Pennsylvania

  • April 24, 2015

    3 Ways Firms Can Weather A Massive Deal Collapse

    When Comcast Corp. decided to officially withdraw its $45.2 billion proposal to buy Time Warner Cable Inc. amid serious regulatory and public scrutiny, over a year of work by the companies and their attorneys seemed to go down the drain. But experts say firms can walk away from busted deals with their heads up as long as they’ve covered a few key bases.

  • April 24, 2015

    3 Takeaways From Comcast's Failed Bid For TWC

    Comcast Corp.'s $45 billion bid for Time Warner Cable Inc. on Friday became the latest deal to fall apart in the face of tough antitrust and regulatory scrutiny, underscoring the increasing importance of national markets in competition reviews, the risks of having to face off with two watchdogs at the same time and the difficulty of tackling widespread public outcry.

  • April 24, 2015

    Pa. AG's Contempt Hearing Over Prosecutor Firing Postponed

    A Pennsylvania state judge on Thursday delayed a contempt hearing for Attorney General Kathleen Kane over the firing of a prosecutor to hear the AG’s arguments that she did not violate a protective order barring her from interfering in an investigation of grand jury leaks from her office.

  • April 24, 2015

    Duane Morris, Staffer Settle Employment Discrimination Suit

    Duane Morris LLP has reached a settlement with a former support staffer in an employment discrimination suit in Pennsylvania federal court who alleged she was unlawfully fired after taking Family and Medical Leave Act-protected periodic medical leaves of absences.

  • April 24, 2015

    Mylan's Sweetened $33B Perrigo Bid Gets Spurned

    Mylan Pharmaceuticals Inc raised its bid for Perrigo Co. PLC to $32.6 billion on Friday to only again get rejected by the Irish maker of over-the-counter drugs and health products, while Mylan itself faces a hostile takeover bid by rival Teva Pharmaceutical Industries Ltd.

  • April 24, 2015

    Ex-Chicago Bear's Estate To Appeal NFL Settlement

    The estate of late NFL player Dave Duerson intends to appeal the league’s settlement approved Wednesday over concerns that it doesn’t adequately address chronic traumatic encephalopathy, a degenerative neurological disease linked to repeated blows to the head, according to the estate’s attorney.

  • April 24, 2015

    Toxic Tort Claims Over Fracking Create IP Discovery Risk

    A recent Pennsylvania ruling finding that trade secrets, including the makeup of hydraulic fracturing fluids, should be handed over in discovery in a toxic tort case against Range Resources Corp. is likely just the beginning of attempts by plaintiffs to win access to proprietary information, experts say.

  • April 24, 2015

    Telecom Cos. Urge 3rd Circ. To Review Net Neutrality

    Full Service Network, TruConnect Mobile and others on Thursday lodged the latest suit contesting the Federal Communications Commission’s recently enacted net neutrality rules that reclassify broadband Internet as a telecommunications service, telling the Third Circuit that the rules restrict competition.

  • April 24, 2015

    Ex-Wal-Mart Workers Ask Justices To Let $188M Win Stand

    The class action plaintiffs who won a nearly $188 million judgment against Wal-Mart Stores Inc. in Pennsylvania state court for denying breaks to workers have urged the U.S. Supreme Court to reject the retailer’s appeal, denying that their triumph resulted from a “trial by formula.”

  • April 24, 2015

    Judge Keeps Breach Of Contract Claims Against Ambit Alive

    A Pennsylvania federal judge has denied Ambit Energy Northeast LLC's motion for summary judgment in a proposed class action lawsuit claiming the company breached its contract with customers by promising low electricity rates before soon doubling the charges.

  • April 24, 2015

    Pa. Gov't Official Defends Wolf Tax Reform Proposal

    A top member of Pennsylvania Gov. Tom Wolf's administration on Friday came to the defense of a dramatic tax reform proposal aimed at reducing the state’s yawning structural budget deficit, the day after an independent report suggested the plan would raise taxes on Pennsylvanians of all income levels.

  • April 24, 2015

    Mushroom Growers Say 3rd Circ. Ruling Foils Class Cert. Bid

    Mushroom growers ensnared in multidistrict litigation over an alleged price-fixing conspiracy asked a Pennsylvania federal court Thursday to examine a recent Third Circuit decision vacating class certification in an antitrust case that mushroom purchasers have cited in support of class certification.

  • April 24, 2015

    Pa. Consumer Says Bayer's MiraLax Caused Kidney Damage

    Bayer Corp. and several other pharmaceutical companies were hit with a Pennsylvania state court lawsuit on Thursday in which a Philadelphia man claimed the company’s MiraLax laxative was responsible for his acute kidney injury.

  • April 24, 2015

    Comcast Scraps $45B Time Warner Tie-Up Amid Scrutiny

    Comcast Corp. has pulled its hotly contested $45 billion proposal to acquire Time Warner Cable Inc. off the table, Comcast said Friday, due to intense regulatory and public scrutiny leading the cable giant to believe a deal was simply not in the stars.

  • April 23, 2015

    $45B Comcast, TWC Merger Doomed After FCC Balks

    The $45.2 billion merger of Comcast Corp. and Time Warner Cable Inc. appeared on the brink of collapse Thursday, with Comcast reportedly planning to withdraw its offer after Federal Communications Commission staff recommended a move blocking the deal.

  • April 23, 2015

    Coalbed Gas Belongs To Coal Owner, Pa. Appeals Court Says

    The Pennsylvania Superior Court on Wednesday affirmed Consol Energy Inc.’s rights to ownership of coalbed methane gas beneath land held by another owner, concluding that methane gas contained in coal rightfully belongs to the coal owner when there is no mention of its ownership in a severance deed.

  • April 23, 2015

    Real Estate Rumor Mill: Weingarten, Tier REIT, Orbach Group

    Weingarten Realty Investors has reportedly bought a Wellington, Florida, mall and three adjacent properties for $54 million, while Tier REIT and Amerimar Enterprises are reportedly selling the Wanamaker Building in Philadelphia and Orbach is said to have paid $27.5 million for a New York rental property.

  • April 23, 2015

    Pa. Judge Halts Part Of Gov.’s Home Care Worker Plan

    A Pennsylvania state judge on Thursday temporarily blocked portions of an executive order by Gov. Tom Wolf that critics say make it easier for home health care workers to organize.

  • April 23, 2015

    Pa. Construction Saboteur Gets 8-Year Prison Sentence

    A business agent of Philadelphia Ironworkers Local 401 who pled guilty in 2014 to charges of racketeering and arson in a plot to sabotage nonunion worksites as a “shadow gang” member, was sentenced by a federal judge Thursday to eight years in prison, the Department of Justice announced.

  • April 23, 2015

    Air Products JV Wins Contract For $2B Saudi Aramco Project

    Air Products and Chemicals Inc. and Saudi Arabia-based ACWA Holding Co. have announced that a joint venture between the companies was awarded a $2.1 billion contract from the Saudi Arabian Oil Co., or Saudi Aramco, to build and operate the world’s largest industrial gas complex.

Expert Analysis

  • Why REMS Abuse Doesn't Belong In Antitrust Litigation

    Anna Fabish

    When asked to identify the next generation of antitrust claims in the pharmaceutical industry, many would respond with an acronym: REMS. But these “risk evaluation and mitigation strategy” programs are a creature of the U.S. Food and Drug Administration, and thus the FDA — not the courts or the antitrust laws — is the more appropriate vehicle for addressing alleged REMS abuse, says Anna Fabish of O'Melveny & Myers LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • A Trend Toward More State Focus On Lawyer Mobility?

    Allison Martin Rhodes

    The efforts of state bar regulators in three large legal markets — Florida, New York and now Virginia — are almost certainly an indication of increased regulation to come in the area of lawyer mobility, say attorneys with Holland & Knight LLP.

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Inside CMS Proposed Mental Health Parity Rules

    Caroline Brown

    Although much of the content of the Centers for Medicare and Medicaid Services' long-awaited proposed rules for mental health parity in Medicaid and the Children’s Health Insurance Program was expected, there are several provisions that may be challenging for states and Medicaid managed care entities to comply with, if they are finalized in their current form, say Caroline Brown and Phil Peisch of Covington & Burling LLP.

  • Choking Off Native American Economic Development

    William M. Isaac

    I wanted to see firsthand what might be wrong with the Native American e-commerce businesses that Operation Choke Point found threatening and offensive, so I traveled across the country to meet with tribal and business leaders and observe their business practices and policies. What I found wasn’t some hidden conspiracy, terrible scheme or secret criminal enterprise, says William M. Isaac, head of financial institutions at FTI Consu... (continued)

  • The Latest Litigation Over FCA Public Disclosure Bar

    Jennifer Tracy

    In holding that the government’s audit and investigation did not constitute a “public disclosure” in U.S. v. Shell Exploration, the Fifth Circuit recently aligned with the holdings of several other circuits, including the First, Fourth, Sixth, Ninth, Tenth and D.C. Circuits, and disagreed with the Seventh Circuit’s interpretation of the statute, say Jennifer Tracy and Eric Teasdale of Choate Hall & Stewart LLP.

  • FTC V. Wyndham: Recent Developments And Implications

    Abraham J. Rein

    The Third Circuit, in Federal Trade Commission v. Wyndham Hotels and Resorts LLC, appears to be considering turning the case away on improper-forum grounds, meaning that a federal court will have no occasion to consider the FTC’s position that businesses are on notice of cybersecurity requirements by virtue of a variety of FTC complaints, say Marc Perry and Abraham Rein of Post & Schell PC.

  • Looking Under Fracking's Surface: Part 2

    John McGahren

    Two regulatory models have emerged among states regulating low-activity radioactive drilling waste and byproduct from hydraulic fracturing — scientifically driven regulation and politically driven disposal restrictions that adopt either actual or de facto disposal bans, say attorneys at Morgan Lewis & Bockius LLP.