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 Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is Duane Morris picking up 16 lawyers from Dewey & LeBoeuf’s New York, Boston and Washington, D.C., offices. As reporter Gina Passarella writes, the team of nine partners, three counsel and four associates is led by New York-based corporate partner Elizabeth W. Powers.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the defense opened Tuesday in the trial of Monsignor William J. Lynn, with a focus on Cardinal Anthony J. Bevilacqua’s control.

In more Regional News on Page 3, Amaris Elliott-Engel writes about a new Philadelphia Traffic Court rule that aims to prevent lengthy jailings.

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 GC Mid-Atlantic column on Page 5, James A. Matthews III writes the first part in a series on attorney-client privilege within the client organization.

In a Commentary on Page 7, Judi Cohen writes about mindfulness and stress and handling the demands of being a lawyer.

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 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 Buchanan Ingersoll & Rooney acquiring seven-lawyer litigation boutique Manion McDonough & Lucas in Pittsburgh. As reporter Gina Passarella writes, Buchanan Ingersoll said the group’s addition brings the firm’s litigation practice to about 115 attorneys, or about one quarter of its total headcount.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the co-defendants in the Catholic Archdiocese sex-abuse trial have been acquitted of one conspiracy charge.

Below the fold on Page 1, reporter Zack Needles writes that Eckert Seamans Cherin & Mellott has announced Heidi B. Hamman Shakely as the new chair of its board of directors, the first time in the firm’s 54-year history that a woman has led the board.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge has overruled objections to a plan to repay victims of a Ponzi scheme.

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 Litigation column on Page 5, Judy Weintraub and Harrie Samaras write about how to approach a preliminary meeting.

In a Commentary on Page 7, Douglas S. Lavine writes about the perils of overidentifying with your client’s emotions.

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 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 lawyers in the Catholic Archdiocese sex-abuse trial sparring over an explanation of what it means to have a duty of care to not endanger the welfare of children. As reporter Amaris Elliott-Engel writes, prosecutors want the jurors in the case to hear the explanation, while Alan J. Tauber of Lindy & Tauber said that providing such an explanation makes “greater the risk the jury will convict one of these men on a concept of negligence.”

Also above the fold on Page 1, reporter Gina Passarella writes that Stradley Ronon Stevens & Young has sued client Sovereign Bank to stop threats of a malpractice lawsuit. The firm filed a complaint “seeking to put an end to ongoing and baseless assertions and threats of malpractice being voiced by defendant, Sovereign Bank N.A.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Chemical Weapons Act was upheld by the U.S. Court of Appeals for the Third Circuit on remand from the U.S. Supreme Court. The court was hearing the case of a spurned spouse’s alleged revenge plot, which included the use of highly toxic chemicals from her employer, chemical manufacturer Rohm and Haas, but declined to say the act was unconstitutional.

In more Regional News on Page 3, reporter Ben Present writes that Penn State has appealed the venue decision in its insurance dispute, seeking to keep the litigation between the university and its insurer from unfolding in Philadelphia.

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 Environmental Law column on Page 5, Jessica R. O’Neill writes about “disinvesting” in the federal enforcement of environmental laws.

In an Employment Law column on Page 7, Michael D. Homans writes that banning smokers may harm your company’s health in the long term.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is Morgan, Lewis & Bockius adding a total of 65 attorneys from the troubled firm of Dewey & LeBoeuf. As reporter Gina Passarella writes, Tuesday brought official news that Morgan acquired Dewey’s Moscow and Almaty, Kazakhstan, offices.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Conrad O’Brien co-founder and skilled trial lawyer William J. “Billy” O’Brien has died.

Below the fold on Page 1, reporter Zack Needles writes that a Bucks County firm and former shareholder have sued each other over the firm’s succession plan. The leader of the firm formerly known as Mellon Webster & Shelly was diagnosed with a serious illness, leading to the questions about succession.

Also below the fold on Page 1, Amaris Elliott-Engel writes that Jeffrey B. Rotwitt filed an answer Tuesday that said former state Senator Vincent J. Fumo blocked an alternate family courthouse site.

In more Regional News on Page 3, reporter Ben Present writes that the state Supreme Court justices mulled a 19-year-old H&R Block class action during oral arguments Tuesday in Harrisburg.

Also on Page 3, Amaris Elliott-Engel writes that lawyers in the Catholic Archdiocese of Philadelphia sex-abuse trial argued yesterday over the deposition of a priest’s alleged supervisors.

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 GC Mid-Atlantic column on Page 5, Mark Harris writes about managing risk with an “austerity workforce.”

In an Employment Law column on Page 7, James W. Cushing writes about further development of the Age Discrimination in Employment Act.

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.

Investigator Hired by Archdiocese Had No Experience with Sex Crimes

By Amaris Elliott-Engel
Of the Legal Staff

A retired FBI agent hired by the Catholic Archdiocese of Philadelphia to look into alleged sex abuse by priests testified today that he had no background in investigating allegations of sex crimes and that he did not receive training on investigating possible sexual abuse.

Lawyers for Monsignor William J. Lynn, who is on trial for endangering the welfare of two men who say they were abused by priests as youths, have made the argument that Lynn also did not receive training as the personnel director for priests when he was assigned to look into allegations of abuse by priests.

The church investigator, Jack Rossiter, testified Monday that he believed the man who said Lynn’s co-defendant, the Rev. James Brennan, had abused him, even though the accuser had a criminal history. Rossiter said he weighed that factor in his analysis.

Rossiter has since been named in a civil lawsuit brought by the alleged victim, M.B., against church officials, Rossiter testified today. The Legal is not naming the alleged victims.

Rossiter said his firm solicited the archdiocese as well as the archdiocese’s counsel, Stradley Ronon Stevens & Young, to be hired for their investigative services after news broke in 2002 of the large scale of abuse by priests in the Archdiocese of Boston.

Rossiter testified that he was hired after a half-hour interview, and he started investigations on behalf of the archdiocese in 2003.

Brennan’s counsel, William Brennan, focused much of his cross-examination of Rossiter on whether Rossiter, when looking into M.B.’s allegations in 2006 that he’d been abused by the priest in 1996, had explored if the allegations were motivated by the family’s financial difficulties. Rossiter testified that the family was not the subject of his investigation.

Rossiter also testified that James Brennan consistently denied the allegations.

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 Morgan Lewis and Pepper Hamilton beefing up their bicoastal financial practices with lateral hires from New York-based Dewey & LeBoeuf. As reporter Zack Needles writes, Pepper Hamilton plans to open a Los Angeles office with Gary Apfel, former co-chairman of Dewey’s consumer financial services group. Morgan Lewis brought aboard a five-lawyer finance group led by Marshall Stoddard.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge denied SAP’s motion for summary judgment in a patent infringement suit against the software giant in which, he stated in his opinion, there could be a billion dollars at stake.

Also below the fold on Page 1, reporter Gina Passarella writes that a defense attorney for accused priest James J. Brennan questioned canonical trial procedures yesterday in the Catholic Archdiocese of Philadelphia sex-abuse trial.

In more Regional News on Page 3, reporter Ben Present has an analysis of the legal work that will be done in the deal for Philadelphia Gas Works, which attorneys said will not be a run-of-the-mill deal.

Also on Page 3, Saranac Hale Spencer writes that the ACLU has announced a challenge to the Pennsylvania voter ID mandate.

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 Litigation column on Page 5, William E. Harris writes about the decision to hire or not hire an expert on damages.

In a Business of Law column on Page 7, Frank Michael D’Amore asks if a fear of success is holding back your professional development.

Today’s lead story in PLW is Ben Present’s look at the state Supreme Court’s work in 2011, a year in which the court increased its published opinions.

Below the fold on Page 1, Zack Needles writes that a judge has rejected a settlement between Monroeville, Pa.-based Parkvale Financial corp. and its shareholders, saying the agreement would benefit no one but the defendant Parkvale directors and the plaintiffs’ attorneys.

On Page 3, Ben Present writes that a judge has tested in loco parentis against the new Child Custody Act.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says Pennsylvania is experiencing an indigent defense crisis; Brandon Swartz’s Personal Injury commentary, in which he writes about cross-examining defense vocational experts; a ruling that left a resident with no place to appeal a zoning decision; and David Mandelbaum’s Environmental Law commentary, in which he writes about pre-emption and natural gas development.

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 Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is a split en banc state Superior Court panel barring a venue change from Philadelphia to Dauphin County in a suit against Harrisburg law firm Keefer Wood Allen & Rahal and other defendants. As reporter Zack Needles writes, the panel ruled 6-3 to reverse a Philadelphia Court of Common Pleas ruling that had granted the defendants’ petition to change venues for forum non conveniens, a ruling that was then upheld 2-1 by a three-judge Superior Court panel.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes on yesterday’s events from the Catholic Archdiocese of Philadelphia priest sex-abuse trial. Philadelphia Common Pleas Judge M. Teresa Sarmina said she would not prospectively rule on whether prosecutors could introduce defrocked priest Edward V. Avery’s guilty plea to sexually abusing D.G., who is set to testify today, until after cross-examination is conducted.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has denied a $926,000 referral fee to an attorney who referred cases to a class action RICO suit that settled for hundreds of millions of dollars in 2009.

In more Regional News on Page 3, David Gialanella of Legal affiliate New Jersey Law Journal writes about a U.S. Court of Appeals for the Third Circuit ruling that the government does not need to send a lawyer or other representative to administrative or litigation proceedings for a successful adversary to win attorney fees incurred in fighting the government’s action.

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 GC Mid-Atlantic column on Page 5, Steven D. Usdin and Nella M. Bloom write about identifying signs that a company is in financial distress.

In a Media Law column on Page 7, Gayle C. Sproul and Michael Berry write that the press and public should be free to tweet from court.

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.