Pennsylvania

  • June 14, 2021

    Glenmark, Teva In No Rush For January 2022 Criminal Trial

    Glenmark and Teva want a Pennsylvania federal judge to reject the U.S. Department of Justice's proposed January 2022 trial date for criminal price-fixing charges against the generic drugmakers, arguing there's "no reason to rush" the complicated case.

  • June 14, 2021

    Cash Co. Receiver Seeks To Stall Eckert Malpractice Suit

    A court-appointed receiver for a cash-advance business wants to pause legal malpractice claims against Eckert Seamans Cherin & Mellott LLC for allegedly helping steer investors toward the business he's overseeing while it faces fraud claims from the U.S. Securities & Exchange Commission.

  • June 14, 2021

    Uber Drivers Covered By FAA Exemption, NJ Court Told

    A former Uber driver has called on a New Jersey federal judge to shoot down the ride-hailing giant's bid to kick his wage and hour class claims out of court and instead declare that the company's drivers are exempt from arbitration under the Federal Arbitration Act as workers engaged in interstate commerce.

  • June 14, 2021

    Rising Star: Berger Montague's Camille Fundora Rodriguez

    Camille Fundora Rodriguez of Berger Montague has racked up six and seven-figure settlements on behalf of scores of workers who say they were underpaid, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 14, 2021

    Ex-Panera Worker Says Boss E-Signed Arbitration Doc For Her

    A former Panera Bread employee who claims that Christian co-workers discriminated against her pagan religious beliefs told a Pennsylvania federal court Monday that she couldn't have personally signed an arbitration agreement because she was already on a bus to her home at the time a manager submitted the paperwork.

  • June 11, 2021

    Quest Diagnostics Escapes Amazon Temp Worker's Pot Suit

    Quest Diagnostics doesn't have to face a lawsuit brought by a temporary Amazon employee who was not hired for a permanent position after failing a drug test, a Pennsylvania federal judge ruled on Friday, saying Quest had no duty to report his medical marijuana license to his employer.

  • June 11, 2021

    3rd Circ. Cuts Oral Arguments On Player's Settlement Denial

    A Third Circuit panel abruptly called off oral arguments set for later this month in an appeal by a former National Football League player demanding more transparency on whether his initially approved concussion settlement payout was ultimately denied because of the controversial use of "race-norming" to assess payout claims.

  • June 11, 2021

    Meet The Judge Overseeing The 1st Opioid Jury Trial

    Jerry Garguilo, the son of a family of bakers, fantasized about being a judge since his law school days at Duquesne University in Pennsylvania, although it was a dream he never voiced aloud.

  • June 11, 2021

    GOP Senators Lack Standing In Fracking Suit

    Pennsylvania Republican legislators have no standing to challenge the Delaware River Basin Commission's ban on hydraulic fracturing within the four-state watershed, a Pennsylvania federal judge ruled Friday.

  • June 11, 2021

    3rd Circ. Blasts 'Unlawyerly' Conduct In Farmer's Enviro Suit

    An Erie County, Pennsylvania, farmer whose former attorney frustrated a federal court with late and overlong filings won't get a second chance to defend himself for filling in protected wetlands, after the Third Circuit on Friday upheld the tossing of his ex-lawyer's brief.

  • June 11, 2021

    Pa. Law Firm Sued Over Breach Of Estate Settlement

    A federal lawsuit accuses a central Pennsylvania law firm of misrepresenting the estates of two sisters and causing their families to receive just a fraction of the more than $1 million of combined inheritance money owed them.

  • June 11, 2021

    Criminal Defense Vet Joins Saxton & Stump In Harrisburg, Pa.

    A veteran criminal justice attorney who has worked on some of the biggest cases in Pennsylvania joined Saxton & Stump LLC's Harrisburg office as senior counsel after spending nearly 50 years running his own personal injury and criminal defense boutique, the firm said.

  • June 11, 2021

    Philly Utility Escapes Black Workers' Race Bias Suits

    A Pennsylvania federal court tossed four related cases brought by employees who sued both Philadelphia Gas Works and a union local claiming the utility treated African American employees worse than white workers, saying nothing they claimed rose to the level of illegal discrimination under federal law.

  • June 10, 2021

    UK Probes Part Of National Grid's $14.7B Deal With US Utility

    The United Kingdom's competition enforcer is looking into British gas and electricity provider National Grid's £7.8 billion ($10.9 billion) plan to pick up a Wales-based utility from an American company in a swap worth $14.7 billion.

  • June 10, 2021

    Judge Slams Calif. For Discovery Violation In Generics MDL

    A Pennsylvania federal judge overseeing a sweeping multidistrict litigation program over alleged price-fixing of generic drugs expressed frustration during a hearing Thursday as she contemplated sanctioning the California Attorney General's Office over its failure to hand over data it may rely on in building its case.

  • June 10, 2021

    MoneyGram Fraud Case Dismissed Post-Compliance Revamp

    A Pennsylvania district court judge dismissed anti-money laundering charges against MoneyGram International Inc. on Thursday, marking the end of an eight-year deferred prosecution agreement with the U.S. Department of Justice. 

  • June 10, 2021

    Ex-NHLer Fired For Podcast Joke Can't Sue For Discrimination

    An NHL-player-turned-NBC-analyst who was fired for making off-color comments about a female co-worker on a podcast cannot sue for sex discrimination simply because he's a man, a New York federal judge said Thursday.

  • June 10, 2021

    3rd Circ. Bars Atty Fees For 'Limited Success' In NJ Wage Suit

    The attorneys who won an unpaid wage suit on behalf of a pair of cooks in New Jersey can't recover nearly $120,000 in attorney fees after their "limited success" in the six-year case netted their clients less than $7,000, the Third Circuit ruled Thursday.

  • June 10, 2021

    Rising Star: BakerHostetler's Sara Goldstein

    Sara Goldstein, a partner at BakerHostetler, has advised some of the largest companies on data breaches, including helping hundreds of Blackbaud Inc. users notify their clients of the 2020 ransomware attack, earning her a spot among cybersecurity and privacy law practitioners under age 40 honored by Law360 as Rising Stars.

  • June 10, 2021

    Pitt Law Settles Title IX Discrimination Suit With Student

    A former University of Pittsburgh law student has settled her claims that the university discriminated against her while investigating a Title IX case against her ex-boyfriend, the student told a Pennsylvania federal court.

  • June 09, 2021

    2nd Circ. Weighs Insider Trading Raps Post-Bridgegate

    A former Centers for Medicare & Medicaid Services worker and two former hedge fund analysts on Wednesday urged the Second Circuit to reverse all of their insider trading convictions following the U.S. Supreme Court's remand in light of its Bridgegate decision, saying the government can't salvage two counts of conviction out of many it now agrees should be set aside. 

  • June 09, 2021

    Uber, Academics Back SEC's Push For Climate Disclosures

    The U.S. Securities and Exchange Commission's push to develop a new climate risk disclosure framework has garnered positive feedback from a diverse set of backers, including ride-hailing company Uber and academics from major law schools.

  • June 09, 2021

    Eckert Looks To Stay Investment Adviser's Malpractice Suit

    Eckert Seamans Cherin & Mellott LLC has urged a Pennsylvania state judge to hit the pause button on malpractice claims from an embattled financial adviser as a U.S. Securities and Exchange Commission case over the troubled cash advance business he promoted plays out.

  • June 09, 2021

    CNX Seeks To Duck Ex-Exec's FLSA Retaliation Claim

    Natural gas company CNX Resources sought to toss former Consol Energy executive Katherine Fredriksen's retaliation claim from Pennsylvania state court, arguing it was the coal-focused Consol that fired her after the companies split up in 2017.

  • June 09, 2021

    Pa. Justices To Review Underground Gas Storage Buffer Fight

    The Pennsylvania Supreme Court has agreed to hear claims by private landowners that a UGI Corp. subsidiary effectively seized their subsurface rights by declaring their properties within a buffer zone surrounding an underground gas storage facility.

Expert Analysis

  • New Cybersecurity Insights From ERISA Rulings, DOL Advice

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    Richard Nowak and Alexander Vitruk at Mayer Brown discuss how recent federal court rulings have shaped Employee Retirement Income Security Act claims based on cybersecurity issues, and what plan sponsors, administrators and participants should know about the U.S. Department of Labor’s recent guidance on digital security for employee retirement plans.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

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    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

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    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

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