The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal

Welcome to your Monday 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 internal report of the Philadelphia Traffic Court showing that cases are routinely fixed. As reporter Amaris Elliott-Engel writes, the report showed that both elected Traffic Court judges and senior judges assigned to the court “routinely entertained and acted upon extrajudicial, ex parte requests for favorable treatment of traffic violators from sources within the Traffic Court and sources external to its operation.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that William Rullo, who stole nearly $400,000 from the First Judicial District while he worked there as a procurement technician, was sentenced to 33 months in prison.

In more Regional News on Page 3, Jeff Mordock writes that Delaware Governor Jack Markell’s chief of staff, Thomas McGonigle, is set to join Drinker Biddle & Reath next month. He will manage the firm’s Wilmington, Del., office. Also on Page 3, Penn State’s law campuses will be separated into two schools.

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 Law Technology News page, Judy Selby writes about protecting against the risk of data breaches.

In the Public Interest page, David Lapp writes that charter school reform must protect vulnerable students.

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 Philadelphia Court of Common Pleas Judge Allan L. Tereshko resigning as supervising judge of the city’s civil cases. As reporter Amaris Elliott-Engel writes, Tereshko was taken to task by the Pennsylvania Superior Court for failing to disclose that his spouse worked for a law firm representing a defendant in a motor vehicle insurance case.

Also above the fold on Page 1, reporter Gina Passarella writes that Morgan, Lewis & Bockius has hired former acting U.S. attorney general and current White & Case white-collar practice group leader George J. Terwilliger III. He will join the firm’s Washington office next month, along with three partners and a group of associates.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that all but one of the claims lodged by Montgomery County’s recorder of deeds alleging that Mortgage Electronic Registrations Systems Inc. has circumvented Pennsylvania law requiring the recording of mortgage assignments have survived a motion to dismiss in federal court.

In more Regional News on Page 3, Jeff Mordock writes that the Delaware Chancery Court heard arguments on receivership authority.

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 Employment Law column on Page 5, Jeffrey Campolongo writes that the circuits are split on considering prior settlement offers in relation to attorney fees.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein write that the forum selection clause is an important provision in franchise agreements.

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 proposed $123.15 million settlement being reached between the insurance companies and the hospital where convicted serial child sex offender Dr. Early Bradley worked to create a fund for the reported hundreds of victims. As reporters Gina Passarella and Jeff Mordock write, a November 13 hearing before Delaware Superior Court Judge Joseph R. Slights III is set to determine the fairness of the settlement.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that another generic plaintiff, this time regarding the drug Ambien, has fallen into the trap of Mensing, which the plaintiff’s lawyer said makes it impossible to prosecute the claim because it held that federal law pre-empts failure-to-warn claims regarding generic drugs.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has remanded a case involving an insurance dispute to a county court of common pleas because it is not a class action.

Also below the fold on Page 1, Saranac Hale Spencer writes that an en banc panel of the Third Circuit yesterday eyed schools’ duty to protect.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the legal aid loan program is assisting more attorneys. Also on Page 3, the Pittsburgh Post-Gazette lost a lawsuit in an effort to enter polling places during elections.

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 Workers’ Compensation column on Page 5, Christian Petrucci writes about workers’ comp settlements in the age of mediation.

In this week’s Young Lawyer column on Page 7, Debra L. Bruce writes about building a reputation as a young lawyer and asks if you’re bellying up to the wrong bar.

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 the voter ID decision being back in Commonwealth Court Judge Robert Simpson’s hands. As reporter Saranac Hale Spencer writes, Simpson gave strong indications that he is planning to enjoin part of Pennsylvania’s new law before November’s election. He said that some parts of the law may well have merit, and if he issues an injunction he’d like to find ground short of “all or nothing.”

Also above the fold on Page 1, reporter Gina Passarella writes that Comcast has beaten back an attempt by a class of plaintiffs to enforce a proposed settlement with the cable company in an antitrust case that subsequently was granted certiorari by the U.S. Supreme Court.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Ken Shear, who was a cornerstone of the Philadelphia Bar Association for almost 36 years, plans to retire in 2013.

In more Regional News on Page 3, Jeff Mordock of the Delaware Business Court Insider writes that the Delaware Supreme Court has denied Grupo Mexico’s motion to reargue the court’s decision to affirm a Chancery Court decision ruling that resulted in awarding a record $2 billion in damages and $304 million in attorney fees in the Southern Peru shareholder litigation.

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 Employment Law column on Page 5, Jeffrey Campolongo writes about employment law cases in the upcoming Supreme Court term.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein discuss necessary formality in franchise agreements.

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 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 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 specially appointed to preside in the First Judicial District’s legal malpractice lawsuit against its ex-attorney on the family courthouse project rejecting a request for sanctions because of the lawyer’s answer to discovery interrogatories. As reporter Amaris Elliott-Engel writes, Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr. said it appears that Jeffrey B. Rotwitt has adequately responded to the interrogatories and that any “alleged discrepancies are matters to be explored during Mr. Rotwitt’s deposition.”

Also above the fold on Page 1, reporter Gina Passarella writes that Fox Rothschild has opened a Denver office looking to capitalize on that area’s intellectual property boom.

In more Regional News on Page 3, Jeff Mordock writes that Connolly Gallagher, the commercial litigation firm spun out from Connolly Bove Lodge & Hutz, has launched in Delaware.

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 Commercial Litigation column on Page 5, Jeffrey G. Weil and Calli Jo Varner write about the case of In re El Paso Shareholders Litigation and what it says about negotiating a merger.

In a Public Interest column on Page 7, Meredith Rapkin writes about protecting female farmworkers in Pennsylvania from harassment.

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 Superior Court restoring a $180,000 verdict against a Philadelphia judge whom a jury found to have defrauded a former law client in the settlement of her personal injury claim. As reporter Amaris Elliott-Engel writes, the punitives damages award against Philadelphia Court of Common Pleas Judge Willis W. Berry Jr. had been remitted to $20,000, but was restored by a divided Superior Court.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has narrowed the circumstances under which plaintiffs may add new claims that relate back to the original complaint after the statute of limitations has run out.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear arguments on whether or not communications between an attorney and his expert witness are discoverable.

In more Regional News on Page 3, Jeff Mordock writes that a federal judge has ruled the Delaware Court of Chancery’s arbitration program unconstitutional.

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 Immigration Law column on Page 5, Elise A. Fialkowski writes thate Pennsylvania has joined the growing number of states mandating E-Verify for state public works contractors.

In this week’s Young Lawyer column on Page 7, Taffie N. Jones writes about keeping clients by diversifying your practice.

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 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.