Pennsylvania

  • December 2, 2016

    3rd Circ. Affirms Tossing Of ALJ's Discrimination Suit

    The Third Circuit on Thursday affirmed the dismissal of a case brought by a Social Security Administration administrative law judge against the agency's commissioner over the loss of a higher title, finding no issue with the trial court's acceptance of an argument not used in an initial dismissal bid.

  • December 2, 2016

    UPMC Must Litigate Highmark Overbilling Suit, Pa. Court Says

    A Pennsylvania appeals court on Friday affirmed an order denying University of Pittsburgh Medical Center's bid to compel to arbitration Highmark Inc.’s suit accusing the hospital network of overbilling for chemotherapy drugs and services by more than $300 million, saying only state officials can call for arbitration under the applicable agreements.

  • December 2, 2016

    Justices Will Hear Religious Hospitals' ERISA Appeal

    The U.S. Supreme Court on Friday agreed to review federal appellate court decisions that church-affiliated hospitals aren’t exempt from the Employee Retirement Income Security Act, a stance opposed by health networks in New Jersey, Illinois and California that fear the potential for dire financial impacts.

  • December 2, 2016

    Investors Accuse Pa. Cemetery Co. Of Ponzi Scheme

    StoneMor Partners LP, the second-largest provider of cemetery and funeral products and services in the U.S., has taken $508 million from investors since it went public in 2007 to fuel a Ponzi scheme that collapsed last month, investors said in a proposed class action filed Thursday in Pennsylvania federal court.

  • December 2, 2016

    Simpson Thacher Leads Teleflex $1B Vascular Solutions Deal

    Teleflex Inc. said Friday that it has agreed to buy fellow medical device company Vascular Solutions Inc. in a deal valued at about $1 billion, with guidance from Simpson Thacher & Bartlett LLP.

  • December 2, 2016

    Pa. Atty Wants Reargument On $45K Sanction Appeal

    A Pennsylvania attorney who received a nearly $45,000 sanction for sending a purportedly intimidating letter to the employer of an opponent’s expert witness has filed to reargue her appeal before the state’s Superior Court, the latest maneuver in a long-running medical malpractice case that has captivated the region’s bar.

  • December 2, 2016

    J&J Faces Risperdal Claims For 6th Time In Philadelphia

    The sixth trial in Philadelphia's Risperdal mass tort program began Friday with counsel for a Nebraska man telling a jury that the antipsychotic drug developed and manufactured by a Johnson & Johnson unit caused his client to develop breasts as an adolescent.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Landlords Get Class Cert. In Philly Gas Liens Suit

    A group of landlords suing Philadelphia Gas Works for allegedly failing to provide them adequate advance notice before placing liens on their properties for unpaid bills racked up by tenants were granted class certification by a federal judge on Thursday.

  • December 1, 2016

    Pa. Bar Must Rehire Worker It Accused Of Racism

    The National Labor Relations Board ordered a Pennsylvania bar to rehire a bartender it claims was fired for making racist statements about a customer to a coworker, ruling it really fired her over her protected complaints to management about new workers getting desirable shifts over veterans.

  • December 1, 2016

    3rd Circ. Backs Sentences In $136M Transpo Contract Fraud

    Two former Pennsylvania businessmen convicted of fraudulently obtaining about $136 million in combined highway construction contracts meant for small, minority-owned businesses saw their revised sentences upheld Wednesday, when the Third Circuit agreed with the lower court that the pair's profits represented the fraud-induced loss.

  • December 1, 2016

    Pa.'s Role In Merger Suit Doesn’t Warrant Fees, Hospital Says

    Penn State Hershey Medical Center urged a federal court Wednesday to reject the state of Pennsylvania’s bid for $1.2 million in legal fees stemming from its involvement in litigation against a now-enjoined hospital merger, arguing the state was only a “spectator” not deserving of fees.

  • December 1, 2016

    H-1B Worker's Suit Against Law Firms Tossed

    A Pennsylvania federal judge on Wednesday tossed a suit brought by an H-1B worker against two law firms, adopting the recommendations of a magistrate judge who found that the suit was barred by the doctrine of res judicata and a release agreement.

  • December 1, 2016

    Feds Bum-Rush Int'l Cybercrime Syndicate

    The U.S. Department of Justice, the FBI and a Pennsylvania federal prosecutor revealed Thursday that they have begun taking down an international cybercrime network known as Avalanche, the second major enforcement effort against cybercriminals spearheaded by the partnership.

  • December 1, 2016

    Pa. Grid Rate Changes Are Unreasonable, FERC Told

    Pennsylvania utility regulators and consumer advocates on Wednesday urged the Federal Energy Regulatory Commission to reject proposed rates for transmission facilities recently acquired by a FirstEnergy Corp. unit, claiming the proposal unreasonably hikes rates by nearly 50 percent and provides the company with at least $130 million in annual revenue.

  • December 1, 2016

    South Jersey Dodged Pa. Income Tax Bullet, Leaders Say

    Southern New Jersey business leaders on Thursday said they dodged a bullet with the resurrection of the state’s income tax reciprocity agreement with Pennsylvania, with Campbell’s Soup Co. alone saying  40 percent of its 1,200 Garden State employees would have been slammed by the pact's termination.

  • December 1, 2016

    Shipping Act Allows State Antitrust Claims, Fed. Agency Says

    The Federal Maritime Commission Wednesday asked the Third Circuit to partially reverse the dismissal of multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, saying federal law does not bar the plaintiffs’ state law claims.

  • December 1, 2016

    Pa. House Panel Urges Whistleblower Protections In AG Office

    A Pennsylvania House committee tasked with investigating whether former Attorney General Kathleen Kane should be impeached issued a report Monday recommending legislative action to protect potential whistleblowers in future probes.

  • November 30, 2016

    Comcast Antitrust Fee Row Resolved By Susman, Heins Mills

    A Pennsylvania federal judge on Wednesday dismissed competing motions for fee allocations between Susman Godfrey LLP and Heins Mills & Olson LLP — co-counsel for a class that reached a $50 million antitrust settlement with Comcast Corp. — after the firms said they resolved how to split $4.66 million in remaining attorneys’ fees.

  • November 30, 2016

    Pa. Court Urged To Ax $38M Award In Workplace Shooting

    A security firm facing a nearly $40 million verdict over a workplace shooting told a Pennsylvania appeals court during oral arguments Wednesday that it had been unable to mount an effective defense after punitive damages were added back into the case during the trial.

Expert Analysis

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Is Momentive Losing Momentum?

    Michael Friedman

    The Third Circuit’s decision last week in the Energy Future case rejected the logic of Momentive that a make-whole provision is not enforceable post-acceleration without specific contractual language to that effect. The decision is a clear break from a recent trend and may give noteholders greater leverage, say Michael Friedman and Stephen Tetro II of Chapman and Cutler LLP.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

    david_wallace_HerbertFreehills.jpg

    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • Best Practices For Executing Pay Equity Audits

    Excerpt from Lexis Practice Advisor
    Jeffrey M. Landes

    Although the Equal Pay Act has been in effect for 50 years, it recently gained renewed momentum with White House backing and an active task force, which has aggressively pursued employers who have violated its requirements. Jeffrey Landes of Epstein Becker Green PC guides practitioners in providing advice and counsel to employers regarding how to ensure compliance with all equal pay laws.