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Pennsylvania

  • June 13, 2018

    LLR Partners Taps Latham & Watkins For $1.2B PE Fund

    Lower middle market private equity firm LLR Partners, with help from legal adviser Latham & Watkins LLP, has clinched a $1.2 billion fund that will invest in companies within the realms of education, fintech, health care, security and software, according to a Wednesday statement.

  • June 12, 2018

    3rd Circ. Unconvinced Hertz Execs' 'Bad Tone' Indicated Fraud

    A Third Circuit panel on Tuesday pressed two pension funds to show why Hertz Global Holdings Inc.’s misrepresentations about its financial status were intentionally misleading, as they alleged in their securities fraud class action, and not merely the result of mismanagement.

  • June 12, 2018

    FCC's O'Rielly Says Apps May Justify Telecom Rule Rollback

    Federal Communications Commission member Michael O'Rielly said Tuesday the agency should consider deregulating traditional telecoms to give them a chance to compete with the rise of unregulated messaging apps like Facebook Messenger and WhatsApp or ask lawmakers to give the FCC the power to impose rules on the popular services.

  • June 12, 2018

    Jury Deadlocks In Pa. Public Defenders' Age-Bias Suit

    A Pennsylvania federal jury has deadlocked over allegations the Allegheny County Office of the Public Defender passes over older attorneys for promotions and assigns them undesirable work, resulting in a mistrial.

  • June 12, 2018

    3rd Circ. Upholds Medical Center's Win In Whistleblower Row

    The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.

  • June 12, 2018

    Pa. Appeals Court Won't Rehear Fracking Trespass Case

    A Pennsylvania appeals court has shot down a bid from Southwestern Energy Co. for reconsideration of a decision greenlighting trespassing claims against it for allegedly tapping into natural gas trapped in rock formations beneath a property where it did not have a claim on subsurface rights.

  • June 12, 2018

    Pa. Atty Suspended After Guilty Plea In Gambling Scheme

    A Pennsylvania attorney has agreed to a suspension of his law license following a guilty plea last year on misdemeanor charges stemming from allegations that he aided a state lawmaker to support an Allegheny County illegal gambling ring.

  • June 12, 2018

    Hospital Plaza Transfer Sank PE Firm's Deal, 3rd Circ. Told

    A private equity firm on Tuesday urged the Third Circuit to revive its $5 million case against a New Jersey hospital over the firm's would-be acquisition of a medical plaza under foreclosure, arguing that an ownership transfer that sank the sale ran afoul of the purchase deal.

  • June 12, 2018

    Pa. Panel Upholds Hospital Win In Patient Death Suit

    A Pennsylvania appeals panel has upheld a hospital’s win in a malpractice trial in which the estate of a woman with fall injuries and intestinal issues alleged more should have been done to save her life, finding the trial judge was correct in withholding certain expert testimony.

  • June 12, 2018

    Bill To Pay Landowners For Fracking Ban Heads To Pa. Senate

    A Pennsylvania Senate committee gave its approval on Tuesday to a bill that would treat a proposed permanent ban on hydraulic fracturing in the Delaware River basin as an act of eminent domain entitling landowners to compensation for lost opportunities to lease their properties for drilling.

  • June 12, 2018

    Pa. Atty Suspended For Conflict In Campus Sex Assault Case

    A Pennsylvania attorney has been hit with a one-year suspension for representing a Swarthmore College student accused of sexual assault after he previously represented a leader of a group of anti-sexual assault activists at the school, which he then referred to as an "angry feminist cabal" after switching sides.

  • June 11, 2018

    Securities Fraud Class Actions Must Be Curtailed, Attys Say

    Class action securities fraud suits have proliferated in recent years, a trend that’s harming U.S. businesses, investors and the economy, and it needs to be reversed, a panel of defense attorneys said at an event Monday in Lafayette Hills, Pennsylvania.

  • June 11, 2018

    DOL Inks Deal To End Prevailing Wage Review Challenge

    The U.S. Department of Labor has admitted to erroneously approving improperly low pay to H-2B guest workers for a Philadelphia-area landscaping company as part of a deal to end class claims challenging the propriety of the process for employers to fight prevailing wage decisions.

  • June 11, 2018

    Justices Won't Weigh Rest Break Pay, Pfizer Unit Bias Suit

    The U.S. Supreme Court on Monday declined to review the Third Circuit's ruling that workers must be paid for breaks of 20 minutes or less under the Fair Labor Standards Act, while also turning away an appeal of a Fifth Circuit ruling in a bias suit against a Pfizer unit.

  • June 11, 2018

    Merck Urges Justices To Review Fosamax MDL Revival

    Merck has told the U.S. Supreme Court that a brief by the U.S. solicitor general bolsters its bid to reverse a Third Circuit decision reviving multidistrict litigation over its alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • June 11, 2018

    No New Trial For $1.4M Wegmans Tax Suit, 3rd Circ. Says

    The Third Circuit has found Tax Matrix Technologies LLC is not entitled to a new trial over claims that Wegmans Food Markets Inc. owes it $1.4 million for a sales and use tax audit defense project after a jury awarded Tax Matrix some $350,000 in damages.

  • June 11, 2018

    Pa. Atty Again Loses Bid For Review Of Disbarment In Fla.

    The U.S. Supreme Court on Monday denied a rehearing for a disbarred Pennsylvania-based attorney who claimed the state of Florida was wrong to move forward with disbarment, even after learning that he hadn't received the notices of disciplinary proceedings against him.

  • June 11, 2018

    Wheelabrator, Honeywell Settle Pa. Asbestos Coverage Row

    Honeywell International Inc., Wheelabrator Technologies Inc. and another company have inked a deal to end finger-pointing about indemnification responsibilities for a trio of asbestos cases being pursued by former workers at a Pennsylvania facility that Wheelabrator purchased in the 1980s.

  • June 11, 2018

    High Court Won't Hear Pa. Malicious Prosecution Suit

    The U.S. Supreme Court declined Monday to hear an appeal brought by an ex-Pennsylvania legislative staffer after the Third Circuit ruled he could not pursue claims 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.

  • June 11, 2018

    Supreme Court Won’t Review Nextel’s $3.9M Tax Refund Suit

    The U.S. Supreme Court said Monday it would not hear an appeal from Nextel Communications asking the court to find whether it was entitled to a $3.9 million refund following the Pennsylvania Supreme Court’s saying a law limiting business losses violated the state constitution.

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.