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This Week's Articles on The Legal Intelligencer

Tuesday, February 9, 2010

PEOPLE IN THE NEWS

The Legal Intelligencer

Elected and Appointed

Paul J. Gitnik of Paul J. Gitnik & Associates was elected to the Phipps Conservatory and Botanical Gardens board of trustees. The conservatory, a great steel and glass Victorian greenhouse, is located in Pittsburgh's Schenley Park.

U.K.'s Allen & Overy Opens in Australia

The American Lawyer

With its Monday announcement that it is opening offices in Sydney and Perth with 17 locally recruited partners, British legal giant Allen & Overy is clearly making a major push into Australia.

Meet the Editors on Feb. 11 - Submitting to Editorial Pages

The Legal Intelligencer

As an update to my last blog, I want to remind everyone that the Philadelphia Bar Association Bar-News Media Committee will host "How and When to Share Your Opinion with the Press - Submitting to Editorial Pages" at noon Feb. 11.

SPONSOR SPOTLIGHT

Tuesday, February 9, 2010

N.J. Justices Debate Translation of Breath Test Refusal Warnings

New Jersey Law Journal

Before police take a breath sample from a suspected drunken driver, they are required by statute to read a standard statement about the stiff consequences of refusing the test.

Parents of school bus crash victim settle lawsuit

The Associated Press

FALMOUTH, Ky. (AP) ? The parents of a teenager who was killed in a school bus crash have settled a lawsuit against a northern Kentucky trucking company.

Ind. man sues NIPSCO after wife killed in blast

The Associated Press

FORT WAYNE, Ind. (AP) ? A Fort Wayne man whose wife was fatally injured in a natural gas explosion at their home is suing the gas company, saying neighbors reported fumes before the blast.

Rendell proposes lower sales tax but on more items

The Associated Press

Gov. Ed Rendell on Tuesday presented lawmakers with a $29 billion spending plan that would devote more money to schools, prisons and health care for the poor while taxing the sale of many services for the first time.

Rendell Calls for Tax on Legal, Other Professional Services

The Legal Intelligencer

Gov. Edward G. Rendell, in his budget address today, called for the elimination of the sales tax exemption on legal services, along with the elimination of most of the other 74 exemptions for goods and services.

Judge upholds LAPD financial disclosure rule

The Associated Press

LOS ANGELES (AP) ? A federal judge has upheld a requirement that Los Angeles gang and drug officers disclose their personal financial information.

Pennsylvania Enacts Tax Amnesty Program

The Legal Intelligencer

Legislation has been enacted (Act 48) to establish the Pennsylvania Tax Amnesty Program. The amnesty program begins on April 26 and will end on June 18, 2010. All taxes owed to the commonwealth of Pennsylvania and administered by the Pennsylvania Department of Revenue are eligible for amnesty.

Rendell to set election date to replace Murtha

The Associated Press

Pennsylvania Gov. Ed Rendell says he will decide in the coming days when to schedule a special election to replace U.S. Rep. Jack Murtha.

Von Mehren, Spector Gadon Lawyer, Dies

The Legal Intelligencer

Peter A. von Mehren, a Spector Gadon & Rosen attorney in the firm's litigation group, passed away unexpectedly on Feb. 1. He was 55.

Changes in New Pennsylvania Support Guidelines

The Legal Intelligencer

Pursuant to the Pennsylvania Support Guidelines, the guidelines shall be reviewed at least once every four years. After the most recent review, which began in 2007, the new Support Guidelines were adopted on Jan. 12. The effective date is May 12, 2010.

San Diego teen curfew struck down by court

The Associated Press

SAN DIEGO (AP) ? A state appeals court has struck down a San Diego curfew law for teenagers, calling it unconstitutionally broad.

Ill. High Court Uncaps Medical Malpractice Damages Again

The National Law Journal

The Illinois Supreme Court has once again shot down a state law capping non-monetary damages in medical malpractice lawsuits, finding that such a statute violates the separation of powers between the judicial and legislative branches.

Cozen Grows Revenue 23 Percent, PPP 19 Percent

The Legal Intelligencer

The addition of nearly 90 laterals coupled with a substantial contingency-fee payout significantly boosted Cozen O'Connor's revenues and profits in 2009.

First witness finished at Pa. corruption trial

The Associated Press

The first prosecution witness is finished testifying in the public corruption trial of a former state representative and three former House Democratic aides.

Testimony: No legislative staffer turned down a bonus

The Associated Press

The former chief of staff to the House Democratic floor leader testified Monday that none of the people who were given bonuses out of state funds for working on campaigns ever turned down or returned the money.

Lawyer: I Warned JCB About Former Luzerne Judges in '05

The Legal Intelligencer

Though it didn't come in the form of a complaint, a former solicitor for the Luzerne County Controller's office told the Judicial Conduct Board's deputy counsel as early as 2005 that he had concerns about two of the county's judges and a private juvenile detention center being built there.

As Economy Fluctuates, Labor Lawyers' Tasks Change

The Legal Intelligencer

With a recession still lingering and a year-old administration still settling into place in Washington, labor and employment law is busy nationwide and could get even busier over the next year.

CSX Chases Plaintiffs Firm Over Asbestos Claims

The National Law Journal

A railroad company's dogged pursuit of conspiracy and fraud charges against an asbestos law firm is unfolding in a federal appellate court and with a major assist from business and tort reform groups.

Monday, February 8, 2010

PEOPLE IN THE NEWS

The Legal Intelligencer

Elected and Appointed

Rawle & Henderson has elected two attorneys, Claudio J. DiPaolo and Michael G. Sabo , to the firm's partnership.

Pa. courthouse closes because there's no heat

The Associated Press

A Pennsylvania courthouse is closing temporarily because of a lack of heat in the building..

Lawyer Lineup Set In High Court Case Over Gun Ordinance

The National Law Journal

A Washington, D.C., solo practitioner with extensive experience before the Supreme Court will argue in defense of the city of Chicago's strict handgun ordinance in a closely watched Second Amendment case next month.

Verdicts & Settlements

The Legal Intelligencer

A West Chester, Pa., man, accused of stealing money from a company he ran with his brother and causing its demise, has been ordered to pay more than $12 million in damages for his actions.

Military supplier faces key Ga. court hearing

The Associated Press

ATLANTA (AP) ? A major military food supplier charged with inflating prices and defrauding the U.S. government faces a key court hearing in Georgia.

Report: Recession Undermining Diversity Initiatives

The National Law Journal

An American Bar Association report appears to confirm the fears expressed by diversity advocates since the economic recession began 1 1/2 years ago: Spending on law firm diversity initiatives has dried up and layoffs are undoing the gains the profession has made.

SSD -- the Determination Process, Tonight on 'The American Law Journal'

The Legal Intelligencer

Does a Social Security disability claimant with cancer get automatic approval for benefits? How do attorneys respond to claimants who say they don't need a lawyer because they're a "shoo in"?

3rd Circuit to Mull Privacy of Cell Phone Data

The Legal Intelligencer

In a case that could prove to be one of the most important privacy rights battles of the modern era, the 3rd U.S. Circuit Court of Appeals will hear argument this week on the proper legal standard to apply when prosecutors demand cell phone location data.

On Speaking Tour, Thomas Touches on Wide Range of Topics

The National Law Journal

One of the side benefits of the Supreme Court's long winter recess is that justices head out of Washington for speaking engagements, and Justice Clarence Thomas in particular gets to prove yet again that he is incapable of giving a dull speech.

N.J. Schools Can Search Students' Cars Based on 'Reasonable Grounds'

New Jersey Law Journal

School officials in New Jersey don't need probable cause to search students' cars parked on campus, the state Supreme Court ruled on Wednesday. "Reasonable grounds" will do.

Pa. Supreme Court to Decide Employer Sensitive Issues

The Legal Intelligencer

The Pennsylvania Supreme Court is currently deliberating two workers' compensation matters that could affect how employers respond to reinstatement petitions by former employees injured on the job, and what medical expenses are recoverable from the Supersedeas Fund.

Campaign Finance Decision Raises Concern for Pa. Politics

The Legal Intelligencer

The U.S. Supreme Court's decision lifting restrictions on the ability of corporations and labor unions to engage in political expression brought a surge of concern that federal and state elections in Pennsylvania in the future will be skewed in favor of business interests.

First Veon trial witness still on stand after week

The Associated Press

The public corruption trial of a former Pennsylvania lawmaker and three of his former aides wrapped up its first week Friday with the first witness for the prosecution still being cross-examined by defense attorneys.

Reserving Time for Rebuttal Oral Argument on Appeal

The Legal Intelligencer

Within the past few weeks, I presented an oral argument to a three-judge panel of the 3rd U.S. Circuit Court of Appeals.

Friday, February 5, 2010

Diverse Practice, Low Debt Help K&L Gates Prosper

The Legal Intelligencer

When Peter Kalis was a first-year at Kirkpatrick & Lockhart in 1981, the firm completed what Kalis called a "foundational" inter-office merger by acquiring Washington, D.C.-based Hill Christopher & Phillips.

Judge Eases Penalty for Texas Lawyer Who Made Obscene Gesture in Court

Texas Lawyer

After determining Wednesday that he had jurisdiction to hear Austin, Texas, solo attorney Adam Reposa's request to modify the manner and means in which Reposa serves a 90-day sentence for criminal contempt, Senior District Judge Paul Davis of Austin ordered that Reposa remain confined in the Travis County Jail through Feb. 12 instead of for the entire 90 days. "I want you to be there a full 10 days," Davis told Reposa, who appeared before the judge in striped jail garb.

'Legal Armada' Sets Sail Against Toyota

The National Law Journal

Legal attacks against Toyota Motor Sales USA Inc. escalated this week following fresh reports of product safety defects afflicting some of the most popular vehicles in the automaker's fleet.

3rd Circuit Results Split In Student Speech Cases Over MySpace Pages

The Legal Intelligencer

Lawyers were scratching their heads on Thursday over a federal appellate court's seemingly conflicting rulings in a pair of closely watched student-speech cases that both involve high school students who were suspended for creating fake MySpace pages on their home computers to ridicule their principals.

Pa. school board leader pleads guilty in probe

The Associated Press

A school board president in northeastern Pennsylvania has pleaded guilty in federal court to a charge that he participated in a scheme to sell a teaching job.

Howrey Axes 29 Associates and 65 Staff Members

The American Lawyer

In a memo from firm CEO and managing partner Robert Ruyak, Howrey has announced a "reduction-in-force" affecting both associates and staffers at the firm.

Federal appeals court panel to meet in Honolulu

The Associated Press

HONOLULU (AP) ? A three-judge panel of the 9th U.S. Circuit Court of Appeals is set to hear oral arguments next week in Honolulu.

$5M settlement reached in SC deaths of 2 bikers

The Associated Press

COLUMBIA, S.C. (AP) ? An insurance company is paying $5 million to settle a case of a North Carolina driver that struck and killed two bicyclists in South Carolina.

Updating Pa. Products Law: A 'Reasonable' Suggestion

The Legal Intelligencer

Pennsylvania courts prohibit the introduction of negligence concepts in the trial of a strict-liability products case.

Brothers sue Univ. Of Pittsburgh Medical Center over live-donor liver transplant

The Associated Press

A California man and his liver donor brother have sued the University of Pittsburgh Medical Center saying both have complications from their surgeries and weren't fully informed of the risks of live-donor transplants.

Shareholder Suits See Uptick as M&A Deals Flourish

The Recorder

Securities defense lawyers at big firms have noticed an uptick in shareholder lawsuits over mergers and acquisitions, even those worth under $100 million, a reflection of both increased deal activity and eroded share values that have lowered sale prices.

Montco Bar Leader Pledges Focus on Working Lawyers

The Legal Intelligencer

Steven H. Lupin became a lawyer because of his interest in history and politics. "It seemed to me lawyers were always at the center of American history," the 126th president of the Montgomery Bar Association said.

Just in Time for Valentine's Day, a Love Letter to the Law

The Legal Intelligencer

The Christmas tree is mulched, the latkes have been eaten and the holidays are behind us. (Sigh of relief!) But now it's February, and a lawyer's fancy turns to ... love?

PEOPLE IN THE NEWS

The Legal Intelligencer

Event

Cohen & Grigsby will help the Associated Artists of Pittsburgh celebrate its centennial by hosting a reception at the law firm's art gallery, located inside its Pittsburgh office.

British airman joins W.Va. lawsuit against KBR

The Associated Press

CHARLESTON, W.Va. (AP) ? A retired Royal Air Force sergeant has joined 80 West Virginia National Guard veterans who are suing military contractor KBR Inc. over exposure to a toxic chemical during the Iraq War.

Thursday, February 4, 2010

Ky. women sue Toyota over wrecks

The Associated Press

COVINGTON, Ky. (AP) ? Two northern Kentucky women have sued Toyota claiming defective vehicles that suddenly accelerated caused wrecks that injured them.

Ill. medical malpractice caps unconstitutional

The Associated Press

CHICAGO (AP) ? The Illinois Supreme Court says limiting damage amounts in medical malpractice cases violates the state's Constitution.

Compensation Strategies to Attract and Retain Top Performers

The Legal Intelligencer

In the selection of a compensation system, it is imperative to acknowledge and reward those partners whose performance is meritorious. If performance is not adequately recognized and rewarded, it is more likely that top performers, and those who are evidencing promise to be top performers, will seek an alternative or be lured away.

Class Action Lawyers Use Big Win to Create Foundation

The Legal Intelligencer

When the lawyers at Langer Grogan & Diver were awarded $15 million in attorney fees for their work on a massive consumer class action against Wachovia Bank, they decided to put some of the money to work -- in the public interest.

PEOPLE IN THE NEWS

The Legal Intelligencer

Event
The Philadelphia Legal Secretaries Association will host a "Lunch and Learn" on insurance policies from 12:30 to 1:30 p.m. Feb. 9. The program will be held at the offices of Pepper Hamilton, 3000 Two Logan Square, Philadelphia. This program will discuss life and homeowners policies and answer questions regarding coverages.

Woman depicted in child porn wants Pa. man to pay

The Associated Press

A woman who had pornographic images made of her as a child wants more than $3 million in restitution from a western Pennsylvania man who has pleaded guilty to having them on his computer and sharing them with others.

Man pleads guilty in LA to posting film online

The Associated Press

LOS ANGELES (AP) ? Federal authorities say a 31-year-old Irvine man will be placed on probation and ordered to pay restitution for posting "The Love Guru" on the Internet.

So, What do Jurors Really Think?

The Legal Intelligencer

For the past few months, I have been perusing comments folks make about jury duty as @mmgjury on Twitter.

New Chesco Bar Association Head to Focus on Funding

The Legal Intelligencer

The Chester County Bar Association announced Gawthrop Greenwood attorney George C. Zumbano as its new president Jan. 27.

Firms Grow Greener as Environmental Law Heats Up

The Legal Intelligencer

Environmental law, which saw the same slowdown in transactional work other practices did along with decreased enforcement under the Bush administration, is showing signs of life in both lateral movement and practice niches.

Bill Moves to Allow High Court Review of Courts-Martial

The National Law Journal

The House Judiciary Committee has approved a bill that would expand the jurisdiction of the Supreme Court, allowing it to review petitions filed by military service members challenging courts-martial decisions.

Panel Restores $7 Mil. Trade Secrets Verdict

The Legal Intelligencer

The Superior Court reinstated a $7 million verdict in a trade secrets case after the trial judge had ordered a new trial on damages unless the plaintiffs were willing to accept a $2 million award the judge thought appropriate.

'Law of Nature' or 'Invention'? Court Mulls Gene Patents

New York Law Journal

A federal judge in Manhattan heard arguments Tuesday in a lawsuit questioning the patentability of human genes.

How We Can Make Martin Luther King Jr.'s Dream Come True

The Legal Intelligencer

Two score and seven years ago, the Rev. Dr. Martin Luther King Jr. stood at the foot of the Lincoln Memorial and conveyed his inspirational vision of the American Dream. King delivered his speech only nine years after the groundbreaking and momentous decision of the Supreme Court in Brown v. Board of Education striking down segregation in schools.

Dechert Gets 2 Partners From Goodwin Procter

New York Law Journal

Dechert on Monday added two restructuring partners from Goodwin Procter, including the co-head of that firm's practice.

For Estate Lawyers, Expired Tax Raises Questions

The National Law Journal

On Jan. 5, after it sunk in that Congress hadn't reinstated the federal estate tax that lapsed on Dec. 31, Chicago lawyer Thomas Handler sent an e-mail to about 2,000 clients for whom his firm provides estate-planning services.

Incentives for Adopting Electronic Health Records

The Legal Intelligencer

Certain changes to federal law through the American Recovery and Reinvestment Act of 2009, or ARRA, now provide incentives for hospitals and health care providers to adopt electronic health records, or EHR. However, for many eligible providers, this may not yet be incentive enough. This article will summarize the changes and state of the law relative to EHR.

Wednesday, February 3, 2010

JCB Staff Suspected Lokuta Made Anonymous Complaint

The Legal Intelligencer

When an anonymous complaint lodged against former Luzerne County Judge Michael T. Conahan arrived at the Judicial Conduct Board's office in September 2006, staff members immediately suspected a fellow judge facing potential disciplinary charges was behind it, the board's deputy counsel told a commission investigating judicial corruption Tuesday.

Bankruptcy 'Giant' Sykes Dies at 72

The Legal Intelligencer

Well-known bankruptcy attorney David T. Sykes, who spent his entire career at Duane Morris and served for a time as its chairman, has died at 72.

Three Partners Leave Woodcock Washburn, Head to Akin Gump

The Legal Intelligencer

Three Woodcock Washburn litigation partners are leaving the intellectual property boutique to join the Philadelphia office of Akin Gump Strauss Hauer & Feld.

PCA Says It Will Register as Lobbyist, Just Not Yet

The Legal Intelligencer

Richard A. Sprague, counsel for the Pennsylvania Casino Association and chairman of its board of directors, testified Tuesday in Harrisburg that the trade group has every intention of registering as a lobbyist -- but not until it has to.

Obama's Proposed Lobbying Restrictions Draw Mixed Response

The National Law Journal

President Obama's sweeping State of the Union call for more restrictions on "the outsized influence of lobbyists" is drawing a mixed response from both lobbyists and good-government groups.

Wis. Court: Photos from cell phone search can be used

The Associated Press

MADISON, Wis. (AP) ? The Wisconsin Supreme Court says prosecutors can use incriminating photos obtained from the cell phone of a man who was stopped for speeding.

Presumptions and Prejudice in E-Discovery: A Significant Ruling From SDNY

The Legal Intelligencer

Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York recently issued an important sequel to her landmark decisions on e-discovery in Zubulake v. UBS Warburg LLC.

Deciding If or When to Self-Report Issues to the Government

Corporate Counsel

In this era of heightened regulatory scrutiny, in-house counsel often grapple with the very difficult question of if or when they must self-report an issue to the government.

Closing arguments in El Paso judge trial

The Associated Press

EL PASO, Texas (AP) ? A judge in El Paso accused of offering court favors in exchange for cash and sex did not testify before the defense rested in his federal trial.

Hearing set for Casper College lawsuit

The Associated Press

CASPER, Wyo. (AP) ? A federal judge will consider whether to dismiss a lawsuit brought against Casper College by a former instructor who said the school had him unlawfully arrested.

Lateral Moves Spiked in 2009, Report Shows

The American Lawyer

By most measures, 2009 was a dismal year for the legal industry. One notable exception to the drumbeat of record layoffs and bankruptcy actions: According to calculations by Legal affiliate The American Lawyer, there were also a record number of lateral partner moves in the Am Law 200.

Litigation Fraud Allegations Hotly Disputed in Toxic Tort Case

The National Law Journal

After months of silence, plaintiffs' lawyers have been speaking out and adamantly denying allegations that fraud underlies a raft of lawsuits accusing Dole Food Co. Inc. of poisoning workers with the pesticide DBCP on banana plantations in Central America and elsewhere.

Witness testifies Veon OK'd campaigning bonuses

The Associated Press

A central witness for the prosecution in the public corruption trial of former state Rep. Mike Veon testified Tuesday that Veon issued the go-ahead to illegally reward legislative employees who did campaign work with taxpayer-financed bonuses.

PEOPLE IN THE NEWS

The Legal Intelligencer

Event

Lawyers Tom Kline and Shanin Specter will be at the Brandeis Law Society happy hour from 5:30 to 7:30 p.m. Feb. 8 at the Vesper Club, 223 S. Sydenham St., Philadelphia, to talk about the book "Two Boys, Divided by Fortune, United By Tragedy."

Judge Slashes Punitives, Upholds Jury's Finding in HRT Case

The Legal Intelligencer

In an opinion reducing punitive damages awarded to a breast cancer survivor by almost $70 million, Senior Judge Norman Ackerman has become the first Philadelphia Common Pleas Court judge to uphold a jury finding that drugmaker Wyeth failed to warn a plaintiff's prescribing physician of the dangers of breast cancer from using Wyeth's hormonal drugs.