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 a look at Saul Ewing’s firm financials. As reporter Zack Needles writes, the firm’s revenue inched up, about 0.8 percent, and its profits per partner dipped 3 percent last year.

Below the fold on Page 1, reporter Gina Passarella writes that Dechert has opened a Chicago office with a trio of securities lawyers from Katten Muchin.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that Monsignor William J. Lynn took the stand in his own defense yesterday. Lynn is charged with endangering two men who testified they were sexually abused by two priests as youths.

In more Regional News on Page 3, Zack Needles writes that Penn State has announced Stephen S. Dunham as its new general counsel. Dunham has been vice president and general counsel of Johns Hopkins University.

Also on Page 3, reporter Ben Present writes that the state Supreme Court has unanimously ruled that exposure to one fiber of asbestos is not tantamount to a lot.

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 Bankruptcy Update on Page 5, Andrew C. Kassner and Joseph N. Argentina Jr. write about avoidance actions against seller void purchased bankruptcy claims.

In this week’s Young Lawyer column on Page 7, Susan Morse writes about the perils of overlawyering and underlawyering.

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 the state arguing that a $150 million suit regarding the antipsychotic drug Risperdal should have gone to a jury. As reporter Gina Passarella writes, some Commonwealth Court judges seemed skeptical during oral arguments whether Janssen Pharmaceutica defrauded the state government of the money, or if it was just a lack of research by public officials that led the Medicaid program to pay $3.50 more per pill for the drug than its competitors.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Pennsylvania bishops of the Catholic church formed an ad hoc committee to shield secret archives, according to the last prosecution witness.

Below the fold on Page 1, reporter Ben Present writes that the state Supreme Court has agreed to hear an appeal over whether “unauthenticated” text messages may be admitted as evidence during trial.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has held that a woman who was prescribed medications for off-label uses doesn’t have standing to sue the drug company that marketed them.

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 the Paralegals Page on Page 5, Helen M. Howlett writes that paralegals need not be afraid of e-discovery.

In this week’s Young Lawyer column on Page 7, Michael P. Maslanka writes about five lessons for young attorneys from mentors who cared.

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 attorney for Wyeth arguing that a $10 million verdict against the company in a hormone-replacement therapy case stemmed from a trial that was “permeated with irrelevant and inflammatory evidence.” Reporter Gina Passarella writes that Dechert’s Robert Heim told a three-judge Superior Court panel on Tuesday that, “No defendant could have won this trial.”

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has rejected three Harrisburg residents’ challenge to Act 47, the Financially Distressed Municipalities Act. The judge said the challengers lacked standing to seek the injunction.

Below the fold on Page 1, Gina Passarella writes that the state Supreme Court has denied the appeal of a Luzerne County prothonotary who sued when the county decided to dissolve the elected office and create an appointed system for overseeing judicial records.

In more Regional News on Page 3, reporter Jeff Mordock writes that insurance liabilities may be transferred to trusts in asbestos claims.

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 Securities Law column on Page 5, Katayun I. Jaffari and Jill M. Stadelman write about the JOBS Act and wonder whether it will be able to kick start employment growth.

This week’s Young Lawyer column is on Page 7, as Lisa Myers write about a year spent as an assistant district attorney and the lessons she learned.

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 analysis of the general election and the challenges it poses to attorney general candidates Kathleen Kane and David Freed. As reporter Ben Present writes, observers indicate that the Republican Party cares more about the position than any other row office. The GOP has held the position since it became an elected posted in 1980.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the out-of-county judge presiding over the First Judicial District’s legal malpractice suit over the Philadelphia family courthouse project said the first Supreme Court justice to preside over the initiative, Sandra Schultz Newman, is not entitled to protective order from having to give a deposition.

Below the fold on Page 1, reporter Gina Passarella writes that the state Supreme Court has granted allocatur in a negligent infliction of emotional distress insurance case.

Also below the fold on Page 1, Amaris Elliott-Engel has the latest from the priest sex-abuse trial. Yesterday, a witness testified he was not warned about defrocked priest Edward V. Avery.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that claims against British Airways are time-barred under an international agreement governing aviation.

Also on Page 3, Ben Present writes that Penn State has again lost a venue fight after a judge ruled the First Judicial District was not an inconvenient forum for the university.

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 the Paralegals Page, Judy Stouffer writes that the time has come to consider digitizing your law firm’s case files, while Christine Flynn writes about the benefits of paper records and the pitfalls of their digital counterparts in a point-counterpoint.

In a Young Lawyer Editorial Board column on Page 7, the board writes about the challenges and opportunities of shingle hanging for those fresh out of law school.

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 the First Judicial District leaders deciding not to change the FJD’s foreclosure program. As reporter Amaris Elliott-Engel writes, the leadership had planned to put time limits on mandatory conciliation in cases of a Philadelphia homeowner facing mortgage foreclosure. Philadelphia Court of Common Pleas Judges John W. Herron and Allan L. Tereshko said in a notice to the bar Tuesday that they were not going to change the widely praised residential mortgage foreclosure diversion program.

Below the fold on Page 1, Amaris Elliott-Engel writes that a second witness testified that he reported alleged abuse to Monsignor William J. Lynn. The witness, M.B., was the second to say he was abused by defrocked priest Stanley Gana and reported it to Lynn when Lynn was the secretary of clergy from 1992 to 2004 and was in charge of priests’ assignments.

U.S. Representative Patrick Murphy responded to The Legal’s questionnaire for the attorney general candidates. His responses are available here.

In more Regional News on Page 3, reporter Gina Passarella writes that an ex-Pittsburgh Steeler has won workers’ compensation benefits but not attorney fees, because he went on to play for other pro teams and was therefore not disabled.

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 Legal Marketing column on Page 5, Adrian Dayton of Legal affiliate The National Law Journal writes about building better lawyer bios to give potential clients the information they want.

In a Young Lawyer column on Page 7, Ellie Austin writes the last part in her series, “Making the Leap,” about leaving her first legal job and entering back into the uncertain world of job hunting.

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 the state Supreme Court granting allocatur in a case in which it has been asked to stop a scientific debate over whether shale is a “mineral” before the debate even begins. As reporter Zack Needles writes, this could potentially lead to “chaos” according to one Pennsylvania lawyer, if it is determined that shale is in fact a mineral.

Also above the fold on Page 1, reporter Gina Passarella writes that Stevens & Lee and one of its partners have rebutted a lawsuit filed against them by Elliott Greenleaf over alleged theft of client files through remote software. Stevens & Lee have said the lawsuit is nothing more than an attempt to interfere with client relationships the partner took with him when he left Elliott Greenleaf to join Stevens & Lee.

Below the fold on Page 1, reporter Amaris Elliott-Engel details the graphic testimony heard yesterday in the priest sex-abuse trial.

In more Regional News on Page 3, Dan McCormick writes about a new scholarship initiative created by Archer & Greiner to award scholarships to diverse Temple University law students and allow them to work in the City of Philadelphia Law Department as well as at the firm.

Also on Page 3, reporter Ben Present writes that a defamation suit filed by Daniel D. McCaffery has been allowed to move forward. McCaffery claims that the Philadelphia Board of Ethics and its executive director defamed him days before he came in second in the race for Philadelphia district attorney three years ago.

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, Michael A. Gillen and Stanley V. Todd write that parallel IRS investigations have returned after a 35-year hiatus.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Martha “Frannie” Reilly writes about reasons to join a nonprofit board and concerns to address before doing so.

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 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 reporter Zack Needles’ look into two recent resignations in the state Department of Environmental Protection, which lawyers say is not uncommon after a change in the gubernatorial administration. Reports by the Pittsburgh Post-Gazette regarding the July resignation of longtime regional counsel Diana Stares and the November resignation of her successor, William Darr, indicated that Stares was forced out and Darr’s hiring was a political move that wasn’t properly vetted. But attorneys familiar with the inner workings of the agency told The Legal they were skeptical of allegations that there were nefarious motives behind the moves.

Also above the fold on Page 1, reporter Gina Passarella writes about the struggles faced by Rutgers School of Law-Camden, which suffered a 15-spot drop in the most recent U.S. News & World Report law school rankings. The school is still dealing with the fallout from the proposed merger with Rowan University.

Below the fold on Page 1, The Legal’s newest reporter, Saranac Hale Spencer, writes about an Eastern District of Pennsylvania case in which a judge ruled that allegations that a former chief technology officer sabotaged a planned merger by sending secure information to potential suitors did not bring into play the protections of the federal Computer Fraud and Abuse Act.

In more Regional News on Page 3, reporter Ben Present writes that a state Superior Court panel has ruled that a lawsuit brought against Parx Casino belongs outside Philadelphia, despite the plaintiff’s wishes.

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 the Paralegals Page on Page 5, Christine M. Flynn writes about TIPS – Trial Issues and Practical Solutions – for paralegals, including formulating a plan, confirming witnesses and checking supplies.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Michael J. Joyce writes about appreciating the momentum created by smaller victories. The little wins can often turn into bigger wins down the road, Joyce writes.

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 busy news day is the state Supreme Court sounding off on the gaming licensing process. As reporter Gina Passarella writes, the justices took an opportunity during oral argument in an appeal of a Category 3 slots license to challenge the state Gaming Control Board on transparency issues the jurists admitted were not before them. As Justice Seamus P. McCaffery said, “This court has been criticized as a quote-unquote ‘rubber stamp’ for the Gaming Board.”

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the justices mulled the topic of expert testimony about eyewitnesses while hearing oral argument yesterday. The state Supreme Court is being asked to allow trial courts to permit expert scientific testimony on human memory and perception in criminal cases involving eyewitnesses.

Below the fold on Page 1, Gina Passarella writes that the distribution of fliers at an elementary school inviting classmates to a Christmas party at her church are protected by the Tinker standard. U.S. District Court Judge A. Richard Caputo of the Middle District of Pennsylvania upheld his initial decision in K.A. v. Pocono Mountain School District following the school district’s motion for reconsideration. The suit alleged the school district violated K.A.’s First and 14th Amendment rights by prohibiting her from passing out the fliers.

In more Regional News on Page 3, John Caher of Legal affiliate New York Law Journal writes that a judge has tossed a breach of contract suit against the artist who created the “LOVE” sculpture in Philadelphia’s Love Park.

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 David Koller writes about dealing with the legal profession’s “terrible triad” - the sigh, eye roll and face rub that he sees so often from more senior lawyers.

In a commentary on Page 7, Scott A. Coffina writes about the Stock Act and a legislative battle that has developed in Congress in an attempt to close an egregious loophole that has allowed members to profit from stock trades motivated by inside information about pending legislation.

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.