Pennsylvania

  • May 26, 2016

    Pa. Justices Order Release Of Probe's Storm Repair Findings

    A split Pennsylvania Supreme Court agreed with two newspapers' quest for information about an investigation by the state Public Utility Commission into claims that PPL Public Utilities Corp. misallocated repair crews after a major snowstorm, with the majority concluding that the documents should be made public.

  • May 26, 2016

    FWS Blasts ETP's Bird Conservation Plan For $4.2B Pipeline

    The U.S. Fish and Wildlife Service on Thursday slammed a migratory bird conservation plan submitted by Energy Transfer Partners LP for a proposed $4.2 billion natural gas pipeline, saying it doesn't adequately protect avian species.

  • May 26, 2016

    Fattah Pushed For Friend's Appointment, Sen. Tells Jury

    A U.S. senator was called into federal court in Philadelphia on Wednesday to testify for prosecutors accusing Rep. Chaka Fattah, D-Pa., of taking bribes from a friend in exchange for his ultimately unsuccessful efforts to secure an ambassadorship from President Barack Obama.

  • May 26, 2016

    Pa. Woman Pleads To $54M Green Energy Ponzi Scheme

    One of the founders of a failed Pennsylvania green energy company accused of running a $54.5 million Ponzi scheme and selling bogus securities pled guilty in Pennsylvania federal court Tuesday to conspiracy and fraud charges, according to court documents.

  • May 26, 2016

    AG Kane Refiles Vindictive Prosecution Motion

    Pennsylvania Attorney General Kathleen Kane renewed her allegations on Thursday that the criminal charges against her relating to grand jury leaks did not stand up because of a biased prosecution, after having an earlier filing dismissed on a technicality.

  • May 26, 2016

    Philly Atty Can't Blame Cos. For Mob Case Prosecution

    A Pennsylvania judge on Wednesday dismissed a suit by an attorney who tried to blame a failed criminal prosecution against him on several companies that provided services to a mortgage lender that was plundered following a mafia takeover.

  • May 26, 2016

    Pa. Towns Can Tax Freight Brokers, Others, Top Court Rules

    The Pennsylvania Supreme Court ruled Wednesday that a company that negotiates shipping rates with trucking companies can be forced to pay a local business tax, a ruling that could open the door to more local taxes in industries where prices were once set by state regulators.

  • May 26, 2016

    Philly Judge Cops To Lying To Feds In Case-Fixing Scheme

    A Philadelphia Municipal Court judge pled guilty on Thursday to charges that he lied to federal investigators about a request he received from a colleague to fix a small claims case he was slated to hear.

  • May 26, 2016

    PennEast Is Avoiding FERC Obligations, Enviros Say

    An environmental law group on Thursday asked the Federal Energy Regulatory Commission to hold off on drafting an environmental impact statement on a controversial PennEast Pipeline Co. LLC project until the company submits proof that it took sufficient steps to gauge the environmental impact of the proposed pipeline.

  • May 26, 2016

    Pa. Justices Say Bankrupt Cos. Can Add Trustees To Suits

    The Pennsylvania Supreme Court ruled Wednesday that a debtor in bankruptcy can add the bankruptcy trustee as a plaintiff in civil lawsuits, upholding a Superior Court decision favoring a health care consulting firm that had accused a former employee and a credit union of an embezzlement scheme.

  • May 25, 2016

    Boeing, Airbus Tell 3rd Circ. Only FAA Can Regulate Planes

    Boeing and Airbus urged the full Third Circuit Tuesday to upend a panel decision reviving a defect suit, arguing that aircraft engine maker Avco Corp. cannot be held to state-law product liability claims because the Federal Aviation Administration has sole authority over aircraft design.

  • May 25, 2016

    Philly Mulls Sale Of $70M In Delinquent Biz Tax Accounts

    A year after raising $17 million from selling delinquent property tax accounts and settling with others, the city of Philadelphia said Wednesday that it was studying the prospect of selling tardy business tax accounts with $70 million worth of delinquencies to third parties to bolster its balance sheet.

  • May 25, 2016

    Pa. Township Supervisors Violated Sunshine Act, DA Says

    Four members of a Pennsylvania township's board of supervisors violated the state Sunshine Act by agreeing in a private email vote to hire a consultant to oversee the hunt for township manager, the Bucks County district attorney announced Wednesday.

  • May 25, 2016

    Claim Adjuster's Docs Not Privileged In Pa. Bus Crash Row

    The Pennsylvania Superior Court issued a published decision on Tuesday finding that records generated by a claims adjuster for Greyhound Lines Inc. were not protected by attorney-client privilege in litigation over a bus crash that injured 42 people. 

  • May 25, 2016

    3rd Circ. Dumps FCC’s TV Joint Sales Agreement Rule

    The Federal Communications Commission cannot curtail TV stations' ability to make joint sales agreements to avoid a ban on owning more than one station in a local market, the Third Circuit ruled Wednesday, because the regulator extended ownership rules without reviewing them first.

  • May 25, 2016

    Fattah Knew Of Illegal Loan Repayment Scheme, Jury Hears

    Rep. Chaka Fattah, D-Pa., knew that money from a nonprofit educational organization he controlled was used to repay an illegal $1 million loan made to his ill-fated Philadelphia mayoral campaign, a political consultant and cooperating witness told a jury on Wednesday.

  • May 25, 2016

    Pa., DC Seek Fees For Roles In Staples Merger Case

    Pennsylvania and the District of Columbia are looking to recoup nearly $200,000 worth of legal fees under a Clayton Act provision for their work alongside the Federal Trade Commission in the case that ultimately blocked Staples' planned $6.3 billion merger with rival Office Depot, according to a Tuesday court filing.

  • May 25, 2016

    Turner Halts $5.3M FBI Contract Suit Amid Transfer Row

    A Pennsylvania federal court Wednesday agreed to stay a subcontractor’s $5.3 million suit accusing Turner Construction Co. of breaching an FBI building contract and suggested the case belongs in West Virginia, where Turner filed an earlier suit.

  • May 25, 2016

    Carlyle To Trim Stake In Axalta Through $702M Share Sale

    The Carlyle Group plans to shed another large stake in Axalta Coating Systems Ltd. with an offering that could raise up to $702.8 million and drop the private equity giant’s stake in the company below 20 percent, the automotive and industrial coatings company said Tuesday.

  • May 25, 2016

    Horizon Weighs In For Paytime In 3rd Circ. Data Dispute

    A previous decision by the Third Circuit requiring data breach victims to show concrete injury should lead the appellate court to affirm dismissal of claims against Paytime Inc. by a proposed class of workers over a 2014 hack, Horizon Healthcare Services said in a support brief Tuesday.  

Expert Analysis

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Insurers Shouldn't Overreach In Gov't Investigations

    Nicholas P. Basco

    Insurance companies should be careful not to coordinate too closely with state agencies when assisting on insurance fraud investigations, so as to prevent possible civil rights and constitutional claims from individuals who may be investigation targets, like in Patel v. Allstate at the Third Circuit, says Nicholas Basco at Bressler Amery & Ross PC.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Recent State And Local Tax Developments In Pennsylvania

    James R. Malone Jr.

    The past six months have brought a number of significant state and local tax cases with wide-ranging effects on businesses and individuals in Pennsylvania, including cases on the corporate net income tax, the Public Utility Realty Tax Act and the Local Tax Enabling Act, among others, says James Malone at Post & Schell PC.

  • Transgender Bathroom Debate: What's The Deference?

    Jim S. McNeill

    The issue of whether an individual has a right under federal law to use the bathroom or locker room corresponding to their gender identity has spurred multiple lawsuits throughout the country. However, the legal arguments underpinning the opposing sides of the debate are relatively straightforward and answers to the questions posed may come from an unusual source, say Jim McNeill and Peter Stockburger at Dentons.