The average starting pay for first-year associates in Pennsylvania will be noticeably higher for this fall's class, with several firms increasing pay to $160,000 or just below, according to the National Association for Law Placement and data submitted by the firms.
The Office of Attorney General will continue its appeal to the Commonwealth Court over a public records request for pornographic and otherwise inappropriate emails between government officials, Attorney General Kathleen Kane has said, even though some of those messages were unsealed Wednesday by the state Supreme Court.
A former Philadelphia Traffic Court judge is not entitled to recouping back wages from his suspension without pay after being indicted on ticket-fixing-related charges, despite his eventual acquittal in federal court over a year ago, a disciplinary body has ruled.
A recent decision from the U.S. Court of Appeals for the Fourth Circuit reminded this writer that you could still learn something new about the law every day. Even in an area that you are a supposed expert. This time, it was a decision regarding the so-called "manager rule," a principle applied in some circuits in the context of retaliation claims under the Fair Labor Standards Act (FLSA). The rule had been extended to retaliation claims under Title VII. For managers, human resources professionals and the like, in order to engage in protected activity and garner protection from retaliation, the rule required the employee to "step outside his or her role of representing the company."
G. Mark Thompson, member of the executive committee and board of directors at Marshall Dennehey Warner Coleman & Goggin, was a featured presenter for the Business Insurance-sponsored webinar, "The Best Offense Is a Good Defense: Managing Liability Claims in Today's Litigious Environment."
So far this year, government bond issues in New Jersey have increased in number but decreased in value when compared with the first half of 2014. Bond counsel rankings, meanwhile, have experienced some shake-up.
The medical bills exceeded the available insurance by $1 million, and the pain and suffering claim would be a multiple of the bills. The defense lawyers were at a loss on how to prevent the excess claim. Insufficient funds exist to cover this loss, and the franchise lawyers needed to go to work.
The Pennsylvania Supreme Court has unsealed a number of court documents related to the grand jury that recommended criminal charges against Attorney General Kathleen Kane, containing information about the pornographic emails exchanged between state officials, including members of the Office of Attorney General.
The political consultant who delivered the leaked material at the heart of the indictment against Pennsylvania Attorney General Kathleen Kane changed his testimony over the course of two appearances before the grand jury investigating the leak, according to documents unsealed by the state Supreme Court.
A federal appeals court has turned aside a constitutional challenge to Pennsylvania's rule allowing out-of-state lawyers to join the state’s bar without taking its bar exam as long they come from a state that allows the same admission to Pennsylvania lawyers.
The U.S. Court of Appeals for the Third Circuit has denied the appeal of a hedge fund vying for litigation that could leave it with more money than it is on track to receive in the Tribune Media Co. bankruptcy case.
Last month, I wrote about the rising recognition of emotional intelligence as a key factor in successful leadership using the new movie "Inside Out" to illustrate points about anger and self-management. Now, I turn to "The Sound of Music" for an assist in addressing another competency of emotional intelligence: self-confidence. In the movie, young novice Maria tentatively begins her journey to be governess to seven children. She has no experience and is forced to leave everything she knows. In the song "I Have Confidence," Maria sets her intention for how to handle the new situation, telling herself that she will stop self-doubting, be firm but kind, face her mistakes, and earn respect, adding that, "While I show them I'll show me." The "me" part is key. In this way, Maria employs positive self-talk to overcome her lack of courage, acknowledging that the most critical person in the self-assurance equation is herself. So when she later encounters obstacles—the heavy gates of the mansion she must physically push open, coldness of staff members, pranks played on her by the children and her seemingly cruel new boss—she need only look within for confidence.
Craig A. Styer of Fox Rothschild, office managing partner of the firm's Exton office, was elected secretary of the Chester County Economic Development Council. Styer will serve a two-year term in this role.
U.S. District Judge Ed Kinkeade of the Northern District of Texas gave former Dallas lawyer Andrew Lee Siegel three months to scrape up restitution money before sentencing him for taking $410,000 from a client and investors and using it to support his expensive lifestyle.
Advisers of today are constantly comparing one generation of investor to another. These days, the group of individuals getting most of the attention is the millennial generation (18-to-35-year-olds). There are several reasons for an increase in contrasting the spending and investing habits of older generations to those of millennials.
When not conducted carefully, internal investigations can cause more harm than good. Deciding to investigate a suspected problem is only the first of several key determinations. The responsible executive must plan and execute the investigation deliberately to avoid self-inflicted harm. An organization can protect itself—while still conducting an investigation that is confidential, full and fair—only by carefully thinking about how best to uncover the alleged wrongdoing or compliance issues. Here are three rules for a company to keep in mind to minimize self-inflicted injury from an internal investigation.
Dan Aykroyd, Bill Murray and John Belushi are working in a restaurant. Jane Curtin walks in and orders two cheeseburgers. Belushi yells at the cook, "Cheezborger, cheezborger." Curtin then orders a Coke. Belushi responds, "No Coke. Pepsi."
San Francisco City Attorney Dennis Herrera on Aug. 19 announced a $200,000 settlement with MeetMe Inc., resolving claims that the social media platform's lax privacy restrictions made it a haven for men soliciting sex with teenagers.
In moving to dismiss an indictment last week involving the enforcement of export control laws and the trade embargo with Iran, the U.S. Department of Justice has tacitly acknowledged that the 2014 Supreme Court decision in United States v. Riley, which took cellphones out of the warrant exception for searches incident to arrest, now applies to border searches of laptop computers.
A federal appeals court has ruled the Wyndham hotel chain and its subsidiaries sued in a Federal Trade Commission action are still on the hook for three data breaches into the corporation's computer network that resulted in $10.6 million in fraudulent charges to customers' credit cards.
The state Superior Court has revived an abuse of process suit against Fox Rothschild, Dillon McCandless King Coulter & Graham and two attorneys over claims that a coordination motion stemming from an underlying legal malpractice suit was a "sham" aimed at having the suit tried in a more favorable county.
The concept of competing medical experts is commonplace in the realm of personal-injury litigation. No matter on which side of the fence the client resides, it can take a high-caliber "hired gun" to get the job done. In the world of workers' compensation, a hackneyed dichotomy still worms its way into this battle of the experts in a manner not prevalent in other, less exuberant areas of law. This distinction has come to be known as the treating physician versus the independent medical examiner.
The biggest case of a lawyer's career is now on appeal. Maybe it involves a month-long trial. Maybe it involves a certified class action. Maybe it involves summary judgment after multiple Grady/Frye motions. Whatever the reason, both parties are staring at a record well in excess of 10,000 pages. What to do?
For the two recently installed leaders of defense bar organizations—the Pennsylvania Defense Institute and the Philadelphia Association of Defense Counsel—getting the message out about their groups will be the focus for the coming year.
The Delaware County Regional Water Quality Control Authority (DELCORA) has agreed to pay state and federal environmental protection agencies $1.38 million as part of a consent decree to settle allegations that it improperly discharged pollutants into the Delaware River and its tributaries.
In NuVasive v. Madsen Medical, No. 3:13-cv-02077-BTM-RBB (S.D. Cal. July 22, 2015), the defendants moved for sanctions, claiming spoliation for destruction of a type of electronically stored information that has grown quite prominent in personal communications but not as much in business ones: text messages. The opinion illustrates how, even as the technology grows, the legal issues remain tangled.
The state Supreme Court has agreed to hear arguments over whether the Philadelphia School Reform Commission has the authority to cancel expired collective bargaining agreements with the teachers' union as negotiations are ongoing.
Following is a listing of executive and legislative action for the week of Aug. 17. Members of the state House of Representatives were scheduled to return to session Aug. 24; Senate members are scheduled to return Sept. 20.
\Appellate courts can't review a final determination by the Office of Open Records without making specific reference to portions of the records requested and exemptions that may or may not apply, the Commonwealth Court has said in an en banc decision.
Gov. Tom Wolf last week used the word "good" in a response to an education funding offer from Republican legislative leaders in what may be the first sign of real progress in the seven-week budget impasse.
The new reality of social interaction includes the popular, and seemingly always proliferating, social media websites like Facebook and Twitter. Considering the increasing ubiquity of social media, it was only a matter of time before the U.S. Supreme Court would weigh in on its use, which it had the opportunity to do in the matter of Elonis v. United States, 135 S.Ct. 2001 (2015).
Thought leadership. This term gets thrown around a lot these days. Like "content marketing," "engagement" and "lead generation," thought leadership is an idea that's been around for a long time. Now we have marketing jargon for it.
In the wake of a cyberattack on a company's data, it doesn't take long before shareholders and customers start pointing fingers at the company's leadership, accusing them of dropping the ball in protecting the company's data.
By Richard L. McMonigle and Lindsay B. Andreuzzi
July 1 marked the quarter-century anniversary of the enactment of Pennsylvania's insurance bad-faith statute, 42 Pa. C.S.A. Section 8371. This landmark legislation permitted policyholders and insureds to directly sue their insurers for bad-faith conduct and, if successful, recover punitive damages, attorney fees, interest and costs.
Some of the most important, but often underappreciated, elements of a commercial real estate lease are the insurance provisions. Attorneys may spend hours negotiating and drafting expense clauses, use provisions and offset rights, but often ignore the insurance provisions as mere "boilerplate." However, although claims on insurance sections are rarely implemented, the reality is that a poorly drafted insurance section can have severe detrimental effects and significant cost implications for a client.
By Sherilyn Pastor, Joann Lytle and Nicholas Insua
When an insurer wrongfully denies insurance coverage to its policyholder on a liability claim, the policyholder is free to settle the claim against it and press its right to insurance. That the insurer's policy contains a provision requiring the insurer's consent to any settlement poses no impediment. Given that the insurer has breached its contract, it cannot demand compliance with that provision. But what happens when the insurer offers to defend the underlying claim, reserving its rights to later deny coverage depending on how matters develop?
Cyberinsurance litigation is coming. This reality is underscored by CNA's recently filed lawsuit against its insured, Cottage Health Systems, styled Columbia Casualty v. Cottage Health System, No. 2:15-cv-03432 (C.D. Cal., filed May 7, 2015). Through its preemptive lawsuit, which is one of the first cyber/data privacy disputes under a cyberinsurance policy that has resulted in litigation, CNA seeks to avoid coverage for the defense and settlement of a data breach class action lawsuit against its insured and a related regulatory proceeding.
Parties to corporate transactions are using representations and warranties insurance to help close deals. Sellers in a corporate deal are typically required to provide some contractual indemnity with respect to potential breaches of representations and warranties, often accompanied by an escrow of part of the purchase price.
With more than a year to go before the next state attorney general election takes place, candidates have started throwing their hats in the ring, and, according to political observers, many more will likely be entering the race soon.
Alex Gorsky, the former CEO of Novartis Pharmaceuticals and present head of Johnson & Johnson, does not have to give a deposition in a false-claims whistleblower case against Novartis, a federal judge has ruled.
Stradley Ronon Stevens & Young partner Alan R. Gedrich participated in the panel discussion "Conflict or Accord: Coming to Grips With Conflicts of Interest" during the Financial Research Associates' Investment Advisor Compliance Summit in New York City.
As a quick search of the hashtag #floridaman reveals, people in Florida take bizarre and dumb criminal activity to new levels on a daily basis (see the tweet, "Florida Man Arrested for Graffiting Own Name on Cop Cars"). This activity is evident in Florida's attorney population as well. In March, a Lake Mary, Florida, attorney was arrested for smuggling a gold iPhone 6 to his client in prison. Another Florida attorney, who ran for a state congressional office as a conservative, took flak for his costumed roles in a live-action vampire role-playing game.
On Sept. 11, Philadelphia VIP is set to present a free pro bono CLE training on quiet title from noon to 2:15 p.m. at Fox Rothschild, 2000 Market St., 20th floor, Philadelphia. Training materials and a light lunch will be provided. Participants will receive two free substantive CLE credits in exchange for handling a VIP case within six months. Register online at goo.gl/5zkVOO.
The unemployment compensation program, enacted in 1936, is one of the state's most vital social programs. Unemployment compensation provides a safety net for individuals who have become unemployed through no fault of their own. The program was created to enhance economic security, as "involuntary unemployment and its resulting burden of indigency falls with crushing force upon the unemployed worker, and ultimately upon the commonwealth and its political subdivisions," according to the Unemployment Compensation Law, 43 P.S. Section 752.
The right to marry includes the right to select one's spouse, the U.S. Supreme Court said in its landmark same-sex marriage decision. And the right to choose your spouse applies to prison inmates too, says a federal appellate panel.
At the end of their clerkships, and well into their careers, former U.S. Supreme Court law clerks have had the pick of top law firms and law schools for jobs. Going to work on Capitol Hill was a path rarely chosen.
Education is the greatest civil rights issue of our time. The promise of a public education system is that it opens doors to all students and provides them with the opportunity for success in life regardless of the circumstances of their birth. It is an essential feature of our democracy and the lodestar that guides and guards our right to the "pursuit of happiness" guaranteed as "inherent" in both our federal and state constitutions. But Pennsylvania's public school system is in crisis, leaving many of our poorest students without the means to pursue that happiness.
By Hank Grezlak, Lizzy McLellan and Max Mitchell
The FBI has asked questions about Pennsylvania Attorney General Kathleen Kane's promotion of a staffer accused of sexual harassment and her trip to Haiti in 2014, according to two sources familiar with the FBI's inquiries.
A former employee of syringe maker Unilife Corp., who claimed he was the subject of a retaliatory firing for pointing out in 2011 that the company was in violation of FDA regulations, has withdrawn and apologized for his claims.
In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared "unfair methods of competition in or affecting commerce" to be unlawful and gave the FTC enforcement power over such "unfair methods." Over 100 years later, that key language in Section 5 underlying the agency's competition-related powers had never been the subject of any formal FTC guidance. Clearly, "unfair methods of competition" include Sherman and Clayton Act violations, and some argue that Section 5 reaches beyond those statutes. But exactly what kind of additional conduct falls within the FTC's Section 5 powers has been a long-unsettled question.
Prominent California plaintiffs firm Cotchett, Pitre & McCarthy has filed a lawsuit alleging that the U.S. government has deprived "future generations" of their constitutional rights by allowing climate change to occur.
Elizabeth Hennessey-Severson wasn't sure she wanted to be a named plaintiff in a class action against the organization that administers the Law School Admission Test. It might hurt her chances of getting into law school, she worried.
By Andrew C. Kassner and Joseph N. Argentina Jr.
Unlike most civil litigation that includes a limited number of parties and disputes regarding discrete claims or specific corporate assets, a Chapter 11 reorganization plan by definition involves all of the debtor's business, assets, capital structure and stakeholders. When a plan is approved over the objection of one or more interested parties and no stay pending appeal is obtained, the capital structure is usually completely altered, financing closed and assets conveyed. The question presented in these situations is whether an appeal should be allowed to proceed if no stay is obtained and implementation of the plan proceeds, or should the appeal be dismissed under the doctrine of "equitable mootness."
While a Philadelphia judge has dismissed six counts of a defamation complaint against state Attorney General Kathleen Kane, one count, relating to the state constitutional right to reputation, has been allowed to proceed.
A federal judge has granted conditional class status to a group of insurance claims representatives who alleged they were unpaid by Farmers Insurance Exchange for work performed before they clocked in each day.
In a patent infringement case that has traveled the appellate ladder up to the U.S. Supreme Court and back down again, a district judge has ordered the plaintiff to pay the defendants roughly $6.5 million in legal fees for bringing the lawsuit in bad faith.
Riker Danzig Scherer Hyland & Perretti, intent on replenishing its numbers, has added three partners to its New York City shop from Dilworth Paxson, a contingent that accounts for all the full-time lawyers at the latter firm's two-and-a-half-year-old office in New York.
Transitioning from your position as a summer clerk, summer associate or intern into a position as an associate may seem daunting, exciting, seamless, overwhelming or a combination of all of the above. No matter your emotional state, take comfort in the fact that it is completely normal. Remember, you already have a leg up after spending a summer or two with a firm. Despite this comfort from familiarity, there are five key differences to consider.
On Friday, the annual education conference is scheduled from 8:30 a.m. to 5 p.m. at the Pennsylvania Bar Institute, Wanamaker Building, 100 Penn Square East, Philadelphia. Stay tuned for more details coming soon.
When a person died 20 years or so ago, the family typically divided the old letters, pictures, family videos and other memorabilia that had been stored in the back of a closet among the decedent's heirs. In today's highly technological world, most of us store tons of private and important information electronically. Some of your virtual property might include emails, digital photographs, texts, tweets, music and e-books. These digital assets can have significant sentimental and monetary value.
More than 30 lawsuits have been filed by parents alleging that taking anti-nausea prescription Zofran for morning sickness during pregnancy caused birth defects in their children including congenital heart defects, cleft lip and cleft palate.
If it's old, it's reliable. That was the thinking behind a decades-old rule in the federal courts that provided an exception to the hearsay rule—lawyers could introduce documents that might otherwise be inadmissible if those records were at least 20 years old and appeared authentic.
In response to Pennsylvania Attorney General Kathleen Kane's call for the release of allegedly pornographic and racist emails she claims are at the heart of a political vendetta against her, the state Supreme Court has unsealed orders in the underlying cases, and signaled that more documents could be unsealed soon.
Earlier this summer, The Legal asked the Pennsylvania legal community to submit nominations for our annual Lawyers on the Fast Track. The nominations came pouring in, dozens upon dozens of them, all demonstrating the impressive work being done by young lawyers across the state. The nomination forms and any letters of recommendation accompanying them were sent to a six-member judging panel composed of evaluators from all corners of the legal profession and the state. After reviewing their results, the following 40 attorneys have been selected as the 2015 Lawyers on the Fast Track.
U.S. Rep. Chaka Fattah, D-Pennsylvania, who is facing corruption charges related to allegedly accepting an illegal $1 million campaign loan and taking bribes, repeatedly asserted his innocence at an arraignment held in federal court in Philadelphia on Tuesday.
Judicial privilege does not attach to statements that eventually led to a quasi-judicial hearing at a school district, the Pennsylvania Supreme Court has said, answering a question from the Third Circuit.
Congress created the Immigrant Investor Program, more commonly known as EB-5, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. At the time, the program granted U.S. permanent resident status only to immigrant investors who directly invested in and managed job-creating commercial enterprises. With the enactment of the regional center pilot program in 1992, foreign investors can also invest through EB-5 regional centers, which allow investors to create jobs both directly in the business they start, and also indirectly through the economic effect of their investments.