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.)

Today’s top story comes from PLW, as reporters Ben Present and Zack Needles write about questions looming over the Lackawanna County Family Court guardian ad litem program. A review of family court records by the reporters reveals that the court contracted one person to act as guardian ad litem an average of 88 cases per year between 2009 and 2011. This came after there were no such appointments in 2007 or 2008. There will be more on this story in subsequent issues of The Legal and PLW, so stay tuned.

Below the fold on Page 1, Ben Present writes that a trial court may not refuse to award contractual interest to a prevailing party if the agreement provides for a specific amount. The state Supreme Court reversed a split panel of the Superior Court in TruServ Corp. v. Morgan’s Tool and Supply Co.

On Page 3, reporter Amaris Elliott-Engel writes in an allocatur story that the state Supreme Court is going to consider if health care providers or their records-producing proxies must disclose their actual and reasonable costs of producing charts and records.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses a county president judge interfering with a district judge’s constitutional rights; Brandon Swartz’s Personal Injury column on diagnostic testing and bone scans; a $2.6 million medical malpractice verdict heading back to trial court after a second appeal; and Shelly Pagac and Jennifer Russell’s commentary on Employment Law and English-only rules in the workplace.

The lead story in today’s Legal is a look at profit margins and how they relate to a firm’s fiscal health. As reporter Gina Passarella writes, the profitability of firms has become an increasingly important issue. Of the 10 Pennsylvania-based firms that have reported financials so far this year, profit margins range from 22 percent to 44 percent.

Also above the fold on Page 1, Zack Needles writes that a federal judge has preliminarily approved the $17.75 million settlement of the “kids-for-cash” lawsuit. Robert K. Mericle, the builder of two juvenile detention centers who allegedly paid millions in “finder’s fees” to former Luzerne County Judges Michael T. Conahan and Mark A. Ciavarella Jr., agreed to the settlement in December in a civil suit brought by a class of juvenile plaintiffs.

Below the fold on Page 1, Amaris Elliott-Engel writes that a Lehigh County judge has upheld a $23.1 million award in a medical malpractice case in which a woman had both of her legs and a finger amputated because of an infection that went septic and gangrenous.

In more Regional News on Page 3, Hank Grezlak has a From the Chief column in which he asks when men are going to put an end to the boys’ club and stop the misogyny that has become all too common.

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.

On Page 5 today is Peter F. Vaira’s look at the Eastern District, as he writes about the use and misuse of depositions in a conversation with Dennis R. Suplee, an expert in depositions from Schnader Harrison Segal & Lewis.

In a Business of Law column on Page 7, Frank Michael D’Amore writes the second in a series about the top areas where law firms differ, including their willingness to embrace change.

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

By Jaime Bochet
Of the Legal Staff

Today is a little bit different here at The Legal Intelligencer, and your paper looks a bit different too. This won't be your usual round-up of news stories, because today's coverage is devoted almost entirely to commemorating the 10th anniversary of the Sept. 11, 2001 attacks.

The main feature of our coverage is a compilation of first-hand accounts sent in by you, our readers, about where you were and what you remember about that day. You can read the stories that were selected to be included in the printed edition here.

But because the response was so overwhelming, we couldn't possibly fit them all into the printed paper. However, in the intrest of letting every voice be heard, we created a special Online Only section, "Remembering Sept. 11," where we could fit them all. They've been broken down into a four-part series, which contains all the stories that did not go into the printed paper, and in no particular order.

Also included in the Online Only section are the stories that appeared in The Legal in 2002 on the first anniversary of Sept. 11, as a way to compare the response then and now. They include more readers' "where were you" stories, an article about the changes to the INS in a post-Sept. 11 world, and a piece on how firms were coping with balancing business and rememberance.

Additionally, on the front page of today's paper, Editor-in-Chief Hank Grezlak has a special  "From the Chief" column with his thoughts on the 10th anniversary of Sept. 11. You can read his article here.

We know that there has been (and will continue to be) a huge amount of Sept. 11-related coverage in the media this week, but we felt the need to commemorate this very significant anniversary in our own way. If you have questions or comments about today's coverage, or any of our usual content, e-mail me or Hank directly.

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.

Getting to Know Us: Meet the Copy Desk!

By Jaime Bochet
Of the Legal Staff

This is the second in a three-part series of blog posts intended to introduce you to the Legal's editorial team. Today's post focuses on our editors, or as they're collectively known in journalism-speak, the copy desk.

Jeremy Barker is our Associate Editor. In addition to editing all of the articles that appear in the paper each day, Jeremy manages all the contributed columns for the Legal and selects the stories from our other sister publications that appear on the National News page.
Jeremy joined the company in 2007. Previously, he was the associate editor with The Review newspaper in Philadelphia. He has both his bachelor's and master's degrees from Temple University.
If you're interested in finding out how to submit an article to the paper or have questions about any of our contributed content, contact Jeremy at Jbarker@alm.com or 215-557-2488. Follow him on Twitter at @JeremyBarkerTLI.

 

Stephanie Baum, our Night Editor, assists Jeremy in editing the articles for each day's paper. Additionally, she is in charge of our page 2 People in the News section, gathering and editing information from press releases to compose the page's contents each day. She also writes short news stories for the Delaware Law Weekly.
Stephanie is our newest staff member, having joined the Legal in 2010. Prior to that, she was a reporter with Dow Jones' publication, Financial News, in New York. She received her B.A. in English from Franklin & Marshall College.
Any information about speaking engagements, appointments or elections, promotions, etc., that you'd like submitted for People in the News should be sent to her attention. She can be contacted at Sbaum@alm.com or 215-557-2483, or follow her on Twitter at @SBaumTLI.

 

Michael Riccardi, our Managing Editor, has held a variety of positions since joining the staff in 1994 as a reporter. In 2002, he became news editor of Pennsylvania Law Weekly, and in 2008 was promoted to managing editor of the Legal and our Delaware publications.
One of the only attorneys on our staff, Michael has his J.D. from Villanova University School of Law and practiced law in Bucks County before joining the Legal.
If you have questions or comments specifically about the Delaware publications or the Legal's coverage in general, you can contact Michael at Mriccardi@alm.com or 215-557-2319. Follow him on Twitter at @MRiccardiTLI.

 Jeremy, Stephanie and Michael oversee the day-to-day duties of the layout and editing of all the articles that go into the Legal, Pennsylvania Law Weekly section, Delaware Law Weekly and Delaware Business Court Insider, our newest weekly newsletter. They meet daily with the editor-in-chef, Hank Grezlak (who you can meet here), to plan out each issue, then edit the articles as they are completed by the reporters. They come into the office slightly later in the day, usually between 10 a.m. and noon, and stay until between 7 and 8 p.m. each evening, when the paper is finally "signed off" and sent to the printer.

Jaime Bochet, the Magazines & Supplements Editor, handles most of the special sections that go into the Legal, with the exception of directories. In addition to lending a hand to Jeremy, Stephanie and Michael on editing Legal, PLW and Delaware copy, Jaime oversees the production of the biannual GC Mid-Atlantic magazine, PaLAW: Annual Report on the Legal Profession and the supplements that are inserted into the paper. She is also currently serving as the department's Web editor.
Jaime joined the Legal as an Editorial Assistant in 2003, became Supplements Editor in 2005 and has had her current position since 2007. Prior to joining the Legal, Jaime worked as an online editor for Dow Jones in South Brunswick, N.J., and received her B.A. in English from Franklin & Marshall College in 2002.
If you have questions or comments about the supplements, magazines, blog or website, you can contact Jaime at JBochet@alm.com or 215-557-2368. Follow her on Twitter at @JaimeBochetTLI.

Stay tuned, when tomorrow, we’ll introduce you to the reporters!

Getting to Know Us: Meet The Legal Staff!

By Jaime Bochet
Of the Legal Staff

Some days, I wish I lived in Harry Potter’s world -- where we could wave a magic wand, chant an incantation and poof! The work would be done perfectly.

But putting together a daily newspaper (not to mention a weekly statewide section, a weekly Delaware newspaper, a weekly Delaware-focused e-newsletter, regular special sections and yearly magazines) is not exactly like pulling a rabbit out of a hat. 

The Editorial Department of The Legal is relatively small, but each person plays an integral role in bringing you the latest legal news through our printed products and online content. Many of you have probably had some kind of contact with us, but just as we want to get to know our audience as best we can to provide the coverage you want, we want you to get to know us.

Our goal in doing this is to help you understand what we all do here, so that if you ever have a question, you’ll know who to ask about what. Hopefully, you'll feel better about picking up the phone if you know you're calling the right person.

This will be the first of three blog posts about our staff, so be sure to watch for new updates tomorrow and Wednesday, when you’ll meet the copy desk (the editors) and the reporters. 

Today, we’d like you to meet our Editor-in-Chief, Hank Grezlak.

Hank is the Editor-in-Chief of The Legal Intelligencer and the other Pennsylvania-based products of ALM, its parent company.

Hank has worn many hats in his 18 years as an employee with The Legal. Prior to becoming the Editor-in-Chief in 2005, Hank served as associate publisher of the Pennsylvania division since 2001, with responsibility for managing editorial development for a wide range of print and online products.

He originally joined the company in 1993 as a staff reporter for The Legal and served as managing editor of newspapers and director of new product development and research. He has won five Keystone Press Awards and five Schnader Print Media awards for his investigative reporting and columns. A Bucks County native, Hank received his bachelor’s degree from Cornell University.

Hank frequently writes for the paper, and some of his most recent “From the Chief” columns can be read here:

"On Marcellus Shale Policy, DEP's Krancer Should Have Known Better"
"If Pa. Supreme Court Won't Reform JCB, Then Someone Else Should"

He and reporter Leo Strupczewski have been the primary writers on the Luzerne County courthouse scandal, and you can read some of their best stuff here:

"Ex-Luzerne Judges Created Culture of Fear, Corruption"
"Judicial Conduct Complaint Was Filed Against Conahan in 2006"

Hank is the one to contact if you have questions or comments about our coverage or other big-picture sorts of matters. He can be reached by e-mailing Hgrezlak@alm.com or calling 215-557-2386. Follow him on Twitter at @HGrezlakTLI.

Tomorrow, we’ll introduce you to the other editors, and on Wednesday, meet the reporters!