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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.
