Regulation

New York Law Journal |Expert Opinion

SALT-Free Alchemy? Converting State Taxes to Charitable Deductions

Conrad Teitell | June 22, 2018

In his Estate Planning and Philanthropy column, Conrad Teitell writes: “The Tax Cuts and Jobs Act,” Pub. L. No. 115-97, limits an individual's deduction under IRC Section 164 for the total amount of state and local taxes (SALT) paid during the calendar year to $10,000 ($5,000 for a married individual filing a separate return)
Legaltech News |Analysis

Security Breach Responses: Inside the Notification Landscape

Bart A. Lazar, Seyfarth Shaw | June 22, 2018

The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself.
Law.Com |

Higher Law: NY Moves Closer to Legal Weed | Catch Up With a Lawyer Charged in Pot Case | Plus: Who Got the Work

Cheryl Miller | June 21, 2018

We're looking at the growing push to legalize adult-use cannabis in one of Canada's southern neighbors, New York. Plus, check in with a California lawyer whose arrest last year sent shockwaves through cannabis-law circles. And scroll down to see who got the work. Thanks for reading Higher Law!
National Law Journal |News

A Kennedy Concurrence Fuels Speculation on Chevron's Future—And His

Tony Mauro | June 21, 2018

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.
The Legal Intelligencer |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.
The Legal Intelligencer |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.
National Law Journal |News

SEC's Jay Clayton Raises Fresh Concern About SCOTUS Ruling on Disgorgement

C. Ryan Barber | June 21, 2018

“I think the SEC should be in the business of getting money back for investors who are subject to that kind of fraud—a Ponzi scheme and whatnot. A possible way to do that is to give us restitution authority in those circumstances,” Clayton told members of a U.S. House committee on Thursday.
The Legal Intelligencer |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.
National Law Journal |

US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'

Tony Mauro | June 21, 2018

But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.
Legaltech News |News

FTC's Limited Data Privacy Power Makes Its New Chair 'Nervous'

Mike Scarcella | June 21, 2018

What's the agency planning on that front? Self-reflection at the Federal Trade Commission, and other highlights from the agency's new leader.
Legaltech News |News

EU Copyright Directive Advances, Article 13 Has Big Implications for Tech Companies

Caroline Spiezio | June 21, 2018

The directive, which passed the EU's Legal Affairs Committee this week and is slated to move to an EU Parliament vote in the future, could introduce additional costs and force legal departments to closely monitor content.
The Legal Intelligencer |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.
The Legal Intelligencer |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.
Law.Com |

Labor of Law: Strategizing on the Future of Work | Tesla Sues Ex-Employee | Plus: Latest Moves

Erin Mulvaney | June 21, 2018

Littler's teaming up with a lobby shop to shape policy discussions on artificial intelligence. Plus: Jones Day is the latest firm sued over gender equity. Scroll down for who got the work in the big Tesla case and to see some of the big new hires and promotions.
Legaltech News |News

US Higher Education Institutions Face Their Own GDPR Challenges

Dan Clark | June 20, 2018

Companies have been panicking over the General Data Protection Regulation, but they're far from the only entities covered. Colleges and universities have cause for concern too.
The Legal Intelligencer |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.
National Law Journal |News

DC Circuit Sides With Pharma Company in Battle With FTC Over GC's Documents

Katheryn Tucker | June 19, 2018

Judge Brett Kavanaugh took a dispute that involved more than 10,000 documents and dispatched it in a simple seven page order affirming the U.S. District Court for the District of Columbia in holding that a company does not have to surrender certain requested files to the Federal Trade Commission.
National Law Journal |

Why the Treasury Department's Top Lawyer Sold Off His Bitcoin Holdings

C. Ryan Barber | June 19, 2018

Brent McIntosh, a former Sullivan & Cromwell partner who was confirmed as Treasury's general counsel in August, reported two sales of Bitcoin in December, according to records on file at the U.S. Office of Government Ethics.
The Legal Intelligencer |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).
Daily Business Review |Commentary

Employment Arbitration Agreements Can Contain Class Action Waivers

April Boyer, Andrew C. Glass and Roger L. Smerage | June 19, 2018

Many employers prefer to resolve disputes with employees through arbitration as opposed to more costly litigation in court.
The Legal Intelligencer |Case Digests

Yencha v. Commonwealth, Dept. of Transportation

June 19, 2018

The trial court erred in holding that the Pennsylvania Department of Transportation was required to produce direct evidence to support an arresting officer's belief that a licensee drove his vehicle while under the influence of alcohol. The appellate court reversed and reinstated the suspension of licensee's operating privileges.
New Jersey Law Journal |News

NJ Latest Front in Denmark Suits Claiming $2.1 Billion in Retirement Fund Fraud

Charles Toutant | June 18, 2018

New Jersey is the latest front in a battle by the government of Denmark to recoup $2.1 billion it allegedly lost to a tax fraud scheme perpetrated by retirement funds and their managers.
New York Law Journal |In Brief

NY Department of Financial Services Grants Cryptocurrency License to Square

MP McQueen | June 18, 2018

The state's top financial regulator said that the company founded by Twitter Inc. CEO Jack Dorsey had obtained the license giving New York residents the ability to buy and sell bitcoin through its Cash App.
The Legal Intelligencer |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.
National Law Journal |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.
Daily Business Review |Commentary

New Tax Act May Be Complicated, But the Savings Potential Is Significant

Robert Kramer | June 18, 2018

It is stunning how few people realize the significance of one provision of the new Tax Cuts and Jobs Act of 2017, which became effective earlier this year. Perhaps the reason for this is that it is conceptually complicated, but that should be your tax professional's problem; it should not be yours.
Legaltech News |Analysis

The GDPR's Idea of Consent Isn't the Same as the U.S. Legal Framework

Batya Forsyth and Everett Monroe, Hanson Bridgett | June 18, 2018

The GDPR sets a much higher standard for valid consent that makes obtaining and maintaining it from its users more difficult than the U.S. legal framework.
Daily Business Review |Commentary

Points to Consider Before 'Take Your Dog to Work Day'

Aaron Tandy | June 18, 2018

On June 22, it will be the 20th year of Pet Sitters International's “Take Your Dog to Work Day®,” which encourages employers to allow pets to accompany employees to the office.
Daily Business Review |Commentary

Jury Trials Are Alive and Well in Dade County and Have a Promising Future

Paul A. McKenna | June 15, 2018

Although the trends are toward settlement of disputes, either through mediation or arbitration, there are still some situations where you have to scratch and claw for what you and your client believe is right. That is never going to change, and that is what juries are for.
New Jersey Law Journal |Profile

Attorney of the Year Finalist: Porrino, Eyeing 'Horizon,' Treats Attorney General Job as a 'Sprint'

David Gialanella | June 15, 2018

According to Christopher Porrino, who finished his term as New Jersey's 60th attorney general early this year, knowing the "horizon" of a job amounts…
The Recorder |Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.
The Legal Intelligencer |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?
Law.Com |

Higher Law: The States ACT on Marijuana | Who Got the Work | Plus: In the Weeds!

Cheryl Miller | June 14, 2018

We've got some observations on that big marijuana legislation in Washington DC. And in who got the work—keep sending me your new stuff!—PharmaCann picks up a federal lobbyist, and a New Jersey law firm joins forces for a greater share of that state's growing marijuana business.
The Legal Intelligencer |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.
Daily Business Review |News

Putnam Says Public Safety 'Not at Risk' in License Snafu

Lloyd Dunkelberger, News Service of Florida | June 14, 2018

The problem has led to heavy criticism of Agriculture Commissioner Adam Putnam amid his campaign for governor.
Legaltech News |News

What's Holding Blockchain Back? It Could Be the Regulatory Confusion

Rhys Dipshan | June 14, 2018

A survey by Ernest and Young found that most corporate professionals believed regulatory complexity posed the biggest barrier to adoption of blockchain technologies.
Legaltech News |News

Tech Companies Say 'The Fight is Far From Over' as Net Neutrality Ends

Caroline Spiezio | June 14, 2018

'Although the 2015 net neutrality rules ended this week, the fight is far from over,' said Michael Cheah, the general counsel of Vimeo, in a statement. He wasn't the only person in tech upset about the end of this Obama-era regulation.
The Legal Intelligencer |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).
Law.Com |

Labor of Law: EEOC's Reflections on #MeToo | Sizing Up the Gig Workforce | Plus: The Latest Laterals & More

Erin Mulvaney | June 14, 2018

We've got highlights from the EEOC's sexual harassment task force meeting, where management-side and plaintiffs lawyers made observations about #MeToo and what's next. Plus: scroll down for who got the work in some of big cases, and check out the latest on the moves front. Thanks for reading!
National Law Journal |

CSX, Hauled to Court Over Physical Abilities Tests, Settles Claims for $3.2M

Erin Mulvaney | June 13, 2018

The EEOC alleged the freight rail company's physical abilities tests discriminated against female applicants for various posts. The company did not admit liability.
National Law Journal |News

George Mason's Todd Zywicki Emerges as a Leading Pick for CFPB Director

C. Ryan Barber | June 13, 2018

The Trump administration is nearing a crucial deadline with the CFPB nomination. The acting director, Mick Mulvaney, can stay until June 22, or longer if the White House has formally announced a nominee. The White House is reportedly considering several potential nominees.
The Legal Intelligencer |Commentary

Health Care Employees Caught Sleeping on Duty Face High Hurdle in Court

Sid Steinberg | June 12, 2018

Employees in the health care profession who receive discipline for sleeping on duty face high hurdles to succeed on employment discrimination claims.
New York Law Journal |Expert Opinion

Lessons from the SEC's First Cyber-Disclosure Enforcement Action

Margaret A. Dale and Mark D. Harris | June 12, 2018

In our October 2017 column, we wrote about some of the Securities and Exchange Commission's new cybersecurity initiatives, including the creation of a new Cyber Unit within the SEC's Enforcement Division.
The Legal Intelligencer |Commentary

Recent Decision Provides Guidance to Landlords, Tenants Under PLDCL

Alan Nochumson | June 12, 2018

A recent decision handed down by Judge Lisa M. Rau in Houston v. Analaris Homes, No. 161101449, may provide much guidance to landlords and tenants alike under Philadelphia's Lead Disclosure and Certification Law (PLDCL) which is codified under Section 6-800 et seq. of the Philadelphia Code.
New York Law Journal |Expert Opinion

Distracted Driving and Liability Considerations: A Thriving Issue

Michael Hoenig | June 12, 2018

Complex Litigation columnist Michael Hoenig writes: The National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds that 391,000 persons were injured in motor vehicle crashes involving distracted drivers in 2015.
National Law Journal |

3 Takeaways From Once-Secret Justice Department Memos on Foreign-Agent Lobbying

C. Ryan Barber | June 12, 2018

“In general, I would say this is not quite the Rosetta Stone for interpreting DOJ's position on FARA that some might have hoped for,” says Covington & Burling's Robert Kelner, an election and political law expert. “The opinions cover a lot of ground but they do it in some cases at a fairly high level of generality."
National Law Journal |News

Nothing 'Sinister' in Forced Arbitration, Proskauer Lawyer Tells EEOC Task Force

Erin Mulvaney | June 11, 2018

“Bad facts make bad law,” Proskauer Rose partner Kathleen McKenna told an EEOC task force studying sexual harassment in the workplace. “A rise in voices suggests arbitration and resolution with nondisclosure agreements are acts of secrecy with sinister connotations. Respectfully, these conclusions, generally, are incorrect.”
New York Law Journal |News

Berman Touts Lead, Mold Monitoring Accord With NYC as End to Public Housing 'Nightmare'

Colby Hamilton | June 11, 2018

The consent decree, announced by the Manhattan U.S. Attorney's Office on Monday, will see another federal monitor imposed on the city's public housing authority.
New Jersey Law Journal |Commentary

Waterfront Commission Lives On

Law Journal Editorial Board | June 11, 2018

We applaud Judge Wigenton's decision and look forward to the continuation of the commission and the regulatory work with which it continues to be intimately involved.
New Jersey Law Journal |Profile

Ortho Legal Department Wraps Brazil Deal, Tackles GDPR in 2017

David Gialanella | June 11, 2018

The easiest path for any lawyer is simply to say 'no'—however, a lawyer operates at the most sophisticated level when he or she can create solutions that are effective and manage risk appropriately. That is how the Ortho Legal and Compliance Department is focused.
The Legal Intelligencer |

Neelima Vanguri: A Landmark Fight for Rights

P.J. D'Annunzio | June 11, 2018

As legal battles over transgender rights rage in courtrooms across the country, one case stands out among the pack for its unique and potentially game-changing legal strategy: Blatt v. Cabela's.
National Law Journal |News

Senior EPA Attorney Resigns, Named GC of Oklahoma Workers' Comp Commission

Dan Clark | June 08, 2018

Sarah Greenwalt, the top attorney for EPA Administrator Scott Pruitt, has announced that she's returning to Oklahoma state government.
The Legal Intelligencer |Commentary

LGBTQ Couples Among Those Adoption Agencies Can Deny in Kansas, Oklahoma

Angela D. Giampolo | June 08, 2018

Most children live with the expectation that they'll grow up, get married, and one day, have kids—I think that's even a song! But, for children who realize they're a member of the LGBTQ community, the certainty of parenthood is now in question.
New Jersey Law Journal |

From $109M Fine to $0: CFPB Case Against NJ Mortgage Lender PHH Corp. Dropped

C. Ryan Barber | June 08, 2018

The dismissal comes fives months after a Washington federal appeals court upheld the CFPB's power structure as constitutional but tossed the penalty against New Jersey-based PHH, sending the case back to the bureau for further action.
National Law Journal |Q&A

Marijuana Lawyering in Massachusetts: Perspective From Foley Hoag's Kevin Conroy

Cheryl Miller | June 07, 2018

"Despite the delays [in] licensing, we are still the first state on the East Coast that will be dispensing adult-use product and our regulatory structure is comprehensive," said Kevin Conroy, co-chair of Foley Hoag's marijuana group.
Legaltech News |News

GDPR Can Make Catching Domain Name IP Violators Tougher, Attorneys Say

Dan Clark | June 07, 2018

GDPR has raised some new issues around domain ownership and infringement. But hold tight—the situation may improve down the road.
National Law Journal |

CVS, Best Buy End Job-Applicant Personality Tests Amid EEOC Probe

Erin Mulvaney | June 07, 2018

The use of personality tests ballooned over the last decade, as companies tried to find efficient ways to hire workers by using algorithms to predict how a worker will perform.
New York Law Journal |Analysis

Sessions' Justice Department's Pragmatic Approach to Corporate Accountability

Robert J. Anello and Richard F. Albert | June 07, 2018

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at the “anti-piling on” policy announced by Deputy Attorney General Rod Rosenstein, which is intended to reduce duplicative punishments when a corporation is accountable to multiple regulatory bodies.
Daily Report Online |News

Appeals Court Ruling Puts Snapchat Speed Filter Lawsuit Back on Track

Greg Land | June 07, 2018

The appellate panel revived a suit asserting that Snapchat's speed filter was to blame for the injuries suffered by the victim of a teen driver who was doing more than 100 miles an hour when she wrecked her dad's Mercedes.
The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | June 07, 2018

As a lawyer, is it a defense to allegations of false statements or pleadings that I, as a lawyer, personally believe the statements?
Legaltech News |Analysis

Mobile Marketing Under the Telephone Consumer Protection Act: Do You Have the Consent You Need?

Ana Tagvoryan, Jeffrey Rosenthal and Harrison Brown, Blank Rome | June 07, 2018

Recent legal trends can help distinguish between informational and transactional text communications, and those that may cross the line into marketing and advertising.
New York Law Journal |Expert Opinion

Trump Pardon Power: Any Constitutional Limits?

Christopher Dunn | June 06, 2018

Presidential pardon fever has spiked over the last week following President Donald Trump's pardon of conservative commentator Dinesh D'Souza, who had been convicted of federal finance violations, and Trump's suggestion he also might pardon former Illinois governor Rod Blagojevich and lifestyle maestro Martha Stewart.
Legaltech News |News

New Colorado Law Sets 30-Day Requirement for Data Breach Notification

Gabrielle Orum Hernández | June 06, 2018

The 30-day notification window does not provide for any specific exemptions and is the shortest of any state.
New York Law Journal |Expert Opinion

Excited Utterances and the Quest for Reliability in 'Cummings'

Michael J. Hutter | June 06, 2018

In People v. Cummings, 2018 NY Slip Op. 03306 (May 8, 2018), the Court of Appeals addressed New York's long recognized excited utterance exception to the hearsay rule.
New York Law Journal |Case Digests

Progressive Credit Union v. NYC

May 22, 2018

Medallion Cabs Differences From 'For-Hire Vehicles'; Allow for Different Regulations
New Jersey Law Journal |Case Digests

In Re Adoption of N.J.A.C. 17:1-6.4

May 21, 2018

Shifting IME Costs onto Benefits Applicants Contrary to Liberal Application of Pension Statute in Favor of Workers
The Legal Intelligencer |Case Digests

Haugh v. Pennsylvania Liquor Control Bd.

May 15, 2018

The liquor control board did not err or abuse its discretion in granting townships petition for an exemption from the amplified sound re-strictions for a liquor-licensed premises because case law showed that the noise standard in the townships ordinance was not subjective, nothing in the liquor code required a municipalitys noise ordinance to be as restrictive as the amplified sound restrictions in the liquor code and the township and police enforced the noise ordinance regardless of whether complaints were made from within or outs
The Legal Intelligencer |Case Digests

Keystone ReLeaf LLC v. Dept of Health

May 08, 2018

Petitioner failed to exhaust its administrative remedies in its challenge to the department of healths processing of dispensary permit ap-plications because petitioner did not present a facial constitutional challenge to the act or temporary regulations so the constitutional exception to the doctrine of exhaustion of remedies did not apply and petitioner did not show that the departments administrative remedy was inadequate. Petition dismissed.
The Legal Intelligencer |Case Digests

Commonwealth of Pa. v. President, United States of Am.

May 08, 2018

Intervention as of right in case involving religious exemption from ACA contraceptive mandate permitted where intervenor had significant interest as plaintiff in underlying case leading to current exemption and was not adequately represented by federal government. Order of the district court reversed.
The Legal Intelligencer |Case Digests

Kapish v. Advance Code Grp.

May 01, 2018

Class of one equal protection claim failed where plaintiff failed to establish he was intentionally treated differently from other similarly situated individuals without any rational basis for such different treatment. Defendants motion for summary judgment granted.
The Legal Intelligencer |Case Digests

Key v. Pennsylvania Dept. of Corr.

April 24, 2018

Restrictions on inmates receipt of published materials is constitutionally firm where reasonably related to legitimate penological objectives of security and rehabilitation. Preliminary objections sustained, cross-preliminary objections overruled, petition dismissed.
Connecticut Law Tribune |Case Digests

Town of North Canaan v. Darling

April 09, 2018

Evidence That Dogs Were Neglected and Cruelly Treated Warranted Seizure From Owner
Connecticut Law Tribune |Case Digests

A Better Way Wholesale Autos, Inc. v. Commissioner of Motor Vehicles

April 02, 2018

Certification Was Improvidently Granted
Delaware Law Weekly |Case Digests

FMC Corp. v. New Castle Co. Special Serv. Dept.

March 14, 2018

The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.
The Legal Intelligencer |Case Digests

Khadr v. Commonwealth, Dept. of Transportation

March 13, 2018

PennDOT failed to meet its burden regarding an alleged faulty inspection since the mere suspicion of faulty inspection is not enough to sustain its burden.
The Legal Intelligencer |Case Digests

Bentley v. Bureau of Profl and Occupational Affairs, State Bd. of Cosmetology

March 13, 2018

The State Board of Cosmetologys capricious disregard of petitioners mitigating evidence, offered in response to a show cause order why her prior felony convictions should not warrant suspension or revocation of her cosmetology license, constituted a violation of its responsibility to review, with care, such evidence.
The Legal Intelligencer |Case Digests

Checker Cab Phila. v. Phila. Parking Authority et al

February 20, 2018

The Philadelphia Parking Authority was not liable to Philadelphia taxicab medallion holders under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution for their loss of income caused by the authoritys alleged failure to combat transportation network companies such as Uber and Lyft. The court granted the parking authoritys motion for summary judgment.
The Legal Intelligencer |Case Digests

DeNaples v. Pennsylvania Gaming Control Bd.

February 13, 2018

Anti-distribution provision imposed by gaming control board against principal licensee following dismissal of perjury charges arising from license application also applied to licensees businesses and precluded them from doing business with licensees casino. Order of the Pennsylvania Gaming Control Board affirmed.
Connecticut Law Tribune |Case Digests

Aparicio v. Murray

February 12, 2018

Plaintiff May Not Force Neighbor to Continue Supplying Plaintiffs Property with Water
The Legal Intelligencer |Case Digests

Philadelphia Entertainment & Dev. Partners, L.P. v. Commonwealth

February 06, 2018

Bankruptcy court erred in holding that the Rooker-Feldman doctrine barred it from considering trustees fraudulent transfer claims over the revocation of debtors slot machine license because bankruptcy court applied the doctrine too broadly in finding that trustees claims required the federal courts to void the state court order revoking the license. Reversed.
The Legal Intelligencer |Case Digests

Garlick v. Dept. of Transp., Bureau of Driver Licensing

January 30, 2018

License suspension for refusal of a blood alcohol test valid even though police did not advise driver of statutorily-mandated, but constitutionally-invalidated enhanced criminal penalties for refusal of testing. Order of the trial court affirmed.
The Legal Intelligencer |Case Digests

Whalla v. Pennsylvania Liquor Control Bd.

January 30, 2018

Board properly held that applicants liquor license renewal and revalidation applications for a license he bought at an IRS auction were un-timely because he filed them late, offered no reason for the delay to support nunc pro tunc relief and failed to pay the required filing fee. Affirmed.
Connecticut Law Tribune |Case Digests

62-64 Kenyon Street, Hartford LLC v. City of Hartford

January 15, 2018

Plaintiffs Attack on City Ordinance Largely Dismissed by Court
Connecticut Law Tribune |Case Digests

Watson v. Zoning Board of Appeals of the Town of Glastonbury

January 15, 2018

Zoning Board Properly Denied Permit to Operate Off-Site Enterprise From Business Owners Home
The Legal Intelligencer |Case Digests

Commonwealth v. Scott

January 09, 2018

Trial court erred in treating unlicensed concealment of firearm as strict liability offense, when statute required a culpable mental state. Judgment of sentence reversed, case remanded for new trial.
New York Law Journal |Case Digests

NY Medical Cannabis Industry v. State Department of Health

January 08, 2018

New Players to Enter State's Medical Marijuana Market After Judge Rejects Challenge
Delaware Law Weekly |Case Digests

Bridgeville Rifle & Pistol Club, Ltd. v. Small

December 27, 2017

State agencies lacked authority to impose regulations amount to near-total ban on lawful firearms in state parks and forests, where Delaware Constitution protected citizens rights to bear lawful arms both inside and outside the home for the defense of self and family.
The Legal Intelligencer |Case Digests

City of Bethlehem v. Kanofsky

December 26, 2017

The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.
The Legal Intelligencer |Case Digests

DeGrossi v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

December 26, 2017

Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.
The Legal Intelligencer |Case Digests

1400 North Third St. Enterprises, Inc. v. City of Harrisburg, License and Tax Appeal Bd.

December 26, 2017

The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.
The Legal Intelligencer |Case Digests

McGrath v. Bureau of Profl and Occupational Affairs

December 19, 2017

State Board of Nursing retained discretion, upon consideration of regulatory factors, to reinstate a license automatically suspended pursuant to a felony drug conviction, where the 10-year waiting period for felony conviction was intended only to apply to initial issuances or issuances following revocation. Order of the commonwealth court affirmed.

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Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
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Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

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America's Claims Event 2018

June 25, 2018 - June 27, 2018
Austin, TX

The Annual Conference For Senior Claims Managers In Insurance Organizations
In-House Counsel CLE Seminar (Pennsylvania) 2018

June 27, 2018
Philadelphia, PA

This complimentary CLE-eligible program is designed to provide in-house counsel with the latest developments on legal topics
Pennsylvania Legal Awards 2018

June 27, 2018
Philadelphia, PA

Join us as we honor those lawyers who have left an indelible mark on the legal community in Pennsylvania and beyond.

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webseminar

Crafting Arbitration Clauses: How Specificity Reduces Dispute Time & Costs

| June 05, 2018

When drafting arbitration clauses, specificity matters. The last thing you want is a disagreement over the provision itself. That would defeat the purpose of the arbitration, and result in litigating the meaning of the clause.

webseminar

Gender on Trial: How Tech is Driving Diversity in Law

| May 25, 2018

Join this webcast for an understanding of how new approaches to diversity evaluation and emerging technologies can help track a firm’s performance to achieve better gender diversity in litigation.

webseminar

EDiscovery Lessons from Case Law About Spoliation

Sponsored by: Zapproved | April 23, 2018

[ON-DEMAND] Sponsored by: Keeping up with case law is challenging. New opinions come out every day, and they’re…

Defense Litigation Associate Attorney

Boston, Massachusetts, United States

Wilson Elser's Boston office is currently seeking a Defense Litigation Associate Attorney.This is an excellent opportunity for attorneys loo...
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Construction Litigation Associate Attorney

New York, New York, United States

Wilson Elser's NYC office is currently seeking Attorneys to join our Complex Tort & General Casualty group.This is an excellent opportun...
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Defense Litigation Associate Attorney

New York, New York, United States

Wilson Elser's New York office is currently seeking a Defense Litigation Associate Attorney This is an excellent opportunity for lawyer...
Apply Now ›

RECORD ACCESS CORPORATION

06/18/2018
NYLJ Web

RECORD ACCESS CORPORATION is pleased to announce that
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MARIAN POLOVY, LAW OFFICE OF

06/11/2018
NYLJ Web

MARIAN POLOVY, LAW OFFICE OF is pleased to give thanks to founder of the firm
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STACEY LAWRENCE

06/11/2018
NJLJ Web

In Memoriam
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