The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The first supplement of 2012, E-Discovery, is also inside the pages of today's Legal, including articles on social media, cloud computing and cost-shifting, so be sure to check it out.

Today’s top story is the expected ruling on the “bad acts” evidence in the Catholic Archdiocese priest sex-abuse case. As reporter Amaris Elliott-Engel writes, Philadelphia Common Pleas Court Judge M. Teresa Sarmina said at the close of Monday’s hearing that she will rule by Feb. 6 on whether evidence of prior bad acts can be admitted into the trial of Monsignor William Lynn on the charges that he endangered the welfare of two young men who were allegedly abused by priests Lynn oversaw.

Also above the fold on Page 1, reporter Ben Present writes that observers are wondering what will come next as they await the opinion on redistricting after the state Supreme Court rejected the state Legislative Reapportionment Commission’s new House and Senate maps.

On the bottom of Page 1, reporter Zack Needles writes that lawyers think Western Pennsylvania could become a global energy power, far outlasting the life span of the Marcellus and Utica shale plays.

In more Regional News on Page 3, reporter Gina Passarella writes that the 3rd U.S. Circuit Court of Appeals upheld a $3 million verdict in an age discrimination case.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

On Page 5 is today’s Litigation column, as Charles F. Forer writes about when it is possible to seek to vacate an arbitration award.

In this week’s Asset Management column, David B. Bruckman and Aland Mandeloff write about the changing face of long-term care insurance policies.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Ben Present, who writes that Facebook has become a significant factor for family law cases in the state. Family law practitioners say that it’s becoming a rarity for a case to get through family court without use of the online social network coming into play.

On the bottom of Page 1, Gina Passarella writes that e-mails on government computers aren’t necessarily public records under the state’s Right-to-Know Law, as a divided Commonwealth Court ruled in an apparent case of first impression.

On Page 3, Ben Present has a family law story in which a child’s statements recorded on DVD were ruled hearsay for a variety of reasons. On the bottom of the page, Zack Needles writes about a case in which the state Superior Court ruled an oil and gas lease valid despite vagueness.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he tackles lawyers taking multiple solicitorships in a county; Sam Pond’s commentary on workers’ compensation, in which he writes that proposed reforms could harm claimants; a motor vehicles case in which a woman’s license was not suspended because of parental liability; and a judge refusing to award fees and expenses to defense for a Texas deposition after the attorneys declined to use videoconferencing, instead choosing to travel.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Rocking Reputation-Building Techniques for 2012

By Kimberly Alford Rice
Special to the Legal

As a practicing lawyer, there is nothing more important than building and sustaining a stellar reputation.

Below are a few proactive steps you can take that are as important as building a solid reputation among your various constituents (clients, professional contacts, key influencers, prospects, etc.).

Focus on beginning 2012 with a few simple steps you can integrate into your daily practice which will yield long-term benefits of developing a solid reputation as a formidable expert in your chosen area of practice:

• Keep your bio (print and online) up to date and include recent achievements. Presumably, you are an overachiever, so the professional accolades are not far behind. Join a professional group, navigate into a leadership position within a trade or other business-related organization or take a high-profile role on your firm’s charitable planning committee. Document these activities on your bio.

• Jump into social network marketing by becoming actively involved in LinkedIn groups which align with your practice focus. Browse through the group listings to discern which business and legal-oriented groups would position you well in front of key targeted audiences. The key here is to become active in these groups to demonstrate your leadership skills and areas of expertise. Actively seek connections within the groups to grow your network and reputation.

• Become a go-to person known for something specific … whether it’s an area of law, a chosen cause, or business topic … this is all part of creating and building upon your unique personal brand.

• Author articles and blog posts around a topic of particular interest and find a publication (print or online) to publish it. This lends third-party credibility to your writing and may be re-purposed many times over. It only takes scant online research to find a home for your writing and it’s well worth the effort to reputation-building efforts.

• Reach out to appropriate media to cultivate relationships and provide expert commentary. Building a strong reputation in the press can be a highly valuable exercise for business development purposes. Research who covers topics in your area of legal practice (sometimes it’s the reporter who covers “legal” at a business publication) and offer relevant insights which may be helpful in future articles. Reporters are always scrambling to find reliable sources and often give preferential consideration to those who help them out.

Make 2012 a successful year in advancing your personal brand and professional reputation by taking thoughtful steps to enhancing your credibility in ways which reflect positively on you. You’ll find that this is a cornerstone for professional development for the years ahead.

Kimberly Alford Rice is principal of KLA Marketing Associates, a business development advisory firm focusing on legal services. As a legal marketing authority, she helps law firms and lawyers develop practical business development and marketing strategies which lead directly to new clients and increased revenues. Additionally, she provides career management services to lawyers in transition. She can be reached at 609-458-0415 or via e-mail at kimberly@klamarketing.net.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story today is the largest firm in Cincinnati, Dinsmore & Shohl, opening an office in the Philadelphia suburb of Wayne, Pa. As reporter Zack Needles writes, five lawyers from Pittsburgh-based Burns White’s Philadelphia-area and New Jersey offices will join the new office, including former practice group head Richard A. O’Halloran, who will be the office’s managing partner.

On the bottom of Page 1 today, reporter Gina Passarella has a story about how an unusual management setup has helped to spawn growth at Dechert. The firm’s chairman, Andrew J. Levander, splits his time between acting as one of the firm’s biggest rainmakers and focusing on bringing in high-level lateral partners across the firm’s global offices, a dual role that most consultants would say is a mistake.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that the 3rd U.S. Circuit Court of Appeals ruled last week that a Pennsylvania law mandating that steel used in public works projects be made in the United States is not pre-empted by federal law, nor is it unconstitutional.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

Today’s Page 5 column is Commercial Litigation, where Jeffrey G. Weil and Maryteresa Soltis write about the Philadelphia Commerce Court’s recent issuing of an opinion declaring the business judgment rule alive and well for corporate boards in Pennsylvania.

Today’s Intellectual Property column is on Page 7, as Mark T. Vogelbacker writes about the fundamentals of European design patent protection.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story today is a debate regarding privilege-waiver issues in the Catholic Archdiocese abuse case. As reporter Amaris Elliott-Engel writes, attorneys for the archdiocese say it may assert attorney-client privilege that can’t be waived even if its former personnel director – who is accused of endangering the welfare of children by not taking proper action to protect them from sexually abusive priests – waives his own privilege.

Also above the fold on Page 1, Amaris Elliott-Engel writes about the latest legal salvo between Pennsylvania Chief Justice Ronald D. Castille and federal capital case defenders. Castille said in an opinion last week that Defender Billy H. Nolas has created “state-federal gridlock” in a Philadelphia murder case by telling the trial court that his client’s federal appeals pending in the 3rd U.S. Circuit Court of Appeals were being paused to allow state-court proceedings to go forward.

On the bottom of Page 1 today, reporter Zack Needles writes that a man injured in a drywall accident has settled for $5.75 million with the subcontractor whose employee allegedly dropped the drywall.

In more Regional News on Page 3, a Cherry Hill, N.J., firm is suing a former whistleblower client for a share of an award the client received after she revoked the firm’s power of attorney.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s Employment Law column on Page 5, Vianei Lopez Robinson of Legal affiliate Texas Lawyer writes about some fixes that companies should make this year, including updating the company’s social media policy.

In a Criminal Practice column on Page 7, Richard Q. Hark writes about some recent changes to Megan’s Law that will add challenges for juvenile offenders attempting to rehabilitate themselves.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story on a big news day is the state Supreme Court rejecting the Legislative Reapportionment Commission’s recently approved House and Senate redistricting plan, remanding the redistricting effort to the commission in an unprecedented move. As reporter Ben Present writes, the existing districts from a 2001 plan will remain in effect until a revised plan “having the force of law” is approved, the 4-3 court said in a per curium order.

Former Philadelphia prosecutor Dan McCaffery is dropping out of the race for Pennsylvania attorney general, in what he described as an attempt to unify the Democratic Party and give it a chance to unseat the GOP from its longstanding stronghold. As Ben Present writes, a McCaffery spokesperson said the attorney would not be endorsing either of the two remaining Democratic candidates.

Below the fold on Page 1 today, former Microsoft associate general counsel Paul Lancaster Adams has returned to Philadelphia to head the relatively new Philadelphia office of labor and employment boutique Ogletree Deakins Nash Smoak & Stewart. Reporter Gina Passarella writes that that former Montgomery McCracken Walker & Rhoads partner spent more than three years in-house with Microsoft.

In more Regional News on Page 3, reporter Zack Needles writes that the state Supreme Court has ruled that the Philadelphia Parking Authority is not a unique state agency exempt from having to make regulations in accordance with the Commonwealth Documents Law. The ruling comes after five years of litigation.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

As it is Thursday, this week’s Young Lawyer column is on Page 5, and it takes a look at the ways in which the lack of family-friendly firm policies are having a ripple effect, especially on young female lawyers who are more likely to take time away from work for family matters.

On Page 7 today is the Paralegals Page, as Maryanne Ebner writes that strategic planning can help you achieve personal goals.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Reporter’s Notebook: Same Evidence, Very Different Theories in Phila. Church Sex-Abuse Case

By Amaris Elliott-Engel
Of the Legal Staff

In the view of prosecutors, the Catholic Archdiocese of Philadelphia treated the therapy of priests who allegedly committed sexual abuse as a means of managing public relations, not as a means of protecting children.

In the view of defense counsel, the Philadelphia District Attorney’s Office wants to “hang the sins of society” onto the shoulders of one high-ranking church official.

Recounting almost 30 instances, prosecutors have been telling Philadelphia Common Pleas Court Judge M. Teresa Sarmina about the allegations of outright sexual abuse and other sexual improprieties made to the Catholic Archdiocese of Philadelphia about priests ministering in the archdiocese. That information is all part of a decision that Sarmina must make about how many details of those alleged instances should be shared with a jury in the second Philadelphia investigation into sex abuse by Catholic clergy.

Today concluded the third day of a hearing on whether any evidence of prior “bad acts,” or evidence of any other alleged wrongs than those with which a former personnel director for priests is charged with, can be admitted at a trial later this winter of the former archdiocesan secretary of clergy. Monsignor William Lynn, charged with endangering the welfare of youth allegedly abused by priests, is slated to be tried along with co-defendant priests charged with actually committing the abuse. Under Pennsylvania law, the probative value of the evidence must outweigh its potential for prejudicing the defendants.

The same evidence was used to support sharply contrasting arguments.

Prosecutor Mariana Sorensen said that it was archdiocesan policy to just reassign priests when allegations of abuse or other improprieties were made – unless a complaint had also been made to law enforcement.

As secretary of clergy supervising 800 priests, including when dealing with complaints of sexual abuse, Lynn, Sorensen argued, had to have been well aware of the likelihood that people diagnosed with disorders of attraction to children and older youth under the age of consent would repeat their behavior.

“It’s not what Lynn did,” Sorensen said. “It’s what he knew was the danger by continuing to follow that policy.”

One of Lynn’s lawyers, Jeffrey M. Lindy of Lindy & Tauber, said that prosecutors want to hang the sins of society on his client. The widespread reality of sexual abuse of children is being exposed more and more, as evidenced by the sexual abuse scandals at Penn State University and Syracuse University, Lindy said. Later, Lindy complained that, with the way that prosecutors were compiling the allegations against Lynn for inaction or inappropriate action, there was no way for Lynn to win. The implication is that he was acting through “malice,” Lindy said.

Sorensen countered that, just as in Penn State and as reports were passed up the church hierarchy, Lynn should have taken action to share those reports with law enforcement.

Amaris Elliott-Engel can be contacted at 215-557-2354 or aelliott-engel@alm.com. Follow her on Twitter @AmarisTLI.

Fresh Ink: Inside Today's Legal

Welcome to your Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is the increasing trend of Philadelphia firms adding groups in other cities as lateral movement in the city remains stagnant. As reporter Gina Passarella writes, the most recent big move was Ballard Spahr adding four Atlanta-based partners from Schiff Hardin and an of counsel from Atlanta-based Miller & Martin. But Ballard isn’t alone, as the saturated Philadelphia market is leading firms to look elsewhere to expand.

Also on Page 1 today, reporter Zack Needles writes that Boeing Co. has agreed to pay nearly $4.4 million to settle a Federal False Claims Act whistleblower lawsuit in which the company was alleged to have submitted inflated bills to the U.S. government for work related to the Chinook Helicopter program performed at Boeing’s plant in Ridley Park, Pa. There is an approval hearing for the settlement, made official on Dec. 23, 2011, set for Feb. 27.

In other Regional News on Page 3, the 3rd U.S. Circuit Court of Appeals has ruled that courts may appoint a substitute arbitrator when the one designated in a contract clause is not able to hear the case. The report comes from David Gialanella, a reporter for Legal affiliate New Jersey Law Journal.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section, including New Jersey Gov. Chris Christie tapping a pair of diverse nominees for New Jersey Supreme Court.

As it is Wednesday, the weekly GC Mid-Atlantic column is in today’s paper on Page 5, and it covers a niche firm that specializes in representation for colleges without their own counsel. Reporter Shannon Green, of Legal affiliate Corporate Counsel, writes that the National Center for Higher Education Risk Management is capitalizing on the growing trend of outsourcing legal functions.

On Page 7, the Editorial Board writes that merit selection is the answer for Pennsylvania’s appellate courts.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Accepting Nominations for Pro Bono 'Unsung Heroes'

By Ben Seal
Of the Legal Staff

As you may know, we at The Legal Intelligencer are putting together our upcoming Pro Bono supplement. A big part of that is our “Unsung Heroes” section, in which we spotlight some of the great work being done by those who deserve some special recognition.

We would like each firm to nominate either one person or one group of persons for work done in the last two years (Jan. 1, 2010 to Dec. 31, 2011). Please highlight one matter or area of work that helped define the person’s or group’s contributions. There is no formal nomination form, but we will need the names of those involved, the case or issue at hand and a short summary of the work that was done. Please limit the summary to 300 words or less.

For example, the nomination could be for Bill Smith of Smith & Smith, who worked on the pro bono case of X v. Y, which settled on Feb. 15, 2011, followed by the summary. If a group is being nominated, each person’s name should be listed.

Please submit your nomination, along with a photo of the nominee(s), by close of business this Friday, Jan. 27. The editorial staff of The Legal will evaluate each nomination and select those to be named to the list of Unsung Heroes. The list will be published in the supplement on Tuesday, March 13.

Submit nominations to me at BSeal@alm.com. If you have any questions, please e-mail me or call me at 215-557-2368.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is the Pennsylvania Supreme Court hearing redistricting arguments on Monday, as the justices heard appeals to the state Legislative Reapportionment Commission’s final decision on new districts for the House and Senate. As reporter Ben Present writes, Justice Joan Orie Melvin, who reportedly received a target letter from an investigating grand jury recently, remained on the bench for the arguments. The most substantial arguments came from an attorney representing a band of citizens led by an Allentown piano teacher, along with the lawyer for Senate Minority Leader Jay Costa, D-Allegheny, the lone objector on the five-member commission.

Also on Page 1 today, reporter Amaris Elliott-Engel writes that a court hearing Monday in the Philadelphia grand jury investigation into alleged sexual abuse by priests was held over whether any evidence of prior “bad acts” can be admitted at trial. The Philadelphia District Attorney’s Office has charged the priest’s supervisor, former personnel director for the Catholic Archdiocese Monsignor William Lynn, with two counts of endangering the welfare of a child for allegedly failing to move two accused sexual offenders to new assignments.

Today’s Regional News continues on Page 3, as reporter Gina Passarella writes that the Commonwealth Court has ruled that workers’ compensation judges have no vested rights in pay increases, finding that Pennsylvania’s WCJs had no recourse to collect on a rescinded raise.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

On Page 5 is today’s Legal Marketing column, in which Stacy West Clark writes about marketing items your firm should have on its priority list, beginning with deciding on a plan.

In a look at the U.S. Supreme Court, Stephen A. Miller writes on Page 7 about the case of United States v. Jones, in which a narcotics defendant challenged the admission of evidence at his trial obtained from a GPS device installed on his car without his knowledge or a warrant.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Ben Present, who writes that the Penn State scandal highlights the statute of limitations debate that continues to carry on.

On the bottom of Page 1, Ben Present writes that a Clearfield County judge has granted the motion of a corporate methadone clinic and its doctors to file an interlocutory appeal, stemming from claims by the estate of two third-party women who were killed by one of the clinic’s patients in a car crash.

On Page 3, reporter Zack Needles writes an open records story, as the Commonwealth Court has ruled that e-mails sent between borough council members are public record and therefore subject to public disclosure under the state’s Right-to-Know Law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he tackles whether lawyers can accept work product from law students; Brandon Swartz’s Medical Malpractice column, which takes a look at diagnostic testing technologies; Jeff Jubelirer’s Public Relations commentary; and articles about state police being denied immunity after allegations of beating a prisoner and a Philadelphia judge removing trustees from two trusts worth $27.9 million.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is Jeffrey B. Rotwitt seeking a subpoena of the consulting firm that reviewed the family court project after it turned into a controversy, reporter Amaris Elliott-Engel writes. Rotwitt, former counsel in the family courthouse deal, has proposed to subpoena Chadwick Associates to produce documents for discovery, according to court papers, a proposal to which the First Judicial District has objected.

On the bottom of Page 1 this morning, reporter Gina Passarella writes that the salaries for assistant district attorneys and county detectives cannot be charged to a convicted defendant, the state Supreme Court has ruled. The ruling came in the case of brothers and funeral home directors Louis and Gerald Garzone related to their trial for illegally harvesting and selling body parts.

Our Page 3 Regional News story, written by reporter Ben Present, is the Commonwealth Court ruling that about 200 paramedics are firefighters under Pennsylvania’s Act 111 and should therefore be included as part of a collective bargaining dispute. The majority of a three-judge panel ruled that the definition of a firefighter should not be limited to directing water to flame.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

This week’s Public Interest page has articles by Reginald T. Shuford, on curing America’s mass incarceration addiction, and Karen C. Buck, on the dangerous impact of proposed voter ID laws.

Today’s Health Care Law column is on Page 7, as Vasilios J. Kalogredis and Karilynn Bayus write about the U.S. Court of Appeals for the D.C. Circuit allowing a Medicare challenge to proceed in federal court.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.