Filing Fanatics

After $50M IKEA Settlement, Feldman Shepherd Sues Company Again

Max Mitchell | June 22, 2018

Attorneys with Feldman Shepherd Wohlgelernter Weinstock & Dodig, who two years ago helped secure a $50M settlement against IKEA over unsafe dressers,…

News

Judge Urges Pa. Superior Court to Affirm $70M Risperdal Verdict

Max Mitchell | June 22, 2018

The judge who presided over a 2016 trial that ended with a $70 million award for a child allegedly injured by Risperdal has urged the Pennsylvania Superior Court to uphold the verdict.

News

Man Who Injured Waitress With Forcible Kiss Hit With $3M Tab by Phila. Jury

P.J. D'Annunzio | June 22, 2018

A server at the Scarpetta Italian restaurant in Philadelphia filed a lawsuit after an October 2016 incident in which a wealthy patron drunkenly grabbed her by the throat and pulled her in for an unwanted kiss.

Commentary

How Smart Is the Proposed Merger Review SMARTER Act?

Carl W. Hittinger and Tyson Y. Herrold| June 22, 2018

On May 9, the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act passed the House of Representatives by a 230-185 vote.

Commentary

#MeToo?: Sexual Harassment and Low-Wage Immigrant Workers

Liz Chacko and Chelsea Edwards| June 22, 2018

The entertainment industry has succeeded in drawing attention to the ways that sexual assault and harassment can become pervasive when employees have limited options for reporting abuse and employers have the power to blacklist.

Commentary

Athletes Use Unique Position to Call for Criminal Justice Reform

Angus Love| June 22, 2018

An ancient Chinese philosopher once opined that he wished to live in interesting times, and we certainly have that opportunity.

Commentary

Key Action Items Stemming From SEC Guidance on Cybersecurity Disclosures

Yelena Barychev| June 22, 2018

Over the years, companies’ approach to cybersecurity has shifted from considering it as a purely technological issue or an issue that can be handled through a combination of technological and regulatory measures, to the current trend of a comprehensive approach to cybersecurity as a governance issue.

Slideshow

The Summary Stage: This Week's Most Popular Stories (in Brief)

Zack Needles | June 22, 2018

Another shakeup in the Philly DA's Office, a novel (and potentially impactful) med mal case, a "historic" family law ruling and more.

Rep. Seeks to Legalize Driving Under the Influence of Medical Pot if Done 'Safely'

Victoria Hudgins | June 22, 2018

Rep. Sheryl Delozier, R-Cumberland County, said she would seek to legalize driving under the influence of medical marijuana as long as “the operation of the vehicle is done so safely.”

Lawmaker Calls for More Transparency With Inspector General Reports

Victoria Hudgins | June 22, 2018

A state representative said he plans to introduce an amendment to the Administrative Code to make reports by the Office of Inspector General privy to Right-to-Know Law requests.

News

Mansfield Rule 2.0 Aims to Boost Law Firms' Diversity Efforts

Meghan Tribe | June 22, 2018

Launching next month with close to 50 law firms already on board, the updated Mansfield Rule will extend to LGTBQ+ attorneys and commit firms to do more to enhance diversity in leadership.

Public Interest Calendar of Events

The Legal Intelligencer| June 22, 2018

Here's what's happening in the public interest section of the law in late June and July.

Commentary

Cybersecurity Due Diligence in M&A Transactions

 Sharon R. Klein and Taylor Jon Torrence| June 22, 2018

As former SEC Commissioner Luis Aguilar aptly stated: “boards that choose to ignore, or minimize, the importance of cybersecurity oversight responsibility, do so at their own peril.”

People in the News—June 22, 2018—Blank Rome

Victoria Hudgins | June 22, 2018

Blank Rome held its annual Trial Academy at Philadelphia City Hall on June 9.

News

Krasner Boosts Starting Salary, Gives Raises to 230 Veteran ADAs

Max Mitchell | June 21, 2018

The changes come after Philadelphia District Attorney Larry Krasner has long promised to increase the base pay and compensation rates for prosecutors.

Capitol Report

Michael Riccardi | June 21, 2018

Following is a listing of executive and legislative action from the week of June 18. Both houses of the General Assembly were in session at press time.

News

3rd Circuit Panel, in Firefighter Hearing-Loss Case, Faults 'Uninformed Rush to Courthouse'

Amanda Bronstad | June 21, 2018

A federal appeals panel upheld an award of about $127,800 in attorney fees and costs to the manufacturer of fire engine sirens after finding the plaintiffs’ firm had failed to investigate claims of hearing loss among firefighters while voluntarily dismissing similar cases across the country.

News

In Another Merger, Fox Rothschild Adds Six to Denver Office

Lizzy McLellan | June 21, 2018

The combination adds four lawyers to the firm's Rocky Mountains outpost.

Nurse Claimed Lasting Injuries From Crash; Defense Disagreed

VerdictSearch| June 21, 2018

On Aug. 7, 2015, plaintiff Guirlene Jean-Baptiste, 47, a certified nursing assistant, was driving in stop-and-go traffic on Roosevelt Boulevard, in Northeast Philadelphia. When she was near Cottman Avenue, her sedan was rear-ended by another car. She claimed permanent neck injuries.

Suit Over Marine's Death in Fiery Crash Settles for $8M

P.J. D'Annunzio | June 21, 2018

The widow of a marine killed in a fiery crash when a tanker truck slid down a decline and impacted his vehicle has settled her case with the excavating company that owned and operated the truck.

Commentary

Zoning Hearing Board: Overlooked, Misunderstood or Misapplied Principles

Blaine A. Lucas and Alyssa E. Golfieri| June 21, 2018

Pursuant to Section 901 of the Pennsylvania Municipalities Planning Code, the state law establishing the framework for zoning and land use development regulations in Pennsylvania, every municipality in the commonwealth that enacts a zoning ordinance is required to create a zoning hearing board.

Commentary

Mitigating Security Risk in Cloud Offerings Through Diligence, Oversight

Barbara Melby and Katherine O’Keefe| June 21, 2018

Cloud services have shifted from emerging to mainstream, with companies in even the most risk-adverse industries exploring and adopting cloud-based solutions.

News

Justices: Third-Party Recovery Doesn't Offset Employer's Future Medical Expense Obligations

Zack Needles | June 21, 2018

The Pennsylvania Supreme Court has ruled that, when a workers' compensation claimant recovers from a third-party tortfeasor, the amount left over after the employer is reimbursed for previously paid compensation applies as credit only toward future disability benefits, not medical expenses.

Commentary

Employment Lawyers Being Targeted by Phishers and Scammers

Jeffrey Campolongo| June 21, 2018

Plaintiffs employment lawyers beware. There is a new email scam targeting employment lawyers that is a variant on the old “Nigerian prince” scam.

News

Blame the Black Box? Jones Day Bias Suit Puts Spotlight on Compensation

Meghan Tribe | June 21, 2018

A gender bias lawsuit against Jones Day puts its compensation model under scrutiny, but the black box approach has its defenders.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| June 21, 2018

What was practicing law like 40 or 50 years ago? As a young lawyer, I find it miserable in this modern world with constant communication, emails, etc.

Commentary

Pa. Supreme Court Tackles Case Involving DUI Arrestee's Blood Test Refusal

Anthony L. Ciuca| June 21, 2018

In Pennsylvania, if you refuse to submit a sample of blood for testing without a search warrant after a lawful DUI arrest the commonwealth may introduce evidence of your refusal against you at trial pursuant to 75 Pa.C.S. Section 1547, commonly referred to as the Implied Consent Law.

Commentary

Self-Authentication of ESI Under Federal Rule of Evidence 902

Edward T. Kang and Kandis Kovalsky| June 21, 2018

In a recent annual Federal Bench Bar Conference in Philadelphia, a U.S. District Court judge warned of the perils of allowing clients to perform their own data and document collection.

Commentary

Recent Law School Grads: I’m a Special Education Attorney, Please Join Me

Kevin Golembiewski| June 21, 2018

Special education law is rewarding, and it offers young attorneys unique professional opportunities. I know from my own experience.

People in the News—June 21, 2018—Marshall Dennehey Warner Coleman & Goggin

Victoria Hudgins | June 21, 2018

Rachel A. Ramsay-Lowe, an associate in the workers’ compensation department in the Roseland, New Jersey, office of Marshall Dennehey Warner Coleman & Goggin, was selected to The Network Journal’s 2018 List of “40 Under Forty” Dynamic Achievers.

News

Justices: UPMC Had Duty to Report Employee Misconduct That Led to Hep C Outbreak

P.J. D'Annunzio | June 20, 2018

The Pennsylvania Supreme Court has ruled that UPMC Presbyterian Shadyside Hospital had a duty to report to authorities the activities of a lab technician whose conduct sparked a multistate hepatitis C outbreak.

Commentary

Networking: Why Is It So Important and Can You Get Better at It?

Dena Lefkowitz| June 20, 2018

Networking has been defined as “a supportive system of sharing information and services among individuals and groups having a common interest.”

News

Lawsuit Over Marine's Death in Traffic Collision Settles for $8M in Middle District

P.J. D'Annunzio | June 20, 2018

The widow of a Marine killed in a fiery crash when a tanker truck slid down a decline and impacted his vehicle has settled her case with the excavating company that owned and operated the truck.

News

Merck CEO Ken Frazier Stresses Need for 'Moral Leadership,' Decries 'Hyperpartisanship'

Max Mitchell | June 20, 2018

The former Drinker Biddle & Reath attorney said he received numerous "off-the-record" calls from prominent business leaders and politicians expressing support when he resigned from President Donald Trump's business advisory council.

News

This Reed Smith Partner Knows All About Yodeling, Especially for Young Stars

Miriam Rozen | June 20, 2018

News of an emerging talent “spreads like wildfire” these days, said the leader of Reed Smith's entertainment practice, who is advising an 11-year-old yodeler, the music industry's latest sensation.

Filing Fanatics

Defective Equipment Case Transferred From Eastern District to Middle District

P.J. D'Annunzio | June 20, 2018

A case involving injuries caused by allegedly defective railroad equipment has been moved to the U.S. Court for the Middle District of Pennsylvania…

Filing Fanatics

With Lawsuit Pending Against Buchanan Ingersoll, Gov. Wolf Holds Fundraiser—at Buchanan Ingersoll

Lizzy McLellan | June 20, 2018

Pennsylvania Gov. Tom Wolf is suing Buchanan Ingersoll & Rooney, but that doesn't mean he's opposed to holding a fundraiser there. Wolf, who…

Commentary

Enough With Arbitration Provisions: Litigators Hate Them and GCs Should Too

Edward S. Robson| June 20, 2018

Arbitration provisions are a common feature of commercial transactions for businesses trying to alleviate the burdens of litigation. In-house and transactional attorneys routinely include arbitration provisions in all flavors of commercial agreements.

People in the News—June 20, 2018—Pennsylvania Bar Association

Victoria Hudgins | June 20, 2018

The Pennsylvania Bar Association presented awards that recognize outstanding leadership in the legal profession and extraordinary service and long-standing membership in the association.

Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman| June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

News

3rd Circ. Upholds Boyertown School District's Transgender Bathroom Policy

P.J. D'Annunzio | June 19, 2018

In a highly anticipated decision following a May hearing, the U.S. Court of Appeals for the Third Circuit said in its opinion released Tuesday that transgender students in a Montgomery County school district may continue using bathrooms and locker rooms that match their gender identities.

News

Cozen O'Connor Joins Pro Bono Fight Against New Clippers Arena in Inglewood

Ross Todd | June 19, 2018

Lawyers from the firm have teamed with Public Counsel and the Public Interest Law Project to challenge the city's deal to sell public land to the sports team rather than use it for affordable housing.

News

$12.8M Pelvic Mesh Verdict Stands as Pa. Begins to Weigh 'Bristol-Myers' Venue Standard

Max Mitchell | June 19, 2018

In the first instance of a Pennsylvania appellate court wading into the effects of the U.S. Supreme Court's high-profile decision in Bristol-Myers Squibb v. Superior Court of California, the Pennsylvania Superior Court has declined to toss a more than $12.8 million judgment against pelvic mesh maker Ethicon.

Allan Gordon, Kolsby Gordon Founding Partner, Former Chancellor of the Philadelphia Bar Association, Dies

thelegalintelligencer | June 19, 2018

Kolsby, Gordon, Robin & Shore founding partner Allan H. Gordon died June 19.

News

Suit Seeks to Relitigate $19M Med Mal Settlement in Light of New Evidence

Max Mitchell | June 19, 2018

Plaintiffs who entered into a $19 million medical malpractice settlement with Abington Hospital in 2013 have sued the company again, alleging it failed to turn over an internal policy that would have significantly undercut the hospital's main defense in the underlying case.

News

Reed Smith Joins Startups on Their Turf at Pittsburgh Co-Working Space

Lizzy McLellan | June 19, 2018

The law firm is offering free legal help in hopes of connecting with entrepreneurs.

News

Ex-Partner Accuses Jones Day of 'Fraternity' Environment, Gender Bias

Scott Flaherty | June 19, 2018

Jones Day is the latest large law firm to face claims of gender discrimination. Wendy Moore, now a partner at Perkins Coie, alleges in a new suit that her former firm operates as a boys' club and marginalizes women.

News

In St. Joe's Case, Jane Roe Defendant Stands By Her Story

Lizzy McLellan | June 19, 2018

A woman denied she had a consensual encounter with a student who sued the school over a sexual assault investigation carried out with help from Cozen O'Connor.

Commentary

Disney Opts for Design Patent for Valuable Piece of IP—Cap's Shield

Lawrence E. Ashery,| June 19, 2018

If you enjoy movies about fictional superheroes, then you’re probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place—the U.S. Patent and Trademark Office (PTO).

News

Reed Smith, Citing 'Interests of Clients,' Won't Increase Associate Salaries

Krishnan Nair | June 19, 2018

While the firm is keeping its options open, the head of legal personnel said it has decided to hold salaries steady for now.

2018 Litigation Departments of the Year

The Legal Intelligencer| June 19, 2018

Welcome to the 2018 Litigation Departments of the Year supplement. This year, for the first time, we honored small or midsize firms in this category. We also recognized three standout general counsel and two firms and one attorney for their innovative work.

News

State AGs, ex-U.S. Attorneys to Sessions: Stop Separating Families at the Border

Ellis Kim | June 19, 2018

Two letters, one signed by state attorneys general and one from former U.S. attorneys, urged the Trump administration to pull back from its policy Tuesday.

News

State AGs and Former U.S. Attorneys Urge Sessions to Stop Separating Families at the Border

Ellis Kim| June 19, 2018

Two letters, one signed by state attorneys general and one from former U.S. attorneys, urged the Trump administration to pull back from it's policy Tuesday.

People in the News—June 19, 2018—Widener University Commonwealth Law School

Victoria Hudgins | June 19, 2018

Widener University Commonwealth Law School named Eden L. Mandrell director of the Career Development Office.

2018 Law Firm Innovators

The Legal Intelligencer| June 19, 2018

The Legal introduces the 2018 Law Firm Innovators.

PLW People in the News—June 19, 2018—Sahlaney & Dudeck Law Office

Victoria Hudgins | June 19, 2018

Arlene Dudeck, a partner at Sahlaney & Dudeck Law Office in Johnstown, was presented with the Pennsylvania Bar Association Solo and Small Firm Section Award during the association’s annual meeting.

News

Meek Mill's Post-Conviction Hearing Grows Heated as Judge Pushes Back on Rapper's Claim

Max Mitchell | June 18, 2018

Neither counsel for embattled rapper Meek Mill, nor Philadelphia Judge Genece Brinkley, who has faced intense criticism from Mill's legal team, showed any sign of backing down during a contentious hearing Monday into whether the hip-hop star should be granted a new trial.

Commentary

Oral Arguments of an Appeal: Should Judges Consider if Cost Is Worthwhile?

Howard J. Bashman| June 18, 2018

In Pennsylvania, at least, there remains one intermediate appellate court that is willing to entertain oral argument of any appeal in which counsel timely requests it. That appellate court is the Superior Court of Pennsylvania.

News

Children of Women Who Fled Violence in Latin America Can't Be Deported, 3rd Circ. Rules

P.J. D'Annunzio | June 18, 2018

Four children who fled to the U.S. with their mothers to escape gang violence in Latin America will not be deported now that a federal appeals court has ruled that their special legal status protects them.

2018 GC Impact Award Winners

The Legal Intelligencer| June 18, 2018

The Legal is proud to present the 2018 GC Impact award winners.

2018 Litigation Departments of the Year Winners

The Legal Intelligencer| June 18, 2018

The Legal is thrilled to present the 2018 Litigation Departments of the Year.

Commentary

Beyond #Adoptdontshop: What Lawyers Can Do to Help Animals 

Penny Conly Ellison| June 18, 2018

The Animal Legal Defense Fund uses the tagline “All of our clients are innocent.” I would add “and none of them can afford a lawyer.”

News

Dilworth Paxson Shakes Up COO Role With Operations Co-Chiefs

Lizzy McLellan | June 18, 2018

Two longtime partners will split operational leadership as co-COOs and join the firm's senior leadership team.

News

Capitol Report

Michael Riccardi | June 18, 2018

Following is a listing of executive and legislative action from the week of June 11. Both houses of the General Assembly were in recess at press time and were scheduled to return to session on Monday.

Filing Fanatics

Pa. AG Backs Fina in Ex-Prosecutor's Fight Against Disciplinary Charges

Max Mitchell | June 18, 2018

The Pennsylvania Attorney General's Office is seeking to file an amicus brief supporting Frank Fina in the ex-prosecutor's fight against disciplinary charges.

News

Rosenbaum Injury Firm, Accused of Failing to Repay Government, Settles With Feds

P.J. D'Annunzio | June 18, 2018

Fresh off of a settlement in its false advertising lawsuit against competing personal injury law firm Morgan & Morgan, Philadelphia-based Rosenbaum & Associates has entered into a settlement of a different kind: with the federal government.

News

Lines Are Drawn in New Appeals Court Case Confronting LGBT Workplace Rights

Erin Mulvaney | June 18, 2018

Major U.S. companies including Microsoft Corp., Airbnb Inc., eBay Inc., and Viacom Inc. are backing the worker. Meanwhile, conservative states lined up against liberal-leaning states, and the U.S. Equal Employment Opportunity Commission threw its support to the employee, Mark Horton, whose dispute is playing out in the U.S. Court of Appeals for the Eighth Circuit.

People in the News—June 18, 2018—Brotman Law

Victoria Hudgins | June 18, 2018

Ellen C. Brotman of Brotman Law participated in a panel at a Pennsylvania Disciplinary Board training for hearing committee members on June 7.

News

Weber Gallagher Nearly Doubles in NY With Retail Defense Group

Lizzy McLellan | June 18, 2018

The six-lawyer group is joining from midsize firm Ropers Majeski Kohn Bentley.

Analysis

For Pa. Law Firms, GDPR Compliance Is Local, Not Just Global

Lizzy McLellan | June 15, 2018

As law firms grapple with the EU's new privacy law, Pennsylvania firms say compliance isn't just for those with international offices.

News

Stakes Rise for Meek Mill as Post-Conviction Hearing Is Set to Open

Max Mitchell | June 15, 2018

On Monday, Philadelphia Judge Genece Brinkley is set to hold a hearing on whether Meek Mill should be given a new trial after he was convicted on gun- and drug-related charges nearly 10 years ago.

News

3rd Circuit Rules Aggravated Assault Predicate to 'Career Offender' Status

P.J. D'Annunzio | June 15, 2018

A man with a criminal history involving aggravated assault and drug dealing should have been considered a violent "career offender" under federal sentencing guidelines, a federal appeals court has ruled.

Commentary

Planning a Future for Graduating Foreign Students in Extraordinary Times

Andrew J. Zeltner| June 15, 2018

Graduation caps are soaring across the United States, as millions of college students complete their studies and prepare to enter the workforce.

Slideshow

The Summary Stage: This Week's Biggest Stories (in Brief)

Zack Needles | June 15, 2018

Milbank makes waves, large law firms invade and more.

Commentary

Advice for the President’s New Lawyer: There’s a Rule for That

Ellen C. Brotman| June 15, 2018

As lawyers watching the spectacle of the investigations surrounding the Trump administration, we get to sit in the good seats. We understand the rules of the game and we can follow the action.

News

Bill Cosby Turns to Pa. Lawyer Who Defended Sex Crimes, Child Porn Cases

Lizzy McLellan | June 15, 2018

Among his past cases, West Chester attorney Joseph P. Green represented a former Debevoise associate who was convicted of child sexual abuse.

Pennsylvania Treasury Department Publishes Unclaimed Property List

Brian Harris | June 15, 2018

Philadelphia County has unclaimed property waiting to be claimed.

People in the News—June 15, 2018—Eckert Seamans Cherin & Mellott

Victoria Hudgins | June 15, 2018

Eckert Seamans Cherin & Mellott added associate Francine F. Li to the firm’s Philadelphia office and intellectual property group.

News

Disciplinary Proceedings Against Ex-Prosecutor Fina Off to Contentious Start

Max Mitchell | June 14, 2018

The disciplinary hearing against former prosecutor Frank Fina got off to a contentious start Thursday, with several hostile exchanges between attorneys and a witness, and one lawyer for the former prosecutor saying that a statement made by disciplinary counsel was "defamatory and scandalous."

Lawmakers Seek to Address Medical Marijuana Act After Court Injunction

Tom McParland | June 14, 2018

Lawmakers in Pennsylvania have rolled out legislation to clarify the state’s Medical Marijuana Act after a judge put the program on hold last month amid a challenge from businesses that had already gained permission to sell cannabis throughout the state.

News

Legislative Redistricting Reform Bill Proposing New SCOPA Districts Passes Senate

Max Mitchell | June 14, 2018

The Pennsylvania Senate has voted to add language to its redistricting bill that would split the state Supreme Court into seven districts.

News

Justice Dept., Threatening Supreme Court Action, Imposes Deadline in Sanctuary Cities Case

Marcia Coyle | June 14, 2018

The U.S. Justice Department told the Seventh Circuit that it would ask the U.S. Supreme Court to stay a nationwide injunction if the appeals court doesn't rule by June 18. The appeals court, responding to Main Justice, refused to budge. The court said it was awaiting the Supreme Court's decision in Trump v. Hawaii, which raises issues about the propriety of nationwide injunctions.

Analysis

Did the Commonwealth Court Just Make 'Protz' Retroactive? Define 'Retroactive'

Zack Needles | June 14, 2018

Almost immediately after the Pennsylvania Supreme Court issued its game-changing workers' compensation ruling in Protz last year, attorneys began gearing up to litigate the natural follow-up question: Should the decision be applied retroactively? A much buzzed-about June 6 ruling by the Commonwealth Court en banc may have finally answered that question.

News

Phila. Family Court Judge Lyris Younge Temporarily Reassigned Amid Ethics Investigation

P.J. D'Annunzio | June 14, 2018

Younge has been absent from the bench for nearly a month as she has been on chambers duty. Her hearings have been handled by her colleague, Judge Joseph Fernandes, who in some cases has undone Younge's rulings that separated children from their families.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| June 14, 2018

Is there a concern with judicial independence in Pennsylvania? I see articles constantly about problems with the judiciary because of elections. What has the organized bar done?

News

Weil, Skadden Match Cravath as Firms Aim for Moving Target on Associate Raises

Meghan Tribe | June 14, 2018

With Cleary Gottlieb; Kirkland; Skadden; Weil, Gotshal & Manges and several other law firms now announcing raises, it looks like the dam has broken for increases among the most profitable U.S. firms.

AT&T, Others Agree to $30M Settlement in Technician's Fall From Cell Tower

P.J. D'Annunzio | June 14, 2018

AT&T and other companies have agreed to pay a total of $30 million to a technician who fell 50 feet down from a telecommunications tower, leaving him incapacitated.

Analysis

These Boutiques Aren't Hesitating to Match Milbank on Associate Pay

Lizzy McLellan| June 14, 2018

Several elite litigation boutiques are keeping pace with salary increases at Milbank and Cravath. One hints it's about to go even higher.

Lawsuit: Remarks on Murder, Wife-Beating Were Defamatory

VerdictSearch| June 14, 2018

In the summer of 2016, plaintiff Sean Laukhuff, the owner of an auto-repair business, allegedly became the target of defamatory statements by a friend, Chad Sensenig, of Mountville.

Commentary

False, But Unwritten Statement About Single Asset Does Not Block Debtor's Discharge

Francis J. Lawall and Michael J. Custer| June 14, 2018

Although broad, the Bankruptcy Code’s discharge provisions for individual debtors are not without limits.

Commentary

Court Weighs In on Natural Gas Operations in the Marcellus Shale

Kaitlyn R. Maxwell| June 14, 2018

The Supreme Court of Pennsylvania issued two decisions on June 1 relating to the operation of natural gas wells in Pennsylvania. This article focuses on one of those decisions: Gorsline v. Board of Supervisors of Fairfield Township, No. 67 MAP 2016 (Pa. June 1).

News

Divided Court Says Trucker Fired for Using Racial Slur Not Entitled to UC Benefits

P.J. D'Annunzio | June 14, 2018

In a split decision denying unemployment compensation benefits to a truck driver who was fired for using a racial slur, a sole dissenting Commonwealth Court judge said the man should not have been found to have committed willful misconduct given his employer's history of leniency regarding racial epithets.

Commentary

What Is the Scope of Privilege in the Legal Malpractice Context?

Matthew B. Weisberg| June 14, 2018

Attorney-client and work-product privileges are commonly viewed as sacrosanct. Whether as a matter of ethics, contract, or common law, these privileges—if violated—may inure to both attorney and client even collateral damage (for example, see the current Sandusky attorney disciplinary prosecutions).

Commentary

EPA Seeking Comments on Cost-Benefit Analysis Regulations

Mark L. Greenfogel| June 14, 2018

Once the EPA identifies a source of potential environmental harm, it then decides whether and how to regulate, and certain statutes also require the EPA to perform a cost-benefit analysis. By way of background, the risk management framework for federal agencies started to change in the early 1980s.

Commentary

Recent Decisions in Real Estate Law Could Provide Context for Future Cases

Frank Kosir Jr.| June 14, 2018

Pennsylvania courts have recently handed down several important decisions in the realm of real estate law that provide context for future cases.

People in the News—June 14, 2018—Fisher & Phillips

Victoria Hudgins | June 14, 2018

Regina Petty was installed as Fisher & Phillips’ first chief diversity officer.

News

Court: PennDOT Employee Who Wrote on Facebook That She'd 'Gladly Smash Into a School Bus' Must Be Reinstated

Zack Needles | June 13, 2018

The panel said Carr's Facebook comments were protected by the First Amendment because she was speaking about a matter of public concern and there was no evidence that the comments would cause tangible harm to PennDOT.

News

Federal Judges in the Hot Seat Discuss Their Own Data Protection Practices

Dan Clark | June 13, 2018

Three judges spoke at a Philadelphia cybersecurity conference Wednesday about their own experiences with data security in the courts.

Q&A

Art of the Triple Crown: Justify's Big Win for McNees Wallace

Lizzy McLellan | June 13, 2018

Michael Doctrow, who is handling trademark matters for Triple Crown winner Justify, talked about finding a niche, how gambling makes him a wreck, and how people love "horse art."

News

Doctor's Defamation Suit Against Walgreens Falls Flat on Appeal

P.J. D'Annunzio | June 13, 2018

A doctor who sued Walgreens alleging the company's pharmacists defamed him by telling his patients he was under investigation by the Drug Enforcement Agency has lost his bid to revive the case.