Top Headlines Wednesday, May 16, 2012

State Argues $150 Mil. Risperdal Suit Should Have Gone to Jury

Some of the Commonwealth Court's judges seemed skeptical at oral arguments today as to whether Janssen Pharmaceutica defrauded the commonwealth out of $150 million in payments for antipsychotic drug Risperdal or if it was just a lack of research on behalf of the state.

Pa. Bishops Formed Committee to Shield Secret Archives From Discovery

The late Cardinal Anthony J. Bevilacqua and other Pennsylvania bishops formed an ad hoc committee to "better protect ... from civil law discovery" secret-archive files of priests who had a history of problems, including of allegations of sexually abusing minors.

High Court Takes Up Admissibility of Text Messages

In what could be a landmark criminal case regarding electronic communications, the state Supreme Court has agreed to hear an appeal over whether "unauthenticated" text messages may be admitted as evidence during trial.

Federal Judge Greenlights $11 Bil. Whistleblower Suit

A federal judge in Western Pennsylvania refused to dismiss a qui tam suit alleging Pittsburgh-based Education Management Corp. defrauded the federal government of $11 billion.

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GC Mid-Atlantic

Three Uses of Social Media for Corporate Counsel

By now, most litigators have bumped up against at least one or two social media issues in their practices.

Immigration Law

USCIS Implements New Policy Involving Transgendered Persons

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In a significant and progressive step forward, the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) last month announced new guidance for adjudication of immigration benefits in cases involving transgendered persons.

Professional Conduct

A Potential New Duty to Preserve Pre-Closing Transaction Documents

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A federal magistrate judge in Brooklyn, N.Y., Joan M. Azrack, has apparently held that a transactional lawyer may be sanctioned for spoliation for failing to preserve documents, including emails, relating to the lawyer's negotiation and documentation of a loan agreement. This would be a new duty, independent of the "litigation hold" that most attorneys are familiar with, and could represent a significant change in the way transactional lawyers practice as well as presenting a significant new burden. The case is FDIC v. Malik , No. 09–CV–4805 (KAM)(JMA), 2012 WL 1019978 (E.D.N.Y., Mar. 26, 2012) (Azrack, U.S.M.J.).

Environmental Law

'Mineral' Definition Case Could Have Big Impact on Shale

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It has been said that possession is nine-tenths of the law. Recently the Pennsylvania Supreme Court agreed to hear the appeal of a case that involves the other one-tenth, which seems unremarkable enough. Except that this one-tenth has the potential to affect hundreds of millions of dollars' worth of oil and gas leases in Pennsylvania.

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Growth in a No-Growth Market

The following series of articles examines law firm revenue trends and how firms can grow revenue in the current market.

2011 Firm Financial Results

Financial results from the last year for law firms across Pennsylvania are examined in this collection of articles from The Legal Intelligencer.

Penn State Abuse Scandal

View a collection of articles featuring The Legal's coverage of the ongoing Penn State Abuse Scandal.

HEADLINES

High Court Balances Coroner's Act With Right to Know
Justices Take Up Will-Contest Proceeds in Divorce Case
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Justices Mull Whether Retirement Packages Block Unemployment
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Justices Bar Appeals to Superior Court From MDJ Orders
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Business Development Strategies for Women Lawyers

Business development for women lawyers is examined in this video taken from the Women in the Profession Roundtable sponsored by The Legal Intelligencer. Lawyers from large and small firms discuss the different methods and challenges faced by women lawyers as they attempt to create a book of business.

National News

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Congress Hearings on JPMorgan Likely, Lawyers Say
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In Tablet War, Apple Wins Small Battle At Federal Circuit
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Walmart Sued by Shopper Over P.A. Announcement in N.J. Store
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Obama Slower Than Predecessors to Nominate Judges
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Special Reports

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Intellectual Property

Copyrights: From challenges to patent validity; acronyms as domain names; trademark I-Pad issues; to joint infringment's effect on Cloud computing -- all can be found in our Intellectual Property Supplement.

Women in the Profession

The Legal Intelligencer's special report on Women in the Profession features profiles of the Women of the Year, a roundtable discussion on a wide range of topics facing women lawyers today, plus in-depth articles on social media, motherhood, technology, business development and more.

Workers' Compensation

In-depth articles on mediation, certification, retirement standards, changes in WCJ regulations, and hidden liability are featured in this special Workers' Compensation Supplement.