The Legal Intelligencer Blog

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 this morning is an Eastern District of Pennsylvania ruling that Internet service providers must disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie. As reporter Saranac Hale Spencer writes, with no 3rd U.S. Circuit Court of Appeals standard for balancing the right to anonymous speech against discovery, the court adopted a five-point test used by the 2nd Circuit.

Also above the fold on Page 1, reporter Zack Needles writes that records related to the safety of natural gas pipelines are not public, according to a ruling by the Commonwealth Court. A three-judge panel reversed a determination by the state Office of Open Records that had directed the Public Utility Commission to turn over records to a Wall Street Journal reporter.

Below the fold on Page 1, reporter Ben Present writes that a federal magistrate judge has tossed an injured man’s plea for punitives in an accident where he alleged the driver that hit him “looked at” his cellphone. The court held that looking at or using a cellphone while driving could not support a claim of “reckless indifference” or an “evil motive.”

In more Regional News on Page 3, reporter Jeff Mordock writes that a Delaware Supreme Court judge has approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008. Their partnership was not legally recognized in Delaware until the state’s civil union law went into effect earlier this year.

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, as Elizabeth F. Collura writes about leveraging document review work into a permanent position.

In a Business Law column on Page 7, Nevena Simidjiyska writes about practicing law in an international world, discussing the importance of U.S. export control compliance for clients.

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 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.)

Also inside today’s paper is the Litigation: Medical Malpractice supplement, so be sure to give that a read.

The top story in today’s packed Legal is the Lackawanna County guardian ad litem being sued in federal court, along with the Lackawanna County Common Pleas Court. As reporters Ben Present and Zack Needles write, a Lackawanna County man is alleging the family court’s guardian program deprived litigants of constitutional rights and that the court’s sole guardian, Danielle M. Ross, “thoroughly misunderstood and misapplied her role.”

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a bill of more than $360,000 that was to be recovered by defendants for e-discovery costs has been slashed by more than 90 percent by 3rd U.S. Circuit Court of Appeals Judge Thomas Vanaskie. The judge said that organizing electronic files cannot be considered part of the copying expense.

Below the fold on Page 1, reporters Gina Passarella and Shannon Green write that the Catholic Archdiocese of Philadelphia has placed its general counsel, Timothy Coyne, on administrative leave in what appears to be a continued effort to bring in new outside and in-house legal counsel. A source indicated that Coyne is not expected to return to the role, which is set to be filled in the interim by a Conrad O’Brien attorney.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that lawyers for the former Catholic archdiocese secretary of clergy, Monsignor William J. Lynn, have said that his Sixth Amendment right to effective assistance of counsel would be violated if the archdiocese is able to assert an independent attorney-client privilege.

In more Regional News on Page 3, Weil Gotshal & Manges has opened a four-lawyer office in Princeton, N.J., led by veteran litigator Diane Sullivan.

Also on Page 3, Gina Passarella writes that Lackawanna County businessman Louis DeNaples and members of his family will receive a break on some of the taxes from a $40.9 million settlement to take their land for the construction of a county highway.

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

In a Legal Marketing column on Page 5, Holly Lentz Kleeman writes about the search for meaning in marketing and business development.

In a column about the U.S. Supreme Court on Page 7, Stephen A. Miller and Diana Lin write that the justices are set to revisit affirmative action for universities.

Today’s lead story in PLW is a look at the Lackawanna County guardian ad litem, Danielle M. Ross, and the conflict that has arisen since she took the role in 2008. Zack Needles and Ben Present write that court records show several litigants have petitioned to have Ross removed from their cases.

Below the fold on Page 1, Ben Present writes that a split among the state Supreme Court justices let stand a Commonwealth Court ruling that gives workers’ compensation judges discretion in suspending benefits of workers who fail to attend a required physical examination after claiming workers’ compensation.

On Page 3, Amaris Elliott-Engel writes that a Philadelphia judge has held a lawyer-witness in contempt for making a comment to a juror while advocates in the case were engaged in a sidebar conference.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses state rules governing legal advertising; a commentary on Family Law by Christian V. Badali, in which he wonders whether the 9th Circuit’s decision in Perry v. Brown is a success or a setback for same-sex marriage; the Pennsylvania Attorney General’s office appealing a judge’s ARD grant; and a judge ruling that a police officer needs probable cause for a DUI stop.

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 this packed news day is the 3rd U.S. Circuit Court of Appeals rejecting ERISA benefits for plaintiffs in a class action brought against electronics giant Siemens. As reporter Amaris Elliott-Engel writes, Judge Morton I. Greenberg, writing for a unanimous panel, said in Shaver v. Siemens Corp. that Siemens is entitled to summary judgment because it did not violate ERISA by not providing “permanent job separation” pension benefits if the plaintiffs’ employment terminated because of job movement, product line relocation or location closedown.

Also above the fold on Page 1, reporter Gina Passarella writes that a Philadelphia jury has awarded $12.88 million to a 50-year-old woman for injuries suffered following a thyroidectomy. The woman suffered catastrophic brain injuries and is now comatose after she was given drugs that caused vomiting after her surgery, resulting in bleeding in her neck that cut off her airway.

Below the fold on Page 1, Gina Passarella writes that Montgomery McCracken Walker & Rhoads is set to significantly expand its New York office with the acquisition of two smaller firms this month.

Also below the fold on Page 1, Amaris Elliott-Engel writes that Willie F. Singletary has submitted his resignation as a Philadelphia Traffic Court judge. Singletary was suspended without pay Jan. 5 for allegedly showing a photograph of his genitals to a Philadelphia Parking Authority contractor.

In more Regional News on Page 3, Gina Passarella writes that the state Supreme Court has reversed a ruling that would have transferred around $700 million to the state MCARE Fund to pay for abatements of doctors’ annual assessments.

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 a Law Firm Management column on Page 5, Joel A. Rose writes about how to approach a law firm merger or acquisition, including a checklist of important things to keep in mind.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Harris A. Dainoff writes five tips for making the adjustment from law student to lawyer, focusing heavily on the importance of communication skills.

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 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 first in a series looking at law firm revenue trends and how firms can find growth in a no-growth market. As reporter Gina Passarella writes, Pennsylvania firms are lagging behind their national brethren in revenue growth in a post-recession market.

Below the fold on Page 1 is a story about litigator Diane Sullivan departing Dechert to take her practice to Weil Gotshal & Manges in New York. Reporter Zack Needles, along with Sara Randazzo of Legal affiliate The American Lawyer, writes that Sullivan decided to make the move after spending two years brushing off calls from Weil.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that Montgomery County Common Pleas Court’s new president judge believes that the lawyer-driven civil system is a reflection that attorneys should have responsibility for handling their cases. In a recent interview, Judge William J. Furber Jr. discussed a variety of topics regarding the Montgomery County system.

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 Appellate Law column, as Howard J. Bashman writes about the 3rd U.S. Circuit Court of Appeals’ negative views toward requests to exceed word limits on briefs.

Today’s Page 7 column is Technology Law, where Matthew P. Keris writes about reducing medical malpractice-related e-discovery issues and costs.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Zack Needles, who writes about a Luzerne County case in which an insurer was prejudiced by an insured’s failure to timely notify it that a phantom vehicle had been involved in an accident before filing a claim for uninsured motorist benefits.

Below the fold on Page 1, reporter Ben Present writes an analysis piece that takes a look at the redistricting lines for the upcoming primary. Following the recent decision, it appears likely that the 2001 lines will be used.

On Page 3, Ben Present writes that an addition to a house can be consider an “improvement,” and therefore invoke consumer protection law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses judicial officers using social media; Matthew Mangino’s Criminal Practice column in which he takes a look at cross-examination and inaccurate eyewitness identification; a government contracts article detailing a contractor unable to collect a seven-digit debt owed to it by the city’s redevelopment authority; and an error that forced a man to testify at his wife’s trial.

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 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 Pepper Hamilton hiring a nonlawyer CEO to run the firm. As reporter Gina Passarella writes, the firm made the rare move by hiring Scott Green, who has served as executive director of Wilmer Cutler Pickering Hale & Dorr since 2007. “We concluded that a management model that more closely resembles those of our clients would enable the lawyers at Pepper Hamilton to focus on providing legal services in the most effective way for our clients,” said Nina M. Gussack, chairwoman of Pepper Hamilton’s executive committee.

On the bottom of Page 1, reporter Amaris Elliott-Engel writes that Pennsylvania Gov. Tom Corbett has proposed a budget that would keep general-fund money allotted to the judiciary the same as last year, but cut funding for civil legal services by $274,000.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the 3rd U.S. Circuit Court of Appeals has ruled that a court system supervisor may face individual liability under the Family and Medical Leave Act, which allows employees to take 12 weeks of job-protected leave for medical reasons. The issue has split the circuit courts in previous decisions.

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 Employment Law column on Page 5, Sid Steinberg writes that a refusal to rescind a proposed resignation is not an adverse employment action.

As it is Wednesday, the weekly GC Mid-Atlantic column is in today’s paper on Page7, as Todd Alan Ewan writes about what employers need to know about medical marijuana in the case that it is allowed in Pennsylvania.

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 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 second supplement of 2012, Banking & Accounting, is also inside the pages of today's Legal, so be sure to check it out.

Today’s top story is the growth of Dechert’s revenue for the first time in four years. As reporter Gina Passarella writes, the firm bumped its revenue from $648.5 million in 2010 to $671 million last year. Dechert also saw growth in metrics such as revenue per lawyer, profits per equity partner and average compensation for all partners.

On the bottom of Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge M. Teresa Sarmina said the majority of “bad acts” evidence will be admitted in the priest abuse case. Sarmina ruled that all but six instances of priests who were reported to have committed sexual abuse or other improprieties can be admitted in the trial of Monsignor William Lynn, who allegedly endangered the welfare of two youths whom Lynn’s co-defendants are accused of sexually abusing.

In more Regional News on Page 3, reporter Zack Needles writes that recorders of deeds may not reject gas lease documents. The Commonwealth Court has ruled that counties’ recorders are required by statute to record all lease documents presented to them, in what attorneys said is a significant win for natural gas drillers.

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 William E. Harris writes about projecting wage growth and inflation in today’s economic climate.

In a Business of Law column on Page 7, Frank Michael D’Amore writes about the top areas where law firms differ from each other in the first article of a series he will write.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Zack Needles, who writes that a Northampton County trial judge has found that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case. “The Pennsylvania Supreme Court has held that punitive damages are an ‘extreme remedy,’ available in only the most exceptional matters,” said Northampton County Common Pleas Court Judge Leonard N. Zito.

On the bottom of Page 1, Amaris Elliott-Engel writes that the Republican-controlled state House of Representatives has moved to cap punitives in nursing home cases. The House passed a bill to cap punitive damages in lawsuits against personal care homes, assisted living communities, long-term care nursing facilities, home care agencies, home health care agencies and hospices at 200 percent of compensatory damages awarded in such lawsuits.

On Page 3, Gina Passarella writes that the 3rd U.S. Circuit Court of Appeals has ruled that a car accident caused by a box left on the road can generate uninsured motorist benefits.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses how a heavy dose of trial work can help a young lawyer; Matthew Weisberg’s commentary on the legal profession, in which he writes about attorney fees as consequential damages in legal malpractice actions; a criminal practice article in which the state Supreme Court has ruled that robbery was not needed as a predicate offense for a murder conviction; and the Commonwealth Court ruling that a Chester, Pa., ordinance making it illegal to loiter in “high drug activity” areas is too vague and unconstitutional.

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 on a packed news day is the state Supreme Court rejecting the request of drugmaker Bayer to exercise its jurisdiction over whether Pennsylvania is the most convenient forum for several drug products liability cases brought by out-of-state plaintiffs in Philadelphia Common Pleas Court. As reporter Amaris Elliott-Engel writes, the justices rejected the request without comment for nine cases in which the plaintiffs allege that taking Bayer’s Yaz or Yasmin birth control pills caused their injuries.

Also above the fold on Page 1, reporter Gina Passarella writes that online travel service Expedia Inc. does not have to pay Philadelphia hotel tax on the fees it charges users because it is not a hotel operator, as the Commonwealth Court ruled 5-2.

Below the fold on Page 1 is a story about K&L Gates continuing to expand geographically, this time merging with an Italian firm to open a new office in Milan. As Gina Passarella writes, the new firm will be the firm’s first in Italy.

Also below the fold on Page 1 is an analysis piece on whether Penn State’s general counsel was for university officials. As Shannon Green of Legal affiliate Corporate Counsel writes, the issue has come up recently because former Athletic Director Tim Curley and former Vice President of Business and Finance Gary Schultz believed Penn State GC Cynthia Baldwin was serving as their counsel when they testified in the Jerry Sandusky sex-abuse investigation on Jan. 12.

In more Regional News on Page 3, Gina Passarella writes that Allegheny County owes sex offenders nearly $325,000 in attorney fees after the group successfully challenged the enforceability of a local ordinance restricting the offenders’ residency.

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 a Professional Conduct column on Page 5, Ellen C. Brotman and Michael Hayes write about the dangers of jumping on the media bandwagon regarding the Penn State scandal.

On Page 7 today is a Bankruptcy Update from Francis J. Lawall and Michael J. Custer, in which the authors write that a Chapter 11 plan appeal is viable long after its effective date.

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.)

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 Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, the first edition of the new year. 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 a split in the state Supreme Court in an emotional distress suit from a woman whose doctor interpreted her ultrasound during pregnancy as normal but whose child was subsequently born with birth defects. The vote was split 3-3 in Toney v. Chester County Hospital and, as reporter Ben Present writes, “Without a seventh vote, the evenly divided Supreme Court let stand the opinion of a split en banc panel of the state Superior Court that one high court opinion in support of affirmance called ‘flawed.’”

On the bottom of Page 1, Michael A. Riccardi takes a look back at the past year for the state Supreme Court. It was a relatively quiet 2011, but there were a few big decisions, including the February decision in Gillard v. AIG Insurance Co., which made it clear that privilege is a “two-way street.”

Today’s Page 3 story comes from reporter Gina Passarella, who writes that a federal judge in Western Pennsylvania adopted a California test to determine if a party is owed attorney fees for a misappropriation of trade secrets claim that is made in bad faith. U.S. District Court Judge William L. Standish of the Western District of Pennsylvania said no case in the state had previously dealt with bad faith in this context.

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 Law Firm Management column comes from Joel A. Rose, who writes about personal goal-setting and the use of personal attorney business plans.

In this week’s Business of Law column, Frank Michael D’Amore takes a look at methods to drive revenue at your firm. As he writes, “Once assessed, revenue that fits a firm's business model is what makes it go.”

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW, written by reporter Ben Present, involves the plaintiffs finally winning a round when it comes to discovery of Facebook pages. The ledger had been leaning in the other direction after three decisions on the matter favored the defense. The most recent decision comes from a Philadelphia judge, who denied an insurance company’s request to probe a Facebook page in an injury case because the insurer had not identified any public information on the page that would trigger discovery.

Ben Present also wrote the story you’ll find on the bottom of Page 1 in this week’s PLW, taking a look at Dan Pellegrini’s new role leading the Commonwealth Court.

There is plenty more inside this week’s PLW, including reporter Gina Passarella writing that HIPAA doesn’t bar disclosure of nonparty medical records, Samuel C. Stretton’s weekly Ethics Forum and Jeff Jubelirer’s 10 public relations trends to watch for in 2012.

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.

Fee Awards: Have Judges Separated Themselves From Practice Realities?

By Anthony S. Volpe
Special to the Legal

There have been a number of recent decisions in which judges have granted fee awards, but have been critical of the number of attorneys that contributed to the matter under consideration or the hours expended in the representation.

I wholly agree that judges need to stand as gatekeepers and every victory should not immediately translate into a fee award. I also wholly agree that every fee awards should not immediately translate into a granting of the entire petition. My concern is with the amount and type of criticism some judges level on winning counsel.

Today's litigation, especially in high stakes, bet-the-ranch cases, has produced a landscape where the attorneys are always second-guessed and, more frequently, a loss or a lower-than-expected outcome results in a malpractice suit. This has the double irony that boards of director that require corporate legal officials to the use "name counsel," so they have the cover of hiring the "best," get counsel that is compelled to staff the case with multiple attorneys to provide input on every possible contingency in an effort to avoid a disfavored result. This is followed by a result that may or may not meet the client's expectation and a judicial fee petition decision that takes counsel to task for too much effort.

As I see it, today's practice has more twist and turns than ever, and the potential for today's client to be tomorrow's plaintiff has never been greater. Everyone wants to control cost, but a general counsel who makes the decision to pick the best counsel option and makes the hard calls to pursue only the claims or defenses that are likely winners is at risk of second-guessing and Monday morning quarterbacking.

I know that most judges are hard working and overworked; however, they still need to take the time to consider the pressures on litigation counsel. Every client wants the brightest lawyers on the matter, and in today's world, they come with a price.

All of this reminds me of something my father would say. As an Italian immigrant, he often would comment that he could, when he first came to this country, buy bread for 10 cents a loaf. To this, I would remind him that he only made a dollar a day at the time. This is applicable to the judges' analysis, the curve moved to the right and that need to be recognized. Hourly rates and the effort needed to litigate matters today have changed. The greater analysis needs to focus on whether the award is justified and, given the decision to award fees, more deference may be due counsel.

Anthony S. Volpe is a founding partner of Volpe & Koenig. He can be reached at TVolpe@volpe-koenig.com.