Featured Columns

Cannabis Banking Issues: All Cash and Not A Lot of Protection

Steven M. Schain | May 31, 2016

Ever accidentally find $5.4 billion of cash in your back pocket?

In-House Counsel

  • Company Websites and the Americans With Disabilities Act

    By Charles S. Marion

    A client recently emailed me for ­assistance with an Americans with Disabilities Act (ADA) claim. I quickly contacted a colleague who practices construction litigation, but it turned out that the claim did not involve one of my client's brick-and-mortar locations. Rather, my client's website was at the center of the complaint because it did not comply with the ADA. "Are websites even subject to the ADA?" my client asked.

  • How Performance Reviews Can Make (or Break) Discrimination Cases

    By Julie A. Uebler

    Although there always seems to be a new opinion out there on how or whether to implement the annual performance review, it's hard to imagine the modern workplace without some sort of performance evaluation system. The way in which human resources teams structure, supervise and implement performance reviews can often impact the risks of employment litigation—for good and bad. This article highlights the legal risks associated with poorly administered performance reviews, identify how such evidence can be used as a sword by employees in litigation, and identify practical steps employers can take to reduce those risks.

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Young Lawyer

  • The Right Fit: Lessons I Learned From Making a Career Move

    By Christopher M. Varano

    Being a lawyer has always been my dream job. I can trace my desire to be a lawyer back to fifth grade. Our teacher had given us a geometrical math problem to teach us about angles, and I spotted a flaw: The angles of a four-sided figure did not add up to 360 degrees. Being the intrepid 12-year-old that I was, I walked up to the teacher to point out his error. He was not convinced. He marched me to the front of the class, put the problem on the overhead projector, and told me to explain the flaw to the class. Without hesitation, I pointed out the mistake to the class. Again, the teacher was not convinced. He asked, "How do you know that four-sided figures have 360 degrees?" (This was a lesson he had yet to teach us.) I explained my reasoning to him and the class. The teacher conceded that I was correct and that we could stop working on the math problem. The class cheered and I felt like a hero. In that moment, I fell in love with lawyering.

  • How to Handle Professional Setbacks and Move Forward

    By Dena Lefkowitz

    It feels like 1994 all over again.

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Business of Law

  • 5 Things for New Lawyers to Consider in Charting Their Careers

    By Frank Michael D'Amore

    A new crop of summer associates has descended on law firms and first-years will be coming in a few months. I have reminisced with colleagues, on occasion, about how different things may have been had someone shared career advice with us when we started. For all those who don't have a parent, sibling, or family friend who's a lawyer or don't have access to the Oracle of Delphi, incarnate, I offer five things that my informal group wishes others would have whispered in our ears when we embarked on our legal careers.

  • Two Things Partners Should Do Now to Learn About Their Firm

    By Frank Michael D'Amore

    In the not too distant past, there were very few things that a partner needed to do post-haste as to his or her job, other than stay on top of his or her active matters.

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Litigation

  • A Primer on Federal and Pa. Electronic Surveillance Law

    By Kevin E. Raphael 
and Douglas E. Roberts

    Recently, news broke that not one but two former high-ranking Pennsylvania state officials—former Treasurer Rob McCord and John Estey, the one-time top aide to Gov. Ed Rendell—secretly recorded conversations, potentially thousands of them, with political and business leaders at the behest of federal law enforcement. These revelations bring focus on the regulations concerning electronic surveillance and wiretapping: Under what circumstances do they permit the interception of seemingly private conversations? Can law enforcement officers or cooperators record seemingly private conversations without permission? How about private citizens? And do persons who learn their communications have been intercepted without their permission have any recourse? What follows is a primer on this complex and highly technical area of the law.

  • Compliance With Pre-existing Duty Not Adequate Consideration for Arb Agreement

    By Peter J. Kreher and Frank P. Trapani

    In Bernetich, Hatzell & Pascu v. Medical Records Online, the New Jersey Superior Court, Appellate Division refused to enforce an arbitration clause and class action waiver for lack of consideration where one party to the purported agreement merely agreed to comply with a pre-existing legal duty. This article discusses the decision and its implications.

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