Pennsylvania

  • May 4, 2016

    Vanguard Dodges Gambling Co. Investments Suit In 3rd Circ.

    The Third Circuit refused Wednesday to revive claims in a shareholders' derivative action alleging that Vanguard Group Inc. mutual funds suffered millions of dollars of losses as a result of the company's investment in illegal online gambling operations.

  • May 4, 2016

    Justices Needn't Eye Reinstated Deportation Order, US Says

    The federal government has asked the Supreme Court to deny a petition from an Ecuadorean man who was ordered deported after illegally re-entering the U.S. and argues his deportation order should not have been reinstated, saying the Third Circuit correctly found that the reinstatement provision in question applied.

  • May 4, 2016

    HSH Nordbank Misled Developers On $200M Loan, Jury Told

    A Philadelphia jury heard opening arguments Wednesday in a case accusing HSH Nordbank AG of dangling a nearly $200 million loan in front of a proposed retirement community's now-bankrupt developers despite knowing the bank was not financially positioned to commit to new lending.

  • May 4, 2016

    3rd Circ. Nixes Le-Nature's Exec's Appeal Of 15-Year Sentence

    The Third Circuit on Wednesday refused to vacate the 15-year prison term handed down to a onetime executive at defunct soft drink company Le-Nature’s Inc. for orchestrating a $660 million swindle of banks and investors, saying an appeal had already been lodged and rejected.

  • May 4, 2016

    Consultant Wants New Pa. Rule On Fee-Sharing With Firms

    The attorney for a former consultant to investor class action specialists Barrack Rodos & Bacine, who claims he has been cut out of $1.5 million from an oral fee-sharing agreement, asked the Pennsylvania Superior Court on Wednesday to deliver a ruling that protects individuals who ink arrangements with firms.

  • May 4, 2016

    3rd. Circ Says Military Tax Shield Doesn't Cover Businesses

    The Third Circuit said in a case of first impression Wednesday that a federal law that limits the interest and penalties on a member of the military for overdue property taxes does not extend to a soldier’s business, as it does not qualify as a "service member” under the law.

  • May 4, 2016

    Pa. Gov. Nominates Ex-Buchanan, Pepper Atty To PUC

    Pennsylvania Gov. Tom Wolf on Wednesday tapped a former Pepper Hamilton LLP and Buchanan Ingersoll & Rooney PC partner who currently serves as his senior adviser on energy and economic development to serve as a commissioner on the state's Public Utilities Commission.

  • May 4, 2016

    US Steel's Bond Offering Swells To $980M

    United States Steel Corp. nearly doubled its high-yield bond offering Tuesday to $980 million, money that will mostly repay debt, marking the latest, large corporate debt issuance to hit the market shortly after a Wall Street agency downgraded the struggling steelmaker’s credit rating.

  • May 4, 2016

    Over A Dozen Firms Guided Largest Q1 Real Estate Deals

    Six of the 10 largest real estate deals in the first quarter were for New York properties, but no single law firm dominated the legal work on the top 10 transactions, with more than a dozen firms grabbing buy- or sell-side work on the quarter’s largest trades, which also included properties in California, Pennsylvania and Washington state.

  • May 4, 2016

    3rd Circ. Rejects Lovenox Antitrust Suit Against Sanofi

    The Third Circuit on Wednesday rejected pharmaceutical manufacturer Eisai’s bid to reinstate an antitrust lawsuit against Sanofi over discount contracts with hospitals that purchased large amounts of anti-coagulant drug Lovenox, saying in a published opinion that antitrust laws are intended to protect competition, not competitors.

  • May 4, 2016

    Pa. House Committee OKs Bill Legalizing Uber, Lyft

    A bill that would legalize ride-hailing services such as those offered through Uber Technologies Inc. and Lyft Inc. inched closer to approval on Wednesday as a Pennsylvania legislative committee gave its blessing to the measure.

  • May 4, 2016

    FERC Says Suit Challenging Pipeline Powers Has No Legs

    The Federal Energy Regulatory Commission on Tuesday urged a Washington, D.C., federal judge to nix an environmental group's suit claiming that its pipeline approval process is unconstitutional, saying that the group has no standing to make such a claim and is attempting to circumvent FERC's review of a proposed $1.6 billion pipeline.

  • May 3, 2016

    NCAA Called Back Into Death Liability Suit In Appeal

    A Pennsylvania appeals court has revived claims against the NCAA over the sickle-cell-related death of a Slippery Rock University student during an intense basketball practice, ruling in a split decision that acts of omission can be grounds for claims of harm.

  • May 3, 2016

    3rd Circ. Blocks Pa. Bankruptcy Related To Failed Fla. Case

    The Third Circuit on Tuesday ruled that an involuntary bankruptcy action brought against guarantor entities affiliated with a Pennsylvania-based diagnostic imaging company was properly barred by a bankruptcy court since the petitioner lacks standing and already lost a nearly identical case in Florida.

  • May 3, 2016

    Citizens Bank Loan Officers Win Collective Action Cert.

    A Pennsylvania federal judge has certified as a collective action an overtime lawsuit brought by three Citizens Bank mortgage loan officers, saying the payment policies challenged in their suit affected in a uniform way Citizens loan officers across the county.

  • May 3, 2016

    Rep. Fattah Co-Defendant Loses Bid To Suppress Evidence

    A federal judge on Tuesday refused to suppress evidence related to a subpoena NASA issued to a nonprofit founded by Rep. Chaka Fattah, D-Pa., denying a request by the organization’s CEO, who was indicted alongside the representative and others over the alleged misappropriation of campaign contributions and charitable donations.

  • May 3, 2016

    3rd Circ. Rejects Suit Assailing NJ AG Use Of Insurer Probes

    The Third Circuit on Tuesday tossed a suit brought by a doctor claiming he was unlawfully targeted by criminal investigations conducted by Allstate and other insurance companies that were outsourced by the New Jersey Attorney General, saying the doctor lacked standing.

  • May 3, 2016

    Schneider Electric To Pay $6.9M To Settle Superfund Claims

    Schneider Electric USA Inc. has agreed to pay the federal and Pennsylvania governments $6.9 million to settle claims that it violated a 2002 court-approved Superfund consent decree during its cleanup of an electrical component manufacturing facility.

  • May 3, 2016

    Woman Sues Pa. DA After Firing Over Parody Web Comments

    A Pennsylvania woman said Friday that she was fired after detectives threatened to arrest her at her workplace over an online account that parodied a woman convicted of assaulting two gay men, according to a federal complaint that seeks $5.15 million for First Amendment violations.

  • May 3, 2016

    Philly Firm Sues Insurer Over Ex-Atty's Criminal Defense

    Fineburg Law Associates PC has sued in Philadelphia County to hold an insurer accountable for nearly $3 million the firm spent defending a former partner against federal charges that he helped plunder an ailing mortgage lender after its extortionate, mafia takeover.

Expert Analysis

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Laying The Groundwork For Automotive E-Titles

    Jason S. McCarter

    If implemented as written, the National Highway Traffic Safety Administration's proposed rules for electronic odometer disclosures will affect dealers, lenders, distributors and auction companies as well as ordinary consumers. While the changes are expected to result in cost savings for most they may also cause short-term uncertainty and security concerns, say Jason McCarter and Hannah Winiarski at Sutherland Asbill & Brennan LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • State Control Of Hospital Merger Review May Be A Good Idea

    Emily Chow

    In West Virginia, the Federal Trade Commission filed an administrative complaint to prevent the merger of two hospitals — just three months after the state attorney general announced his approval. Although West Virginia’s subsequent legislative acrobatics to secure state-action-exemption protection for certain hospital mergers are novel, to hospitals and other states, West Virginia might be on to something, say Emily Chow and Matth... (continued)

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.