Commentary

Corporate Counsel’s Insider Guide to the Pennsylvania Attorney General’s Office

Christopher D. Carusone| April 24, 2018

Pennsylvania Attorney General Josh Shapiro took the helm of the Attorney General’s Office (OAG) in January 2017. Since his election, the OAG has been extremely active in conducting investigations and filing lawsuits in matters affecting a multitude of businesses and industries.

News

Drugmakers Focused on Profits Over Patients, Jurors Told During Xarelto Closings

Max Mitchell | April 24, 2018

If Janssen Pharmaceuticals was the Cleveland Cavaliers, then its blockbuster blood thinner medication Xarelto was the company's LeBron James, an attorney suing the drugmaker told a Philadelphia jury during closing arguments in the latest state court trial over the drug's safety.

Reed Smith Enters the Legal Technology Market With GravityStack Subsidiary

Rhys Dipshan | April 24, 2018

The firm’s new U.S. subsidiary will incubate and license legal technology, as well as offer tech counseling and managed services to law firm and legal department clients.

News

Ten Pa. Firms Make Am Law 100 With Mostly Steady Growth

Lizzy McLellan | April 24, 2018

An improved ranking this year required considerable gross revenue growth in 2017.

News

Cosby Lawyers' Final Plea to Jury: ‘Mob Rule Is Not Due Process’

Lizzy McLellan | April 24, 2018

On the 12th day of Cosby's retrial on aggravated indecent assault charges, two lawyers from Cosby’s team—Kathleen Bliss and Tom Mesereau—split their final argument on Cosby’s behalf.

Protesters Rally Against Philadelphia Family Court Judge Younge

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

The protesters, mostly parents, grandparents, and their supporters all had a common narrative: Philadelphia Family Court Judge Lyris F. Younge allegedly violated their rights by not giving them the chance to adequately present their arguments in cases where a child or grandchild would be put into foster care.

People in the News—April 24, 2018—Fine, Kaplan and Black

Victoria Hudgins | April 24, 2018

Roberta Liebenberg, a partner at Fine, Kaplan and Black, received the Hortense Ward Courageous Leader Award from the Center for Women in Law at the University of Texas at Austin School of Law on April 13.

PLW People in the News—April 24, 2018—Saxton & Stump

Victoria Hudgins | April 24, 2018

Saxton & Stump’s Luke T. Weber was a speaker at the Pennsylvania Patient Safety Authority’s Patient Safety Summit on April 5 held at The Penn Stater Hotel and Conference Center in State College.

Commentary

US Supreme Court Finds ‘Service Advisors’ Exempt From Overtime Rules

Patricia C. Collins| April 23, 2018

The U.S. Supreme Court’s decision in Encino Motorcars v. Navarro interprets a very specific exemption to the overtime rules imposed by the Fair Labor Standards Act, 29 U.S.C. 201, et seq. (FLSA), but the court’s language and reasoning have game-changing ramifications.

News

K&L Gates Adds Partners in Hong Kong, Taipei, Tokyo

Anna Zhang | April 23, 2018

The firm's Asia expansion includes technology lawyer Nigel Stamp, energy specialist Owen Chio and corporate lawyer Dooyong Kang, who arrive from Eversheds Sutherland, KPMG Law and Jones Day, respectively.

People in the News—April 23, 2018—Dilworth Paxson

Victoria Hudgins | April 23, 2018

Join Marjorie Obod, Dilworth Paxson partner and chair of the firm’s labor and employment group, for a seminar titled “Updates on Diversity and Inclusion in the Workplace,” scheduled from 8–10 a.m. on Wednesday.

Pennsylvania Law Weekly

Pennsylvania Law Weekly| April 23, 2018

Click below to download the Pennsylvania Law Weekly in PDF format.

News

Fox Rothschild Grows Revenue 8 Percent, PPP Up 1.7 Percent

Lizzy McLellan | April 20, 2018

Managing partner Mark Morris said the firm had a strong 2017.

Expert Opinion

Circuit Court Rejects Attempts to Overturn PetSmart Defense Win

Max Mitchell | April 20, 2018

A federal appeals court has rejected a New Jersey woman's attempts to reverse a defense verdict PetSmart won last year, finding that the woman's proposed retail expert had been correctly disqualified from testifying in the case.

Commentary

Immigration Law and Policy: Three Basic Principles

Cathryn Miller-Wilson| April 20, 2018

With daily headlines about immigration, HIAS PA is receiving more calls than ever from not just would-be clients but also the public at large, all circulating around the same question, “can they do that?”

The Public Interest Calendar of Events

The Legal Intelligencer| April 20, 2018

On April 24, from 5:15 to 9 p.m., HIAS Pennsylvania will host its Golden Door Awards at the Crystal Tea Room, The Wanamaker Building, 100 E. Penn Square, Philadelphia.

Commentary

'Pittsburgh History': Boring Name, Big Development for Attorney-Client Privilege

Edward S. Robson| April 20, 2018

The plaintiffs propound discovery seeking your communications with the board related to the transaction. Can the company assert the attorney-client privilege against plaintiffs? Pennsylvania courts have been surprisingly quiet on this common issue until recently.

News

Cosby Lawyers, Prosecutors Spar Over Old Deposition, but Not Cosby's

Lizzy McLellan | April 20, 2018

Cosby's defense lawyers want to use decade-old deposition testimony from Andrea Constand's friend, who they say is unavailable for trial testimony.

Commentary

An Innovative Way to Represent Youth Clients

Jamie Gullen| April 20, 2018

Community Legal Services (CLS) attorneys met Ryan at a legal clinic at Covenant House. We quickly worked with Ryan to show the District Attorney’s oOffice the strides he had made in his life. The DA’s office agreed to withdraw the bench warrant and the case has now been expunged from Ryan’s record. Ryan has since been able to secure employment, start college and find stable housing.

Slideshow

Slideshow: This Week's 10 Most Popular Stories

Zack Needles | April 20, 2018

Morgan Lewis pushes back against its ex-client's complaint, a Philadelphia personal injury firm jumps into the Starbucks arrest controversy and more.

News

Krasner Includes Schnader Litigator, Montco Prosecutor Among 6 Lateral Hires

Max Mitchell | April 20, 2018

The Philadelphia District Attorney's Office is onboarding six new attorneys over the next few weeks, including one attorney from Schnader Harrison Segal & Lewis and a Montgomery County prosecutor.

News

Montco MDJ Denied Access to Judicial Diversion Program

Zack Needles | April 20, 2018

The Court of Judicial Discipline has denied Montgomery County Magisterial District Judge William Maruszczak's request to be placed in a little-used judicial diversion program in lieu of more serious discipline for charges that he confronted and threatened supporters of his political rivals and failed to recuse from a friend's cases.

People in the News—April 20, 2018—Kleinbard LLC

Victoria Hudgins | April 20, 2018

Leen Al-Alami joined Kleinbard LLC as an associate in the business and finance department.

State House Passes Measures Barring Revoking Driver's License for Some Crimes

Victoria Hudgins | April 20, 2018

The Pennsylvania House of Representatives passed measures that bar the suspension of a driver's license for buying alcohol underage, having a fake ID, not paying child support and being convicted of a drug charge, respectively.

General Assembly Passes Bill Creating Workers’ Comp Drug Formulary

Victoria Hudgins | April 20, 2018

An amendment to the state’s Workers’ Compensation Law requiring the state Department of Labor and Industry to have a drug formulary deemed appropriate to resolve issues related to drugs prescribed for the treatment of work-related injuries sits on Gov. Tom Wolf’s desk after passing in the General Assembly.

Capitol Report

Michael Riccardi | April 19, 2018

Following is a listing of executive and legislative activity for the week of April 16. The General Assembly was in recess at press time. The Pennsylvania Senate was scheduled to return to session on Monday. The state House of Representatives was set to reconvene on April 30.

Plaintiff Claimed Burns by Fireballs From Defective Stove

VerdictSearch| April 19, 2018

On Aug. 10, 2013, plaintiff Luong Nguyen, 51, a fruit picker, was reconnecting an Amba Super Gas Stove to a propane tank in his home, in Reading.

Analysis

'Client Value' Roles Take Off as Partners Place Trust in Professionals

Lizzy McLellan | April 19, 2018

Law firm client relationships aren't just in the hands of partners anymore.

Radiologist Denied Excessive Adrenaline Led to Heart Attack

VerdictSearch| April 19, 2018

In February 2012, plaintiff Gladys Sanchez, 47, had a CT scan with contrast-material dye performed by radiologist Jeffrey Stiles at Lancaster Regional Imaging Associates, in Lancaster.

News

Lawyers in UPMC Data Breach Case Spar Over Complexity of Central Issue

Zack Needles | April 19, 2018

Attorney Gary Lynch, arguing before the Pennsylvania Supreme Court on behalf of the plaintiffs in a closely watched case over UPMC's employee data breach, urged the justices to set aside the technical complexities associated with the field of cybersecurity and instead focus on "one of the most fundamental tenets of our common law."

News

Court: Trooper Had Probable Cause to Stop U-Haul Crammed With Marijuana

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

Swerving over a road line multiple times was a good enough reason for a Pennsylvania state trooper to pull over a U-Haul that was ultimately found to have been transporting marijuana across state lines, a federal judge has ruled.

The Philadelphia Association of Paralegals Calendar of Events

The Legal Intelligencer| April 19, 2018

Check out a list of upcoming events for area paralegals.

Commentary

The Impact of Gun Violence in Philadelphia Communities

Linda Lammendola| April 19, 2018

All we need to do is turn on the television, read a newspaper or go online on our computers each day and ask why gun violence is so prevalent on our city streets.

News

Curb on Waiver of Stacking Under Pa. Auto Insurance Law Is Urged

Max Mitchell | April 19, 2018

An injured driver who previously elected and paid for stacking should not be limited from tapping that coverage because of a household vehicle exclusion, attorneys representing an injured motorist told the Pennsylvania Supreme Court at oral argument

Plaintiff Claimed Burns by Fireballs From Defective Stove

VerdictSearch| April 19, 2018

On Aug. 10, 2013, plaintiff Luong Nguyen, 51, a fruit picker, was reconnecting an Amba Super Gas Stove to a propane tank in his home, in Reading. Nguyen had disconnected the stove to refill the propane tank.

Commentary

A Defense View of Products Liability Jury Instructions

Eugene Hamill and Gerard Cedrone| April 19, 2018

As noted in Larry Coben’s thoughtful article in the Pennsylvania Law Weekly (“A Comparative Review of Product Liability Jury Instructions,” Jan. 30, 2018, p.9) many issues remain to be worked out as a result of the Pennsylvania Supreme Court’s 2014 Tincher v. Omega Flex, opinion, which overruled the venerable Azzarello v. Black Bros., 480 Pa. 547, 391, A.2d 1020 (1978).

Commentary

Transparency: Same Old Story With Some New Ideas to Get Results Faster

Terry Mutchler| April 19, 2018

Transparency Law, a specialized practice designed to pry open government records, wasn’t a coined phrase until recent years. But despite the newness of those words, the Founding Fathers knew all too well the concept—and frustrations—of attempting to access public records from government. They even wrote about it right here in Philadelphia in the 1700s.

Commentary

Preparing for the Imminent Release of New Proposed Guidance Under Title IX

Erin C. Galbally| April 19, 2018

The U.S. Department of Education Office of Civil Rights (OCR) is expected to release proposed guidelines for addressing sexual assault under Title IX of the Education Amendments of 1972 this spring, ushering in the latest round of changes facing educational institutions under the Trump administration.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| April 19, 2018

I represented my client for many, many years in business and personal matters. He has asked me to draft a will and he wants to name me as the executor. Can I ethically do this?

News

Justices to Eye 30-Day Window for Consent Affidavits in Divorces

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

The Pennsylvania Supreme Court has agreed to hear argument over whether a 30-day time limit to file affidavits applies to divorce cases.

News

At Arguments Over Nixed Verdict, Justices Question Whether Counsel Knew Too Much

Zack Needles | April 19, 2018

Pennsylvania Supreme Court oral arguments over a nixed $2.1 million jury award to a man who was shot outside of a Pittsburgh convenience store focused heavily on whether a defendant should be able to challenge a lump sum verdict based on a breakdown of damages the attorneys were never supposed to be privy to.

People in the News—April 19, 2018—McNees Wallace & Nurick

Victoria Hudgins | April 19, 2018

McNees Wallace & Nurick attorney Salvatore Bauccio is scheduled to speak at the 2018 Penn State Venture and IP Conference taking place Thursday and Friday at The Penn Stater Hotel and Conference Center.

Former US District Chief Judge Fullam of the Eastern District of Pa. Dies at Age 96

thelegalintelligencer | April 19, 2018

Judge John Patrick Fullam, a judge for more than 50 years, including nearly 45 on the federal bench, was among the longest serving federal judges in history, according to a press release.

News

Reed Smith Launches Tech Program for Select Summer Associates

Dan Packel | April 19, 2018

In a new twist on law firms' race to innovate, five summer associates in the United States and the U.K. will take on projects aimed at applying technology to legal services.

News

Reed Smith Snags Steptoe & Johnson Trio for Pension Practice

Xiumei Dong | April 18, 2018

Reed Smith has hired a three-lawyer group for its public pension fund and tax wealth planning practices.

News

Southwest Airlines Passengers Looking to Lawyer Up After Emergency Landing

Samantha Joseph | April 18, 2018

Less than 24 hours after a Dallas-bound Southwest Airlines jet made an emergency landing in Philadelphia Tuesday, attorney Ladd Sanger had already fielded two calls from passengers.

News

Bill Aimed at Indigent Defense Funding Could Imperil Library, Advocates Say

Max Mitchell | April 18, 2018

Last year, the First Judicial District raised rates for indigent defense attorneys for the first time in nearly 20 years. Now, more than 10 months later, there is still no agreement to cover the increased costs, and the latest effort to fill the funding gap is facing a mounting pushback.

News

Judge Orders Pa. Company to Honor $4M Pledge to Bible College

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

After failing to meet a filing deadline in a federal breach of contract case, a Pennsylvania company has been ordered to honor its $4 million pledge to a West Virginia Bible college.

Commentary

EB-1 Immigrant Visa Program: Apparently, It's Not Just for Einsteins

Feige M. Grundman and Steven R. Miller| April 18, 2018

We are only a few months into the Trump presidency’s second year, and immigration remains at the forefront of policy and public debate.

Commentary

Get Out of Your Office: The Importance of Extracurriculars After Law School

Alyssa R. Angotti| April 18, 2018

“Resume builder.” It’s a term we are taught at a young age. We join the band and play sports to get into a good college. We join clubs and volunteer to be attractive to law schools. We pull all-nighters with the hope of making Law Review. Before we know it, our resume building is over and we are first year associates. There is no longer a need for extracurricular activities, right? Wrong!

News

Defense Witness Says Cosby Accuser Backtracked on Assault Claim

Lizzy McLellan | April 18, 2018

Jurors weighing sexual assault charges against Bill Cosby heard testimony from star defense witness Marguerite Jackson on Wednesday afternoon.

News

Offit Kurman Affiliates With NY Firm, Gaining 12 Lawyers, Office Space

Lizzy McLellan | April 18, 2018

The deal with Menaker & Herrmann continues mid-Atlantic firm Offit Kurman's growth in the New York market.

People in the News—April 18, 2018—Blank Rome

Victoria Hudgins | April 18, 2018

Associate Brian P. O’Neil joined Blank Rome in the firm’s Philadelphia office in the real estate group.

News

Federal Judges Say Firms, Clients Favor Male Litigators at Their Peril

Dan Packel | April 17, 2018

At a Reed Smith event, former SDNY Judge Shira Scheindlin and current U.S. District Judge Cynthia Rufe highlighted the costs of ignoring gender diversity.

News

Judge Says 5th Amendment Should Not Be Used to Avoid Deposition in Food Truck Explosion Civil Case

Max Mitchell | April 17, 2018

A Philadelphia judge handling the case has ruled that the defendant must attend a deposition and may assert the Fifth Amendment privilege only on a question-by-question basis.

News

Justices Eye Congress, 'Massive' Lawsuit Potential in Online Sales Tax Case

Marcia Coyle | April 17, 2018

"I'm concerned about the many unanswered questions that overturning precedents will create," Justice Sonia Sotomayor said at one point during the argument Tuesday.

Commentary

Settlement of Commercial Litigation Matters: Approaches and Issues to Keep in Mind

Christopher E. Ezold| April 17, 2018

Settling commercial disputes frequently implicates a wide range of issues than settling personal matters; in this article I will discuss approaches and issues to keep in mind in resolving commercial disputes.

Commentary

A Primer for In-House Counsel on FCA Implications of the Opioid Epidemic

Benjamin H. McCoy| April 17, 2018

The past year has seen a large up-tick in federal activity aimed at curbing the nation’s opioid crisis. Of particular note, on July 13, 2017, the Medicare Fraud Strike Force arrested 412 defendants in a nationwide health care fraud enforcement directive. Of these, 120 were charged for actions taken in relation to opioids.

News

U.S. Steel Finds Its New General Counsel in Duane Holloway

Stephanie Forshee | April 17, 2018

Holloway most recently led the legal department at Ascena Retail Group.

People in the News—April 17, 2018—Panitch Schwarze Belisario & Nadel

Victoria Hudgins | April 17, 2018

Panitch Schwarze Belisario & Nadel partner Dr. Jeffrey W. Gluck participated in the Penn Intellectual Property Symposium “Open Source’s Impact on Innovation” on March 27.

PLW People in the News—April 17, 2018—Lamb McErlane

Victoria Hudgins | April 17, 2018

Lamb McErlane attorney Kevin J. Conrad was selected to serve on the Lower Merion School District's school safety task force.

News

Men Arrested at Starbucks Have Retained Cohen Placitella as Civil Counsel

Max Mitchell | April 16, 2018

Two black men who were arrested at a Starbucks coffee shop in Philadelphia as they waited to meet an acquaintance for a business meeting have retained counsel from a well-known mass-tort civil litigation firm as protesters Monday staged sit-ins.

News

Scarnati Ordered to Pay Gerrymandering Challengers' Attorney Fees

P.J. D'Annunzio | April 16, 2018

A federal judge in Pennsylvania has ordered state Sen. Joseph Scarnati, R-Jefferson, to pay the League of Women Voters' attorney fees, finding the senator improperly removed the group's challenge over Pennsylvania's congressional map to federal court.

News

Morgan Lewis: Firm Did Not Admit to Mishandling Conflict

Lizzy McLellan | April 16, 2018

In a $30 million dispute over an alleged conflict of interest, Morgan, Lewis & Bockius contends it did not admit to the allegations brought by its former client, Towers Watson Delaware.

Commentary

Historic Preservation Through Land Use Controls: What Is It? How Does It Work?

Blaine A. Lucas and Alyssa E. Golfieri| April 16, 2018

Preservation of the commonwealth's historically significant natural, scenic, cultural, and architectural features and resources is a rising priority among local municipalities—and for good reason.

Commentary

Appealing a Trial Court's Refusal to Disqualify an Arbitrator

Charles F. Forer| April 16, 2018

Having started on the arbitrator-disqualification road and having started the process of (unintentionally) aggravating the arbitrator, Bob concluded he now had no practical choice. He had to go to court to seek to disqualify the arbitrator.

News

Cosby Lawyers Question Accuser About Money-Making Endeavors

Lizzy McLellan | April 16, 2018

The comedian’s defense team emphasized Andrea Constand's financial situation more so than Cosby's former defense lawyers did at his 2017 trial.

Commentary

Court Examines the Impact of Retirement in Alimony Termination Case

Michael E. Bertin| April 16, 2018

Alimony is a post-divorce remedy that consists of a monthly payment from one spouse to the other that begins upon the entry of a divorce decree.

News

Cohen Claims Morgan Lewis, Squire Patton Boggs Records in Seized Materials

Christine Simmons | April 16, 2018

Records related to both global legal giants could be contained in materials seized last week by federal law enforcement officials in raids on Michael Cohen's home, hotel room and office.

News

NFL Accuses Lawyers, Doctors of 'Widespread Fraud' on Concussion Settlement

Max Mitchell | April 16, 2018

The NFL has asked a Pennsylvania federal judge to appoint a special investigator to look into alleged "widespread fraud" that is "infecting" the $1 billion concussion litigation settlement.

Slideshow

What 10 Legal Department Luminaries Have Said About Outside Firms

Rebekah Mintzer | April 16, 2018

Here are some of the quotable (and occasionally controversial) statements those in legal departments have made about their outside partners.

News

Newt Gingrich Leaves Dentons, Eyes Relationship With New Law Firm

Ryan Lovelace | Meredith Hobbs | April 16, 2018

Gingrich, who joined Dentons' public policy and regulatory group in 2015, said he has been in talks with "various other global law firms."

People in the News—April 16, 2018—Dickie, McCamey & Chilcote

Victoria Hudgins | April 16, 2018

Dickie, McCamey & Chilcote added Jessica L. Altobelli as an associate to its Pittsburgh office. She joins the Medicare compliance practice group.

Banking Secretary Announces Online Resource to Help Residents With Finances

The Associated Press| April 13, 2018

Secretary of Banking and Securities Robin L. Wiessmann recently announced a new online resource available to working adults designed to help them achieve personal financial capability and independence.

Online Voter Registration Pushed as Primary Deadline Approaches

The Associated Press| April 13, 2018

Acting Secretary of State Robert Torres reminded Pennsylvanians that Monday is the deadline to register to vote in the May primary election. He added that online voter registration (OVR) makes the process easier than ever before.

Capitol Report

Michael Riccardi | April 13, 2018

Following is a listing of executive and legislative action from the week of April 9. Members of the General Assembly were in recess at press time; both houses were scheduled to reconvene on Monday.

News

Montco Residents Sue Over Water Contamination From Firefighting Chemicals

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

Seven Montgomery County residents have sued 3M and several other chemical companies over the contamination of their drinking water by firefighting foam used at a nearby military base.

News

Law Firms Rarely Have Policies About Lawyers Recording Phone Calls

Miriam Rozen | April 13, 2018

The legality of recording phone calls without permission is one thing. The ethics of doing so is another.

Commentary

Hybrid Medical Devices Granted Express Pre-emption by Third Circuit

Megan E. Grossman and Asher A. Block| April 13, 2018

On March 1, the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: how courts should apply an express pre-emption provision to state law tort claims challenging the design and manufacture of a hybrid medical device, defined as a medical device comprised of differently classified components.

News

Uber Limo Drivers Are Contractors, Not Employees, Federal Judge Rules

Max Mitchell | April 13, 2018

Uber limo drivers are not employees under the Fair Labor Standards Act, a federal judge has ruled, handing the ride share giant a win against drivers who sued the company for allegedly failing to meet minimum wage and overtime requirements.

Commentary

Supreme Court Considers State Ban on Political Apparel in Polling Place

Stephen A. Miller and Pamela Dorian| April 13, 2018

Does the First Amendment allow a state to prohibit voters from wearing “political” apparel, such as T-shirts and buttons, in the voting booth on Election Day? The U.S. Supreme Court will address this question in Minnesota Voters Alliance v. Mansky, setting up a clash between a state’s interests in an intimidation-free polling place versus an individual’s freedom of speech.

News

Constand Testifies at Cosby Retrial: 'I Wanted It to Stop. I Couldn't Say Anything.'

Lizzy McLellan | April 13, 2018

Andrea Constand took the witness stand before a new jury Friday, describing her friendship with Cosby, and the night of her alleged assault.

People in the News—April 13, 2018—SchwartzJordan

Victoria Hudgins | April 13, 2018

The SchwartzJordan Law Group added Caitlin B. Cherkin to the firm as an associate in the exclusive practice of domestic relations law.

News

China Hacks on US Corporations Rising, With Law Firms, GCs Prime Targets

Ian Lopez | April 13, 2018

While China has been largely compliant with an agreement with the U.S. to not hack for intellectual property, new data indicates M&A info and contracts are viewed as fair game.

News

Rosenbaum's Suit Against Morgan & Morgan Again Avoids Dismissal

P.J. D'Annunzio | April 12, 2018

The judge said Rosenbaum laid out claims regarding the 200 ads sufficient enough to withstand initial legal scrutiny.

Parking Lot Collision Caused Spine Damage, Plaintiff Argued

VerdictSearch| April 12, 2018

On Oct. 15, 2013, plaintiff Karin Kady, 42, owner of a restaurant-staffing business, was driving in the parking lot of a restaurant, in King of Prussia.

News

New US Attorney McSwain Names Leadership Team

P.J. D'Annunzio | April 12, 2018

One week after being sworn in as U.S. attorney in Philadelphia, William McSwain has put together the executive team that will lead the region's federal prosecutors, his office announced Thursday.

Commentary

Excess Insurer’s Rights Against a Primary Insurer Under Pennsylvania Law

Kenneth Portner| April 12, 2018

The relationship between primary and excess liability insurers has been characterized as “unusual.”

Commentary

Court Provides Guidance on the Authentication of Social Media Posts, Or Does It?

Edward T. Kang| April 12, 2018

Facebook has been making headlines lately over claims it shared personal data on more than 87 million people to the political data firm, Cambridge Analytica for use in the 2016 presidential election. In the midst of the Cambridge Analytica chaos, the Pennsylvania Superior Court provided long-overdue guidance on the authentication of posts from Facebook and other social media platforms.

Commentary

TV Show Proves General Public Should Be More Aware of FDA's Medical Device Process

Emily B. Ashe| April 12, 2018

Having started my career in mass torts, one of the first things I learned about was the U.S. Food and Drug Administration (FDA) 510(k) clearance process regarding a medical device. It wasn’t until very recently (late November 2017 to be exact) that I realized how little the general public knows about this process.

News

Barristers’ President Swaps Firms for McMonagle Perri

Lizzy McLellan | April 12, 2018

Charles Gibbs said leaving the firm where he was a name partner wasn't easy, but joining McMonagle Perri was an opportunity he couldn't pass up.

News

Janice Dickinson Testifies Against Cosby: 'Here Was America's Dad on Top of Me'

Lizzy McLellan | April 12, 2018

One of Bill Cosby’s most famous accusers took the stand as a prior bad acts witness on Thursday.

News

Proceeds of Movie Script Settlement Can Be Divided With Writer's Ex-Spouse

Max Mitchell | April 12, 2018

Settlement proceeds from a writers' dispute involving the film "Olympus Has Fallen" must be further divided pursuant to one of the writer's divorce agreements, the Pennsylvania Superior Court has ruled.

Commentary

US Supreme Court Weighs In on Whistleblower Protections Within Dodd-Frank

Jonathan T. Marks| April 12, 2018

Digital Realty Trust, Inc., a San Francisco, California-based REIT, terminated Paul Somers, vice president, portfolio management, Asia-Pacific and Europe, circa June 2014.

Commentary

Five Questions Likely to Flow From 'Water-to-Water' Cases

Jillian C. Kirn| April 12, 2018

In two recent decisions, Hawai’i Wildlife Fund v. County of Maui and EQT Production v. Department of Environmental Protection, courts have considered the nuances of “water-to-water theory” and what constitutes a single discharge.

News

Commonwealth Court Limits Payments for Workers' Comp Chiropractors

Zack Needles | April 12, 2018

The Commonwealth Court has ruled in a case of first impression that chiropractors who treat workers' compensation claimants are not entitled to payment for routine office visits in addition to payment for procedures that are performed during those visits.

Commentary

Resolving Environmental Problems Through Collaborative Decision-Making

Kenneth J. Warren| April 12, 2018

Established methods of decision-making employed by administrative agencies are often ill-suited to reaching results that best reconcile the interests of all stakeholders.

News

Justices to Eye Constitutionality of Consequences for DUI Blood Test Refusals

Zack Needles | April 12, 2018

The Pennsylvania Supreme Court has agreed to hear arguments over whether it's unconstitutional for a DUI suspect's refusal of a warrantless blood draw to be used against him at trial.

Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton| April 12, 2018

What has been an issue of concern in Pennsylvania for in-house corporate counsel recently?

Update

People in the News—April 12, 2018—Post & Schell

Victoria Hudgins | April 12, 2018

Mission Kids Child Advocacy Center chief executive officer Abbie R. Newman was the speaker at Post & Schell’s annual reception celebrating Women’s History month on March 22.