Pennsylvania

  • December 11, 2017

    Ex-Pa. Lawmaker Avoids Prison In Gambling Ring Scheme

    Marc Gergely, a former Pennsylvania state lawmaker who stepped down from his seat last month, was sentenced on Monday to 18 months of house arrest after pleading guilty on charges that he helped support an illegal Pittsburgh-area gambling ring.

  • December 11, 2017

    Environmental Co. Prez Charged With Illegal Waste Disposal

    Pennsylvania’s attorney general on Monday announced felony charges against the president of a Chester County environmental testing company for illegally storing and disposing of hazardous waste.

  • December 11, 2017

    Pa. Appeals Court Kills Bid To Revive EQT Royalty Claims

    A Pennsylvania appeals court on Friday shot down efforts by a pair of landowners to revive claims that they were denied the full value of royalty payments they say they're owed under a contract allowing an EQT Corp. unit to drill for natural gas below their property.

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Prudential Denied Quick Win In Beneficiaries' ERISA Suit

    A Pennsylvania federal judge issued a mixed ruling in a suit accusing Prudential Insurance Co. of violating the Employee Retirement Income Security Act, granting the beneficiaries a win on their breach of fiduciary duty claim but throwing out state law claims and leaving the alleged ERISA violation up to a jury.

  • December 8, 2017

    Aide To Pa. Congressman Admits Guilt In Campaign Probe

    A former political consultant for U.S. Rep. Bob Brady, D-Pa., pled guilty Friday to making a false statement to the FBI, following his indictment in a scheme involving an illicit $90,000 campaign contribution to Brady’s rival in a 2012 congressional primary that prompted him to exit the race.

  • December 8, 2017

    Strip Club Stonewalling Wage Suit, Dancer Says

    The exotic dancer behind a proposed class action that alleged Penthouse Club Philadelphia misclassifies its dancers as independent contractors and has denied them wages asked a Pennsylvania federal court Thursday to sanction the club, saying it hasn't responded to her requests for evidence.

  • December 8, 2017

    Feds, SEC Say Broker Raised $2M In 25-Year Ponzi Scheme

    Federal prosecutors and the U.S. Securities and Exchange Commission charged a broker with running a $2 million Ponzi scheme in Pennsylvania federal court Thursday, saying Paul W. Smith fleeced investors over 25 years and cost victims more than $800,000 when the scheme collapsed.

  • December 8, 2017

    The 5 Biggest Insurance Decisions Of 2017

    Washington state's highest court surprised the insurance industry this year when it ruled that a pollution exclusion doesn't negate liability coverage if negligence is the primary cause of a loss, while other courts clarified the standards for holding insurance carriers liable for bad faith and how insurers can preserve their rights to assert coverage defenses. Here, Law360 recaps five insurance decisions that made waves in 2017.

  • December 7, 2017

    Some State, Local Cellphone Taxes Could Top 40%: Report

    The taxes, fees and surcharges that are tacked onto monthly cellphone bills will hit record levels next year, the Tax Foundation said Thursday, as impending increases could push the tax bite on a typical family plan to as high as 40 percent of the total bill in some locations.

  • December 7, 2017

    LuLaRoe Customers Seek Class Treatment In Sales Tax Spat

    Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge Wednesday to grant them class status.

  • December 7, 2017

    Pa. Appeals Court Revives Medical Practice Ownership Fight

    In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.

  • December 7, 2017

    Atty Can't Escape Charges In Allentown Pay-To-Play Scheme

    A Pennsylvania federal judge Thursday refused to dismiss the corruption charges against a Norris McLaughlin & Marcus PA attorney who was charged alongside the mayor of Allentown in an indictment detailing a pay-to-play scheme. 

  • December 7, 2017

    Pa. Auditor General Rips Philly Parking Authority Board

    The board of the Philadelphia Parking Authority failed to properly oversee the tenure of a former executive director who ran the agency like a personal fiefdom before resigning in 2016 amid sexual harassment allegations, according to two separate reports released Thursday by Pennsylvania's auditor general.

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

  • December 7, 2017

    Ex-NJ Atty Can't Beat Prison Term In $40M Fraud Scheme

    The Third Circuit on Thursday upheld the four-year prison term handed down to a former New Jersey attorney this year for his admitted role in a $40.8 million mortgage fraud scheme, saying that a district court properly justified giving him a longer sentence than a co-conspirator.

  • December 7, 2017

    Fed. Reform Means Scores Of Tax Decisions Await States

    A swift march toward tax reform by the U.S. Congress means state legislatures, which gavel in next month, will be faced with responding to a giant overhaul of the federal tax code.

  • December 6, 2017

    3rd Circ. Rejects Redo Of DuPont $176M Price-Fixing Claims

    The Third Circuit Tuesday declined Valspar Corp.’s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.

Expert Analysis

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Pennsylvania NOL Cap Ruling Presents Taxpayer Challenges

    Jeffrey Friedman

    The Pennsylvania Supreme Court recently held that the state’s flat $3 million cap on net operating loss carryforwards violates the state constitution’s uniformity clause. While the court’s reasoning is based upon the application of a Pennsylvania constitutional provision, it may be applicable to other states that have net operating loss carryforward caps, say attorneys with Eversheds Sutherland LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.