The Legal Intelligencer | Commentary
By Alan Nochumson and Alex Goldberg | April 29, 2024
In a recently published opinion, the Pennsylvania Commonwealth Court in Shyam Ventures v. Zoning Hearing Board of the Borough of Castle Shannon, 2024 Pa. Commw. LEXIS 76 (Pa. Cmwlth. Mar. 7, 2024) set clear limits on the expansion of a legal nonconforming use and when such an expansion may be considered an entirely new use altogether.
The Legal Intelligencer | Commentary
By Casey Alan Coyle and Michael Libuser | April 29, 2024
The fight is over legislation that prohibits the Pennsylvania Department of Revenue (the department), the administrator of the lottery, from offering products that "simulate casino-style lottery games" as part of the iLottery program. The Pennsylvania Supreme Court recently construed the meaning of that phrase in Greenwood Gaming & Entertainment v. Department of Revenue.
The Legal Intelligencer | Commentary
By Mark Hinderks | April 29, 2024
Whether communications (oral or electronic) received by the lawyer constitute such a "consultation" to trigger "prospective client" status depends on the circumstances, including whether the lawyer or law firm has invited the submission of information about the representation through advertising, website reference, etc., without qualifying cautionary statements or warnings about the nature of the communications.
The Legal Intelligencer | Commentary
By Steve Schain | April 29, 2024
Despite the U.S. Food and Drug Administration's approval of depression treatment drug Esketamine and conferring of "breakthrough therapy" status on other psychedelics, the DEA is amping up its prohibition efforts and private industry is punching back.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Pamela Dorian | April 26, 2024
A pair of cases before the U.S. Supreme Court will shape the future of social media content. Both cases—Moody v. NetChoice and NetChoice v. Paxton—present novel questions about the free speech protections available to social media platforms under the First Amendment.
The Legal Intelligencer | Commentary
By Patrick R. Kingsley | April 26, 2024
Clients have inserted arbitration provisions to avoid the expensive trappings of litigation, but their counsel sometimes tries to remake arbitration in the familiar image of litigation. Fortunately, there is a tool to keep this trend in check: the chess clock. (Pun intended)
The Legal Intelligencer | Commentary
By The Young Lawyer Editorial Board | April 25, 2024
Change is inevitable, especially for young lawyers who seek growth and opportunity within their current career paths. In fact, it is very common for young lawyers to consider a change in practice areas for a variety of reasons. As true with any minor or major change, there are associated risks and rewards.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari, Mehrnaz Jalali and Rikisha Collins | April 25, 2024
While the status of the final rules remains uncertain, the SEC's 2010 climate guidance continues to apply. Companies should continue to consider providing more robust disclosure on climate-related risks and their impact on the company's business, results of operations and financial condition in response to demands from investors and to comply with rules and guidance set forth by the SEC, states, other regulatory agencies and other advisory bodies.
The Legal Intelligencer | Commentary
By David G. Mandelbaum | April 25, 2024
Section 308 of Act 2 makes all "decisions by the Department of Environmental Protection involving the reports and evaluations required under Act 2 to be considered appealable actions under" the Environmental Hearing Board Act. That stands out from the rest of Pennsylvania environmental law. It has not been litigated very often, but it may pose risks for practitioners.
The Legal Intelligencer | Commentary
By Meg Pritchard | April 24, 2024
In a collaborative content process, lawyers as subject matter experts can conceptualize the topics and frame the discussion to address the needs and questions of their audiences, provide guidance and feedback throughout the process, and review, finalize and approve the content before release.
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