The Legal Intelligencer Blog

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.

Duane Morris Adds Sports Lawyer as Special Counsel

By Zack Needles
Of the Legal Staff

Philadelphia-based Duane Morris has added sports and entertainment attorney Kenneth L. Shropshire as special counsel in its corporate practice group.

Shropshire, a legal studies and business ethics professor at the University of Pennsylvania’s Wharton School of Business, also leads the school’s Wharton Sports Business Initiative.

According to a Duane Morris press release, Shropshire has served as an arbitrator in employment and eligibility disputes for clients including the National Football League Players Association and USA Track & Field. He has also served as a consultant to the NFL, the National Collegiate Athletic Association, Major League Baseball and the U.S. Olympic Committee.

At Duane Morris, Shropshire, a board member and former president of the Sports Lawyers Association, will serve sports industry clients and take an active role in the firm’s sports, entertainment and new media group, the press release said.

The Legal's Top 10 Lateral Hires of 2011

By Ben Seal
Of the Legal Staff

Each year, we at The Legal take a look back at all the lateral moves we reported in Pennsylvania in an effort to determine the 10 most important lateral hires of the previous year. Complete profiles of the top laterals and details about each move will be included in our “Top Lateral Hires of 2011” supplement, scheduled to be published in The Legal on Tuesday, Feb. 21.

To come up with a definitive Top 10 moves, we take into account the effect the departure had on the former firm, the impact the lateral addition represented for the new firm and the buzz around the market when the move took place. This list is compiled with the help and insight of those in the industry and the historical background from our own archives of all members involved.

In the end, all lateral moves from the past year are narrowed down into the 10 lateral moves that made the biggest waves. Following, in no particular order, are the names of the 10 Pennsylvania attorneys or groups of attorneys who have been selected to that list:

- Ken Komoroski and his group to Fulbright & Jaworski
- Marie Milie Jones and Dean Passodelis to their own firm, JonesPassodelis
- Jon Petrakis and his group to Duane Morris
- Slade McLaughlin and Paul Lauricella to their own firm, McLaughlin & Lauricella
- Wayne Streibich and his group to Blank Rome
- David Denious to Drinker Biddle & Reath
- Amy Pandit to Morgan Lewis & Bockius
- Bruce Rudoy and Steve Silverman leading a group to Babst Calland
- David Cohen and his group to Reed Smith
- Joseph Condo and Vincent Roccia leading a group to their own firm, Condo Roccia

Following is a list of honorable mentions, in no particular order:

- Patrick Murphy to Fox Rothschild
- Philip Yannella to Ballard Spahr
- Matt D’Annunzio to Klehr Harrison Harvey Branzburg
- Stephen Stallings to Burns White
- Ronald Sarachan to Drinker Biddle
- Ivan DeVoren to Burleson
- David J. Brooman and his group to their own firm, Brooman Buzzell & Garber
- Ed Rendell to Ballard Spahr

Look for complete information on all the top laterals in the supplement on Feb. 21.

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.)

Today’s top story is drugmaker Pfizer seeking to consolidate almost 50 cases that have been removed to the U.S. District Court for the Eastern District of Pennsylvania into one multidistrict litigation. As reporter Amaris Elliott-Engel writes, Pfizer counsel filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to consolidate 59 cases filed in Pennsylvania, New York, Illinois, Mississippi, Missouri and Ohio for pretrial proceedings. The plaintiffs allege that the drug Zoloft caused birth defects in children when taken during pregnancy, according to court papers.

On the bottom of Page 1 today, reporter Zack Needles writes that a Philadelphia Common Pleas Court judge has granted summary judgment to a Philadelphia lawyer who claimed a fellow plaintiffs attorney owed him more than $550,000 in referral fees for a personal injury case that settled for $4.5 million.

Today’s Page 3 story, written by Amaris Elliott-Engel, involves Judge David C. Shuter ruling that landlords must secure licenses from a city agency before they can collect back rent. Shuter wrote in a Dec. 14 Philadelphia Common Pleas Court opinion in Goldstein v. Weiner that no landlord may collect rent unless a valid license has been issues by the Department of Licenses and Inspections.

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 today’s Workers’ Comp Update, contributor Christian Petrucci writes that the offset of Social Security benefits has been ruled constitutional by the Commonwealth Court in last month’s case of White v. Workers’ Compensation Appeals Board (City of Pittsburgh).

In an Asset Management column on Page 7, contributor Mark L. Silow writes about the effects of the new Philadelphia Business Privilege Tax legislation, which directs the Philadelphia Department of Revenue to implement a single sales factor method for the apportionment of net income, among other things.

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.