Pennsylvania

  • May 22, 2017

    Wells Fargo Suit Heralds Philly's New Enforcement Focus

    A recent lawsuit accusing Wells Fargo & Co. of racially discriminatory lending practices is the first of what Philadelphia’s new city solicitor says are a string of cases he’s eyeing as he looks to make good on a pledge to recast his department as a muscular public interest law firm.

  • May 22, 2017

    Energy Co. Attys Slam Bid To DQ Them For Repping Contractor

    A law firm representing a gas compressor station on Friday hit back against a steel service center seeking to disqualify it for representing two parties in a suit over allegedly faulty products, calling the attempt a “purely tactical” move and arguing the station has no conflict with the contractor that brought the suit, whose representation it's taken over.

  • May 22, 2017

    Pa. Tells 3rd Circ. It Properly Permitted Pipeline Project

    Pennsylvania environmental regulators on Friday defended their decision to issue a water quality permit for a Kinder Morgan unit's Pennsylvania pipeline project, while an opposing environmental group said the U.S. Army Corps of Engineers can't support its decision approving the project in concurrent appeals before the Third Circuit.

  • May 19, 2017

    Indicted Philly DA Invokes McDonnell In Dismissal Bid

    A month before the Pennsylvania federal corruption trial against him is set to begin, Philadelphia District Attorney Seth Williams on Friday filed a slew of motions seeking to limit testimony and to trim claims from his criminal indictment by citing the Supreme Court’s recent McDonnell decision.

  • May 19, 2017

    IRS Looks To Enforce Teva Summons In Charity Inquiry

    The IRS told a Pennsylvania federal court Thursday it has met all the requirements to enforce a summons against Teva Pharmaceuticals in the agency's investigation into whether a medical assistance charity exchanged benefits for donations.

  • May 19, 2017

    3rd Circ. Won't Boot Judge Off Bankruptcy Misconduct Appeal

    The Third Circuit on Friday shut down a former Syntax-Brillian Corp. shareholder’s bid to force a Delaware federal judge off appeal proceedings over alleged misconduct by Greenberg Traurig LLP during its representation of bankrupt Syntax, finding the investor’s “impugning” of the court was meritless.

  • May 19, 2017

    SEC’s Cooperman Deal Gives Defense Bar New Tool

    Billionaire hedge fund founder Leon Cooperman and his firm Omega Advisors Inc. managed to avoid an industry bar in settling the U.S. Securities and Exchange Commission’s insider trading claims, and experts say their unusual compromise of retaining a compliance consultant gives the defense bar ammunition for negotiating future deals.

  • May 19, 2017

    3rd Circ. Questions Early End To Lipitor Pay-For-Delay Suit

    A Third Circuit panel repeatedly questioned whether a lower court judge acted prematurely when he ended a lawsuit accusing Pfizer and Ranbaxy of engaging in a pay-for-delay scheme over the cholesterol drug Lipitor, suggesting the case should not have been decided before the introduction of any evidence.

  • May 19, 2017

    Pa. Jury Finds Clinic Not Liable In Appendicitis Death

    A Pennsylvania federal jury found Friday that a medical clinic and several of its staff aren’t responsible for the death of a woman who underwent surgery for appendicitis after allegedly being sent away from the clinic twice without treatment by an employee who wasn’t properly supervised.

  • May 19, 2017

    Cozen O’Connor Adds 7 More Buchanan Ingersoll Attys

    Cozen O'Connor is again dipping into the ranks of Buchanan Ingersoll & Rooney PC as it announced the addition of seven attorneys in recent days to help further boost its employment practice in Pennsylvania and North Carolina.

  • May 19, 2017

    Transgender Ex-Cabela's Worker Can Press ADA Claims

    A Pennsylvania federal judge on Thursday declined to toss a lawsuit from a transgender woman claiming her former employer Cabela’s Retail Inc. discriminated against her, allowing her to move forward on two Americans with Disabilities Act claims.

  • May 19, 2017

    Hospital Illegally Ended Pay Hikes For Nurses, DC Circ. Says

    The D.C. Circuit on Friday enforced a National Labor Relations Board ruling that a Pennsylvania hospital's decision to stop paying longevity-based raises for its nurses after their collective bargaining agreement expired violated federal labor law, saying such a cutoff is not covered by the terms of the 2011 deal.

  • May 19, 2017

    Split 3rd Circ. Won't Send Nurses' Wage Suit To Arbitration

    A split Third Circuit panel declined Thursday to send a wage-and-hour collective action brought by nurses at a New Jersey assisted living home to arbitration, saying their claims are rooted in fact disputes and not a collective bargaining agreement.

  • May 19, 2017

    SBA, As Receiver, Not 'Gov't' In FCA Case, 3rd Circ. Says

    The Third Circuit has refused to revive a former executive's reverse False Claims Act suit against a software company for allegedly avoiding its obligation to pay accrued dividends to a shareholder being run by the U.S. Small Business Administration, saying the agency was acting as a receiver and not a governmental actor.

  • May 19, 2017

    Taxation With Representation: Skadden, Wachtell, Vinson

    In this week’s Taxation With Representation, Thermo Fisher Scientific picks up a Dutch pharmaceutical company for $7.2 billion, Moody’s buys a business intelligence provider for $3.27 billion, and Yahoo prepares to buy back $3 billion of its common shares before its core business is acquired by Verizon.

  • May 19, 2017

    Riddell Helmet Concussion Claims Poised To Move Forward

    After more than five years of the NFL concussion litigation, claims against football helmet maker Riddell may finally be moving forward after an order Thursday by the Pennsylvania federal court judge who has been overseeing the litigation.

  • May 19, 2017

    Discovery Dispute Pauses Atty Testimony Defamation Suit

    A suburban Philadelphia attorney, who is suing a rival for allegedly defamatory expert testimony he provided during a legal ethics trial, will not have to file a formal complaint while the two parties resolve an outstanding discovery dispute, a state judge ruled on Thursday.

  • May 19, 2017

    Ex-Pa. City Council President Seeks Sentence Reduction

    The former city council president of Reading, Pennsylvania, asked a Pennsylvania federal judge Thursday to reduce his two-year sentence for a bribery conviction to time served, pointing to health problems and the welfare of his special needs child.

  • May 18, 2017

    Cooperman, Omega Pen $4.9M Insider Trading Deal With SEC

    Omega Advisors Inc. and its billionaire founder Leon Cooperman reached a $4.9 million deal in the U.S. Securities and Exchange Commission’s insider trading case that the hedge fund investor had called “untested,” according to a consent order that lets Cooperman continue working in the securities industry.

  • May 18, 2017

    3rd Circ. Could Up Ante For Buyers In Pay-For-Delay Cases

    The Third Circuit will hear oral arguments Friday in a pair of pay-for-delay cases over the drugs Lipitor and Effexor that could heighten the standard needed to allege that agreements to settle pharmaceutical patent dispute litigation constitute so-called reverse payments that run afoul of antitrust law.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.