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 the lawyers for former Penn State President Graham Spanier calling out Louis Freeh for what they said was a “blundering, indefensible indictment” of their client. As reporter Gina Passarella writes, the four attorneys spoke at a press conference in Philadelphia and said they know what an independent and complete investigation looks like, but that Freeh failed to provide one when hired by the school to investigate how it handled reports of sex abuse by former assistant football coach Jerry Sandusky.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a tech company’s antitrust suit against several cellphone companies survived a motion to dismiss. The company maintains a system for locating cellphones that have dialed 911 and the companies favor a competing system.

In more Regional News on Page 3, Gina Passarella writes that the Supreme Court has ruled the rescue doctrine cannot be invoked by a volunteer firefighter who seeks to collect benefits under his own insurance policy to cover injuries suffered on his own property while departing for an accident scene.

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, the YL Editorial Board writes about considerations for young lawyers in the wake of the Penn State scandal.

In a Securities Law column, James G. McMillan, James H.S. Levine and M. Duncan Grant write that Pennsylvania stockholders bear the burden in freeze-out mergers.

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 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 federal judge approving a settlement in a generic-antidepressant class action. As reporter Amaris Elliott-Engel writes, the multidistrict litigation alleged that the generic version of the drug Wellbutrin was not as therapeutically effective as the brand-name drug.

Also above the fold on Page 1, Amaris Elliott-Engel writes that the state Supreme Court has agreed to hear the appeal of a $187.6 million class action award against retail titan Wal-Mart over allegations its Pennsylvania employees were not compensated properly for off-the-clock work and missed rest breaks.

Below the fold on Page 1, reporter Gina Passarella writes that Justice Seamus P. McCaffery delivered a commentary on how the court should recognize a likely increase in veterans with PTSD.

In more Regional News on Page 3, reporter Zack Needles writes that a second adultBasic class action against Governor Tom Corbett, Budget Secretary Charles Zogby and the state Treasury Department has been allowed to proceed.

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 Jocelyn K. O’Brien write that the SEC has approved a “limit up-limit down” mechanism that will prevent trades in individual stocks from occurring outside of specified price bands.

This week’s Young Lawyer column is on Page 7, as Michael J. Newman writes about what jazz improvisation can teach lawyers about improvisation in the courtroom.

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 today is the state Supreme Court ruling that uninsured drivers can sue insured drivers for economic damages. As reporter Zack Needles writes, the court ruled unanimously in favor of plaintiff Mary Corbin, an uninsured motorist who was injured in an accident and had sought to sue the other driver, who was insured, for economic damages. Justice Seamus P. McCaffery, writing for the majority, said that while the issue seemed to deal with two incongruous sections of the Motor Vehicle Financial Responsibility Law, when considered together “there is no ambiguity.”

Also above the fold on Page 1, reporter Gina Passarella writes that Cozen O’Connor has hired Joseph Dever, who most recently served as an assistant regional director of the enforcement division for the Securities and Exchange Commission in New York, as the new chairman of its securities litigation and SEC enforcement practice group.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that Pennsylvania Chief Justice Ronald D. Castille asked Thursday that legislators find more funding for the state judiciary. He recommended an extension of a temporary fee surcharge to traffic citations in order to help cover a project $29.6 million shortfall under Gov. Tom Corbett’s proposed budget.

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 Franchise Law column on Page 5, Craig R. Tractenberg writes that most franchise professionals have expressed a cautious optimism for the industry, despite economic pressures that abound.

In an Environmental Law column on Page 7, Katherine L. Vaccaro and Diana A. Silva write that uncertainty looms over the EPA’s cross-state air pollution rule.

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 U.S. Department of Justice brief that deemed the Defense of Marriage Act unconstitutional. The brief was filed in a Pennsylvania case, writes reporter Gina Passarella, regarding whether the wife of a former female Cozen O’Connor partner is able to collect her partner’s profit-sharing plan benefits under federal law. “Section 3 (of DOMA) treats same-sex couples who are legally married under their states’ law differently than similarly situated same-sex couples, denying them the status, recognition and significant federal benefits otherwise available to married persons,” said attorneys for the DOJ in the brief.

On the bottom of Page 1 in today’s Legal, reporter Zack Needles writes that an en banc Commonwealth Court panel has ruled in a case of first impression that Pennsylvania’s personal income tax can be applied to debt discharged in a property foreclosure. The court ruled 5-2 to affirm a Board of Finance and Revenue decision requiring a nonresident to pay personal income tax on his share of a $2.6 billion debt.

Today’s Page 3 story, written by reporter Amaris Elliott-Engel, takes a look at former Philadelphia Common Pleas Court Judge Howland W. Abramson’s move to a new job, where he will be vice president and chief compliance officer for Panafrican Satellite Communications Inc., a startup that aims to close the digital divide between developed and developing countries.

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.

Page 5 is the home of this week’s GC Mid-Atlantic column, taking a look at what general counsel fears most in 2012. Topping that list, according to a survey done by Legal affiliates Corporate Counsel and ALM Legal Intelligence, is a change in business conditions that specifically affects their firm or industry.

Today’s Securities Law column is on Page 7, as contributors Robert L. Hickok and Gay Parks Rainville write about how lower courts are following the guidance set forth by the U.S. Supreme Court in the securities class action Matrixx Initiatives v. Siracusano regarding motions to dismiss. So far, lower courts appear to be properly using the ruling.

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

By Jaime Bochet
Of the Legal Staff

Welcome to your morning round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Today's front page features two stories from senior reporter Gina Passarella. The top story is her coverage of one of the oral arguments before the state Supreme Court. "An attorney for Jordan Lewis, found guilty of first-degree murder and sentenced to death for the 2007 shooting of a Philadelphia police officer in a Dunkin Donuts, argued before the Pennsylvania Supreme Court Wednesday that evidence put on during the guilt phase of the trial improperly swayed the jury to find Lewis committed premeditated murder. The evidence, including the widow's testimony and playing surveillance footage of the crime in slow motion, was prejudicial to his client, the attorney said."

Below the fold, Gina has a business of law story, reviewing the national and local results of a survey regarding firm profitability: "The legal industry will see on average a slight increase in gross revenue, net income and profits per equity partner in 2011, while the Philadelphia market could face a slight increase in gross revenue and flat to modest bumps in net income and PPP, according to a preliminary survey of the marketplace by Wells Fargo's Legal Specialty Group."

Reporter Amaris Elliott-Engel has today's Page 3 Regional News story, a profile of the new head of the Pennsylvania Defense Institute. "As the organization approaches its 42nd year, it's the turn of an attorney to lead the organization, specifically Harrisburg attorney Charles Wasilefski of seven-lawyer firm Peters & Wasilefski."

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.

Page 5 features our "YL" or "Young Lawyer" page, this week an article by an anonymous lawyer from our South Florida affiliate, the Daily Business Review.  "The Rodent" writes about "divining the bonus pool."

Page 7 is where you'll find a "Securities Law" column by Katayun Jaffari of Saul Ewing, who wonders how the Dodd-Frank Whistleblower rules will affect companies.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].

Klehr Harrison Picks Up Dechert Corporate Partner

By Gina Passarella
Of the Legal Staff

Klehr Harrison Harvey Branzburg has picked up a Dechert corporate and securities partner in Philadelphia.

Lisa Burnett moved to the firm after 13 years at Dechert — serving the last few as a partner.  Burnett has represented private equity clients in middle market deals and has handled general mergers and acquisitions work for public and private companies. She joined Dechert in 1997 after clerking for now Chief Justice Ronald D. Castille.

She said she was talking to someone in the legal community about what she was looking for in her career and that person suggested she reach out to Klehr Harrison. Burnett said she was looking to bring in more clients, a difficult prospect in this economic environment coupled with the rates at Dechert, she said.

 “I was looking for a place where I could build relationships with clients and get them to be comfortable calling me on a general basis, not just [for] a really big deal because of the rate structures.”

Burnett said Klehr Harrison was a good fit and had recently brought over a tax partner with experience in the private equity realm, Benedict Kwon. Partner Keith W. Kaplan has a strong funds formation practice and a lot of contacts in the private equity world that could be helpful as well, she said.

Burnett isn’t bringing over any clients from Dechert, but said she hopes some of the client relationships she had there that weren’t under her name might want to look at Klehr Harrison. Burnett said she also wants to capitalize on the relationships already at her new firm as well as the possibility of bringing on old contacts as new clients, now that she is at a firm with a lower rate structure.

Number of Securities Class Action Filings Stay Below Average in 2007

For the fourth consecutive six-month period, securities class action filings are "well below" historical averages, according to a mid-year report issued this week by the Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research.

There were 59 filings between January and June 22, 2007, a 42 percent drop from the average semi-annual filing rate of 101. Those statistics come from examining filings from 1996 through 2005.

"We've now had two years worth of extremely low filing activity," Stanford Law School professor Joseph Grundfest said. "This is starting to look like a permanent shift, not a transitory phenomenon."

The second half of 2006 reported 53 filings and the latter half of 2005 showed 61 filings, according to the report.

Grundfest said increased enforcement activity by the SEC and DOJ has resulted in a decrease in fraud. Another explanation for the decrease in filings over the past two years is the strong stock market over that same time period, according to the report.

~Gina Passarella, Staff Reporter