Pennsylvania

  • January 26, 2015

    Expert In Zoloft MDL Was Properly Excluded, Judge Says

    A Pennsylvania federal judge Friday declined to reconsider her decision barring a plaintiffs' causation expert from multidistrict litigation against Pfizer Inc. over Zoloft’s alleged link to birth defects, saying she had properly considered the expert's methodology without overemphasizing its lack of statistically significant findings.

  • January 26, 2015

    Nifty Fifty's CPA Pleads Guilty In $15M Tax Fraud Scheme

    The accountant for Pennsylvania and New Jersey restaurant chain Nifty Fifty’s on Monday pled guilty to helping the business hide more than $15 million in revenue from the IRS.

  • January 26, 2015

    Nelson Brown Drops Fee Fight With Ex-Subrogation Attys

    Ailing insurance boutique Nelson Brown and Co. has dropped a Pennsylvania state court lawsuit against seven of its former attorneys who split to form the subrogation-only practice de Luca Levine LLP, in which it sought to hold onto contingency fees.

  • January 26, 2015

    Ex-Rohm & Haas Worker's Retaliation Trial Begins In Philly

    A Pennsylvania federal judge heard opening arguments on Monday in a bench trial over an ex-Rohm & Haas Co. worker’s claims that the company tried to undermine her independent research in retaliation for complaints she filed with the U.S. Equal Employment Opportunity Commission.

  • January 23, 2015

    2nd Pa. Atty Disbarred Over Role In Annuities Scheme

    The Pennsylvania Supreme Court on Friday disbarred a second attorney involved in a scheme to aggressively market living trusts to senior citizens using nonattorneys, who allegedly sold the legal services based on exaggerations and misrepresentations.

  • January 23, 2015

    Effexor Buyers To Join 3rd Circ. Appeal Against Wyeth, Teva

    A class of direct purchasers of antidepressant Effexor XR on Friday notified a New Jersey federal judge that they plan a Third-Circuit appeal of his decision to dismiss their claim against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for the drug, a week after a number of other Effexor buyers announced a similar intent to appeal.

  • January 23, 2015

    J&J's Risperdal Caused Boy's Breast Growth, Philly Jury Told

    A Philadelphia jury heard opening arguments Friday in a case accusing a Johnson & Johnson unit of failure to adequately warn an autistic Alabama boy’s mother and physicians about the risks of abnormal breast growth associated with the antipsychotic drug Risperdal.

  • January 23, 2015

    DHS Technologies Scoffs At Attys’ Fee Request In FCA Row

    Military contractor DHS Technologies LLC on Friday urged a Pennsylvania federal judge to deny an employee-turned-whistleblower’s request for attorneys’ fees and costs after it agreed to pay $1.9 million to settle a claim that it overcharged the federal government on emergency mobile shelter purchases.

  • January 23, 2015

    Pa. High Court Win Won't Guarantee End To Kane Charges

    The Pennsylvania Supreme Court has stepped in to evaluate the legitimacy of the appointment of a special prosecutor to investigate Attorney General Kathleen Kane over the alleged leak of confidential data, but experts say she could still face charges even if the high court rules in her favor.

  • January 23, 2015

    Mintz Levin Snatches NY Partner From Troubled Nelson Brown

    Ailing Pennsylvania-based insurance boutique Nelson Brown & Co. lost a New York partner to Mintz Levin Cohn Ferris Glovsky & Popeo PC on Friday, adding to a substantial list of departures this month including four other Empire State partners, a vice president and its chief operations and strategic officer.

  • January 23, 2015

    Koppers Delays $400M Notes Offering, Citing Volatile Market

    Pennsylvania-based carbon materials and chemicals company Koppers Inc. said Thursday that it’s postponing a private offering of $400 million in senior notes due 2020 because of what it described as unfavorable market conditions.

  • January 23, 2015

    Aaron's Spyware Class Members Can Be ID'd, 3rd Circ. Told

    A Third Circuit panel was urged Friday to find that records held by Aaron's Inc. made it possible to ascertain the members of a putative class in a suit alleging that the rent-to-own computer retailer spied on its customers in violation of the federal Electronic Communications Privacy Act.

  • January 22, 2015

    Pro Athletes Demand $8.5M Ponzi Dispute Award Be Paid Up

    Five current and former professional athletes including Houston Rockets guard Jason Terry and Philadelphia Eagles tight end Brent Celek sought on Wednesday to enforce a $8.53 million arbitration award in Pennsylvania federal court against their former financial adviser, who allegedly lost millions in a Ponzi scheme.

  • January 22, 2015

    Debt Collector Beats Class Claims In FDCPA, TCPA Suit

    A Pennsylvania federal judge dismissed a plaintiff’s proposed class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, saying that the proposed class definitions are fail-safe.

  • January 22, 2015

    3rd Circ. Nixes NJ Cop's Free Speech Retaliation Suit

    The Third Circuit handed down a precedential ruling Thursday finding that a police officer's testimony disavowing his involvement with the campaign of a Paterson, New Jersey, mayoral hopeful barred him from claiming he'd been demoted in violation of his First Amendment rights after he was seen associating with a staffer for the candidate.

  • January 22, 2015

    Judge OKs Revised $35M Toys R Us Settlement

    A Pennsylvania federal judge on Wednesday signed off on a revised $35.5 million class action settlement resolving long-running claims accusing Toys R Us of restraining prices on baby products, saying more than 1.1 million claims will now be paid to consumers as opposed to only tens of thousands.

  • January 22, 2015

    New Docs Counter Pa. AG’s Claims Of No Leak Violations

    New documents released Thursday in the investigation of Pennsylvania Attorney General Kathleen Kane contradict her attorney's claims the previous day that a state grand jury had not identified any violations of a law forbidding the release of confidential data from grand jury investigations.

  • January 22, 2015

    Pa. Justices To Mull Atty Fees In Contractor Payment Rows

    The Pennsylvania Supreme Court agreed on Wednesday to hear an appeal over whether judges need to consider motivation when determining attorneys’ fee awards to contractors who bring successful claims to recoup missed payments for their work.

  • January 22, 2015

    Trade Groups Attack Wal-Mart Shareholder's Gun Sales Vote

    Retail and manufacturing trade groups are urging the Third Circuit to block a Wal-Mart Stores Inc. shareholder's bid to tighten oversight on sales of guns and sexually charged music, saying the case threatens to dissolve a rule limiting shareholders' power to impact ordinary business decisions.

  • January 22, 2015

    Wolf's DEP Pick Heralds Uptick In Pa. Drilling Enforcement

    With a new sheriff in town to head Pennsylvania’s Department of Environmental Protection under the state’s newly inaugurated Democratic governor, experts say the natural gas industry should brace for scrutiny as priorities shift toward increased enforcement and greater environmental stewardship.

Expert Analysis

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • 6 Ways Technology Hobbles Attorney Efforts To Recruit Clients

    Howard Breuer

    While empowering attorneys to blog, host sophisticated websites and share news via social media, technology has also brought new challenges. There are six key areas where technology — or the discord between technology and state rules on attorney advertising — has created client-recruitment problems that lawyers didn’t have a decade ago, says Howard Breuer of legal industry consulting firm ONE400.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.

  • REBUTTAL: Pa. Coverage Law Hasn't Traveled Back To '80s

    Suzan F. Charlton

    A recent Law360 guest article on the Pennsylvania Supreme Court’s decision in Pennsylvania National Mutual Casualty Insurance Co. v. St. John suggests that the state's law has suddenly traveled backward in time, to a decade when the “manifestation” trigger was still considered a viable insurance coverage theory. But that “Back to the Future” reading of St. John may be a fantasy, says Suzan Charlton of Covington & Burling LLP.

  • A Shift In Discoverability Of Litigation Hold Notices?

    Mathieu J. Shapiro

    There is no one-size-fits-all litigation hold notice and no magic language that will ensure the notice is covered by the attorney-client privilege or work product doctrine. But in light of the D.C. District Court’s new, relaxed approach to the discoverability of such notices, be sure your next one does not include confidential company information that you would regret sharing, say attorneys with Obermayer Rebmann Maxwell & Hippel LLP.

  • Law Schools Are (Finally) Teaching 'The Biz' Of Lawyering

    Howard Breuer

    Educators across the country say law schools are now more aggressively teaching the business side of being a lawyer — spurred on by a shifting market that continues to provide fewer and fewer associate opportunities for recent grads, and feedback from students and new lawyers eager to learn how to bring in clients once they hang out a shingle, according to legal industry consultant and journalist Howard Breuer.

  • The Year Ahead In Pro Bono, US And Abroad

    Kevin J. Curnin

    In 2015, look for the real story in pro bono legal services beneath the numbers. There is specific evidence that pro bono is on the rise in nations not traditionally associated with legal aid. And in the U.S., with the continuing evolution of state rules governing in-house pro bono practice, we expect corporate legal departments to further expand the depth and reach of their pro bono programs, say members of the Association of Pro Bono Counsel.

  • 2015 To See More AG-Led Multistate Enforcement Actions

    Lee Vartan

    I see one very significant trend emerging in state attorney general enforcement actions — increased collaboration among AG offices, with particular focus on multistate investigations involving financial service providers and companies whose actions impact consumers’ online privacy and personal information, says Lee Vartan, a partner with Holland & Knight LLP and the former second highest-ranking prosecutor in the New Jersey attorne... (continued)

  • Trade Secrets And 3rd Parties: Litigation Traps To Avoid

    Derek Knerr

    Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret misappropriation. Several recent cases have confronted this issue, say Derek Knerr and Chris Ottenweller of Orrick Herrington & Sutcliffe LLP.