Top Headlines Tuesday, March 9, 2010

JCB Admits It Never Investigated Complaints Against Conahan

Despite receiving four complaints since 2004 against former Luzerne County Judge Michael T. Conahan, who is facing federal racketeering charges, the Pennsylvania Judicial Conduct Board never investigated any of them, it has admitted in writing.

Med Mal, Privacy, Headline High Court's Phila. Argument Session

The state Supreme Court will be in its Philadelphia courtroom this week, listening to arguments in 15 cases, and although topics include a bevy of criminal practice issues -- including determining the level of probable cause necessary for anticipatory search warrants -- the focus for the two-day session seems to be on hotter areas of civil law.

Lawyers Looking to Reform Rule for Arbitration Appeals

It's a procedural rule designed to benefit both plaintiffs and defendants in litigating appeals from arbitrations. But in nearly seven years since Pennsylvania Rule of Civil Procedure 1311.1 was created, questions about its implementation have emerged as the rule is put into effect in the real world.

Midsized Firms Vary in Hiring, Compensating Support Staff

Associate hiring and compensation are perpetually hot topics of discussion for most law firms, but what about those same issues with regard to support staff?

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Eastern District

The Brady Disclosure Requirement's Application to Sentencing

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In Brady v. Maryland and Giglio v. United States, the U.S. Supreme Court established the rule that defendants in criminal trials have a due process right to receive favorable information from prosecutors regarding the defendants' conduct that would aid in the defense of the charges.

Financial Advice

Using Intermediary Does Not Avoid Rules for Like-Kind Exchanges

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The Supreme Court has declined to review the decision of the 9th U.S. Circuit Court of Appeals in Teruya Brothers Ltd. & Subsidiaries, which held that a taxpayer could not employ a qualified intermediary to avoid the like-kind-exchange related-party rules contained in Section 1031(f) of the Internal Revenue Code.

ETHICS

Questions & Answers on Professional Responsibility

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Q: The court ruled in my favor on a motion I filed in a civil case which is proceeding. I just discovered a case that is adverse to my position, which I did not place in my brief because I was not aware of it. Is there a time limitation on my duty to disclose adverse authority?

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