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Pennsylvania
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February 23, 2024
US Trustee Objects To Rite Aid Disclosure Statement
The U.S. Trustee's Office has flagged what it called "objectionable" proposals from Rite Aid to hold post-confirmation votes on some Chapter 11 plan releases, as well as shortening senior secured voting and preemptively deeming unsecured creditors as detractors.
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February 23, 2024
US Gun Cos. Seek Time For Justices' Input On Mexico's Suit
Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.
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February 23, 2024
Pa. Dentist Hit With $11M Verdict In Cancer Patient's Suit
A Pennsylvania jury has awarded an $11 million verdict to a woman who claimed her dentist failed to promptly send her for a biopsy of a sore in her mouth that eventually developed into Stage IV cancer, her attorneys announced Friday.
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February 23, 2024
Ex-Metals Co. Exec Says He Was Denied Promised Bonuses
A former vice president for finance and administration at a Pennsylvania metals company told a state court that he was promised yearly performance-based bonuses of about $20,000, but was thwarted by the company's lack of goals and its claim that it wasn't performing well enough even as other employees got bonuses.
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February 23, 2024
Workers Snag Partial Win On Tip Notice Dispute With Denny's
It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.
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February 22, 2024
Ex-Capital One Analyst Faces 2 Years For Insider Trading
A former Capital One data analyst was sentenced to two years in prison after pleading guilty to his role in a complex $3.1 million scheme to use his employer's credit card transaction data to guess revenue numbers public companies were poised to announce.
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February 22, 2024
IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats
Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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February 22, 2024
Survey Website Must Clearly Say It's Selling Customers' Info
The Pennsylvania Attorney General's Office on Thursday announced a settlement with a Colorado company that was allegedly selling the information of visitors to its website to telemarketers without disclosing what it was doing.
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February 22, 2024
YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory
A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.
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February 22, 2024
3rd Circ. Won't Protect AbbVie's Atty-Client Communications
The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.
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February 22, 2024
Ex-Philly Union Manager's Allies Get Embezzlement Sentences
Three co-defendants of former Philadelphia union leader John "Johnny Doc" Dougherty have been sentenced for their participation in an embezzlement scheme spearheaded by the former International Brotherhood of Electrical Workers Local 98 business manager.
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February 22, 2024
Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner
Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.
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February 22, 2024
Disbarred Pa. Attorney Faces Forgery, Tampering Charges
A disbarred Pennsylvania attorney now faces criminal charges for allegedly presenting fake court documents to clients with forged signatures of judges while pretending to litigate dismissed lawsuits.
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February 22, 2024
Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say
Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.
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February 22, 2024
Steptoe & Johnson Adds Enviro Atty In Pittsburgh
An attorney with more than 30 years of experience carrying out policy initiatives with the U.S. Environmental Protection Agency has moved to private practice at Steptoe & Johnson PLLC's Pittsburgh office, where she hopes to further environmental justice progress by guiding responsible economic development projects with industry clients.
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February 21, 2024
3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker
The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.
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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
Talen Energy Strikes $20M Deal To End Unpaid Pensions Suit
A group of Talen Energy Corp. retirees urged a Pennsylvania federal judge Wednesday to give the initial green light to a $20 million deal that would shutter their suit alleging the company withheld early retirement benefits from workers following a company spinoff.
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February 21, 2024
Pa. Justices Clarify Timing For Oil & Gas Accounting Claims
The Pennsylvania Supreme Court on Wednesday said the statute of limitations for filing accounting claims related to oil and gas royalties is six years, definitively putting a time limit on such claims in a way that had not previously been spelled out.
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February 21, 2024
Pa. High Court Returns Insurer's Status Question To 3rd Circ.
The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.
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February 21, 2024
Irish Pub Chain's Ex-CFO Gets 1.5 Years For $1M Tax Fraud
The former chief financial officer of a pub chain with more than a dozen Irish-themed restaurants was sentenced to one and a half years in prison Wednesday by an Ohio federal court for his role in a bookkeeping scheme that defrauded eight states of $1 million in sales taxes.
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February 21, 2024
Morgue Manager's Wife Cops To Role In Body Part Sales
The wife of a Harvard University morgue manager will cop to interstate transport of stolen goods for her role in the alleged scheme to steal and sell human remains to a nationwide network, prosecutors said Wednesday.
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February 21, 2024
Drexel U Dodges Expanded 'Intentional Interference' Claims
The Supreme Court of Pennsylvania ruled Wednesday that at-will employees can sue for intentional interference with their employment relationships under state law, but said a former Drexel University accountant who had brought the case before them fell short of showing her supervisor was acting as a third party under the new tort.
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February 21, 2024
Rite Aid Gets OK To End Former Queens Store Lease
Rite Aid Corp. was given permission Wednesday to reject a lease and sublease for a former store in Queens, New York, after a New Jersey bankruptcy judge found that doing so would benefit the debtor's estate.
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February 21, 2024
3rd Circ. Kicks Data Privacy Suit Against Penn To State Court
A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.
Expert Analysis
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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The Role Record-Keeping May Play In TCPA Class Cert.
Two recent federal court decisions highlight that the viability of the established business relationship exemption for defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company's record-keeping and policies, says Samantha Duke at Rumberger Kirk.
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Expect The Patchwork Of AI Regulation To Grow
Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Pa. Ruling Sheds New Light On Ch. 9 Eligibility Requirements
A Pennsylvania bankruptcy court’s recent ruling that the city of Chester qualified for municipal bankruptcy relief provides insight into the finer points of Chapter 9 eligibility, including the requirements for debtor insolvency, state law authorization and good faith negotiation, say attorneys at Cadwalader.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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5 Tips For Filing Gov't Notices After Insurance Producer M&A
As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.