Commentary

Medical Marijuana and Its Impact On the Workplace

Denise Elliott| May 27, 2018

As a labor and employment law attorney, when it comes to medical marijuana, the question I am most asked is “what does medical marijuana mean for our workplace and/or our drug-testing policies?”

Commentary

Pa. Marijuana Program to Double in Size; Neighboring States Look to Compete

Jonathan A. Haven and Ruth A. Rauls| May 26, 2018

On April 5, the Pennsylvania Department of Health (PADOH), Office of Medical Marijuana (OMM), which oversees the commonwealth’s medical marijuana program, initiated phase II of its licensing process.

Commentary

Decision Leaves Fate of Employee Class Actions to Congress and the Court of Public Opinion

Jeffrey Campolongo and Alisha L. McCarthy| May 25, 2018

It has been perhaps a disorienting couple of weeks for those keeping track of where, and how, employers can be sued by their employees. Take, for example, the May 10 step toward transparency in the #MeToo era by Uber Technologies, Inc. (Uber), which announced that it will not push for individual sexual harassment and assault claims to be determined through private arbitration proceedings going forward.

News

Motel Targeted in Sex Trafficking Lawsuit Loses Insurance Coverage

Max Mitchell | May 25, 2018

An insurance carrier has no obligation to defend against a lawsuit aimed at holding a motel liable for sex trafficking that occurred on its premises.

Commentary

Could Your Social Media Posts Be Used Against You in Court? 

Ryan Boland| May 25, 2018

The Pennsylvania Superior Court decided an issue of first impression in Pennsylvania—what is the standard for the authentication of social media postings at trial.

Commentary

'PharmaCann' Tests Delicate Balance Between Federal, State Marijuana Laws

Jay A. Dubow and Jessica K. Southwick| May 25, 2018

More than 30,000 patients have signed up for the program and are now receiving medical marijuana from 12 grower/processors at the 14 dispensaries that have been approved and have opened across the commonwealth.

News

Aetna Sues Plaintiffs Firm, Consumer Watchdog in HIV Patient Privacy Debacle

P.J. D'Annunzio | May 25, 2018

The insurance giant was originally sued in federal court in Philadelphia after it mailed notifications to patients about how to fill their HIV drug prescriptions that clearly identified them in envelope windows.

News

Powell Trachtman Hit With Overtime Suit by File Clerk

Zack Needles | May 25, 2018

King of Prussia-based Powell Trachtman, which is currently in the process of winding down, now faces a putative class action by one of its file clerks, who alleges the firm failed to pay overtime to its support staff.

News

Ex-AG Kathleen Kane's Conviction Upheld on Appeal

P.J. D'Annunzio | May 25, 2018

A three-judge appeals court panel unanimously upheld Kane's conviction on perjury and related charges.

Q&A

Cosby Prosecutor Kristen Gibbons Feden on Securing a Verdict

Lizzy McLellan | May 25, 2018

"I’m always of the strong belief that our case rose and fell with Andrea Constand," Feden says. "Her testimony at the first trial and at the second trial was … unwavering."

People in the News—May 25, 2018—McNees Wallace & Nurick

Victoria Hudgins | May 25, 2018

Jacquelyn A. Kunkel joined McNees Wallace & Nurick as an associate in the firm’s corporate and tax practice group.

Senate Passes Bill Allowing Leftover Funds From Political Committee, Candidate to Go to Nonprofits

Victoria Hudgins | May 24, 2018

The Pennsylvania Senate passed an amendment that allows a political candidate or committee that ends its financial activity to disperse its funds to a nonprofit.

Senators Approve Amendment Granting More Rights to Crime Victims

Victoria Hudgins | May 24, 2018

The Pennsylvania Senate unanimously passed a measure that prohibits crime victims from being excluded from any criminal or juvenile proceedings, unless the court decides the victim’s testimony would be “materially altered” if they heard other testimony at the proceeding.

Capitol Report

Michael Riccardi | May 24, 2018

Following is a listing of executive and legislative action from the week of May 21. Both houses of the General Assembly were in recess at press time and were scheduled to return to session on June 4.

Foster Care Agencies Settle Lawsuit Over Child's Death for $5M

P.J. D'Annunzio | May 24, 2018

Two child placement agencies have agreed to pay a combined $5 million to settle a wrongful death lawsuit over the death of a 10-year-old boy whose caregivers failed to get him medical attention for an intestinal blockage.

Commentary

Failure to Launch: Why Is Your Firm Failing to Be a 21st Century Employer?

Jessica L. Mazzeo| May 24, 2018

Back in November 2017, I wrote the article, “Why Law Firms Should Already Be Embracing the Mobile Workforce”. That piece mainly focused on firms having work-from-home policies for attorneys and only slightly touched on similar policies for staff. Six months later, it doesn’t seem like much has changed.

News

$1.8K Suit Over Destroyed Mailbox Leads to Thousands in Attorney Fees for 'Vexatious' Conduct

P.J. D'Annunzio | May 24, 2018

The Pennsylvania Superior Court has upheld an award of $3,000 in attorney fees to a homeowner involved in litigation over his mailbox, which was smashed into by a maintenance truck, and said additional fees were warranted based on the conduct of the defendants and their lawyer.

News

Mentally Disabled Pennsylvanians Can Proceed With Class Action Over 'Sad Reality' of DHS Care

P.J. D'Annunzio | May 24, 2018

A federal class action has been allowed to proceed against the state Department of Human Services, brought by a group of mentally disabled Pennsylvania youths claiming they were left too long in treatment facilities and not given access to proper treatment.

Motorist Conceded Liability for Collision, Denied Damages

VerdictSearch| May 24, 2018

On April 4, 2014, plaintiff Sharon Weil, 51, a part-time restaurant employee, was driving on Route 309 in Quakertown. After she stopped at a red light at Route 663, her sport utility vehicle was rear-ended by a sedan. She claimed permanent neck injuries.

Commentary

The Ineffective Common Law Right to Privacy in Workers’ Comp Claims

Taylor J. Cohen| May 24, 2018

It is well understood that all individuals have an interest in privacy, but in the context of workers’ compensation, that privacy right often succumbs to an employer’s legitimate business interest

Commentary

Prepetition Setoff Not an 'Improvement in Position' Under Bankruptcy Code

Rudolph J. Di Massa Jr. and Catherine B. Heitzenrater| May 24, 2018

In a recent decision out of the United States Bankruptcy Court for the Western District of Virginia, a court analyzed the effect of a setoff effectuated between two governmental units in the 90 days prior to the filing of a husband and wife’s bankruptcy case.

Commentary

Free Resources for Attorneys Looking for Ethical Guidance

Josh J.T. Byrne| May 24, 2018

Everyday the practice of law presents a new host of ethical quandaries, which we are left to ponder the answers to. Fortunately, there are a number of resources specifically designed to give lawyers answers to these questions.

Commentary

Litigating a Ride-Sharing Accident Case: Keeping Up-to-Date Is Key

Will Sylianteng| May 24, 2018

I can remember the first time I heard the word Uber in the context of the transportation. It was only two years ago and I remember being perplexed once I received an explanation as to what an Uber was.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| May 24, 2018

If I am representing a client for estate planning, can I accept a referral fee from an insurance agent or an investment company I have worked with in the past for referring the estate business?

Expert Opinion

General Counsel Need to Seek Flat Fees More, Research Finds

Aaron Kotok and Michael Williams| May 24, 2018

In the first key finding of its GC Thought Leaders Experiment, AdvanceLaw assesses whether flat fees generate better or worse law firm performance on legal matters than do hourly fees.

People in the News—May 24, 2018—Reger Rizzo & Darnall

Victoria Hudgins | May 24, 2018

The law firm of Reger Rizzo & Darnall partnered with the Philadelphia Bar Foundation to raise money in support of the foundation’s annual Philly Jeans for Justice Campaign.

News

Bill Cosby Prosecutor Joins Philadelphia Plaintiffs Firm

Lizzy McLellan | May 23, 2018

M. Stewart Ryan is leaving the Montgomery County District Attorney's Office to join Laffey, Bucci & Kent, but he will stick with the Cosby case through sentencing as a special prosecutor.

News

High Court Rejects Law Firm's Bid to Block Ex-Staffer's UC Benefits

Zack Needles | May 23, 2018

A small western Pennsylvania law firm has reached the end of the line in its appeal of a determination that its former legal assistant is entitled to unemployment compensation benefits.

News

Pepper Hamilton Practice Leader Heads to Utah, and to Snell & Wilmer

Meghan Tribe | May 23, 2018

Ivan Knauer, who co-led Pepper Hamilton’s securities and financial services enforcement group from Washington, D.C., said he was ready for a change.

Medical Marijuana and Workers' Compensation: Burning Questions That Need Answers

Jenifer Dana Kaufman| May 23, 2018

Medical marijuana has come to Pennsylvania and by extension to the commonwealth’s injured workers. What image comes to mind?

Commentary

Cannabis and Banks: What Qualifies as Illegal Activity?

Joshua Horn and Jesse M. Harris| May 23, 2018

Many legal issues arise out of financing cannabis activities, not the least of which is whether a target property for a cannabis venture is mortgaged by a bank. The standard institutional mortgage contains language that allows the mortgagee to “call” the loan if the property is being used to conduct “illegal activity.”

News

NFL Concussion Judge Blocks Lit Funder From Arbitrating Loan Dispute With Ex-Player

Max Mitchell | May 23, 2018

U.S. District Judge Anita Brody of the Eastern District of Pennsylvania on Tuesday ruled that Thrivest Specialty Funding was enjoined from arbitrating the validity and terms of the agreement it entered into with former Atlanta Falcons player William White.

Commentary

Five Types of Connections You Should Develop in Your Legal Network

Laura C. Bunting| May 23, 2018

The commencement speaker when you graduated from law school inevitably highlighted members of the audience who supported the graduates during school, and would provide continued support while the graduates studied for the bar exam and began their careers.

News

Reed Smith Raids Norton Rose for Life Sciences/Health Care Team, Adds Austin Office

Brenda Sapino Jeffreys | May 23, 2018

A 14-lawyer group from Norton Rose Fulbright moved to Reed Smith offices in Washington, D.C., New York and a new office in Austin.

Commentary

Court Decision Unlocks New Outlet for Taxpayers to Appeal Property Assessments

Martin J. Doyle and Megan E. Albright| May 23, 2018

On Feb. 7, Philadelphia Court of Common Pleas Judge Gene D. Cohen issued a decision in a case of first impression related to a Philadelphia taxpayer’s property assessment appeal.

News

Ogletree Launches Tool to Automate Arbitration Agreements Following SCOTUS Decision

Gabrielle Orum Hernández | May 23, 2018

Employment firm Ogletree Deakins launched an automation tool for revising arbitration agreements to include class-action waivers just one day after a controversial Supreme Court decision confirmed their legal viability.

Introducing Lean Adviser Legal from Law.com

Lean Adviser Legal| May 23, 2018

There's a gap between the way lawyers are trained and the skills required to practice in today's competitive environment. That's where Lean Adviser comes in.

People in the News—May 23, 2018—Kang Haggerty & Fetbroyt

Victoria Hudgins | May 23, 2018

Kang Haggerty & Fetbroyt, a business litigation boutique with offices in Philadelphia and Cherry Hill, New Jersey, added Tianna K. Kalogerakis to the firm.

News

Scranton Attorney's Fee Dispute With Pittsburgh Firm Sent to Allegheny County

Max Mitchell | May 22, 2018

A Scranton personal injury firm has lost its bid to keep a fee dispute with a Pittsburgh firm from being litigated in Allegheny Court.

News

'Queen of Toxic Torts' Sheila Birnbaum Leaves Quinn Emanuel for Dechert With 2 Partners

Dan Packel | May 22, 2018

Quinn Emanuel pre-emptively announced Tuesday that Sheila Birnbaum, Mark Cheffo and Douglas Fleming are leaving the firm five years after they came aboard from Skadden.

Commentary

Implicit Bias Training: Helpful Training Tool or Corporate Fad?

Christopher Bouriat| May 22, 2018

Employers—particularly human resources professionals and in-house employment lawyers—have long battled bias in hiring and other employment decisions. Employers have many tools at their disposal, such as anti-discrimination policies, employee handbooks and various trainings.

Commentary

Patent Office Improves Examination of Software Patent Applications

Lawrence E. Ashery| May 22, 2018

Explanation. When the U.S. government denies us legal protection, we want to know why. Accompanying an adverse decision in the legal world, we want an explanation to support the adverse decision so we can understand how the decision was made.

News

US, Global Law Firms Look to Ireland for 'Brexit Insurance Policy'

Dan Packel | May 22, 2018

DLA Piper just announced Ireland plans, and Covington & Burling and Dechert have attorneys on the ground. Experts expect other firms to follow.

Commentary

Cannabis Banking Is a Matter of Public Safety

Seth A. Goldberg| May 22, 2018

Let’s say ABC LLC applied for and was granted permits to grow, process and dispense cannabis pursuant to its state’s medical marijuana regulations. ABC now operates a 120,000-square-foot cultivation facility and sells its cannabis-related products, which include THC and CBD vape oils, tinctures and pills, through three dispensaries.

People in the News—May 22, 2018—Fox Rothschild

Victoria Hudgins | May 22, 2018

Fox Rothschild participated in its first New York 5-Boro Bike Tour on May 6.

Analysis

Efficiency-Minded Am Law 200 Firms Grow Margins in Pa.

Lizzy McLellan | May 22, 2018

All but two Am Law 200 firms founded in the Keystone State saw gains in profits per partner last year.

PLW People in the News—May 22, 2018—Rawle & Henderson

Victoria Hudgins | May 22, 2018

Rawle & Henderson's Julie Nord Friedman spoke at the American Bar Association Toxic Torts & Environmental Law 27th spring CLE meeting in Phoenix.

News

$30M Accord Reached With AT&T, Others Over Technician's Fall From Cell Tower

P.J. D'Annunzio | May 21, 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.

News

Proposed Class Action Over Exploding Samsung Phones Won't Flame Out in Arbitration

Max Mitchell | May 21, 2018

U.S. District Judge Michael Ponsor on Monday denied Samsung's motions to either send the class action to arbitration, or dismiss the claims entirely.

News

Law Firms Face Suit Over $360M Debt From Failed Harrisburg Incinerator

Lizzy McLellan | May 21, 2018

The complaint, which includes claims against Obermayer Rebmann, Buchanan Ingersoll and Eckert Seamans, calls the project “the worst municipal financial disaster in the history of the commonwealth of Pennsylvania.”

Commentary

The Three-Letter Word Lawyers Should Avoid Using

Elizabeth A. Larsson| May 21, 2018

When was the last time a single word determined your future? As a lawyer, you’re probably attuned to the fact that it was pretty recent.

Analysis

Racist Rant, Other Events Show Social Media's Power Over Lawyers

Scott Flaherty | May 21, 2018

A racist rant. Scrutiny over prolific billable hours. Controversy over arbitration pacts. All three have made news in the legal world in the past few months, and all were thrust into the spotlight through social media.

News

Managing Partners’ Frustration Mounts as Law Firm Innovation Stagnates

Roy Strom | May 21, 2018

A new survey shows that law firm leaders are increasingly fed up with their partners' resistance to change. Meanwhile, half of firm leaders said there's nothing especially different about their firms compared to their competitors.

Commentary

State-Legal Cannabis: How Intrastate Regulation Is Different

William F. McDevitt| May 21, 2018

The sale of cannabis is illegal under federal law in all 50 states, U.S. territories and U.S. possessions. Yet, as of May 1, 29 states, the District of Columbia, and Guam and Puerto Rico recognized the legality of marijuana in some form (raw or processed) and for some purpose (medicinal or adult-use/recreational).

News

Phila. Family Court Judge Younge Absent From Bench, Replacement Judge Sending Children Back to Parents

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

Younge's lawyer says the judge's future in the Family Court is uncertain.

Commentary

Retirement on the Horizon? Time to Dust Off Those Beneficiary Designations

Joseph N. Frabizzio| May 21, 2018

As retirement approaches, a primary concern is most likely whether you have accumulated sufficient assets to provide for the life you envisioned after the end of your active career. For those who are fortunate enough to have a well-funded retirement, a secondary thought is what happens if my assets outlive me.

News

Pa. Maker Keeps Pelvic Mesh Cases in State Court Under 'Bristol-Myers'

Max Mitchell | May 21, 2018

The opinion comes out about six months after the judge denied the Johnson & Johnson subsidiary's bid to have a significant portion of the pelvic mesh litigation removed from the First Judicial District for lack of jurisdiction.

Commentary

The Cannabis Industry: A Financial Services Catch-22

Joann Needleman| May 21, 2018

U.S. banks exist to provide financial services to the community they serve. Bank charters are granted and continuously monitored by regulators to ensure that banks fulfill the needs of their communities.

News

St. Joe's Blasts Student's 'Frivolous' Suit Over Sexual Assault Investigation

Lizzy McLellan | May 21, 2018

The school says a student used unfounded claims to try to damage its reputation, and wants him on the hook to pay for its defense.

Analysis

Law Firm Cybersecurity 'an Imperative' as Clients Make Demands Clear

Lizzy McLellan | May 21, 2018

Firms of all sizes are thinking about how to protect confidential client data.

People in the News—May 21, 2018—McNees Wallace & Nurick

Victoria Hudgins | May 21, 2018

McNees Wallace & Nurick attorney Timothy Horstmann is slated to present at the 13th annual seminar of the Pennsylvania Association of Bond Lawyers on Thursday at the Crowne Plaza Harrisburg-Hershey Hotel.

News

Fox Rothschild Practice Leader Steps Up to Defend Alleged Defecator

Roy Strom | May 18, 2018

Matthew Adams, the newly installed co-chair of the white-collar group at Fox Rothschild, may have one of the most interesting clients in Big Law.

Commentary

An Ancient Gardening Tool: Putting Adverse Possession to Modern Use

Mimi McKenzie| May 18, 2018

The law of adverse possession has been around for almost 4,000 years, but time is of the essence for Philadelphia community gardens.

Slideshow

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

Zack Needles | May 18, 2018

Attorneys get testy at a Russia hearing, law firms covet their neighbors' partners, an expert explains how to be a rainmaker and more.

Filing Fanatics

Debt Collection Litigation Against Student Loan Provider Pared Down, But Continuing

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

A federal judge has shaved down a Fair Credit Reporting Act lawsuit against a Pennsylvania-based student loan provided, allowing a leaner version…

Commentary

How the Bill Cosby Guilty Verdict Will Impact Civil Litigation

John D. Winer| May 18, 2018

The Cosby verdict is a sign that there has been a shift, particularly in he said, she said cases, toward an understanding about how hard it is to come forward.

News

Former Villanova Wide Receiver's Wage Lawsuit Against NCAA Sacked

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

The judge said in his opinion that Livers did not have standing to pursue litigation against schools he did not attend and that he made no actionable FLSA claim.

Commentary

Safe Home Philly—Quality Placements Close to Family, Community

Susan Vivian Mangold| May 18, 2018

Juvenile Law Center works to bring young people in the child welfare and justice systems home from institutional placements, and to ensure that youth placed outside of the home are in the most family-like and least traumatic conditions possible.

Podcast

Big Law Leader Shares Struggles with Alcoholism, Challenges for Profession

Leigh Jones | Vanessa Blum | May 18, 2018

Steven Wall, managing partner at Morgan, Lewis & Bockius, says this was his turning point: "The cracks were getting bigger and everything else around me was beginning to fail."

News

Lancaster Jury Awards $4M Over Misdiagnosis of Infant's Fatal Whooping Cough

Max Mitchell | May 18, 2018

A Lancaster County jury on Tuesday found that a pediatric medicine practice group and two doctors failed to diagnose an infant's pertussis, despite the mother repeatedly telling doctors she thought the child was suffering from the rare and potentially fatal condition.

News

Justices Eye Evidence for Discovery Rule to Kick In, Beginning Limitations Period in Misdiagnosis Case

Max Mitchell | May 18, 2018

The Pennsylvania Supreme Court heard arguments Thursday in Nicolaou v. Martin, which involves a woman seeking to sue a doctor who allegedly misdiagnosed her Lyme disease as multiple sclerosis.

The Public Interest Calendar of Events

The Legal Intelligencer| May 18, 2018

On May 22, the Nationalities Service Center will host "Global Tastes" at WHYY, 150 N. 6th St., Philadelphia.

Commentary

Should Law Firms Embrace Artificial Intelligence and R&D Labs?

Ioana Good and Kathryn B. Whitaker| May 18, 2018

There is a puzzle in the legal business. Our economic landscape is filling up with innovative organizations who have embraced the convergence of technology and business to meet new market demands, yet the legal market remains conservative.

News

Law Firm Survey Says Millennial Era Is Here, But Change Has Just Begun

Meghan Tribe | May 18, 2018

Millennials already outnumber any other generation in the legal industry, and a new report says the pace of change will only quicken as their numbers and influence grow.

People in the News—May 18, 2018—Panitch Schwarze Belisario & Nadel

Victoria Hudgins | May 18, 2018

Panitch Schwarze Belisario & Nadel partners Dr. Weihong Hsing, John Simmons and Dennis Butler participated in the 34th annual Joint Patent Practice Seminar on May 2 in New York City.

News

St. Joe's Faces Suit Over Cozen Lawyer's Investigation of Sexual Misconduct

Lizzy McLellan | May 17, 2018

A student who was disciplined for alleged sexual misconduct says he was investigated unfairly, and is suing the university for Title IX violations and defamation.

Memo: Ban Lobbyists From Serving as Campaign Consultants

Victoria Hudgins | May 17, 2018

Lobbyists should not be allowed to work as campaign contributors in the Pennsylvania Legislature, said two members of the Pennsylvania House of Representatives.

State Sen. Seeks to Ban Pretrial Jailing for Not Paying Bail

Victoria Hudgins | May 17, 2018

A state senator issued a memo declaring his intention to reintroduce legislation that would prohibit pretrial jailing for a person who doesn’t pay their bail.

Capitol Report

Michael Riccardi | May 17, 2018

Following is a listing of executive action and election news from the week of May 14. Both houses of the General Assembly were in recess at press time. The Pennsylvania Senate was scheduled to return to session on Monday. The state House of Representatives was set to return to session on Tuesday.

Commentary

Who Decides Arbitrability—Is It the Court or an Arbitrator?

Abraham J. Gafni| May 17, 2018

An issue that continues to present itself is who will determine if a dispute must be tried in court or arbitrated.

Jury Awards Family of Nursing Home Sex Assault Victim $7.5M

Max Mitchell | May 17, 2018

A Lancaster jury handed a $7.5 million verdict to the family of an elderly woman who was sexually assaulted while a resident at an Akron, Pennsylvania, nursing facility.

Suit: Tripping Hazard in Amazon Warehouse Violated OSHA

VerdictSearch| May 17, 2018

On June 6, 2016, plaintiff Anthony Belser, 30, a delivery driver, was picking up deliveries at an Amazon shipping warehouse at 4219 Richmond St., in Philadelphia.

Commentary

Wolf Signs Bill Expanding Grandparents' Standing in Custody Cases

Lawrence (Skip) Persick| May 17, 2018

On May 4, Gov. Tom Wolf signed Act 21 of 2018 into law. Known as SB 844, this act amends two sections of the Pennsylvania Domestic Relations Code with regard to standing in child custody proceedings.

News

Backlash Mounts Against Attorney Whose Racist Rant Went Viral

Scott Flaherty | May 17, 2018

A lawyer caught on video making racially-charged comments to employees at a Midtown Manhattan eatery has been heavily criticized since the video went viral. But will he also face attorney disciplinary action?

News

Pa. Sniper Tells Justices His Confession Violated Miranda

Max Mitchell | May 17, 2018

The case hinges on whether law enforcement violated a man’s Miranda rights when they continued to ask questions about the ambush after he said he didn't want to talk.

News

Tempers Flare Between Prosecutor, Reed Smith Lawyers at Russia Hearing

C. Ryan Barber | May 17, 2018

The episode underscored the heated nature of the special counsel’s case against Concord Management and Consulting, which was charged along with 13 Russian individuals and two separate entities with subverting the 2016 election.

News

Justices Agree to Eye Case That Pits Automakers Against Car Dealers

Zack Needles | May 17, 2018

The Pennsylvania Supreme Court has signed on to consider not one but two issues of first impression involving the power balance in the contractual relationship between car dealerships and auto manufacturers.

Commentary

Alaska’s Oil and Gas Production Tax: The Uncertainty Continues

Jonathan E. Iversen| May 17, 2018

The Alaska Oil and Gas Production Tax has been changed multiple times, particularly over the last 12 years. And each change in the statutes brings additional changes—and complications—to the regulations that the Alaska Department of Revenue (DOR) issues to implement the tax.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| May 17, 2018

What do I do with monies that have been held in my escrow account for a long time? I can’t decide who has them and who to pay.

News

Ohio Law Should Apply in Wendy's Data Breach Class Action, Judge Says

P.J. D'Annunzio | May 17, 2018

A data breach case brought by several banks and federal credit unions against fast food chain Wendy's should proceed under the standards of Ohio law, a federal judge has recommended.

Commentary

Key Points in Negotiating and Preparing Settlement Agreements and Releases

Edward T. Kang| May 17, 2018

With fewer and fewer cases going to trial, lawyers must be competent in settling claims and preparing settlement documents that accurately capture the terms of the settlement.

Commentary

Pa. Supreme Court to Decide Fate of Eviscerated Preliminary Hearing

Matthew T. Mangino| May 17, 2018

The criminal preliminary hearing in Pennsylvania, at least for the time being, is of no practical use nor does it provide any meaningful protection to a defendant.

People in the News—May 17, 2018—Davis & Davis

Victoria Hudgins | May 17, 2018

James T. Davis, a founding partner of the law firm Davis & Davis, which maintains offices in Uniontown and Brownsville, began a three-year term on the Pennsylvania Bar Association board of governors.

News

Judge's Absence During Voir Dire Leads to New Med Mal Trial

P.J. D'Annunzio | May 17, 2018

University of Pittsburgh Medical Center's victory in a medical malpractice lawsuit was short-lived as an appeals court ordered a new trial after finding that the jury selection process was tainted.

News

Homicide Exoneration May Shed Light on Handling of Appeals Under Krasner

Max Mitchell | May 16, 2018

Patterson's case marks the first exoneration in a homicide conviction since District Attorney Larry Krasner took office.

News

After Primary Wins, Pa. Law Firm Candidates Look to November

Lizzy McLellan | May 16, 2018

Ballard Spahr's Mary Gay Scanlon and Susan Ellis Wild of Gross McGinley both faced competitive primary races in newly drawn congressional districts, and won.

News

Lamb McErlane Tangles Once Again With Its Legal Malpractice Insurer

Zack Needles | May 16, 2018

Less than three months after a federal judge ruled West Chester-based Lamb McErlane was not entitled to coverage by Allied World Insurance Co. for a $557,001 professional liability claim arising out of an estate case, the law firm and its insurer are embroiled in a new malpractice coverage dispute involving a separate underlying case.

Commentary

A Simple but Important Role in Diversity for Big Law

John S. Yi and Maria L.H. Lewis| May 16, 2018

Sitting in a diversity and inclusion orientation session when I joined my firm as a first-year associate in the fall of 2014, I quickly became reacquainted with the low numbers and low retention rates of diverse associates at big law firms generally, statistics I was only previously aware of in the abstract.

News

Law Firm Optimism Up as Pressures Remain on Rates, Cybersecurity: Survey

Scott Flaherty | May 16, 2018

A new survey of business-side professionals at law firms showed that optimism is high in the industry, while innovation is increasingly important to the largest firms.

News

Justices Weigh Waiver in Wrongful Death Case Over Drowned Triathlete

Max Mitchell | May 16, 2018

The intersection of contract and tort law took center stage Tuesday during the Pennsylvania Supreme Court’s oral argument session involving a surviving spouse’s efforts to bring a wrongful death suit after her husband drowned during the 2010 Philadelphia Triathlon.