The Legal Intelligencer Blog

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.)

The top story this morning is Hershey and other chocolate makers failing to prevent class status from being granted against them. As reporter Saranac Hale Spencer writes, direct purchasers of chocolate candies from the major manufacturers allege they engaged in price fixing.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia is contemplating a new model for conflict counsel, seeking “creative and innovative” proposals.

Below the fold on Page 1, reporter Gina Passarella writes that shareholders are being put on par with stakeholders in the new Pennsylvania benefit corporations law.

In more Regional News on Page 3, Amaris Elliott-Engel writes that Montgomery County’s civil legal aid funding has survived through a new process.

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, Sid Steinberg writes that the enforcement of a union contract was found to be not discriminatory.

In this week’s GC Mid-Atlantic column on Page 7, Lee Udelsman writes that today’s general counsel must be a jack of all trades.

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 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.)

The top story this morning is the First Judicial District settling its suit over the Philadelphia family courthouse for $4 million. As reporter Amaris Elliott-Engel writes, Obermayer Rebmann Maxwell & Hippel agreed to pay $2 million, while the firm’s ex-partner Jeffrey Rotwitt’s malpractice insurer, Travelers, agreed to pay $2 million, according to the terms of the settlement.

Below the fold on Page 1, Amaris Elliott-Engel writes that the next chancellor of the Philadelphia Bar Association, Kathleen D. Wilkinson, announced that one of her initiatives will be launching a leadership program to assist young attorneys, women attorneys and attorneys of diverse backgrounds in the profession.

Also below the fold on Page 1, reporter Zack Needles writes that a $3.4 million settlement was reached in the death of a 20-year-old college student who died after drunkenly falling 30 feet over a railing at a fraternity house on the University of Pennsylvania’s campus.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge granted most of the attorney fees requested after an employment discrimination case was resolved with a Rule 68 offer of judgment, despite the defense’s argument that one of the attorneys lacked experience in employment cases.

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 Intellectual Property column on Page 5, Paul F. Prestia asks if patents are becoming impediments to innovation.

In this week’s GC Mid-Atlantic column on Page 7, Timothy Long and Lauri Damrell write about dealing with complex gender-discrimination issues in the workplace.

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 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.)

The top story this morning is the state Supreme Court ruling that “highly reckless” conduct is an affirmative defense in products liability cases. As reporter Zack Needles writes, it requires defendants to show that a plaintiff’s highly reckless conduct was the sole or superseding cause of the plaintiff’s injuries.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that attorneys may become mandated reporters of child abuse if one of the recommendations suggested by a task force created in the wake of the Jerry Sandusky and Archdiocese of Philadelphia priest sex-abuse scandals is passed into law.

Below the fold on Page 1, reporter Gina Passarella writes that a federal court refused to disqualify William Pietragallo from representing a defendant in a case in which he had previously contemplated representing the plaintiff.

In more Regional News on Page 3, Zack Needles writes that Spector Gadon & Rosen has started an energy and environmental practice group with the addition of environmental lawyer Kermit L. Rader, who will chair the group.

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, Julie A. Uebler writes about what employers can do to decrease the risk of employment litigation.

In a Trusts and Estates column on Page 7, Robert H. Louis writes about planning in an uncertain planning environment as we come to the end of 2012.

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 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.)

The top story this morning is Reed Smith and K&L Gates both doubling down on their veteran leaders. As reporter Gina Passarella writes, both Reed Smith’s Greg Jordan and K&L Gates’ Pete Kalis have won unopposed elections to additional terms, as both firms have moved from regional presences to global powerhouses in recent years.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the bar examination passage rate in Pennsylvania dropped to a five-year low with the July 2012 exam. The passage rate was 77.32 percent, down from 79.81 a year ago.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that Supreme Court Justice Antonin Scalia said to a Philadelphia audience Monday night that original intent is indispensable for finding the meaning of a law and the era of a dictionary should match the era of the text one is reading.

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, G. Christopher Ritter writes about the art of using economical expert witness graphics.

In this week’s GC Mid-Atlantic column, Hayes Hunt and Calli Jo Varner write about what in-house counsel need to know about workplace bullying.

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 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 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.)

The top story this morning is Commonwealth Court Judge Robert Simpson blocking the Pennsylvania voter ID requirement for the next election. As reporter Saranac Hale Spencer writes, Simpson said he is “not still convinced in my predictive judgment that there will be no voter disenfranchisement arising” out of the requirement to show photo ID before casting a ballot.

Also above the fold on Page 1, reporter Ben Present writes that Mike McQueary has filed a defamation suit against Penn State tied to the Sandusky scandal. McQueary sued the university for $4 million under whistleblower, defamation and misrepresentation causes of action.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that a plaintiffs lawyer argued yesterday in front of the state Superior Court that a Philadelphia judge was wrong in entering a compulsory nonsuit in the first of 30 cases over allegations that brain cancers were caused by a carcinogen leaking from a chemical plant.

In more Regional News on Page 3, a subpoena of Google for the names of bloggers was ruled properly quashed.

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, Erika Brown Lee and Elaine Lawson write about compliance with anti-bribery and new data privacy regulations.

In an Intellectual Property column on Page 7, Paul F. Prestia and Thomas G. Southard write about the economics and logic of patent litigation versus review.

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.)

The top story this morning is the voter ID case again going before Commonwealth Court Judge Robert Simpson. As reporter Saranac Hale Spencer writes, the case is back in Simpson’s hands after being remanded by the state Supreme Court, and presents a fast-developing set of facts as state officials continued to attempt to craft the voter ID program on the eve of Tuesday’s hearing.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that senior judges have been restored to the Philadelphia court system after the Court of Common Pleas was required to reduce its complement of senior judges by the same number of judges confirmed to fill vacancies on the bench.

In more Regional News on Page 3, reporter Ben Present writes that a York County jury has awarded $6 million to the estate of a woman who died from internal bleeding after a resident from an area hospital allegedly failed to properly diagnose and communicate her condition to a cardiologist.

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, Hayes Hunt and Jillian R. Thornton write about the effects of social media on the workplace.

In a U.S. Supreme Court column on Page 7, Stephen A. Miller writes the second part in a preview of the upcoming 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 .

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.)

The top story this morning is the state Supreme Court sending the voter ID case back to the Commonwealth Court. As reporter Saranac Hale Spencer writes, challengers to the law won a round yesterday when the justices filed a per curiam order vacating the Commonwealth Court’s decision not to issue a preliminary injunction last month. The state must now prove that nobody will be disenfranchised by the law.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that complaints about priest sexual abuse claim that Stradley Ronon Stevens & Young assisted the Archdiocese of Philadelphia in efforts to conceal sexual misconduct by its clergy. The firm is not a named defendant in the eight civil lawsuits that were filed.

Below the fold on Page 1, reporter Zack Needles writes that a Connecticut insurer has sued Chartwell Law Offices, seeking a declaratory judgment that it does not have a duty to indemnify the firm against malpractice claims tied to the Bridgeport fire.

In more Regional News on Page 3, a New Jersey firm has been sued over the failed use of an involuntary Chapter 7 petition.

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 a general counsel’s role in a financially distressed company.

In an E-Discovery column on Page 7, Alice E. Burns writes about using predictive coding as another tool in the arsenal.

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.)

The top story this morning is a judge rejecting a discovery request on former state Senator Vince Fumo in the First Judicial District’s legal malpractice lawsuit against its ex-attorney on the family courthouse project. As reporter Amaris Elliott-Engel writes, the request was for Obermayer Rebmann Maxwell & Hippel to answer questions on whether Fumo requested the firm compensate him for including state funds for a new courthouse in the state’s capital budget for public works projects.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that allegations that more than a dozen Lackawanna County employees were fired as “political retaliation” following the county’s shift to Democratic control after the 2007 election survived summary judgment in federal court.

Below the fold on Page 1, reporter Zack Needles writes that managing employee 401(k) plans could be dangerous for lawyers, as Philadelphia litigation firm Harvey Pennington recently learned when the U.S. Secretary of Labor filed suit against the firm alleging it mishandled employee contributions.

In more Regional News on Page 3, two New Jersey defense lawyers have been hit with ethics charges for their use of Facebook’s friend request tool.

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 Intellectual Property column on Page 5, Anthony S. Volpe and Max S. Morgan write about applying patent teachings in products liability cases.

In this week’s GC Mid-Atlantic column on Page 7, Bruce Green and Jordan Thomas of Legal affiliate Corporate Counsel write about when a corporation’s lawyer can blow the whistle.

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.)

The top story this morning is Pepper Hamilton acquiring Louis Freeh’s law firm and consulting group. As reporter Gina Passarella writes, Pepper Hamilton had been working for months with the firm, Freeh, Sporkin & Sullivan, on the investigation into Penn State’s handling of the Jerry Sandusky scandal.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that antitrust claims against a merger of two of the country’s largest pharmaceutical benefits management companies, Medco Health Solutions and Express Scripts, were dismissed by a federal judge in Pittsburgh.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has ruled that a Montgomery County trial judge’s jury charge did not instruct the jury that it needed to find intent to harm in order to find that medical battery occurred in a case in which a woman claimed she did not consent to the cesarean section a surgeon performed on her.

In more Regional News on Page 3, Merck has appealed a “pay-for-delay” deal ruled on by the Third Circuit to the U.S. Supreme Court. Also on Page 3, Pepper Hamilton is advising IBM on its push into social networking.

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, Tiffani L. McDonough writes that health care reform is leading to more wellness initiatives.

In a Real Estate Law column on Page 7, James M. Lammendola writes that the Commonwealth Court considered eminent domain and Act 70 in a recent decision.

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.