• October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    Del. Trust Urges Justices To Join Appeal In EFH Case To Jevic

    Delaware Trust Co. has urged the U.S. Supreme Court to consider pairing its appeal from a disputed $4 billion Energy Future Holdings Co. bankruptcy refinancing deal with another closely watched case already granted certiorari and already tagged as a potential landmark for structured Chapter 11 settlements.

  • October 21, 2016

    Ruling Against Offshore Partnerships Final, 3rd Circ. Says

    A Third Circuit panel refused Friday to upend a lower court determination refusing dismissal of an Internal Revenue Service fight with limited liability companies contesting an offshore tax burden from a $180 million technology company transaction, instead agreeing that the matter is final.

  • October 21, 2016

    Brand Battles: Arsenal FC, Chicago Cubs, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, English soccer club Arsenal takes on a cider brand named for Pittsburgh's historic Allegheny Arsenal, the Chicago Cubs file even more trademark cases, and Microsoft goes after a Japanese industrial giant over "Surface."

  • October 21, 2016

    Coal Lease Includes Methane Rights, Pa. Court Rules

    A Pennsylvania appeals court in a published decision on Thursday found that a lease giving a company rights to mine coal necessarily allowed for the sale of the resources as well, preventing the property owner from seeking additional payment for methane extracted from the coal.

  • October 21, 2016

    Pa. Wage Law Bars Payroll Debit Cards, Appeals Court Says

    A Pennsylvania appeals court issued a published decision in a wage class action on Friday agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.

  • October 21, 2016

    Pa. Judge Found Guilty On Ethics Charges In Case-Fixing Row

    A Pennsylvania state judge was found guilty on ethics charges on Thursday for colluding with a colleague to seek preferential treatment for her son in a tax case in Philadelphia.

  • October 21, 2016

    Ex-CBS Anchor Settles Hacking Case In Days Before Trial

    A former CBS anchor in Philadelphia has settled, in advance of a trial scheduled to start Friday, her $15 million state court suit accusing the network of failing to investigate claims her onetime co-anchor hacked her email accounts and spread information to other news outlets.

  • October 21, 2016

    MMA Promoters Settle Philly Venue Antitrust Row

    The owner of a mixed martial arts promotion business has settled his renewed antitrust claims against a rival for allegedly participating in a scheme to monopolize the sport in the Philadelphia region, according to a filing Thursday in Pennsylvania federal court.

  • October 21, 2016

    Enviros Challenge Pa. County Air Pollution Permitting

    Four Pennsylvania environmental groups asked the U.S. Environmental Protection Agency on Thursday to find fault with Allegheny County’s handling of air pollution permits under a federal program designed to enforce the Clean Air Act.

  • October 21, 2016

    NY Daily News Must Face Libel Suit At 3rd Circ.

    The Third Circuit refused to allow the New York Daily News a quick win on Thursday in an appeal brought by a New Jersey woman hoping to revive her defamation suit over news coverage detailing her purported involvement in an illicit drug and prostitution ring, allegations that she was later cleared of.

  • October 21, 2016

    Ex-Navy Contractor Gets 21 Months In $1.2M Fraud Scheme

    A former military contractor was sentenced on Thursday to 21 months in prison for telling the U.S. Navy that he had paid $1.2 million to subcontractors renovating a Pennsylvania facility — shortly before they walked off the job site over the lack of payment, officials announced.

  • October 20, 2016

    Title Insurance Co. Seeks Sanctions In Coverage Row

    Fidelity National Title Insurance Co. asked a Pennsylvania federal judge Thursday to sanction Maxum Indemnity Co. for failing to comply with orders to produce discovery documents in a suit accusing the insurer of breaching an agreement to indemnify a title insurance agent that mismanaged funds connected to Fidelity insurance policies.

  • October 20, 2016

    Judge Splits FTC's Endo Case, Scoffs At Transfer Threat

    A Pennsylvania federal judge on Thursday split the Federal Trade Commission’s suit accusing Endo and other drug companies of illegally delaying Opana ER and Lidoderm generics and challenged the government to follow through with its “cavalier” threat to refile the suits in other districts, saying he’d consider holding it on the hook for fees.

  • October 20, 2016

    Philly Building Owner Reprises Outburst In Collapse Trial

    For the second day in a row, Richard Basciano — owner of the Center City Philadelphia building that collapsed in 2013, leading to seven deaths and 12 injuries — erupted on the witness stand Thursday, breaking down in tears after denying accusations about his conduct in the moments following the tragedy.

  • October 20, 2016

    FCRA Class Actions Against RealPage Move Forward

    A Pennsylvania federal judge on Wednesday rejected RealPage Inc.’s position that the U.S. Supreme Court’s Spokeo decision provides ground to toss two putative class actions accusing the property management software company of failing to provide full consumer reports to prospective tenants, saying Congress recognizes that the alleged harm provides standing.

  • October 20, 2016

    FTC, Antitrust Org Ask 3rd Circ. To Rethink Doryx Decision

    The Federal Trade Commission and American Antitrust Institute on Wednesday each asked the Third Circuit to rethink its dismissal of Mylan Pharmaceuticals Inc.'s product-hopping suit against Warner Chilcott Ltd. over the acne medication Doryx, arguing the court changed the Sherman Act’s standard of harm and misinterpreted an array of precedent. 

  • October 20, 2016

    Pa. Court Preserves Privacy Protection For Public Workers

    A balancing test adopted by the Pennsylvania Supreme Court nearly two decades ago to weigh privacy concerns of public employees against statutorily guaranteed access to government records continues to apply even after a new version of the state’s open records law was adopted in 2009, the justices ruled unanimously Tuesday.

  • October 20, 2016

    FERC OKs Riverstone's $5.2B Buy Of Talen Energy

    The Federal Energy Regulatory Commission on Wednesday gave its blessing for energy-focused investment firm Riverstone to acquire Talen Energy, the PPL Corp. power generation spinoff it helped to form last year, for $5.2 billion, including debt.

  • October 20, 2016

    NLRB Agrees It Has Jurisdiction Over Pa. Charter School

    The National Labor Relations Board on Wednesday left in place a decision that found a cyber charter school in Pennsylvania was a private employer, meaning that a group of about 70 teachers there can organize under federal labor law, as opposed to state laws that apply to public sector employees.

Expert Analysis

  • Don't Forget To Consider State Privacy Laws In M&A

    Excerpt from Lexis Practice Advisor
    George H. Wang

    All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Definition Of 'Disposal' Limits CERCLA's Applicability

    Joshua L. Milrad

    In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • 5 Employer Lessons From NLRB's Chipotle Decision

    Andrew B. Prescott

    Chipotle's response to an employee’s rogue tweets recently landed the national burrito chain in hot water with the National Labor Relations Board. Significantly, it was not just Chipotle’s alleged response to this employee’s conduct that proved problematic for the restaurant, say Andrew Prescott and Jessica Schachter Jewell of Nixon Peabody LLP.

  • Will Your State Be Ready When FirstNet’s Plan Arrives?

    Albert J. Catalano

    In early November, the First Responder Network Authority is expected to select a vendor to build and operate a national public safety broadband network. Any states that may want to opt out of the FirstNet plan should start considering their alternatives now, says Albert Catalano, counsel with Keller and Heckman LLP.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • 3rd Circ. Pipes Decision May Change FCA Litigation

    Douglas W. Baruch

    Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • OPINION: Employee Political Coercion Protections Are Weak

    Debra Katz

    In an election season as heated as this one, employers and employees alike may feel compelled to do whatever they can to help their candidate secure a victory in November. However, what many may be surprised to learn is that protections for employees, and restrictions on employers, are remarkably lax in this area, say Debra Katz and Matthew LaGarde of Katz Marshall & Banks LLP.

  • What Will Become Of Jersey City's Tax Abatement Law?

    Patrick J. McCarthy

    In Associated Builders and Contractors v. Jersey City, the Third Circuit recently held that a New Jersey federal court erred in dismissing a suit that challenged a city ordinance requiring the use of union labor on certain tax-abated construction projects. The decision is significant because the plaintiffs’ challenge to the ordinance requirement of the project labor agreements will be allowed to go forward, say attorneys at Day Pitney LLP.