The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

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 of today’s paper is this year’s GC Compensation supplement, analyzing the pay packages for the state’s top-paid general counsel and looking at say-on-pay’s effect two years later.

The top story in today’s Legal is the death of former U.S. Senator Arlen Specter. As reporter Amaris Elliott-Engel writes, lawyers said Specter was a legal giant who greatly shaped the federal judiciary in the state for more than three decades.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a company must turn over financial documents in a commercial suit regardless of its argument that some of them have “confidential financial information.”

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge has ruled that most of the communication between a plaintiff and his former lawyer is covered by attorney-client privilege during the man’s deposition in a suit he filed against his business partners and their lawyer.

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, Stacy West Clark says if you want to be successful, create a personal brand.

In an Asset Management column on Page 7, Anthony B. Creamer III writes about greater scrutiny on fair value in financial reporting.

Today’s lead story in PLW is a preview of oral arguments beginning today. As reporter Ben Present writes, the slate includes landmark cases regarding text messages and the Marcellus Shale.

Below the fold on Page 1, Saranac Hale Spencer writes that legislative immunity bars a suit over the “Year of the Bible” proclamation made by members of the state House of Representatives.

On Page 3, Ben Present writes that SEPTA has been spared a subrogation lien by the Pennsylvania Supreme Court.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about judges promoting books; Matthew Weisberg’s Professional Liability column about withdrawing as counsel while avoiding conflicts of interest; and David G. Mandelbaum’s Environmental Law column about institutional controls and pre-enforcement review in cleanup cases.

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 the judge presiding over Jerry Sandusky’s case asking the state Superior Court to dismiss an appeal by one of Sandusky’s attorneys over whether a protective order the judge slapped on the case may apply retroactively. As reporter Ben Present writes, Senior Judge John M. Cleland said his June 26 order was not a final appealable order.

Also above the fold on Page 1, reporter Gina Passarella writes that firms are clearly investing in training over entertaining when it comes to junior attorneys. Legal affiliate The American Lawyer did its Summer Associates and Midlevel Associates satisfactions surveys, and some associates said they would prefer a better emphasis on work time rather than entertainment.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has ordered a new trial after a jury was shown child pornography videos, allowing the jury to be prejudiced.

In more Regional News on Page 3, Jeff Mordock of the Delaware Law Weekly writes that Connolly Bove is set to merge with Novak Druce + Quigg.

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 that two circuit courts have recently further defined “wages” for employment tax purposes.

In a Bankruptcy Update on Page 7, Francis J. Lawall and Erik L. Coccia write that willful stay violations are not always compensable.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email 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 a driller working in the Marcellus Shale accused of overbilling joint accounts it held with two other oil and gas drillers, as well as an investor. As Zack Needles writes, the suit alleges the company overbilled two accounts, one by more than $2 million and the other by more than $630,000, and then failed to fully reimburse the money.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the First Judicial District has made further changes to its current bail guidelines as the issue of gun violence becomes a bigger problem in Philadelphia.

Below the fold on Page 1, reporter Gina Passarella writes that a shaky first half of 2012 is causing a collections push for Pennsylvania firms.

In more Regional News on Page 3, Jeff Mordock writes that record-setting damages and fees have been affirmed in a Delaware shareholders suit, totaling $2 billion in damages and $304 million awarded to plaintiffs counsel.

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

In this week’s Young Lawyer column, David Koller writes about his perspective on how his wife views his shingle hanging experience.

In an Asset Management column on Page 7, David B. Bruckman and Bradley P. Pike write about master limited partnerships and the search for yield.

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 Obermayer Rebmann Maxwell & Hippel, the firm at the center of the First Judicial District’s legal malpractice lawsuit, seeking a protective order to preclude discovery of all donations and contributions made by the firm or its attorneys to Vincent J. Fumo, the former state senator who is now in prison for political corruption. As reporter Amaris Elliott-Engel writes, the firm is also seeking a protective order against turning over all the names of ex-partner Jeffrey Rotwitt’s other clients.

Below the fold on Page 1, reporter Gina Passarella writes that Stevens & Lee has been ordered by a federal judge to search every computer and backup tape in its possession by this afternoon to ensure none of the computers has Elliott Greenleaf information on it.

In more Regional News on Page 3, Amaris Elliott-Engel writes that a plaintiff who alleges his use of the dental adhesive cream Fixodent caused his neurological dysfunction is appealing a Philadelphia judge’s decision rejecting his expert witnesses.

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, Rudolph J. Di Massa Jr. and Catherine E. Beideman write about when a contract is assumed for purposes of the Kiwi Air Lines defense.

In an Asset Management column on Page 7, Mark L. Silow writes about how the power to tax saved health care reform.

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 Pa. Law Weekly

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 Family Law supplement is also inside today's paper, so be sure to give that a read.

The top story in today’s Legal is the Third Circuit taking a skeptical view of reverse-payment settlements in a pharmaceutical patent case, rejecting the scope-of-the-patent test used by several other circuits to determine whether a settlement violates antitrust laws. As reporter Gina Passarella writes, the Third Circuit has instead adopted a rule-of-reason analysis to determine if the settlements warrant antitrust review.

Also above the fold on Page 1, reporter Zack Needles writes that Pittsburgh-based Tucker Arensberg has defeated a legal malpractice claim.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a judge has denied a doctor a new trial in a case of test question theft.

In more Regional News on Page 3, Hank Grezlak writes in a From the Chief column that the Freeh Report is a case study in how people rationalize ignoring evil.

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 Securities Law column on Page 5, Robert L. Hickok and Gay Parks Rainville writes that the U.S. Supreme Court has agreed to hear a case regarding the applicability of the fraud-on-the-market presumption.

In an Asset Management column on Page 7, Irvin G. Schorsch III writes about going beyond a lawyer’s fiduciary role in estate planning.

Today’s lead story in PLW is Lackawanna County outspending other counties on guardian ad litem services. Reporter Zack Needles writes that the county’s full-time guardian ad litem, Danielle M. Ross, made about $110,000 per year between 2009 and 2011.

Below the fold on Page 1, reporter Ben Present writes that cross motions for Facebook discovery were denied in an auto case.

On Page 3, Ben Present writes that the Superior Court has affirmed a $7.8 million verdict against Consol Energy.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about ex parte communications with a judge; Daniel E. Cummins’ Civil Practice column on Medicare liens and personal injury matters; and Jeff Jubelirer’s Public Relations column on what to say when you can’t really say anything.

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 PNC Financial Services Group announcing that Robert F. Hoyt will be taking over as general counsel at the end of the month. As reporter Gina Passarella writes, longtime GC Helen P. Pudlin is retiring May 31 from the Pittsburgh company, and Hoyt, senior deputy general counsel, will be taking over.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that a Philadelphia judge has ruled contacting an expert’s employer is sanctionable. Philadelphia Court of Common Pleas Judge Jacqueline F. Allen granted a plaintiff’s motion for sanctions against defense counsel Nancy Raynor, in part by ordering Raynor to refrain from contacting the plaintiff’s experts or their employers.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the passage rate for Pennsylvania’s February bar exam was less than 60 percent.

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, Francis J. Lawall writes that a lack of bond debt is not a bar to Chapter 9 in Alabama.

In an Asset Management column on Page 7, David B. Bruckman and James A.J. Revels writes about naming a non-spouse beneficiary of an individual retirement account.

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 former Justice Sandra Day O’Connor hearing arguments yesterday in the U.S. Court of Appeals for the Third Circuit that centered on an opinion she joined while sitting on the U.S. Supreme Court in 1986. As reporter Saranac Hale Spencer writes, O’Connor, sitting by designation, and a three-judge panel heard arguments in a class action suit brought against title insurers in New Jersey that echoed the Supreme Court’s 1986 decision in Square D v. Niagara Frontier Tariff Bureau.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Court of Common Pleas Judge Jacqueline F. Allen heard arguments over the norms of writing a letter to an expert’s employer. A defense attorney in the case sent a letter to the employer of a medical malpractice plaintiff’s expert, but said she should not be sanctioned because lawyers frequently discuss local physicians who testify as experts, especially if they “go out there and espouse a new standard of care.”

Below the fold on Page 1, reporter Zack Needles writes that Cohen Seglias Pallas Greenhall & Furman has picked up a two-member construction boutique, Byler & Blaker, for its Philadelphia office.

In more Regional News on Page 3, Saranac Hale Spencer writes that challengers to federal laws requiring pornography producers to keep lists of their actors won their big to seek further discovery following a ruling the Third Circuit.

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 taxpayers receiving tax-exempt interest on a settlement in the case of DeNaples v. Commissioner.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus analyze CMS’s proposed rule on reporting and returning overpayments.

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 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

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 first supplement of 2012, E-Discovery, is also inside the pages of today's Legal, including articles on social media, cloud computing and cost-shifting, so be sure to check it out.

Today’s top story is the expected ruling on the “bad acts” evidence in the Catholic Archdiocese priest sex-abuse case. As reporter Amaris Elliott-Engel writes, Philadelphia Common Pleas Court Judge M. Teresa Sarmina said at the close of Monday’s hearing that she will rule by Feb. 6 on whether evidence of prior bad acts can be admitted into the trial of Monsignor William Lynn on the charges that he endangered the welfare of two young men who were allegedly abused by priests Lynn oversaw.

Also above the fold on Page 1, reporter Ben Present writes that observers are wondering what will come next as they await the opinion on redistricting after the state Supreme Court rejected the state Legislative Reapportionment Commission’s new House and Senate maps.

On the bottom of Page 1, reporter Zack Needles writes that lawyers think Western Pennsylvania could become a global energy power, far outlasting the life span of the Marcellus and Utica shale plays.

In more Regional News on Page 3, reporter Gina Passarella writes that the 3rd U.S. Circuit Court of Appeals upheld a $3 million verdict in an age discrimination case.

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 Charles F. Forer writes about when it is possible to seek to vacate an arbitration award.

In this week’s Asset Management column, David B. Bruckman and Aland Mandeloff write about the changing face of long-term care insurance policies.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Ben Present, who writes that Facebook has become a significant factor for family law cases in the state. Family law practitioners say that it’s becoming a rarity for a case to get through family court without use of the online social network coming into play.

On the bottom of Page 1, Gina Passarella writes that e-mails on government computers aren’t necessarily public records under the state’s Right-to-Know Law, as a divided Commonwealth Court ruled in an apparent case of first impression.

On Page 3, Ben Present has a family law story in which a child’s statements recorded on DVD were ruled hearsay for a variety of reasons. On the bottom of the page, Zack Needles writes about a case in which the state Superior Court ruled an oil and gas lease valid despite vagueness.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he tackles lawyers taking multiple solicitorships in a county; Sam Pond’s commentary on workers’ compensation, in which he writes that proposed reforms could harm claimants; a motor vehicles case in which a woman’s license was not suspended because of parental liability; and a judge refusing to award fees and expenses to defense for a Texas deposition after the attorneys declined to use videoconferencing, instead choosing to travel.

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.