadelphia Designated Market Area (DMA), which includes 18 counties in Southeast Pennsylvania, New Jersey and Delaware.
 
Employment Law: Court Says Accommodation Efforts Must Be in Good Faith Top
One of the principal effects of the Americans With Disabilities Amendments Act will be to place greater emphasis on the determination of whether an employee seeking an accommodation is "otherwise qualified" for his or her position.
 
GC Mid-Atlantic: Going In-House at Apple With Steve Jobs' Former GC Top
Before he became general counsel at Apple Inc. in 2007, Oracle's then-GC, Daniel Cooperman, was on a business trip in China and his boss' best friend called him with a question.
 
Family Law: Money Received From Will Contest Not Considered Marital Property Top
In the recent case of Strauss v. Strauss, an interesting issue arose regarding whether monies received by Brian Strauss as part of a will contest were to be considered marital property subject to equitable distribution in the parties' divorce action or Brian Strauss' separate estate not subject to equitable distribution.
 
Appellate Law: Examining the Workload of Pennsylvania's Highest Court Top
Recently, a journalist working at one of Pennsylvania's major newspapers called me in the hope that I would be willing to speak on the record about the declining number of opinions that the Supreme Court of Pennsylvania issued in 2010.
 
Family Law: Blood Is Thicker Than Water ... Or Is It? Top
A new custody statute became the law of Pennsylvania in January. There are many changes in the new statute (23 Pa C.S.A. §5321 et seq.), but one of the most important is that as between a parent and a third party, there is now a legal presumption for the parent which can only be rebutted by clear and convincing evidence.
 
Ethics: Maintaining files and giving clients copies is not quite as simple as it might seem Top
A case of mine has been closed for over a year. The client now wants the file. Do I have to give the client everything? What may I retain?
 
Commentary: The Western District of Pennsylvania Will Be a Patent Pilot Program Court Top
Fourteen federal district courts were recently named as participants in the Patent Pilot Program, which is intended to provide specialized expertise in patent infringement cases.
 
Geekspeak: It's Still the Same Old Story Top
I was a prosecutor in the Philadelphia District Attorney's Office for 20 years and, for most of them, my cases dealt with high-tech evidence. Such evidence came from wiretaps or pen registers or, later, from personal computers and the Internet.
 
Insight on Diversity: Diverse Attorney Retention: A Two-Way Street Top
The expansive reach of the Internet and the inescapable web of social networks have resulted in a smaller and more interdependent global society.
 
Financial Advice: Law Firms Employing 'Independent Contractors': Beware Top
Using independent contractors can be risky for many law firms, and remains an age-old concern for businesses in general.
 
Employment Law: When Legal Sense Doesn't Convey Practical Sense Top
In the "Alice in Wonderland" world of employment law, one of the hard parts of an in-house lawyer's job is telling an internal client that something that makes zero practical sense makes complete legal sense.
 
Bankruptcy Update: Bankruptcy Jurisdiction: Where Is the Site of the Fight? Top
Bankruptcy court jurisdiction might not be one of the most exciting aspects of bankruptcy practice, but, as is the case with all litigation, selection of the forum where the controversy will be heard and who will adjudicate the matter is often an important strategy consideration.
 
Young Lawyer: How Would Students Grade Their Law Schools? Top
Recent news articles describe soaring tuition costs and growing enrollments, all in the face of fewer jobs awaiting law school graduates. See, e.g., David Segal's article, "Law School Economics: Ka-Ching!" in the July 17 New York Times. A related question is whether law students are receiving value for their tuition money. Law schools are charged with the responsibility of preparing students for the practice of law. Law schools grade students. How would the students grade law schools?
 
Law Firm Management: A Four-Phase Formula for Strategic Planning Top
Over the past decade, significant changes have occurred within the legal profession that have required law firms to do long-range planning. The market for legal services has become, and will continue to be, more competitive. Mergers and acquisitions have reduced the number of "blue chip" clients available to be served by law firms. Overly aggressive and poorly managed corporate clients have experienced financial distress, others have joined with larger and better managed organizations and many have gone out of business.
 
Intellectual Property: Patent Reform Measures, Job Creation and the Hangover Top
After six years of anxious anticipation, serious benefactors and observers of the U.S. patent system, and those of us professionally involved in the system, may come to regret the congressional piñata know as the Leahy-Smith America Invents Act.
 
GC Mid-Atlantic: When Doing Business in Nigeria, 'Touts' Can Lead to FCPA Violations Top
To the untrained eye, they often appear as scrubby derelict vagabonds, haunting the steps of administrative offices throughout the developing world.
 
Commercial Litigation: 'Trial by the Clock': Has the Time Come? Top
A few weeks ago, we had a trial in federal court. The case involved alleged misrepresentations in connection with the sale of auction rate securities and was relatively complex. There had been 25 depositions, and over 500,000 documents were exchanged. Liability was vigorously contested, and damages were complicated because the principal damage was lost liquidity — not a readily calculated drop in the security's price.
 
Business of Law: The Myth of Attracting the 'Perfect Lateral Partner' Top
Lateral partner recruiting is vital to all law firms today — even the holdouts, who may have eschewed such expansion in the past, have now jumped into the fray.
 
Ethics: A wise judge is consistently on time and rarely absent Top
Every time I go to a hearing at my local courthouse at 9:30, the judge doesn't come out until 10 or 10:30. Is that a violation?
 
Commentary: What to Do When the Media Gets It Wrong Top
How many of you have experienced the following situation when reading a story in the newspaper the morning after you participated in an interview?
 
Commentary: The Cause of a Bone Fracture Is Not Always Obvious Top
One obvious and often encountered injury in a personal injury setting is a bone fracture.
 
Capitol Ideas: Harrisburg Leadership Skips a Generation Top
Ten years ago, I would have called you crazy if you suggested that an entire generation of legislative leadership in Harrisburg would retire, be defeated or go to jail.
 
Commentary: Examining Attorney Liability Defenses Top
In adjusting an attorney liability claim, it is important to understand all of the available defenses.
 
Public Interest: Fed. Health Reform Will Help Consumers, Small Firms Top
For practitioners in large law firms, health insurance is provided by their workplace, and getting that coverage is pretty straightforward.
 
Real Estate: Broker Not Entitled to Commission in Oral Agreement Top
In a real estate transaction involving the lease or sale of commercial property, a real estate broker will typically play a significant role in the transaction.
 
Intellectual Property: The America Invents Act in Action: Top
Patent reform is being hailed as an economic lifeline for the technology industry and a tool to restore momentum to the economy.
 
E-Discovery: Unanswered E-Discovery Questions in the 3rd Circuit Top
Before a court may give an adverse inference instruction to punish a party's spoliation of evidence in violation of Rule 26 and Rule 37's preservation duties, the court must find that the evidence was within the party's control.
 
The Role of Motive and Intent in Franchise Terminations Top
In a recent case decided by Judge R. Barclay Surrick, the U.S. District Court for the Eastern District of Pennsylvania was called upon to decide the ticklish issue of whether motive or intent is relevant in examining the termination of a franchise.
 
New Partners 2011: A Tougher Hurdle to Clear Top
Just as Mario Garcia-Serra expected when he started as an associate at Greenberg Traurig, he worked hard and got promoted a little more than eight years later.
 
Intellectual Property: How to Jump Ahead of the Backlog of Patents Awaiting Examination Top
Current backlogs at art units of the U.S. Patent and Trademark Office are between 18 months and four years, with the overall average time between filing date and first office action at 27 months.
 
GC Mid-Atlantic: What to Do If Your Lawyer Moonlights as a Dominatrix Top
Imagine this: You come into work on a Monday morning to find out one of the most accomplished lawyers in your legal department is actually moonlighting as a dominatrix. What do you do?
 
U.S. Supreme Court: As New Term Begins, Out With the Old, in With the New Top
Next week, the U.S. Supreme Court begins its new term. Before diving into the exciting cases awaiting decision in the coming year, it is worth pausing to examine a few interesting aspects of the court's work from the prior term.
 
Criminal Practice: Court Applies Public Transportation Sentencing Law in Flash Mob Case Top
The Summer 2011 flash mobs in Philadelphia were followed by a public outcry for police, prosecutors and the judicial system to swiftly and decisively detain and prosecute the individuals who sought to destroy the public security of downtown Philadelphia. Publicly, the city enforced a more restrictive summer curfew.
 
Ethics: Tone is critical when contacting former clients who have left with a departed associate Top
An associate of mine left the firm and I just received letters from clients of the firm for whom the associate was working, and they have indicated they wish their file to be transferred to the associate. Can I call or contact the clients to ask them to reconsider?
 
Litigation: Simply Persuasive: Seven Habits of Highly Effective Legal Writers Top
Some attorneys are courtroom attorneys, some attorneys are pre-trial litigation attorneys, but all attorneys read and write. And, like it or not, a lawyer's written product is a reflection of part of his or her worth as an attorney.
 
Environmental Law: De Novo Review in the Environmental Hearing Board Top
On Aug. 26, Chief Judge Thomas W. Renwand of the Pennsylvania Environmental Hearing Board rendered an opinion in Consol Pennsylvania Co. v. Department of Environmental Protection , exploring some basic ? if confusing ? principles of EHB jurisdiction and procedure.
 
Intellectual Property: State and Federal Laws Control Patent Rights in Employment Agreements Top
There has been a recent series of litigation that raised the issue of how an inventor's assignment obligation is created and how it is perfected. The issue would appear to be simple because it is the constitutional right of an inventor to personally secure the patent rights.
 
Health Care Law: CMA Issues Final Medicaid Recovery Audit Contractors Rule Top
Pursuant to Section 6411 of the Patient Protection and Affordable Care Act (PPACA), on Sept. 14, the Centers for Medicare & Medicaid Services (CMS) published a final rule in the Federal Register (76 Fed. Reg. 57808) for the Medicaid Recovery Audit Contractor Program (Medicaid Program).
 
Bankruptcy Update: LLC Members Held to Be Insiders for Preference Liability Purposes Top
Generally, any transfer made by a debtor within 90 days before bankruptcy is considered preferential and may be recoverable by the estate.
 
Employment Law: ABA Opinions Clarify Ethical Obligations in E-Mail Interception Top
One of the "trending" topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged.
 
Paralegals Page: Could You Survive a Social Media Background Check? Top
As of September 2011, the U.S. Bureau of Labor Statistics reported that 14 million people are unemployed.
 
Young Lawyer: Making the Leap: My First Full Week as a Lawyer Top
Last week was my first full week of work. As a lawyer.
 
Litigation: Having the Law on Your Side Isn't Always Enough Top
It's happened to all of us. You wrote a perfect brief: The law was clear and seemed to be on all fours with your facts.
 
GC Mid-Atlantic: EEOC Continues to Target Inflexible Leaves-of-Absence, Attendance Policies Top
Since the enactment of the ADA Amendments Act of 2008, and its broadening of the definition of "disability," employers have recognized that they will be faced with an increased number of requests for reasonable accommodations under the Americans with Disabilities Act.
 
Commentary: Pa. Lags in Guarding Against Mistaken Identifications Top
Eyewitness evidence has long been recognized as the "least reliable" evidence in the prosecutor's arsenal. Fully 80 percent of the 272 people exonerated through DNA to date were identified at their trials by an eyewitness who told the jury something like, "I will never forget that face," but were, in fact, wrong.
 
Law Firm Marketing: What to Do When Facing a Communications Crisis Top
Newspapers and the Internet can deliver much bad news about attorneys and law firms — malpractice suits, defecting partners, trial losses, employee harassment, layoffs or declining profits. More frequently, the bad news can be about clients, which quickly turns their legal problems into public relations problems as well.
 
Ethics: A lawyer who has had contact with a party may represent the other side, if key information wasn't exchanged Top
A client had called and discussed a potential case with me but chose not to hire me. The other side of the case has now called me. Can I represent the other side?
 
Crime & Punishment: Eyewitness Identification Comes to the Forefront Top
Eyewitness testimony is often thought of as the best and most reliable evidence presented during a criminal trial.
 
Law Firm Management: Warning Signs of an Unhealthy Firm Culture and What to Do About Them Top
A firm's culture may be its greatest strength for determining and achieving its immediate and long-term objectives.
 
Cyberlaw: Cost-Shifting — Another Potential Game-Changer? Top
The recent opinion in Couch v. Wan, a 2011 U.S. District Court case for the Eastern District of California, introduces or, better yet, reminds us of another factor that may influence future discovery requestors: cost-shifting.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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."
 
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."
 
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).
 
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.
 
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.
 
Ethics: Lawyering, not technology, should drive the practice 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?
 
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.
 
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.
 
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: Attorneys must make an extra effort to avoid inadvertent contact with jurors during a trial 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.
 
Special Series: E-Discovery Top
This is a weekly series examining the effects e-discovery has had on the practice of law.
 
The Marcellus Shale Play Special Report Top
Is the next wave of the natural gas boom happening right here at home? Click here for a collection of TLI stories about this lucrative site.
 
Luzerne County Scandal Top
Click here for a collection of articles on the corruption scandal in Luzerne County Court.
 
Legal Departments of the Year Dinner Top
Members of the legal community honored four in-house counsel offices selected by The Legal Intelligencer for its Legal Departments of the Year Awards during a recent dinner.
 
E-Discovery Special Report Top
This special report on E-Discovery features discussions on managing ESI dangers, SEC and FINRA investigations, taxation of E-Discovery costs, predictive coding, and the use of Rule 502(d).
 
GC Mid-Atlantic Top
The latest issue of GC Mid-Atlantic features the annual GC Compensation Survey, a directory of Corporate Counsel, an analysis of the Dodd-Frank Act, and more.
 
Intellectual Property Special Report Top
Inequitable Conduct, the ownership of engineering plans, the impact of generic top-level web domains, and IP in the cloud are all addressed in this new intellectual property supplement.
 
First-Year Associates Top
A comparison of life experience and job experience; avoiding first-year job burnout; advice on getting feedback; developing a business program; and a breakdown of hiring and retention statewide are all featured in our First-Year Associates supplement.
 
Construction Law Supplement Top
OSHA standards, "Green" Building Codes, Lien Wavers, Evidence Preservation, Withholding Payments and Source Specifications are all explored in the August 16 Construction Law Supplement to The Legal Intelligencer.
 
Energy Law Top
Articles on the "Frack panel," Pennsylvania's solar energy industry, green energy on the local level, electric capacity prices, Marcellus Shale injury exposure, natural gas regulation, and oil and gas leases are included in this special supplement on energy law.
 
Cooking Up Justice: Cooking Up Justice Top
Dive into this tantalizing collection of recipes from local attorneys, jurists and even the staff of The Legal Intelligencer. From delicious starters, to magnificent main courses to fantastic finishing touches -- there's something sure to please your palate in these pages.
 
Family Law: Family Law Supplement Top
Click here to view the full text of the July 12, 2011 Family Law Supplement to The Legal Intelligencer.
 
GC Mid-Atlantic Top
Click here to view the full text of the June 28, 2011 GC Mid-Atlantic Supplement to The Legal Intelligencer.
 
Auto Law: Litigation II: Auto Law Top
Click here to view the full text of the June 21, 2011 Auto Law supplement to The Legal Intelligencer.
 
Labor & Employment: Labor & Employment Supplement Top
Click here to view the full text of the June 14, 2011 Labor & Employment Supplement from The Legal Intelligencer.
 
Verdict Search's Top Verdicts of 2010 Top
The Top Verdicts of 2010 as reported by Verdict Search contains charts of the top verdicts and settlements in Pennsylvania, along with breakout charts of selected verdict categories. Also included is a summary of the most significant verdicts.
 
Intellectual Property Supplement Top
Click here to view the full-text of the May 17, 2011 Intellectual Property Supplement to The Legal Intelligencer.
 
2011 Diversity Supplement Top
Click here to view the full text of The Legal Intelligencer's April 5 Diversity Supplement.
 
What's Hot, What's Not Top
Social media, regulatory, government affairs and health care practices, and international law are some of the topics in our "What's Hot, What's Not" special report.
 
Top Laterals: Top Laterals Supplement Top
Click here to view the full-text of the Top Laterals Supplement from the February 15 edition of The Legal Intelligencer.
 
Banking & Accounting: Banking & Accounting Supplement Top
Click to view the full-text of the February 8, 2011 Banking & Accounting Supplement to The Legal Intelligencer.
 
PaLAW 2010: Annual Report on the Legal Profession Top
View the online version of PaLAW 2010 magazine, our Annual Report on the Legal Profession.
 
Medical Malpractice: Litigation Supplement Top
Click here to view the articles from The Legal Intelligencer's January 25 Litigation Supplement dealing with Medical Malpractice.
 
Personal Injury: Personal Injury Supplement Top
Click to view the full text of the Personal Injury Supplement to the November 16 edition of The Legal Intelligencer.
 
Intellectual Property Supplement Top
Click here to view the full-text of the November 2010 Intellectual Property supplement to The Legal Intelligencer.
 
Healthcare Law: Healthcare Law Supplement Top
Click here to view the full-text of the October 26 Healthcare Law supplement to The Legal Intelligencer.
 
Real Estate: Real Estate Supplement Top
Click to view the full text of the October 12 Real Estate Supplement to The Legal Intelligencer.
 
SPECIAL ADVERTISING SUPPLEMENT: 2010 How-To Guide Top
A collection of practical, how-to articles for those working in and around the legal profession. An informative advertising supplement to The Legal Intelligencer.
 
Lawyers on the Fast Track: Lawyers on the Fast Track Top
Each year, we at The Legal Intelligencer take this opportunity to recognize young lawyers across the state who have worked tirelessly in their professional, personal and civic lives to improve the legal landscape and the future of others.
 
GC Mid-Atlantic Top
Click here to view the full text of the GC Mid-Atlantic Supplement from the September 14, 2010 edition of The Legal Intelligencer.
 
Alternative Dispute Resolution: ADR Directory & Supplement 2010 Top
Click here to view the full text of the Alternative Dispute Resolution Supplement in the August 17, 2010 edition of The Legal Intelligencer.
 
Construction Law: Construction Law Supplement 2010 Top
Click here to view the full text of the Construction Law Supplement in the August 3, 2010 edition of The Legal Intelligencer.
 
2010 Intellectual Property Directory Top
The 2010 Intellectual Property Directory features attorneys throughout Pennsylvania and Delaware who practice in the IP area.
 
New Associates: New Associates Supplement Top
Click here to view the full text of the July 13, 2010, New Associates Supplement to The Legal Intelligencer.
 
GC Mid-Atlantic: GC Mid-Atlantic Supplement Top
Click here to view the full-text of the June 29, 2010 GC Mid-Atlantic Supplement to The Legal Intelligencer.
 
Litigation: Litigation Supplement Top
Click here to view the full text of the Litigation Supplement in the June 22, 2010 edition of The Legal Intelligencer.
 
Nominations Now Accepted for Lawyers on the Fast Track Top
Nominations are now being accepted for the 2010 Lawyers on the Fast Track awards. Click here to download a nomination form.
 
Job Hunting Guide Top
Click here to view the full text of the Job Hunting Guide supplement to The Legal Intelligencer.
 
Pro Bono: Pro Bono Supplement Top
Click here to view the full-text of the May 25 Pro Bono Supplement to The Legal Intelligencer.
 
Intellectual Property: Intellectual Property Supplement Top
Click here to view the full text of the May 11, 2010 Intellectual Property Supplement to The Legal Intelligencer.
 
Environmental Law: Environmental Law Supplement Top
View the full text of the May 4, 2010 Environmental Law Supplement to The Legal Intelligencer.
 
Women in the Profession: Women in the Profession Supplement Top
View the full-text of the April 20, 2010 Women in the Profession Supplement from The Legal Intelligencer and Pennsylvania Law Weekly.
 

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