• November 25, 2015

    Investors Sue RAIT, Trustees After $21M SEC Settlement

    A shareholder of RAIT Financial Trust sued the Philadelphia-based real estate investment trust and its trustees in state court Monday, saying they were aware of a subsidiary’s practice of pocketing fees that led to a recent $21.5 million SEC settlement, but a deal to resolve the dispute is forthcoming.

  • November 25, 2015

    MedTel Found In Contempt Again In Heart Monitor IP Fight

    A Pennsylvania federal judge on Monday issued a second order finding heart monitoring company MedTel24 Inc. in contempt of a consent judgment in a patent infringement case brought by CardioNet LLC, but he stopped short of issuing sanctions against it.

  • November 25, 2015

    Aetna Pushes For Sanctions In Surgery Center Kickback Suit

    Aetna on Wednesday asked a Pennsylvania federal court to sanction Foundation Surgery Affiliates LLC and its attorneys from Buchanan Ingersoll for allegedly lying to the court about its practices when fighting the insurer’s suit accusing the surgical center of running a patient referral kickback scheme.

  • November 25, 2015

    PNC Mortgage Loan Officers Nab Certification In Wage Suit

    A Pennsylvania federal judge on Wednesday conditionally certified a collective action in a lawsuit accusing PNC Bank NA of failing to pay its mortgage loan officers adequate overtime and of not paying them for all the hours they worked.

  • November 25, 2015

    Web Users Say 3rd Circ. Wrongly Axed Google Privacy Claims

    A group of Web users urged the Third Circuit on Monday to reconsider its recent dismissal of privacy violation claims against Google, saying the search engine violates federal wiretap laws by surreptitiously bypassing privacy settings for Internet browsers.

  • November 25, 2015

    Pa. AG Says Special Prosecutors Will Probe Porn Emails

    Pennsylvania's attorney general said Wednesday she would appoint a team of special prosecutors to probe whether a chain of pornographic and other offensive emails swapped by government officials including a sitting state Supreme Court justice violated any criminal, civil or ethics laws in the state.

  • November 25, 2015

    Pa. High Court Won't Reinstate Atty Disbarred Over Fraud

    The Pennsylvania Supreme Court has refused to reinstate the license of a personal injury attorney who was disbarred following convictions on tax and health care fraud charges.

  • November 25, 2015

    3rd Circ. Won’t Rethink Patent Atty's ERISA Suit

    The Third Circuit wasn’t swayed Tuesday by claims that the panel mixed up precedent by concluding that a patent attorney waited too long to bring his Employee Retirement Income Securities Act suit accusing the Webb Law Firm PC of misclassifying him.

  • November 25, 2015

    Sandusky Seeks Report On Potential Grand Jury Leaks

    Former Pennsylvania State University assistant football coach and convicted sexual predator Jerry Sandusky petitioned Tuesday to gain access to a special report over potential leaks from the grand jury tasked with investigating him prior to his indictment, saying he believes the sanctity of the grand jury process was breached.

  • November 25, 2015

    Pa. Judge Allows Town's Gas Drilling Ordinance To Stand

    A Pennsylvania state court judge has upheld a Butler County municipality’s zoning ordinance allowing natural gas drilling in a number of areas, in a case that prompted a developer to sue the environmental groups raising opposition to the measure.

  • November 25, 2015

    Pa. Senate OKs Bill Legalizing Lyft, Uber

    The Pennsylvania Senate approved a bill Wednesday that would legalize ride-hailing services like those offered by Uber Technologies Inc. and Lyft Inc. statewide, including in Philadelphia, where they are currently banned.

  • November 25, 2015

    Pa. Sen. Committee Recommends Hearing To Oust AG

    A special Pennsylvania Senate committee found Wednesday that there was sufficient basis to move forward with proceedings to weigh removal of the state’s embattled attorney general from office after her law license was suspended in the wake of criminal charges.

  • November 24, 2015

    IRS Won't Challenge Loss Over $24M LifeCare Sale Tax Bill

    The federal government told the Third Circuit on Monday that it has decided not to pursue its challenge over LifeCare Holdings Inc.'s $320 million bankruptcy sale to Carlyle Group LP that purportedly stiffed the Internal Revenue Service for $24 million in capital gains taxes.

  • November 24, 2015

    Pa. Judge Denies Appeal Of Spector Gadon Malpractice Win

    A Pennsylvania federal judge on Monday refused to allow an ex-CEO to appeal a verdict upholding Spector Gadon & Rosen PC’s win in a malpractice suit over a $1 million settlement with his former employer, saying a claim is still pending.

  • November 24, 2015

    R&Q Fights Transfer Of $8M Asbestos Reinsurance Dispute

    R&Q Reinsurance urged an Illinois federal court Tuesday to deny a Travelers subsidiary's bid to transfer to Pennsylvania a dispute over whether R&Q must pay the insurer more than $8 million on asbestos claim payouts, pointing out that the parties' reinsurance agreement was executed in Chicago.

  • November 24, 2015

    3rd Circ. Adopts Test To Evaluate Meal Breaks Under FLSA

    The Third Circuit in a split ruling Tuesday upheld a lower court’s decision to dismiss a lawsuit filed by Pennsylvania prison guards, adopting for the first time a test to determine whether a meal period is compensable under the Fair Labor Standards Act.

  • November 24, 2015

    Pa. Opinion On BJ’s Sales Tax Can’t Be Appealed, Court Says

    A group of BJ’s Wholesale Club customers on Tuesday lost their bid for a Pennsylvania appellate court to review the state Revenue Department’s finding that the retailer correctly assessed sales tax on the regular price of discounted items, when the court found there's no avenue to appeal the advisory board opinion at issue.

  • November 24, 2015

    Pa. Justice Email Probe Can't Skip To Court, Board Says

    Pennsylvania’s judicial investigative body on Tuesday refused to pass on determining whether allegedly offensive emails exchanged by state Supreme Court Justice Michael Eakin violated judicial ethics rules, rejecting his request to send the matter directly to a disciplinary court.

  • November 24, 2015

    Burleson Closure Reveals Downside To Boom-Fueled Growth

    Monday’s sudden announcement that Burleson LLP would be closing its doors at the end of 2015 highlights the wide-reaching impact of the ongoing downturn in energy prices and should serve as a warning to firms considering rapid growth.

  • November 24, 2015

    Travelers Says Insurer's Bad Faith Led To $36M Verdict

    Travelers told a Pennsylvania federal court Tuesday that excess insurer American Guarantee and Liability Insurance Co. should have to reimburse its costs to defend Wesco Distribution Inc. in an underlying product liability action, arguing that AGLIC's refusal to settle the case led to a $36 million jury verdict.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Nursing Home Arbitration Agreements Attacked From All Sides

    Norman Tabler Jr.

    Arbitration agreements in all consumer areas appear to be under attack. But the most venomous attacks are reserved for those that accompany nursing home admission forms, says Norman Tabler Jr., counsel with Faegre Baker Daniels LLP and former general counsel of Indiana University Health.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Grains, Heaps And Risk Factors In Pa. Asbestos Litigation


    Creating a rule in asbestos litigation whereby plaintiffs win with a heap of evidence, but lose with just grains of evidence, ends with competing arguments about heaps and grains that cannot be rationally resolved. Bringing risk factor epidemiology into the mix further confuses the matter, as demonstrated in the recent Pennsylvania district court decision in Mortimer v. A.O. Smith Corp., says David Oliver at Vorys Sater Seymour and Pease LLP.

  • Ins And Outs Of US Trusted Traveler Programs


    U.S. Customs and Border Protection announced in November plans to expand to citizens of the United Kingdom the benefits of the Global Entry program, which permits expedited processing through CBP upon arrival to the United States. Effective Dec. 3, 2015, the expansion represents the latest step in allowing U.S. immigration and security officials to focus on higher-risk travelers, say attorneys with Mayer Brown LLP.

  • Zigzag On Zeig: When Is Exhaustion Really Exhaustion?

    Simone R. Bonnet

    The outcome of a dispute over primary policy exhaustion turns on some combination of policy language and public policy concerns, but the relative weight given to each of these factors seems to vary between states and jurisdictions, or even within a single jurisdiction, based on court interpretations of the influential Zeig v. Massachusetts Bonding & Insurance decision, says Simone Bonnet at Sidley Austin LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • State Statutes May Stymie Arbitration Of R&W Disputes

     Michael J. Gill

    There is a potential trap for parties choosing to arbitrate representations and warranties insurance disputes. In some jurisdictions, the parties to an R&W insurance policy may be unable to enforce the arbitration provision because of state laws. There is some good news, however, say Michael Gill and Alexandra Newman at Mayer Brown LLP.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • OPINION: We're Still Failing Our Vets

    Lisa W. Borden

    In recognition of Veterans Day, flags were flown, green light bulbs glowed, parades were organized, and ceremonies were observed. It's right that we should honor the vital contributions of the military veterans we consider heroes. But the truth is that we are failing veterans on a massive scale, says Lisa Borden, pro bono shareholder for Baker Donelson and a member of the Association of Pro Bono Counsel.