• October 18, 2017

    Pa. Panel Mulls If Towns Can Regulate Pipeline Locations

    An en banc panel of the Pennsylvania Commonwealth Court on Wednesday expressed skepticism at Sunoco Pipeline LP’s arguments that two municipalities were preempted from imposing any restrictions on the path of natural gas pipelines, in the latest battle over the company’s controversial Mariner East 2 pipeline.

  • October 18, 2017

    Wider Liability At Stake In Hepatitis Row, Pa. Justices Told

    The University of Pittsburgh Medical Center warned Pennsylvania’s highest court on Wednesday that employers could face broad new liabilities if it was allowed to be held accountable after a technician who was fired for stealing fentanyl syringes later spread hepatitis at another hospital where he worked.

  • October 18, 2017

    PE-Backed Water Treatment Co. Launches $500M IPO

    Private equity-backed water treatment systems and services company Evoqua Water Technologies launched an estimated $500 million initial public offering on Wednesday, advised by Fried Frank Harris Shriver & Jacobson LLP.

  • October 18, 2017

    3rd Circ. Revives Eyedrop Users' Action Over Dosage Size

    The Third Circuit on Wednesday revived a putative class action accusing Merck and other drug companies of boosting eyedrop sales by using bottles that dispense larger-than-needed doses, saying the suing consumers had shown harm and did have standing.

  • October 18, 2017

    3rd Circ. Says Investors' Atty Hid Info, Buries $30M Award

    The Third Circuit determined Wednesday that a New Jersey bankruptcy court was right to throw out a $30 million judgment against a Wall Street stockbroker accused of fraud, saying in its precedential ruling that the investors’ attorney had deliberately withheld key information about a separate settlement.

  • October 18, 2017

    $12B Medicaid Procurement Flawed, Pa. Appeals Court Hears

    Lawyers for a set of health insurance providers on Wednesday challenged Pennsylvania’s Department of Human Services’ handling of a $12 billion procurement process to administer the state’s Medicaid program before the state’s Commonwealth Court, focusing on an allegedly improper meeting that bid winner Centene Corp. held with department executives.

  • October 18, 2017

    Ex-Army Contractor CFO Gets Probation In $6M Humvee Fraud

    The former chief financial officer of a Pennsylvania company that makes accessories for military vehicles was sentenced Tuesday to three years of probation and six months of house arrest for his role in defrauding the U.S. Department of Defense in a $6.1 million overbilling scheme involving Humvee escape windows.

  • October 18, 2017

    Pa. Justices Told Frack Rule Ban Imperils Protection Efforts

    A judge’s temporary block on a set of controversial new rules governing operations at sites of hydraulically fractured natural gas wells is jeopardizing efforts by Pennsylvania regulators to protect public health and environmental integrity, the state’s Supreme Court heard during oral arguments Wednesday in Pittsburgh.

  • October 17, 2017

    3rd Circ. Backs Daily News, TMZ In Libel Suit

    The Third Circuit on Tuesday affirmed that several media outlets including the New York Daily News and TMZ Productions Inc. did not commit libel when they reported on a New Jersey woman’s purported involvement in an illicit drug and prostitution ring, allegations that she was later cleared of.

  • October 17, 2017

    Reckitt Benckiser Dodges States’ Suboxone Case

    A month after a Pennsylvania federal judge refused to throw out antitrust claims brought by more than 40 states accusing U.K.-based Indivior Inc. of delaying the introduction of generics of its opioid addiction treatment Suboxone, he let its former sister company Reckitt Benckiser Healthcare escape the litigation Tuesday.

  • October 17, 2017

    Cozen Reps Rodman In $129M Purchase Of 7 Pa. Properties

    The real estate and corporate law practices at Cozen O’Connor said Tuesday they had guided real estate firm Rodman Properties Inc. in its $129 million acquisition of a seven-property portfolio of multifamily properties in Pennsylvania.

  • October 17, 2017

    PennDOT Can Be Held Liable In Crash Suit, Pa. Justices Told

    A Pennsylvania couple urged the state's highest court Tuesday to bar the Pennsylvania Department of Transportation from skirting liability for injuries they suffered after their car hit a guardrail they say was negligently installed, arguing that exceptions to sovereign liability should apply to more than just dangerous roadway conditions.

  • October 17, 2017

    Pa. Justices Consider Awarding Fees In Departed Atty Suit

    Members of Pennsylvania’s highest court hearing a dispute between Meyer Darragh Buckler Bebenek & Eck PLLC and Malone Middleman PC suggested Tuesday that principles of equity warranted allowing an unjust enrichment claim over fees from a case an attorney took with him as he jumped from one firm to the other.

  • October 17, 2017

    Philly Politicians Flay Soda Tax At Senate Hearing

    A pair of Philadelphia politicians railed against the city’s controversial sweetened beverage tax in a Pennsylvania Senate hearing Tuesday, suggesting that the goals of expanding pre-K and upgrading parks and recreation centers should be funded instead by sustaining the current wage tax.

  • October 17, 2017

    Philly Man Cops To Bribing Transit Authority For Biz Permit

    A Philadelphia man pled guilty in federal court Monday to offering a bribe to an undercover FBI agent to expedite a certification from the Southeastern Pennsylvania Transit Authority for the business he operated with his wife, who has also been charged.

  • October 17, 2017

    Rep. Who Cut DEA Powers Out As Trump's Drug Czar Pick

    President Donald Trump on Tuesday said his pick to lead the Office of National Drug Control Policy has backed out of the position, two days after media reports revealed the congressman had pushed legislation gutting the U.S. Drug Enforcement Administration's ability to target misbehaving opioid distributors.

  • October 16, 2017

    Pa. Med Board Erred In Nixing License Reinstatement: Court

    A Pennsylvania appeals court on Monday overturned a state medical board's rejection of a physician assistant's bid to reinstate his license, saying the man had successfully completed a drug treatment program that effectively vacated his criminal drug conviction.

  • October 16, 2017

    Ex-Pa. Rep. Staffer's Malicious Prosecution Suit Axed

    The Third Circuit agreed on Monday that repeated findings of probable cause against an ex-Pennsylvania legislative staffer negated his claim that he was maliciously prosecuted by the state’s former attorney general for his alleged role in a scandal over the use of taxpayer money to purchase campaign-related technology.

  • October 16, 2017

    Valspar Asks 3rd Circ. To Rethink 'Impossible' Price-Fixing Bar

    Valspar Corp. asked the Third Circuit to rehear en banc its bid to revive a $176 million lawsuit against DuPont, arguing Friday the panel strayed from precedent with a standard that would make it “virtually impossible” for a price-fixing suit against an oligopoly to survive summary judgment.

  • October 16, 2017

    15 AGs Say Transgender Military Ban Is 'Unconstitutional'

    A D.C. federal court should halt the Trump administration’s plan to reinstate an unconstitutional ban against transgender members of the military, as it would discriminate against capable recruits without providing any proven benefits to the armed forces, 15 state attorneys general argued Monday.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.

  • Why Uber Drivers' On-Call Waiting Time May Be Compensable

    Thomas Dickerson

    A federal judge in Pennsylvania recently ruled that Uber drivers are "tethered to their phones while online," and that such "on-call" time may be compensable under federal law. The judge’s analysis is instructive on the issue of whether Uber drivers are employees or independent contractors, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Financial Crisis Anniversary

    Post-Crisis AG Enforcement Is Just The Beginning

    Douglas Gansler

    State attorneys general have worked with the Consumer Financial Protection Bureau, other federal agencies and each other to take on issues deemed to be the fallout of the financial crisis that started 10 years ago. But unlike the CFPB, the jurisdiction of which is limited, the AGs have assumed a wider reach, say former Maryland Attorney General Douglas Gansler and Michelle Rogers of Buckley Sandler LLP.