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 top story in today’s Legal is the state Superior Court reviving a $500 million malpractice claim against K&L Gates. As reporter Gina Passarella writes, K&L Gates and accounting firm Pascarella & Wiker are being sued for allegedly failing to detect fraudulent activity at the now bankrupt Le-Nature’s when they conducted an internal investigation years before the bankruptcy.

Also above the fold on Page 1, Gina Passarella writes that Cozen O’Connor is seeking to reopen a discontinued lawsuit filed against it by former Wolf Block lawyers.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear arguments in a case regarding whether attorney-client privilege protects clients’ identities from being made public.

In more Regional News on Page 3, reporter Jeff Mordock writes that Eckert Seamans Cherin & Mellott has added nine attorneys to its Wilmington, Del., office.

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 Professional Conduct column on Page 5, David B. Picker writes about a potential new duty to preserve pre-closing transaction documents.

In an Environmental Law column on Page 7, Thomas J. Farnan writes that a case regarding the definition of “mineral” could have a big impact on shale.

Today’s lead story in PLW is the state Supreme Court holding oral arguments last week in a case balancing the Coroner’s Act with the Right-to-Know Law. As reporter Ben Present writes, a media company was prohibited from immediately looking at a coroner’s autopsy reporter to find out the manner in which a Pennsylvania college student died and was appealing the issue.

Below the fold on Page 1, Ben Present writes that the Supreme Court will take up will-contest proceeds in a divorce case in a case of first impression.

On Page 3, Ben Present writes that the Supreme Court justices heard oral arguments regarding whether retirement packages block unemployment benefits.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that veteran lawyers often face more disciplinary action than younger ones; William F. Kerry Jr.’s Municipal Law commentary, in which he writes that the Pa. real estate tax structure presents dilemmas for municipal officials; and Jeff Jubelirer’s Public Relations commentary, in which he writes that PR should be done by your employees, not just outside assistants.

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 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 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 this morning is a look at Cozen O’Connor’s firm financials. As reporter Gina Passarella writes, the firm grew revenue 6 percent and profits per equity partner 8.3 percent in 2011, marking historic highs for the firm. The firm also saw its profit margin jump three percentage points to 33 percent.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge Sandra Mazer Moss said an appeal by Wyeth Pharmaceuticals of her decision not to dismiss digestive drug products liability claims against the drugmaker at the preliminary objections stage should be quashed.

In more Regional News on Page 3, reporter Jeff Mordock writes that the Delaware Chancery Court’s criticism of two separate chief executive offers in recent opinions represents a lesson that might be missed: the court’s willingness to let the shareholders determine a merger’s fate when no rival bidder emerges.

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 an Asset Management column on Page 5, Mark L. Silow writes about planning for some proposed changes in the tax code.

In a Bankruptcy Update on Page 7, Francis J. Lawall and Evelyn J. Meltzer write about arbitrating bankruptcy disputes, noting that unless they are pursued in a timely fashion, you run the risk of losing your rights.

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 (and Delaware!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page, U.S. Courthouse Correspondent Shannon P. Duffy has news that deals a legal setback to the Obama administration: "A federal judge in Harrisburg has struck down several provisions of the Affordable Care Act after concluding that the law's 'individual mandate' is an unconstitutional extension of Congress's authority under the Commerce Clause. 'The issue is whether Congress can invoke its Commerce Clause power to compel individuals to buy insurance as a condition of lawful citizenship or residency,' U.S. District Judge Christopher C. Conner wrote in his 53-page opinion in Goudy-Bachman v. United States."

Below the fold, reporter Amaris Elliott-Engel was there as the Supreme Court heard (televised) oral arguments in an historic setting in Old City Philadelphia yesterday. In the case she covered, a state Supreme Court justice characterized the drugmaker Wyeth as asserting that there is enough protection for persons harmed by prescription drugs in federal regulation of the release of drugs onto the market, and limiting plaintiffs to lawsuits for drugmakers' alleged failures to adequately warn of risks.

Today's Page 3 Regional News story is by reporter Zack Needles, who chronicles the growth of an area law firm: Philadelphia-based Zarwin Baum DeVito Kaplan Schaer Toddy has acquired four transactional lawyers from the Philadelphia office of Maryland-based Offit Kurman, saying increased work in that practice area over the last few months has necessitated the growth.

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

Today's contributed columns begin on Page 5 with an "Employment Law" column by Sid Steinberg of Post & Schell, who writes that as cases under the amended Americans with Disabilities Act begin to reach the courts, less emphasis will be placed on whether an employee is "disabled" and a greater emphasis will be placed on the questions of whether an employee is a "qualified individual" under the act and whether an employee could be reasonably accommodated.

Page 7 features our weekly "GC Mid-Atlantic" page, with an article from affiliate Corporate Counsel magazine, which profiles the new head of the Minority Corporate Counsel Association (MCCA), Joe West.

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that four Sussex County residents have filed a lawsuit accusing the county's legislative council of explicitly endorsing Christianity by beginning each meeting by reciting the "Our Father."

Jeff also reports that St. Paul Fire and Marine Insurance Co. has filed a lawsuit seeking to remove itself from the duty of defending or reimbursing the Beebe Medical Center in Lewes, Del., from civil lawsuits related to the crimes committed by former pediatrician Earl Bradley.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider.  As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at: @delbizcour.

Top stories there include the following:
- President Obama is set to overhaul the nation's patent system, but attorneys say it is too early to see how the law will affect business.
-  Plaintiffs filed yet another amended complaint in their derivative suit against News Corp., including new allegations against the company.
- Vice Chancellor Noble denies plaintiffs' request for interim attorney fees in the Novell shareholder dispute.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal (and DLW!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Delaware Day," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page, reporter Zack Needles updates his coverage of the Marcellus Shale play: "A new report by the U.S. Geological Survey regarding the amount of recoverable natural gas contained in the Marcellus Shale has garnered major press since the agency sent out its Aug. 23 press release detailing its findings, but Pennsylvania energy attorneys said the data is not necessarily as newsworthy as either pro- or anti-drilling factions have made it out to be." You can check out all of our previous Marcellus Shale play content by clicking here.

Below the fold, senior reporter Gina Passarella has an update on a business of law story. The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."

Today's Page 3 Regional News story is by reporter Amaris Elliott-Engel, who writes that the Commonwealth Court, sitting en banc, has ruled that the state-run fund that provides excess coverage in medical malpractice claims must pay for coverage in a case in which an allegedly negligent doctor's primary malpractice insurance policy converted from a claims-made policy to an occurrence-type policy.

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

Today's contributed columns are our "GC Mid-Atlantic" page, with a story from our affiliate, Corporate Counsel magazine, and a "Public Interest" column by Matthew J. Lambert of the Pennsylvania Immigration Resource Center. 

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that Robert Taishoff has resigned from his position as chairman of Widener University School of Law's Campaign Committee in protest of the university's suspension of controversial law professor Lawrence J. Connell. The resignation is seen as a major loss for the law school because Taishoff was one of its most active alumni and had donated millions to the university.

Jeff also reports that Connolly Bove Lodge & Hutz's Wilmington office has bolstered its intellectual property practice with the addition of partners Edward F. Behm Jr. and Thomas J. McWilliams.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Inside. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at @delbizcourt.

Top stories there include:
- The Delaware Supreme Court has reversed a Chancery Court decision, recasting the plaintiff's claim as a waiver dispute instead of breach of contract.
- The Delaware Superior Court has dismissed a fraud count against an investment group.
- The 3rd Circuit has upheld a district court decision to dismiss fraud claims for lack of scienter.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal (and Delaware!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page, U.S. Courthouse Correspondent Shannon P. Duffy has news that former state Sen. Vincent J. Fumo must be resentenced, the 3rd U.S. Circuit Court of Appeals has ruled, because the trial judge made a series of errors in the sentencing process and failed to explain precisely how he decided to reduce the recommended prison term under the guidelines to 55 months. Voting 2-1, the court found that Senior U.S. District Judge Ronald L. Buckwalter miscalculated the losses caused by Fumo’s massive fraud schemes in several ways and also failed to impose two key "enhancements" that would have increased the recommended sentence. 

Below the fold, Shannon also reports that an expert witness who testifies equally for plaintiffs and defendants cannot be compelled to disclose how much he earned from all his work as an expert in the past year, a federal judge in Harrisburg has ruled, because the information could not be used to prove bias.

Today's Page 3 story is by editorial intern Jen Zimmerman: When Max Baer, now a Pennsylvania Supreme Court justice, began serving on the Allegheny County Court of Common Pleas family division court bench in 1993, he had no background or education in child development or family dynamics, and he was "faced with decisions that were purely in [his] own discretion" regarding children's welfare, he said.

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

Today's contributed columns are our "GC Mid-Atlantic" page, with a story from our affiliate, Corporate Counsel magazine, and the first of two "Legal Marketing" articles by Gina F. Rubel on sorting out social media for lawyers.

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that a Delaware Bankruptcy Court judge has agreed to approve a $35.3 million settlement between two North American affiliates of a European technology firm and their former employees, who alleged that they were laid off without notice in violation of the Worker Adjustment and Retraining Notification Act, also known as the WARN Act.  

Jeff also reports that the Delaware Chancery Court refused to grant an injunction that would prevent the city of Wilmington from arresting registered sex offenders living in the Harriet Tubman Safe Houses. 

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider.  As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at @delbizcourt.

Top stories there include:
- Reversing a Chancery Court decision, the Delaware Supreme Court encouraged applying the "conceivability" test to determine if a complaint states enough facts for a claim to survive dismissal instead of using the "plausibility" test established by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly.

- The Delaware Supreme Court outlined multiple factors the Chancery Court must consider in applying laches instead of the three-year statute of limitations which typically governs contract disputes after ruling the lower court correctly applied the equitable defense in IAC/Interactivecorp v. O'Brien.

- The Chancery Court issued a declarative judgment for K&K so its business would not be held up by its dispute with Emerick Capital.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI  or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal

By Jaime Bochet 
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Topping today's front page, U.S. Courthouse Correspondent Shannon P. Duffy has a case from the Eastern District of Pennsylvania: In a significant victory for parents of children with autism, a federal judge has certified a class action suit against Cigna Corp. for refusing to cover two types of behavioral treatments on the grounds that they are "investigative or experimental."

Below the fold, reporter Amaris Elliott-Engel writes that a divided state Superior Court has ruled that health care providers can base their charges for providing hard copies of medical records on the maximum charges spelled out under state law.

Our Page 3 Regional News story today is by our Delaware reporter, Jeff Mordock, who writes: Several law professors throughout the country have blasted Widener University School of Law and Dean Linda J. Ammons after the school ordered a one-year suspension without pay and a psychiatric evaluation for university professor Lawrence J. Connell after a university panel cleared him of all but one of the charges levied against him by two former students. The school contends, however, that punishment was warranted in order to protect the students who filed the charges from possible retribution.

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.

The Legal's contributed columns begin on Page 5, with our "Young Lawyers" (YL) page, featuring a column by Molly Peckman of Dechert, who laments the death of the conversation at the hands of social media and technology.

Page 7 contains our monthly "Paralegals" page, which includes an article by Christine M. Flynn of Swartz Campbell, who writes that CLE plays a vital role in paralegals' professional growth.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal (and DLW)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page is a decision from the Eastern District of Pennsylvania by U.S. Courthouse Correspondent Shannon P. Duffy: In a pair of hefty opinions, a federal judge has certified class action antitrust claims against pharmaceutical giant GlaxoSmithKline, maker of the wildly popular antidepressant drug Wellbutrin XL, for allegedly using sham patent suits to delay generic versions of the drug from making their way to the market.

Also sharing top billing on the front, reporter Amaris Elliott-Engel writes that when former Philadelphia Housing Authority Chairman John F. Street said on a local news program that former PHA Executive Director Carl Greene "'lied about everything,'" Street did not defame Greene, a Philadelphia judge said earlier this month.

Below the fold, senior reporter Gina Passarella has news of Pittsburgh-based Thorp Reed opening an office in Wilmington, Del.

Today's Page 3 story is also by Amaris, who writes that a Philadelphia judge has ruled that a convicted murderer should get a new trial because one of two main witnesses against him said that he was pressured by a police detective to give false testimony as a child.

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

Today's contributed columns are "Immigration Law" by H. Ronald Klasko of Klasko Rulon Stock & Seltzer, and our weekly "GC Mid-Atlantic" page.

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that the controversy continues at Widener University School of Law: Several law professors throughout the country have blasted Widener Law and Dean Linda J. Ammons after the school ordered a one-year suspension without pay and a psychiatric evaluation for university professor Lawrence J. Connell after a university panel cleared him of all but one of the charges levied against him by two former students. 

Jeff also reports that the Delaware Attorney General's Office filed a motion in New York Supreme Court last week seeking to enjoin the proposed $8.5 billion settlement between Bank of America and Bank of New York Mellon, which could end their legal dispute over residential mortgage securitization trusts.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this weekly newsletter. You can also follow us on Twitter at @delbizcourt.

Top stories there include:
- A ruling in Delaware Chancery Court that fact witnesses, who are prohibited from receiving compensation for their testimony, may receive payment from a party who will benefit from their testimony, if they perform other services in relation to the case.

- A ruling from Chancellor Leo E. Strine Jr. that a member of an existing Delaware limited liability company can assign its entire interest, including voting rights, to another member and that the member who acquired the shares does not need to be readmitted with each additional interest it acquires, even if the LLC agreement requires consent of all the members upon the admission of a new member. 

- Vice Chancellor Donald F. Parsons Jr. set a late November trial date to decide a request by an affiliate of Starr International to inspect China MediaExpress Holdings' books and records under Section 220 of the Delaware General Corporation Law.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal (and DLW)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page is a 3rd Circuit decision by U.S. Courthouse Correspondent Shannon P. Duffy: On the heels of an about-face by the Justice Department, the 3rd Circuit ruled that the new, more lenient sentencing rules for crack cocaine must be applied retroactively so that every defendant sentenced after the law was passed will benefit. The issue of precisely who should benefit from the Fair Sentencing Act of 2010 is one that has splintered the circuits, but Tuesday’s decision is the first to be released since the government’s 180-degree turnabout.

Also sharing top billing on the front, senior staff reporter Gina Passarella covers the oral arguments in a case with local interest. A panel of Pennsylvania Superior Court judges appeared skeptical of defunct law firm Wolf Block's argument Tuesday that a former partner's claims for severance payments should be heard in confidential arbitration rather than in Philadelphia Common Pleas Court.

Today's Page 3 story is a "From the Chief" column by The Legal's Editor-in-Chief Hank Grezlak: "When I think of models for leadership, I don’t often think of lawyers. Too much second-guessing, too much timidity, too often a lemming-like mentality and a horrible fear to do anything new or that goes against conventional wisdom. However, in these tumultuous times, I actually think lawyers have a lot to offer in terms of helping us out of this political and financial mess."

As always, our People in the News section is on Page 2, as well as a Letter to the Editor regarding the CJD by Shira Goodman and Lynn Marks of Pennsylvanians for Modern Courts. The top stories from our sister publications across the country make up the Page 4 National News section.

Today's contributed columns are the "Bankruptcy Update" by Christopher M. Winter and Michael Lastowski of Duane Morris, and our weekly "GC Mid-Atlantic" page.

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes: "The 3rd U.S. Circuit Court of Appeals reversed a federal district judge's opinion and ruled that the Indian River School District's tradition of opening its board meetings with a Christian prayer is unconstitutional."

One do-not-miss trusts and estates article deals with a woman who attempted to adopt her adult ex-husband in an effort to increase her children's inheritance.

And finally, Jeff writes that a Delaware Superior Court judge has ruled that convicted murderer Steven Shelton should be removed from death row. The judge is set to resentence him later this fall on lesser charges connected to the crime after it was revealed the state's star witness against Shelton was tainted and may not have been competent to testify.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at @delbizcourt.

Top stories there include:

- A Q&A with Emilie R. Ninan, the managing partner for Ballad Spahr's Wilmington office.

- A ruling by Chancellor Leo E. Strine Jr. that a hedge fund breached its contractual obligations and fiduciary duties by not returning the $40 million seed money to its original investor, saying the money was not returned for the "selfish reason" of wanting to continue to collect management fees.

- A ruling by the Delaware Chancery Court stating that it does not have the personal jurisdiction to settle a dispute between two foreign companies, even if the entities' disagreement involves a venture incorporated in Delaware.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.

Fresh Ink: Inside Today's Legal (and DLW!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

The Marcellus Shale play receives top billing in today's paper. Zack Needles reports that environmental lawyers across Pennsylvania commended the 137-page report issued Friday by Gov. Tom Corbett's Marcellus Shale Advisory Commission, but said the document is merely a jumping-off point for what is likely to become a very complicated set of statewide issues.

Below the fold, Gina Passarella has a law firm story of note: Cozen O'Connor has brought suit against its landlord in Philadelphia Common Pleas Court in an effort to be released from the five-year lease obligation it began this year with 1900 Market GP because the landlord has failed to properly maintain the Class A building and refused to arbitrate the firm's complaints, according to the court filing.

Our Page 3 Regional News story is by Shannon P. Duffy, who writes that a court battle over alleged industrial espionage and corporate raiding between two major defense contractors has turned especially ugly, with allegations of evidence destruction that was so rampant, according to the plaintiff, that the only proper punishment is to enter a default judgment against the defendants.

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.

First up in our contributed columns today is the "GC Mid-Atlantic" page, which features an article from our affiliate, Corporate Counsel. James F. Haggerty wonders, was the pie-throwing attack on Rupert Murdoch a setup? Was it all just a publicity stunt designed to draw attention away from his testimony before the British parliamentary committee investigating the News of the World phone-hacking scandal? Of course not. But it certainly had that effect.

Next up is our "Intellectual Property" column by Anthony S. Volpe and Robert D. Leonard of Volpe & Koenig, who write that patent law is changing -- and staying the same. 

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

Jeff first writes that Maryland-based Offit Kurman is expanding its commercial litigation and bankruptcy practice by opening a Wilmington office and has tapped former Gibbons P.C. litigator William R. Firth III to lead it.

In on the law school front, a Widener University Law School panel has cleared law professor Larry Connell of charges that he made racist, sexist and violent comments in his law course, according to his lawyer. However, he was found to have violated the university's code against retaliation.

And finally, attorneys for convicted ax-murderer Robert W. Jackson III will take their two-pronged defense before the Delaware Supreme Court and the U.S. District Court today in an effort to prevent his scheduled execution on July 29.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at: http://twitter.com/delbizcourt.

Top stories there include:

- The News of the World phone hacking scandal has spawned a second derivative suit against its parent company, News Corp., in the Court of Chancery by a shareholder alleging the paper's misdeeds have negatively impacted the company's value; 

- The Delaware Supreme Court clarified the rules regarding the preservation of electronic discovery and opined that the Court of Chancery did not abuse its discretion when it held a defendant in contempt for spoiling material;

- The Court of Chancery has ruled that clear language in an agreement between a company and one of its directors regarding the interim review of attorney fees when the director is sued as a result of their corporate role can trump the standard procedure for reviewing fees established by the court in its 2008 case, Duthie v. CorSolutions Medical Inc.; and

- Private equity firms often own or control portfolio companies today. As part of efforts to maximize the value of its portfolio, a PE firm may well exercise certain control over a subsidiary portfolio company to reduce unnecessary costs and increase profit margin. Cost-cutting measures could include a reduction in workforce in certain segments of a business.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.