The Legal Intelligencer | Commentary
By Stephen A. Miller and Andrew D. Linz | March 1, 2024
The U.S. Supreme Court is currently considering its most consequential challenge to "the administrative state" in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats.
Daily Business Review | Commentary
By Greg Payton | February 29, 2024
Networking—or "relationship building," as I prefer to call it—oftentimes is key to advancing one's career. Opportunities to connect with like-minded individuals, mentors and potential employers are invaluable to aspiring early-career professionals.
The Legal Intelligencer | Commentary
By Daniel E. Cummins | February 29, 2024
On Jan. 29, the Pennsylvania Supreme Court issued its long-awaited and much anticipated decision in the regular use exclusion case of Rush v. Erie Insurance Exchange, and, in doing so, seemed to signal a possible continuing movement away from its previous penchant for advancing plaintiffs' causes in personal injury matters and toward a more reasoned, moderate approach to civil litigation questions of law.
The Legal Intelligencer | Commentary
By Leah A. Tedford | February 29, 2024
This book is for anyone who writes legal documents. It focuses on litigation and offers many examples from litigation documents, but it also contains tips for transactional practitioners and other writers.
The Legal Intelligencer | Commentary
By Kevin P. Allen and Zachary L. Gross | February 29, 2024
A contracting party defending against a fraudulent inducement claim will frequently invoke two related, yet distinct, defenses: the gist of the action doctrine and the parol evidence rule. The three recent Third Circuit cases cited above illustrate the importance of knowing the differences between the two concepts and conducting the proper analysis of their potential applicability.
The Legal Intelligencer | Commentary
By Jeffrey F. Laffey | February 28, 2024
As a result of the court's ruling, defense attorneys will continue to be barred from introducing evidence of compliance with industry or government standards—not for lack of effort—and plaintiffs lawyers will be able to sharpen their arguments to focus on whether a product was defectively designed, without any fear of notions of "compliance" muddying the jury's focus at trial.
The Legal Intelligencer | Commentary
By Neil C. Schur, Dona Kahn and Jeffrey Glen | February 28, 2024
If you advise employees or employers subject to noncompetes, you need to be aware of these important developments, particularly if your clients conduct their business in multiple states.
The Legal Intelligencer | Commentary
By Rebecca Rosenberger Smolen and Amy Neifeld Shkedy | February 27, 2024
There are a number of prominent issues on the horizon for estate planners this year. In this article, we provide a brief overview of some of those issues, including the Corporate Transparency Act, rising interest rates, Pennsylvania recognition of irrevocable grantor trusts, pandemic-related probate delays and upcoming scheduled sunset of the historically large federal gift and estate tax exemption.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2024
Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
The Legal Intelligencer | Commentary
By Mark Hinderks | February 26, 2024
This issue is often framed as whether the client has a reasonable belief that the firm still represents it. In this case, the absence of work for the corporate client for a significant period of time weighs toward the former client, but the overall length and depth of the relationship (and extending beyond to the family of owners involved in the business) cuts the other way.
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