Legal News Philadelphia, PA

State Supreme Court Issues Decision in Redistricting Case

A citizen challenge to the state Legislative Reapportionment Commission's final House and Senate maps has "overwhelmingly" shown the commission divided too many political subdivisions, a much-anticipated majority opinion from the state Supreme Court said Friday.

Generic Drugmakers Settle Class Action Over Antidepressants

Two generic drugmakers have agreed to the national settlement of a class action alleging that their version of a popular antidepressant drug was not as therapeutically effective as the brand-name drug.

Stevens & Lee Finds Leadership for White-Collar Practice

Reading, Pa.-based Stevens & Lee has hired two former Buchanan Ingersoll & Rooney partners in Philadelphia to bolster its white-collar defense and investigations practice.

Ciavarella Has Judicial Immunity From Some Civil Claims

Echoing his earlier ruling in the civil class action brought by juveniles against former Luzerne County Common Pleas Court Judge Mark A. Ciavarella Jr., a federal judge has ruled in a separate suit that Ciavarella is shielded by judicial immunity from some, but not all, of the allegations.

DeWeese jury trial deliberating for third day

HARRISBURG, Pa. (AP) - Jurors are deliberating for a third day in the corruption trial of once-powerful Pennsylvania state Rep. Bill DeWeese.

US court to hear case of possible alligator attack

ATLANTA (AP) - The family of a U.S. woman says a homeowners association should have removed an alligator they say may have killed the woman.

Ga. court overturns assisted suicide restrictions

ATLANTA (AP) - Georgia's top court struck down a state law that restricted assisted suicides, siding on Monday with four members of a suicide group who said the law violated their free speech rights.

Fresh Ink: Inside Today's Legal - Feb. 6

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Fresh Ink: Inside Today's Legal - Feb. 3

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Pennsylvania Litigation Departments of the Year Contest

We at The Legal are in the process of conducting our first Pennsylvania Litigation Departments of the Year contest, which will have two distinct portions ? a general contest to award the top department in general litigation, as well as a contest to determine the top specialty practice departments.

Fresh Ink: Inside Today's Legal - Feb. 2

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When Are Jurors' Sense of Fairness at Odds With the Law?

While presenting at a CLE seminar with a panel of litigators and judges about the psychology of jurors, I presented a piece of data I had collected over the years to the crowd. In my research, I have asked thousands of jurors to answer this question: In a trial, is it most important that the jury makes a decision that a) follows the rules set by the judge, or b) the jury believes is fair? While most of the lawyers on the panel were not surprised, some of the judges were no less than dismayed to see that 61 percent of the folks surveyed indicated it is more important that the jury makes a decision it believes fair.

Fresh Ink: Inside Today's Legal - Feb. 1

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Prosecutors Seek Out-of-County Jurors For Sandusky Trial

Prosecutors have asked the Centre County Common Pleas Court to bring in jurors from outside of the county, while not moving the site of the trial, to decide the case of embattled former Penn State coach Jerry Sandusky.

Fresh Ink: Inside Today's Legal - Jan. 31

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Rocking Reputation-Building Techniques for 2012

Fresh Ink: Inside Today's Legal - Jan. 30

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Fresh Ink: Inside Today's Legal - Jan. 27

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Fresh Ink: Inside Today's Legal - Jan. 26

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Reporter's Notebook: Same Evidence, Very Different Theories in Phila. Church Sex-Abuse Case

Fresh Ink: Inside Today's Legal - Jan. 25

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Accepting Nominations for Pro Bono 'Unsung Heroes'

Fresh Ink: Inside Today's Legal - Jan. 24

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Fresh Ink: Inside Today's Legal - Jan. 23

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Duane Morris Adds Sports Lawyer as Special Counsel

The Legal's Top 10 Lateral Hires of 2011

Fresh Ink: Inside Today's Legal - Jan. 20

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Appeals of Interlocutory Orders - Part 1, Pa. R.A.P. 341(c)

Fresh Ink: Inside Today's Legal - Jan. 19

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Fresh Ink: Inside Today's Legal - Jan. 18

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It's the Little Things: Preventing Fraud, Waste and Abuse in Your Company

Fresh Ink: Inside Today's Legal - Jan. 17

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Barely Legal: 'A Word of Warning'

Fresh Ink: Inside Today's Legal - Jan. 13

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Location, Location, Location - D.C. is Where It's At

Fresh Ink: Inside Today's Legal - Jan. 12

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Fresh Ink: Inside Today's Legal - Jan. 11

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Fresh Ink: Inside Today's Legal - Jan. 10

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Fresh Ink: Inside Today's Legal - Jan. 9

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A Legal Resolution: Healthy Lawyers, Clients and Law Practices

Fresh Ink: Inside Today's Legal - Jan. 6

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Where is Your 2012 Marketing Map?

Fresh Ink: Inside Today's Legal - Jan. 5

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Former Cephalon Deputy GC Joins Morgan Lewis

Unemployed Lawyers, Tell Us Your Stories

Fresh Ink: Inside Today's Legal - Jan. 4

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Should Graduating College Students Attend Law School?

Fresh Ink: Inside Today's Legal - Jan. 3

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People-Watching and Dancing Machines

I love people-watching ? I practically majored in it in college. It is not just the voyeuristic pleasure of spying on people that I enjoy, but it is also the insights into human behavior you can derive from an afternoon sitting on a park bench.

PHA Adds New Deputy General Counsel

The embattled Philadelphia Housing Authority has completely restaffed its office of general counsel by hiring two deputy general counsels this week.

Normalization of Income: Where Business Valuation Meets Forensic Accounting, Part 2

To value a closely held company, the valuator usually employs forensic accounting skills, such as keen interviewing techniques, the determination of whom to interview and understanding that often, listening is more important than speaking.

At Issue: State Governments Interfering With Law School Clinics

Foot-in-Mouth Media Interviews by Clients in High-Profile Cases

Fresh Ink: Inside Today's Legal - Dec. 14

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Why Building and Enforcing Stigmas Hurts the Entire Independent Attorney Movement

Mandatory Mediation Clauses: Can You Make the Horse Drink?

An Uptick in Office Visitors

How Will You Make 2012 a Game Changer?

November Rain: Business Vignettes From a Lawyer Who Has Peeked Into Hundreds of Offices

Racing To Teach Kids Young, But How To Pay for It?

Pennsylvania Supreme Court Parts Ways With U.S. Supreme Court on Collateral Order Appeals

Normalization of Income: Where Business Valuation Meets Forensic Accounting, Part 1

Superior Court Adopts Broad Protections for Attorney-Expert Communications

Centre County Bench Recuses from Sandusky Case, Cleland Appointed

Has Philadelphia Finally Hit Political Bottom?

Legal Marketing and Social Media Best Practices: Part I Ethics

I recently had the pleasure to present "The Ethics of Social Media Marketing for Law Firms" with Paul Kazaras, of the Philadelphia Bar Association, for the Delaware Valley Law Firm Marketing Group.

Legal Marketing and Social Media Best Practices: Part II Policies

In Part I of Legal Marketing and Social Media Best Practices, I discussed Understanding the Rules of Professional Conduct.

Bad-Faith Protection Does Not Insulate Insurers From Paying Provider Attorney Fees

The Pennsylvania Superior Court has ruled in Herd Chiropractic Clinic v. State Farm Mutual that an insurer who followed the peer review process to deny payment of medical expenses under the state Motor Vehicle Financial Responsibility Law (MVFRL) was nevertheless required to reimburse the challenging provider for its attorney fees after the court also found the treatment at issue was determined to be reasonable and necessary.

The Quick Fix: Can Settlement Be Reached at a Three-Hour Mediation?

We all can recall the settlement conference with a judge or magistrate judge that took three hours and seemed endless. So it is reasonable to ask whether settlements can be accomplished in a three-hour mediation, particularly since most court-mandated mediation is scheduled for just three hours. Judicial settlement conferences, however, are different than mediations in that judges have leverage over the parties.

How Much Does Home Field Advantage Really Matter?

Unfortunately, the answer to this broad-based question requires the answer that is most unpopular when given by jury consultant.

Law Schools - Did the Needle Fall Off the Ethical Compass?

The recent reports about law schools misreporting the LSAT scores of the incoming class and the job successes of new graduates raise a concern about their ethics and the obligation of those schools to provide ethical education.

Appeals of Interlocutory Orders by Permission

The procedures for securing appellate review of an interlocutory order appealable only by permission are set forth in Pa. R.A.P. 1311, et seq. The procedures implement 42 Pa.C.S. §:702(b) of the Judicial Code, which authorizes interlocutory appeals by permission.

Judge Kelly Defines the Contours of Bad-Faith Delay Claims

Several months ago, Senior U.S. District Judge Robert F. Kelly of the Eastern District of Pennsylvania provided some insight and important analysis of bad-faith delay claims. In the case, Tomer v. Allstate, plaintiff Nancy Tomer filed a bad-faith claim against Allstate arising out of Allstate's handling of her UIM claim. The claim included cognitive brain injury claims and some additional injury claims, including a claim of three fractured teeth made almost three full years following the accident. In addition, Tomer made claims of psychiatric injury as well.

U.S., U.K. Lawyers Spar Over American Revolution at Inn of Court

After Tuesday night's light-hearted debate between Temple American Inn of Court and Gray's Inn, London, it is clear that time heals all wounds.

Discovery of Hidden Assets

In divorce proceedings and certain types of commercial litigation, counsel may suspect that the opposing side has hidden some assets.

The Candy Dish

My mother had it all worked out in her head.

N.J District Court Prevents Disability Rights Organizations from Observing Students with Disabilities in the Classroom

A collection of statewide agencies that have sued the New Jersey Department of Education and the New Jersey State Board of Education for systematically failing to comply with the Individuals with Disabilities Act have met a roadblock in their efforts to build their case

A Law Firm Brochure is Never Enough for Lawyer Marketing

I often advise lawyers to document the frequently asked practice-area focused questions they receive in order to draft meaningful articles or blog posts for their public relations efforts.

Think Different: What the Legal Community Can Learn From Steve Jobs

Southeast Pa. Democrat Joins State Attorney General's Race

Daniel McCaffery, an unsuccessful candidate in 2009 for Philadelphia district attorney, former Philadelphia assistant district attorney, and shareholder with Friedman Schuman, announced his candidacy for the Office of Attorney General Monday.

Fee Awards: Have Judges Separated Themselves From Practice Realities?

Contributor Anthony Volpe looks at the trend of recent decisions in which judges have granted fee awards, but have been critical of the number of attorneys that contributed to the matter under consideration or the hours expended in the representation.

Jury Analysis: When Common Sense Isn't so Common

Jury analyst Melissa M. Gomez explains why you may want to think twice before telling jurors to use their "common sense" in deliberating your next trial.

Reporter's Notebook: More on Koken & Auto Accident Law

In a talk Tuesday given to the Philadelphia Association for Defense Counsel, Louis E. Bricklin, a defense attorney with Bennett Bricklin & Saltzburg in Philadelphia, provided more insight on the unsettled nature of this area of law.

Written Expert Reports - Retaining Counsel Assistance and Proofreading

Citrin Cooperman's Joseph Barbagallo offers an extension on a previous article, focusing on the potential disadvantage of an expert significantly relying upon counsel's assistance in the editing and proofreading of his/her report.

'Don't Ask, Don't Tell' Repeal Just the Beginning for Former Pa. Congressman

Former U.S. Congressman Patrick Murphy, D-Pa., made his rounds today to media outlets to discuss Tuesday's official repeal of the military's Don't Ask, Don't Tell policy regarding gays in the military.

Successful Rainmakers Stay the Course

Contributor Kimberly Alford Rice explains why frustration and lack of response is no excuse; taking proactive, consistent steps to build and strengthen professional relationships is imperative to developing a solid practice.

Fresh Ink: Inside Today's Legal - Sept. 16

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Fairness Commission Calls for Improvements in Indigent Defense

The Pa. Interbranch Commission for Gender, Racial and Ethnic Fairness is working with the state Supreme Court to increase diversity among the lawyers who are appointed to represent indigent criminal defendants, said the commission's report released today.

Fresh Ink: Inside Today's Legal - Sept. 15

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Using LinkedIn to Build Professional Relationships

Blog contributor Gina F. Rubel expounds on the professional benefits of having a LinkedIn profile. For those readers who do not (or do not maintain it regularly), it's time to get with the program.

Fresh Ink: Inside Today's Legal (and Delaware!) - Sept. 14

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Three Local Firms on 'Best Law Firms for Women' List

Three Pennsylvania firms can be found among the top 50 law firms nationally for women to work. Ballard Spahr, Drinker Biddle & Reath and Fox Rothschild were named to the list, compiled by Flex-Time Lawyers and the National Association for Female Executives.

Buchanan Ingersoll Raises First-Year Salaries Too

Buchanan Ingersoll & Rooney has edged up the starting salaries for its Pennsylvania first-year associates. The firm had paid $100,000 in Pittsburgh and $110,000 in Philadelphia last year. It will increase those figures to $105,000 and $112,500, respectively, for 2011.

Fresh Ink: Inside Today's Legal (and PLW) - Sept. 13

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Back to School for the Legal Industry?

New blog contibutor Julia Claire wonders, with all the changes to the legal profession in the last few years - will there be a generation of 'lost' lawyers? Maybe it's time the profession considered going back to school.

Fresh Ink: Inside Today's Legal - Sept. 12

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A Note on Our Special Sept. 11 Issue

A few weeks ago, editor Jaime Bochet wrote a post on this blog asking you, our readers, to tell me where you were 10 years ago, on Sept. 11. Your responses poured in, flooding Jaime's in-box and repeatedly touching a nerve that for many of us is still painfully raw.

Fresh Ink: Inside Today's Legal - Sept. 9

Today is a little bit different here at The Legal Intelligencer, and your paper looks different too. This won't be your usual round-up of news stories, because today's coverage is devoted almost entirely to commemorating the 10th anniversary of the Sept. 11 attacks.

K&L Gates Opens Qatar Office

K&L Gates said Thursday that it has opened an office in Doha, Qatar. The new location, the 38th for the Pittsburgh-based firm, will be the second location in the Middle East.

Fresh Ink: Inside Today's Legal - Sept. 8

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Barely Legal: 'Lessons I Learned During Last Month's Earthquake'

Blog contributor 'Barely Legal' reviews a few interesting observations that came to light after experiencing the recent East Coast earthquake.

Fresh Ink: Inside Today's Legal - Sept. 2

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Fresh Ink: Inside Today's Legal - Sept. 1

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Checking in on Pa.R.A.P. 1925(b)

Pennsylvania Rule of Appellate Procedure 1925(b) has caused problems for numerous appellants over the years. The most common problems relate to service of the Statement of Errors Complained of on Appeal and waiver of issues on appeal due to defective statements.

Fresh Ink: Inside Today's Legal (and Delaware!) - August 31

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Fresh Ink: Inside Today's Legal (and PLW) - August 30

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.

Is the Constitution the Roadblock to Meaningful Patent Reform?

The issue of patent reform and the enforcement of the rights afforded by patents has been making headlines. But each side is attacking the other. Is it possible that the Constitution has built into its genius the very root of the problem?

Fresh Ink: Inside Today's Legal - August 29

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Phila. Bar Association Opposes Immigration Bills

The Philadelphia Bar Association has submitted testimony opposing 14 immigration bills pending in Pennsylvania's House of Representatives' State Government Committee.

Fresh Ink: Inside Today's Legal - August 26

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Fresh Ink: Inside Today's Legal - August 25

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Conahan's Sentencing Set for Sept. 23

Former Luzerne County Common Pleas Court Judge Michael T. Conahan's sentencing has been scheduled for Friday, Sept. 23, in Scranton. The news comes less than two weeks after Conahan's alleged co-conspirator Mark A. Ciavarella was sentenced to 28 years in prison.

Fresh Ink: Inside Today's Legal (and Delaware!) - August 24

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Fresh Ink: Inside Today's Legal (and PLW) - August 23

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10 Years Later: Where Were You on Sept. 11?

We want to know: Where were you 10 years ago, on Sept. 11, 2001? The Legal is gathering your stories to publish in a special commemorative issue scheduled for Sept. 9, so read on to find out how you can participate.

Fresh Ink: Inside Today's Legal - August 22

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Barely Legal: 'Oddly Enough, Emily Post Has Nothing to Say on This Situation'

Blog contributor 'Barely Legal' wonders what etiquette expert Emily Post would say about how to proceed now that a professional relationship has crossed a line - informal greetings outside the office.

Fresh Ink: Inside Today's Legal - August 19

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Ciavarella Tells Court He's Broke

Former Luzerne County Judge Mark A. Ciavarella has filed an application asking the court to declare him indigent.

Legal Proceedings and Written Expert Reports

Blog contributor and Citrin Cooperman consultant Joseph Barbagallo looks at written expert reports; why you may want or need them in your case, and what they should include.

Fresh Ink: Inside Today's Legal - August 18

Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Check out our roundup of today's contents.

Fox Rothschild Wants to Represent Trocadero Theater in Bankruptcy

Fox Rothschild is looking to represent Philadelphia entertainment venue Trocadero Theater in its bankruptcy filing in the Eastern District of Pennsylvania.

3rd Circuit: No Constitutional Right to Privacy for Sharing "Secret" Opinions

The 3rd Circuit has rejected a school board member's claim that she had a Fourteenth Amendment right to privacy of opinions she shared in an investigation into an illicit relationship between a teacher and a minor student. Wendy Beetlestone examines the case.

Fresh Ink: Inside Today's Legal (and DLW!) - August 17

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Federal Judge Approves Phila. Jail Overcrowding Settlement

A federal judge has approved the settlement of a class action that alleged the conditions in the Philadelphia Prison System violated the U.S. Constitution and that inmates housed three to a cell did not receive essential services.

Fresh Ink: Inside Today's Legal (and PLW) - August 16

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.

Should Lawyers Google+?

Blog contributor Gina F. Rubel looks at the new Google+ platform and its potential appeal for lawyers and law firms.

Live Tweeting Ciavarella's Sentencing

Follow reporter Zack Needles on Twitter @ZNeedlesTLI tomorrow for live tweets from former Luzerne County Judge Mark A. Ciavarella Jr.'s sentencing hearing beginning at 9 a.m.

Fresh Ink: Inside Today's Legal (and DLW!) - August 10

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Fresh Ink: Inside Today's Legal (and PLW) - August 9

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.

Court Clarifies Procedure to Challenge Frivolousness in Double Jeopardy

Mandi L. Scott examines the Pa. Supreme Court's recent action to clarify the procedure required for a criminal defendant to seek limited appellate review of a trial court's written finding that the defendant's double jeopardy challenge is frivolous.

Fresh Ink: Inside Today's Legal - August 8

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Drexel Law School Gets Full Accreditation

Drexel University Earle Mack School of Law has received its full accreditation from the American Bar Association. The Council of the ABA's Section on of Legal Education and Admissions to the Bar approved the application Friday at its annual meeting in Toronto.

Fresh Ink: Inside Today's Legal - August 5

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Fresh Ink: Inside Today's Legal - August 4

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents.

Fresh Ink: Inside Today's Legal (and PLW!) - August 2

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today's paper also includes our Tuesday Pennsylvania Law Weekly section.

Why Firms Should Develop Strategic Plans

Kimberly Alford Rice explains that the strategic planning process, if well-defined and carefully implemented, will cultivate a greater sense of teamwork and strengthen common goals and direction at all levels of a firm.

Introducing our 2011 Lawyers on the Fast Track!

Following are the names of the 27 Pennsylvania attorneys who have been selected as this year's "Lawyers on the Fast Track."

Fresh Ink: Inside Today's Legal - August 1

Welcome to another morning round-up of the articles inside today's Legal. Read on to check out all of the day's legal news and contributed columns.

Fresh Ink: Inside Today's Legal - July 29

Happy Friday! Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents.

Supreme Court Posts Amounts Paid to Luzerne County Victims

The state Supreme Court posted three special master determinations that collectively listed the names of over 100 victims of juveniles whose convictions were tossed out following the Luzerne County "kids-for-cash" scandal and the amounts each will be compensated.

Warning Signs of a Bad Expert Witness

Blog contributor Terry Silverman emphasizes that it's important to have an expert witness who not only has the qualifications, but also a good team approach, sufficient communication skills and a likable enough personality.

Fresh Ink: Inside Today's Legal (and DLW!) - July 27

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Fresh Ink: Inside Today's Legal - July 26

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Check out our roundup of today's contents. Today also includes our Pennsylvania Law Weekly section, and a special Energy Law supplement.

Magid Agrees to 100-Day Suspension Over Political Activity

Fresh Ink: Inside Today's Legal - July 22

Happy Friday! Start the end of the week off right with your daily round-up of stories in today's edition of The Legal Intelligencer. (Some stories may require registration or a paid subscription.)

Will Uncertain Client Demands Continue to Fuel Turbulence in IP Marketplace?

We have seen an increase in the amount of movement of IP attorneys to smaller boutiques with a limited focus on certain practice areas. Blog contributor Anthony Volpe explores the questions such moves raise.

Fresh Ink: Inside Today's Legal - July 21

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. (Some stories may require registration or a paid subscription.)

Pulling the Curtain Back on Appellate Fact-Finding

Blog contributor Bruce P. Merenstein explores a recent U.S. Supreme Court decision that highlights the use of secondary authority cited in appellate briefs to engage in what amounts to appellate fact-finding.

Fresh Ink: Inside Today's Legal - July 20

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Reporter's Notebook: Follow-Up to 'Preconception Torts' Article

Last week, reporter Zack Needles posted a blog item wondering why more attorneys weren't taking notice of a recent Superior Court decision on "preconception torts." Now he's followed up with an article gathering perspective on the issue from med mal attorneys.

Fresh Ink: Inside Today's Legal - July 19

Can't find a paper, but want a sneek peak at the stories inside The Legal this morning? Simply read on! (PLUS get our Pennsylvania Law Weekly section, out each Tuesday!) Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

The Trouble with Loss of Consortium Claims

Loss of consortium is an important claim in those cases that warrant it. Not all cases do. Blog contributor and jury consultant Melissa M. Gomez explains when it might be prudent to withdraw loss of consortium claims.

Fresh Ink: Inside Today's Legal - July 18

Can't find a paper, but want a sneek peak at the stories inside The Legal this Monday morning? Simply read on! Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

Reporter's Notebook: The Big Case Hardly Anyone's Talking About

It's been more than a week and a half since the Superior Court issued what has the potential to be a landmark case in the largely undeveloped area of "preconception torts," and reporter Zack Needles is more than a little surprised it hasn't received more attention.

Fresh Ink: Inside Today's Legal - July 15

Can't find a copy of The Legal this morning? Here's a peek at the stories in today's paper, from the breaking news of the day to our featured columns. Check the blog every morning for the round-up.

New Daily Blog Feature: "Fresh Ink: Inside Today's Legal"

Can't get ahold of a copy of The Legal this morning? Here's a peek at the stories in today's paper. Check the blog every morning for the round-up.

Judge Denies Stay of Production of PHA Legal Bills to HUD

A federal judge in Philadelphia has denied a motion to stay the production of legal invoices from the Philadelphia Housing Authority to HUD while the PHA's former executive director appeals the order allowing the bills to be turned over.

I Remain, Very Sincerely Yours

Blog contributor Gina Rubel reminds us that PR is just as much about what you write as it is about what you say. The content and tone of e-mail messages, letters, text messages and social media messages affect the recipient and their perception of the sender.

PBA Hires First Diversity Officer

Today is the first day of work for the Pennsylvania Bar Association's first diversity officer, the PBA announced today. Janis M. Leftridge was hired to facilitate efforts to improve diversity within the bar association as well as the overallbar in Pennsylvania.

How to Communicate Effectively Without E-mail

Blog contributor and productivity guru Neen James offers creative suggestions to help your message stand out in your prospective clients' and important contacts' minds.

Exploring Early Settlements: A Sign of Weakness or Ethical Duty?

Contributor Charlotte Thomas maintains that trying to settle a case early is not a sign of weakness, but usually is the right thing to do for our clients to save money, time and the psychological commitment of litigation.

Don't Ask If You Don't Want the Answer

Editor Jaime Bochet is starting to believe that firms really don't care how their clients think they?re doing -- especially after seeing the results of a new LexisNexis survey.

Had A Couple of Drinks? There Should Be An App for That

Blog contributor Barely Legal wishes technology existed to save us from ourselves when the urge to e-mail after imbibing a few drinks inevitably kicks in.

Rules Regarding Records

Blog contributor Mandi L. Scott focuses on a few Rules of Appellate Procedure relating to the record -- both original and reproduced.

New York's Chief Judge Advocates for Civil Legal Aid

Civil legal aid for the poor is in crisis, Jonathan Lippman, chief judge of the state of New York, told the attendees of the Philadelphia Bar Association quarterly luncheon today.

Greene Asks Judge to Stay Order Allowing PHA Bills Turned Over

Former Philadelphia Housing Authority executive director Carl Greene has asked the court to stay its order allowing the PHA to turn over thousands of pages in unredacted legal bills until he can appeal the judge's decision.

Supreme Court Denies Emergency Stay in Family Court Construction

The state Supreme Court divided along partisan lines today in rejecting an emergency stay requested by a disappointed bidder so it could protest the award of the electric contract for the new Philadelphia family courthouse.

Senate Vote Portends Abolition of Joint and Several Liability Doctrine

Pennsylvania's negligence regime appears likely to change after a vote in the state Senate today.

Will Non-Lawyers Investing Destroy the Legal Profession?

The fight over allowing non-lawyers to become investors in law firms is heating up. While the debate is one over changing a tradition, there are issues of transparency. Blog contributor Anthony Volpe explores the issue.

Creating an Effective FCPA/UKBA Compliance Program

David A. Anderson of Citrin Cooperman presents Part 2 of his posts on the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. This one explains the key components of an effective compliance program.

Attorney: PHA Review of Legal Bills Shows No Privilege Regarding Greene

The Philadelphia Housing Authority has completed a review of legal bills from six law firms, concluding there was no privileged information contained in them regarding former executive director Carl Greene.

A Sliver of a Silver Lining for Microsoft

The U.S. Supreme Court's decision in Microsoft v. i4i appears, at first, to be a complete loss for Microsoft. But Joshua Wolson finds a small silver lining for Microsoft and other infringement defendants that might just keep the ruling from being a total disaster.

New Online-Only Story Package: 'Mega-Verdicts'

There is a brand-new Online-Only package on The Legal's homepage called "Mega-Verdicts: Eight Figures and Up," and those are exactly the stories you'll find included there: verdicts and settlements of $10 million and over.

Accepting and Adopting Digital Communication for Lawyers

Many lawyers still say that they don?t want to "communicate online." But according to blog contributor Gina F. Rubel, "It's not about you." It's about who you're trying to reach, where they are, and how they wish to be communicated with.

Report: Phila. Mortgage Foreclosure Program Helping Many Stay in Homes

A majority of homeowners who participated in Philadelphia's mortgage foreclosure diversion program and who struck an agreement with their lenders have been able to remain in their homes, according to an independent community development financial institution.

The Third Side of the Story

Jury consultant Melissa Gomez explains that the search for a truth that exists outside of what they are being told often leads jurors to look beyond the testimony and presentations in the courtroom.

It's Official: More Stringent Rules for Phila. Homicide Counsel

New criminal rules have been adopted for lawyers representing Philadelphia homicide defendants, according to an order today by Philadelphia Common Pleas Court President Judge Pamela Pryor Dembe.

Getting to Know Us: Meet Our Newest Reporters!

Back in April, we introduced you to the staff of The Legal, from our editor-in-chief to our copy desk editors and reporters. Since then, we?ve added a couple of new faces to the newsroom, and we?d like you to meet them!

Mediation: Early and Often for Cost-Effective Litigation

In seeking out cost-effective strategies, one universal rule holds true: the sooner the lawsuit concludes, the more likely it is to be cost-effective. Blog contributor Charlotte Thomas shares some pointers from her recent jaunt in mediation.

Problems With Filing Bad Faith, UM/UIM Claims as Insurer's First Notice of Suit

According to blog contributor Charles Haddick, when the first notice to an insurer of a UM/UIM claim is a civil complaint, which also contains a bad faith count, it is rather like a patient handing his surgeon a medical malpractice complaint on the way into the OR.

Rainmaking at Its Best: Focusing on Clients First

Judge Rendell Appointed to MDL Panel

Daniel McCaffery to Announce Pa. Attorney General Bid

Now Accepting Nominations for Lawyers on the Fast Track!

If you know an outstanding Pennsylvania attorney who is under the age of 40, nominate them to be one of The Legal's 2011 Lawyers on the Fast Track!

Criminal E-Filing on the FJD's Horizon

The First Judicial District is aiming to roll out e-filing in criminal cases for members of the criminal bar by April 2, 2012, according to an announcement today by the administrative judge of the Philadelphia Common Pleas Court trial division.

Ciavarella's Post-Trial Motions Denied

U.S. District Judge for the Middle District of Pennsylvania Edwin M. Kosik has denied former Luzerne County Judge Mark A. Ciavarella Jr.'s post-trial motions to be granted a new trial or to have his racketeering and honest services fraud convictions overturned.

Castille: Filing Fees Should Be Made Permanent

Pennsylvania Supreme Court Chief Justice Ronald D. Castille said in a statement Thursday that he agrees with an auditor's recommendation that court filing fees should be turned into a permanent funding stream for legal aid organizations.

McLaughlin Credits Party, Labor in Judicial Primary Win

Reporter Amaris Elliott-Engel chats with Maria McLaughlin, one of the 11 victors in the Democratic primary for 10 Philadelphia Common Pleas Court judges and one Philadelphia Municipal Court judge.

Are Your Clients at Risk Under the Foreign Corrupt Practices Act or the U.K. Bribery Act?

David A. Anderson of Citrin Cooperman explains why a company currently conducting or planning to conduct business in any foreign country could face a significant financial risk and a risk of prosecution of its management under either the FCPA or UKBA.

Court Denies Reargument Request in Board of Ethics Defamation Suit

The Commonwealth Court, rejecting the request of Philadelphia's ethics watchdog agency and its executive director, has refused to take a second look at its ruling that the officials may not be entitled to quasi-judicial immunity.

Scranton Firm Announces Merger With Phila. Nonprofit Law Boutique

Scranton, Pa.-based general practice firm Myers Brier & Kelly has announced a merger with three-lawyer, Philadelphia-based nonprofit law boutique Lundy & Flynn.

Spoliation and Legal Malpractice

Courts generally take a hard line with cases regarding spoliation, and summary judgment because of it is not unheard of. However, as blog contributor Anthony S. Volpe writes, the issue does not end with the disposition of these simple cases.

Barely Legal: Something to Talk About

Anonymous blogger Barely Legal surmises that the co-workers the office gossips about are usually not the ones having an indiscretion ...

Right Time, Wrong Place

Blog contributor Bruce P. Merenstein examines two recent Pennsylvania Superior Court decisions that emphasize the importance of not only filing on time, but in the right place.

Meehan Testimony in Discrimination Case Delayed

U.S. Rep. Patrick Meehan had been expected to take the witness stand this week to testify about events during his tenure as Eastern District U.S. Attorney in a discrimination lawsuit brought by Paul Mansfield, a former assistant U.S. attorney who claims he was fired in retaliation for lodging complaints of age and disability discrimination. But Meehan's appearance has now been delayed indefinitely.

Reporter Live-Tweeting Hearing on Fair Share Act

The state Senate Judiciary Committee is slated to hold another hearing on a proposal that would change Pennsylvania's liability regime, and reporter Amaris Elliott-Engel will be live-Tweeting from it beginning at 12 noon today.

Effect of Appeals: Supersedeas and Stays

In her summary of just a few of the Rules of Appellate Procedure governing the effect of the filing of an appeal, Mandi Scott finds it quickly becomes apparent that the general rule is much more complicated than many practitioners think.

Making a Case That Fits Your Client

Jury consultant Melissa Gomez explains how changing your tactics to accept your witness's personality is better for your case than trying to change who they are.

Eight Tips for Solid Radio Interviews

Regardless of the size and scope of your business, there may be a time when radio interviews come into play -- especially if you're dealing with high profile litigation. Gina Rubel offers advice on nailing those interviews.

Fumo Arguments Rescheduled

The date for oral arguments in United States v. Fumo has been rescheduled and is now set for Wednesday, May 25, at 2 p.m. before 3rd U.S. Circuit Court of Appeals Judges Julio M. Fuentes, Richard L. Nygaard and Leonard I Garth.

Alumni Connections Key in Associates' Business Development Arsenal

According to blog contributor Kimberly Alford Rice, the relationships you developed in law school are one of the keys to your success. She offers tips on cultivating those relationships.

3rd Circuit Remands Title VII Case for Failing to Properly Apply Burden-Shifting Framework

In a recent opinion that helped further flesh out how to apply the burden-shifting framework in Title VII cases, the 3rd Circuit vacated a district court's summary judgment ruling for further proceedings consistent with the guidance it had provided. Blog contributor Wendy Beetlestone examines the case.

Two Firms Shake Up Office Management

Buchanan Ingersoll & Rooney and Pepper Hamilton have each announced changes in leadership at one of their non-headquarters offices.

Legal Representation in Orchestra Bankruptcy Becomes Somewhat Clearer

At a hearing Monday regarding the bankruptcy proceedings of the Philadelphia Orchestra Association, the Academy of Music and Encore Series Inc., no one objected to ESI hiring separate counsel in Archer & Greiner. But it looks like Peter Nero and the Philly Pops' objections over Dilworth Paxson's representation of the orchestra will continue.

Tips to Beat Summer Procrastination

Blog contributor Neen James offers helpful tips to help you stay focused this summer - even when you just want to get outside!

New Family Court Building Moves Closer to Getting Built

The state Department of General Services on Friday officially acquired the air rights to 15th and Arch streets, the site of a new family court building, allowing construction of the project to begin in the coming weeks.

Phila. Bar Rates One More 'Not Recommended'

The Philadelphia Bar Association?s judicial candidate ratings arm said Wednesday that Philadelphia judicial candidate Leon A. King II is rated "not recommended."

New Online-Only Section: Firm Openings and Closings

In the interest of keeping you up on the larger trends in the Pennsylvania legal landscape, we grouped those recent stories of law firm office openings and closings together into a special (FREE!) online-only package.

Supreme Court: Candidates in DROP Stay on Ballot

The state Supreme Court ruled 5-2 Friday that Philadelphia candidates involved in the controversial Deferred Retirement Option Plan may still run in this month's primary.

Phila. Bar Rates Four More 'Recommended'

The Philadelphia Bar Association?s judicial candidate ratings arm has said that Philadelphia judicial candidates Diana Anhalt, Stephen J. Negro, Stephanie M. Sawyer and Marvin L. Williams are rated ?recommended.?

Supreme Court Renews Press for Budget Increase

According to the "State of the Commonwealth's Courts" report released this week, the court will be short $47.2 million of its self-identified needs in the 2011-2012 fiscal year if it does not receive more funds from Gov. Tom Corbett and the General Assembly.

Memeger and 'The Legal' Team Up to Celebrate Diversity

In The Legal's 2011 Diversity supplement, which was published in early April, we recognized 20 individuals from across the commonwealth as Diverse Attorneys of the Year, and now, we?re gearing up to honor them in person on Tuesday, June 7, at the Crystal Tea Room in Philadelphia.

Do I Need to File a Post-Trial Motion?

A recent Pennsylvania Superior Court case illustrates just how important it is to understand when a motion for post-trial relief is required. Blog contributor Mandi L. Scott examines the issue.

Ballard Spahr Gets Former GC to Arizona Governor

Joseph Kanefield, the former general counsel to Arizona Gov. Jan Brewer, has joined Ballard Spahr's Phoenix office. He will practice in the firm's government relations, regulatory affairs and contracting group.

Does Current Economy Justify Law Schools' Emphasis on Business of Law?

There appears to be a developing chorus for law schools to provide additional training and courses directed at the "business of law," apparently driven by recent economic conditions. But blog contributor Anthony S. Volpe sees it as instilling a false sense of security in students.

Secondary Authority Revisited

Blog contributor Bruce P. Merenstein examines a recent decision in which the PA Superior Court declined to rely on an amicus brief because "the information contained in the amicus brief was not provided to the trial court for consideration."

Public Service Attorneys Urge Young Lawyers to Think Broadly

For young lawyers who think there is only one career path that leads to success, a recent Philadelphia Bar Association panel of heavy-hitters has news for you: think again.

Reporter Live-Tweeting Nutter's Remarks to Lawyers

Legal reporter Amaris Elliott-Engel will be live-Tweeting from noon to 1 p.m. today from the Philadelphis Bar Association's Chancellor's Forum, where Mayor Michael Nutter will be speaking.

Getting to Know Us: Meet the Reporters!

The Editorial Department of The Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet the reporters who bring the news to you each day!

The Lost and Found of Embezzled Law Firm Funds

Blog contributor and Citrin Cooperman partner Joseph S. Barbagallo offers advice on how to proceed if you suspect your firm has been the victim of embezzlement.

Getting to Know Us: Meet the Copy Desk!

Part 2 of a series: The Editorial Department of the Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet the editors on the copy desk!

Measuring a Lawyer's Use of Social Media Marketing

Blog contributor Gina F. Rubel offers insight on how to determine if your firm's time is well spent in social media engagement.

Dilworth Paxson Looks to Get Orchestra's Bankruptcy Work

The Academy of Music of Philadelphia Inc., the Philadelphia Orchestra Association and Encore Series Inc. have asked the court to approve Dilworth Paxson as counsel in their Chapter 11 bankruptcy filings initiated April 16.

Getting to Know Us: Meet The Legal Staff!

The Editorial Department of The Legal is relatively small, but each person plays an integral role. Just as we want to know our audience as best we can, we want you to get to know us. Today: Meet Editor-in-Chief Hank Grezlak.

Front Page Flashback

The words are on the front page of the Legal every day: "The Oldest Law Journal in the United States 1843-2011." Ever wondered what that very first issue looked like?

Antitrust Law: Arbitrating Antitrust: Are Things Getting More Complicated?

At one time, arbitrating antitrust claims was disfavored by courts. In fact, from the late sixties until the U.S. Supreme Court's decision in Mitsubishi Motors Corp. v. Soler Chrysler Plymouth Inc.

Franchise Law: International Arbitration in Franchising and Distribution

Growth of international franchising and distribution requires offers of user-friendly agreements.

Professional Conduct: Jumping on the Media Bandwagon: Unsafe at Any Speed?

The commonwealth of Pennsylvania might never see a more explosive legal drama than the prosecution of former Penn State assistant coach Jerry Sandusky that continues to unfold in State College. Some see Joe Paterno as the latest victim in the Sandusky saga, having first lost the head coaching position he held for more than half a century and, more recently, his brief battle with lung cancer. Others point to the many children whom Sandusky allegedly abused/sexually assaulted over an extended period of time and argue the Penn State Board of Trustees had no choice but to fire Paterno. Wherever you fall on that spectrum of feeling or conviction, Paterno's passing is a great, great loss to his family, friends, former colleagues and players, Penn State and the commonwealth — for which we offer our sincere condolences.

Bankruptcy Update: Chapter 11 Plan Appeal Viable Long After Effective Date

The "effective date" of a Chapter 11 plan represents the point in time when a debtor begins to implement the plan's provisions and make distributions to creditors. Often, parties will feel safe in assuming that once a confirmed plan goes effective and substantial implementation of it has occurred, the "train has left the station" and any remaining objections to confirmation have become moot.

Employment Law: NLRB Update - The Legacy of Former Chairman Liebman

Under the leadership of former Chairman Wilma Liebman, the National Labor Relations Board charted a distinctly pro-labor course and generated considerable controversy.

Young Lawyer: All I Needed to Become Partner I Learned in Elementary School

While the new year brings a host of emotions to associates, the winter season is also the time when many firms name new partners.

Real Estate: Eastern District Upholds Ordinance Requiring Rental Property Inspections

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizures along with a need for a warrant judicially supported by probable cause.

GC Mid-Atlantic: Where Super Bowl Ads Meet Corporate Compliance

For most American football fans, the upcoming Super Bowl conjures fantasies of casual parties, junk food, beer, Madonna's halftime performance and, er ... wardrobe malfunctions.

Litigation: When Can You Seek to Vacate an Arbitration Award?

"Do you ever do anything right when it comes to alternative dispute resolution? How do you keep attracting clients if all you do is make mistakes?"

Asset Management: The Changing Face of Long-Term Care Insurance Policies

Long-term care insurance (LTCI), which covers services that are not provided under Medicare or private health insurance, is sold by insurance companies to provide for the cost of long-term (custodial/non-skilled) care. Policies can be sold individually or for groups. Very common are policies that insure spouses. Policies can also be owned by a third-party, such as a trust or business.

Ethics Forum: Questions & Answers on Professional Responsibility

Lawyers who are discharged by a client must protect themselves with fee letters.

Commentary: Proposed Workers' Compensation Reforms Could Harm Claimants

The Pennsylvania Chamber of Business and Industry's workers' compensation executive committee has submitted its latest proposal to further limit the rights of injured workers.

Commentary: Why a Handshake Does Not Mean What It Should in Pennsylvania

We have all seen the game show "Deal or No Deal" on television, rife with models, suitcases filled with cash and quirky hosts.

Litigation: A Clean Slate: Ways to Ease Stress and Improve Your Practice

Another new year has come and 11 more months stretch out in front of us until the next one. It's still a clean slate and there is plenty that can be accomplished in the year ahead in terms of reducing stress and improving one's enjoyment and success in the practice of law.

Commercial Litigation: Phila. Commerce Court Sustains the Pa. Business Judgment Rule

The Philadelphia Commerce Court recently issued an opinion declaring the business judgment rule alive and well for corporate boards in Pennsylvania.

Intellectual Property: The Fundamentals of European Design Patent Protection

A registered community design, often referred to as an "RCD," is the European equivalent to a U.S. design patent. Similar to a U.S. design patent, an RCD only protects the ornamental or outward appearance of a structural element or product.

Criminal Law: Changes to Megan's Law Add Challenges for Juvenile Offenders

On Dec. 20, 2011, Gov. Tom Corbett signed into law Senate Bill 1183 as Act 111 of 2011 (Megan's Law IV). The law makes extensive revisions to Pennsylvania's classification and registration requirements of adult and juvenile sexual offenders. Juvenile registration responsibilities are now extensive and violation consequences severe.

Employment Law: Employment Law Fixes That Should Be on This Year's Agenda

The new year has arrived, and savvy in-house counsel are updating company policy manuals and checking employment law compliance. Here are six workplace fixes that counsel should make sure are on the list for 2012.

Young Lawyer: Lack of Family-Friendly Firm Policies Creating a Ripple Effect

Journalists, law students and lawyers have asked hard questions recently about whether legal education should be reformed in light of the realities of today's economy.

Paralegals Page: Strategic Planning Can Help You Achieve Personal Goals

When was the last time you took a good, long look at your life? How recently have you honestly evaluated the state of your career, your level of success, and yes, even your personal happiness?

GC Mid-Atlantic: A Program for Colleges Without Lawyers to Call Their Own

When sexual abuse allegations against assistant football coach Jerry Sandusky first surfaced at Penn State University in 1998, the school didn't have an in-house lawyer.

Editorial Board: Merit Selection Is the Answer for Pa.'s Appellate Courts

Pennsylvania is in the unenviable position of having one of its Supreme Court justices being investigated by a grand jury.

U.S. Supreme Court: The 'Eyes' Have It at the U.S. Supreme Court

The Supreme Court's review of several criminal-law cases this year focuses on what can and cannot be seen by the human eye. One of those cases forces the justices to consider whether law enforcement officers' use of global positioning system (GPS) technology requires a warrant, while two other cases address the limitations of eyewitness testimony.

Legal Marketing: Marketing Items Your Firm Should Have on Its Priority List

Does this sound like your firm? It's a new year and you want your firm to grow and prosper. You have tried lots of different marketing activities over the last few years but you did not see any home runs. You are not sure which of your activities have paid off the most or the least.

Ethics Forum: Questions & Answers on Professional Responsibility

I saw an article in the American Bar Association's magazine about law students using their Westlaw accounts to do research for law firms

Litigation: To Evaluate Arguments, Know Diagnostic Testing Technologies

My previous article was the first in a series focusing on understanding the terminology in diagnostic reports, and the limitations and advantages of certain diagnostic tests. The first article focused on X-ray and MRI testing.

Commentary: Making Social Media Work for You in a Crisis

In December, a video of a FedEx delivery person tossing a computer monitor over a fence surfaced and amassed more than 4.5 million views on YouTube, as well as an innumerable amount of Twitter posts barraging the employee and the company.

Capitol Ideas : Democratic AG Candidates Need to Check Facts Regarding Sandusky Investigation

It is always challenging for statewide candidates to capture media attention, especially during a busy primary election season focused on the presidential race.

Law Firm Management: Making Merged Firms Work as One

There is no shortage of reasons why law firms decide to join forces or acquire partners. Lawyers point to increased opportunities for retaining a client base, enhanced capacity for serving larger and more prestigious clients, and a broader geographic reach as benefits of consolidation.

Public Interest: Curing America's Mass Incarceration Addiction

It's been said that when America catches a cold, Black America catches pneumonia. Certainly with respect to America's incarceration policies, that adage holds true:

Public Interest: The Dangerous Impact of Proposed Voter ID Laws

The Pennsylvania House has passed and the Senate is poised to vote on HB 934, amending state election law. Commonly known as the "Voter ID legislation," requiring all voters to produce photo ID each time they vote, this legislation will have a profound impact on our most fundamental right as Americans, posing significant questions as to who will be allowed to exercise their right to vote — and who will not.

Health Care Law: D.C. Circuit Allows Medicare Challenge to Proceed in Federal Court

On Dec. 23, the U.S. Court of Appeals for the D.C. Circuit issued a decision reversing the district court's dismissal of a civil action brought by a group of physician-owned joint ventures challenging 2008 Stark regulations that would effectively deny them reimbursement.

Workers' Compensation: Offset of Social Security Benefits Ruled Constitutional

Last month, the Commonwealth Court decided the case of White v. Workers' Compensation Appeals Board (City of Pittsburgh) , which dealt with the constitutional question of whether the "old age" retirement benefit offset provision of Section 204(a) of the Workers' Compensation Act violates the equal protection requirement of the Pennsylvania Constitution.

Asset Management: Effects of New Phila. Business Privilege Tax Legislation

On Nov. 14, 2011, Mayor Michael Nutter signed legislation intended to provide relief to Philadelphia businesses subject to the city's business privilege tax.

Insight on Diversity: Diversity Growing in Corporate America and the Law

As many know, Dan Rooney, the owner of the Pittsburgh Steelers, created the Rooney Rule in the National Football League.

Young Lawyer: Take Charge of Your Legal Career Early by Getting Ahead

The legal industry is changing. So, too, is the path to a successful career in law. These changes impact the practice of law, the business of the practice of law and legal education itself.

GC Mid-Atlantic: Developing a Game Plan to Mitigate Loss From Data Breach

As more and more of our business and personal activity is done online, "cyberrisk" becomes more prominent and the financial risk grows for both individuals and companies.

Commentary: School Faces Heavy Burden in HIV-Positive Teen's Bias Suit

On Nov. 30, 2011, Mother Smith, on behalf of herself and her minor son, Abraham Smith, filed an action against the Milton Hershey School in the Eastern District of Pennsylvania alleging a violation of the Americans with Disabilities Act.

Geekspeak: Trends, Flairs and Next Big Things: E-Discovery in 2011

In 2011, we saw the continuation of some judicial and user trends, the emergence of others and the potential that constellations of cases could signal new trends.

Pennsylvania Vice: Belgian Abbey Renovations Spur State Beer Distribution Controversy

Most arguments about the best anything are essentially unsolvable, and arguments about the best beer often break down into individual palates and geographic affinities.

Criminal Practice: Application of 'Castle Doctrine' Far From Precise

Nearly six months have passed since Pennsylvania Gov. Tom Corbett signed legislation expanding the "castle doctrine" to include home appurtenances, vehicles and public places.

Ethics Forum: Questions & Answers on Professional Responsibility

If I bring a challenge to a statute, ordinance or government regulation while litigation is pending, may I talk to the officials to attempt to have them change the law, ordinance or statute?

Legal Marketing: When Change Will Do You Good:

Business as usual is a phrase that typically denotes routine and conjures an image of the comfortable.

Litigation: Is an Attorney-Expert Privilege Developing in Pennsylvania?

In Pennsylvania's state courts, practitioners have long juggled the obligation to provide detailed, comprehensive expert reports in support of their case with their obligation to preserve the protection afforded by the attorney work-product privilege.

Litigation: The Evolving Landscape of Modern Tort Liability

The common law has provided predictability in the products liability system for decades. Despite this historically sound conclusion, proponents of legal reform, intent on reducing unnecessary legal costs and using "predictability" as their mantra, have sought ways to alter this landscape through caps on both compensatory and punitive damage awards, abolishing joint liability, eliminating the collateral source rule, limiting a seller's liability for express warranties or direct negligence, creating comparative fault for product misuse and setting a statute of repose within the ordinary use-life of most products.

Environmental Law: Environmental Hearing Board Protects Private and Public Rights

In Pennsylvania, the Environmental Hearing Board adjudicates challenges to final actions of the Pennsylvania Department of Environmental Protection. Hearings before the board are de novo, and are conducted much like a case in a trial court, albeit at times with relaxed evidentiary rules. Because its jurisdiction is limited to reviewing final actions of the department, the board has developed considerable expertise in adjudicating environmental disputes.

Bankruptcy Update: Fiduciary Duties of Directors and Officers Scrutinized in Bankruptcy Case

Well-respected and otherwise fully occupied business people and professionals are often invited to participate as members of nonprofit corporation boards of directors.

Young Lawyer: West Coast Associate Lands Chance of a Lifetime in DOMA Case

It's the kind of case, and career opportunity, that plenty of associates can only dream of. And it fell right in Rita Lin's lap.

Employment Law: Negative Evaluation Not 'Adverse Action' in Employment Context

The recent decision in Raffaele v. Potter reinforces that "unfairness" does not necessarily amount to a violation of the anti-discrimination laws.

GC Mid-Atlantic: When 'The Law' Is in the Lobby:

It is 7 a.m. You grab a cup of coffee and head out the door to catch the train to your job as in-house counsel.

Appellate Law: Repairing the Record on Appeal to Reflect the Truth

There's a saying in Pennsylvania state appellate jurisprudence that if the record on appeal does not reflect that something happened in the trial court, then that thing — even if it actually did happen in the trial court — will officially be deemed not to have happened. It is thus not too great of a stretch to observe that the record on appeal may represent, in essence, an alternate form of reality — and the only "reality" that is capable of controlling the outcome of an appeal.

Eastern District Practice: A New Resource for Federal Criminal Discovery

In federal civil litigation there is a well-defined procedure for mutual discovery for all parties. Civil discovery has become so extensive and complex that the courts have engaged in efforts to limit the practice, with mixed success. One Eastern District judge recently described the scope of e-discovery in a case before him as "staggering." The American College of Trial Lawyers formed a task force to study the growing demands of civil discovery and in 2008 issued a white paper calling for reforms including a return to fact pleading.

Ethics Forum: Questions & Answers on Professional Responsibility

Lawyers must not procrastinate when terminating a relationship with an uncooperative client.

Commentary: Pennsylvania's New Child Custody Act Strictly Applied by Superior Court

Pennsylvania's new Child Custody Act has been the topic of much debate, and, until recently, its application the topic of much speculation.

Commentary: Land Use Matter Taxing for Church

Nearly two millennia ago, Jesus of Nazareth sagely taught his followers to "render to Caesar the things that are Caesar's."

Litigation: Major Changes to Removal Jurisdiction in 2012

With surprisingly little coverage or commentary, on Dec. 7, 2011, President Obama signed new legislation that will significantly change the rules for removing cases to federal court.

Technology Law: Protecting Your Company in the New Social Media World

With the explosion of websites like Facebook, Twitter and LinkedIn, in-house counsel should give careful consideration to the unique problems social media presents, how it affects the workplace, and how to address employees' and third parties' social media usage.

Bankruptcy Update: Justices' 'Narrow' Decision Doesn't Bar 'Lock-Up' Restriction

On Aug. 30, 2011, in In re Safety Harbor Resort & Spa a/k/a S.H.S. Resort LLC , the U.S. Bankruptcy Court for the Middle District of Florida addressed whether the U.S. Supreme Court's holding in Stern v. Marshall prevented the bankruptcy court from imposing certain "lock-up" restrictions on the debtor and certain nondebtor guarantors to prevent the disposal of assets by those parties.

Technology Law: Legacy Data Could Come Back to Haunt Your Company

Legacy data — backup tapes, file shares, PSTs and other storage media — when kept indefinitely has no value or purpose.

Public Interest: Misconceptions About How the Law Affects Your LGBT Client

At Mazzoni Center, we provide a continuum of health and wellness care for clients who identify as lesbian, gay, bisexual or transgender (LGBT). As the legal director at Mazzoni, I believe that part of that holistic healing naturally includes utilizing the legal system to address issues unique to the LGBT community.

Young Lawyer: Should Law Schools Tell Underachieving Students to Go Away?

The thought may be enough to make law school deans cringe and prospective — but wary — law students applaud. Two Yale University Law School professors have suggested that law schools pay students to leave.

GC Mid-Atlantic: GCs Fear Changing Business Conditions Most in 2012

General counsel are the nerve center of the company. They have to make it their business to know something about every business their corporation works in.

Securities Law: Lower Courts Follow Matrixx's Guidance on Motions to Dismiss

Last March, in the securities class action Matrixx Initiatives v. Siracusano, the U.S. Supreme Court unanimously rejected the defendants' proposed bright-line "statistically significant" rule for determining whether adverse event reports withheld from a pharmaceutical company's public filings are material as a matter of law.

Ethics Forum: Whether or not a lawyer can charge fees beyond hourly rate depends on the fee agreement.

I am an attorney and I bill at an hourly rate of $250 an hour. As part of my bill, can I also include the time for my secretaries for typing, copying documents, etc.?

Commentary: Ten Public Relations Trends to Watch for in 2012

Tis the season for looking at the past year and peering ahead to the future. With this in mind, here's my unofficial list of 10 trends that will shape communications and the media over the next 12 months.

Rieders' Discourse: Prayer at School Board Meetings Unconstitutional, 3rd Circuit Rules

The Indian River School Board conducted a prayer at its regularly scheduled board meetings. The board meetings attended by students from the local school district.

Law Firm Management: Preparation and Use of Personal Attorney Business Plans

Personal goal-setting has become a popular and effective management tool that has been implemented by partners and associates in many of the more financially and professionally successful law firms.

Business of Law: Finding the Right Methods to Drive Revenue at Your Firm

Law firms are defined by some essential elements, such as culture, leadership, operations, strategy and the platform provided to their lawyers.

Employment Law: How to Control Vendors in the Age of HR Outsourcing

The Brookings Institution recently published a study on drones — the flying computers used to conduct surveillance and arm-chair warfare, so that pilots are never put at risk. Of increasing concern, according to the study, is the possibility of drones "going rogue," either through mishandled technology or retasking by enemies. The prospect of "drones gone wild" and potentially wreaking havoc on U.S. soil suggests that "low-cost," remotely piloted alternatives may be risky.

Public Interest Law: Special Education Should Be a Service, Not a Place

federal law, in place since 1975, offers a remarkable promise to approximately 25,000 children in the School District of Philadelphia. That law, now the Individuals with Disabilities Education Act (IDEA), tells school districts that they must reach out and find children with disabilities ? the Child Find obligation.

Young Lawyer: Law Schools Experienced a Year Full of Problems in 2011

Lots of news broke out about legal education during the past year. Unfortunately for law schools, much of it was bad. Here are the top 10 law school stories of 2011.

Health Care Law: Recent Reimbursement Programs Outside ACOs for Providers

While much of the "buzz" in the health care industry is over the concept of accountable care organizations (ACOs), the Centers for Medicare and Medicaid Services have developed other programs pursuant to the Patient Protection and Affordable Care Act that don't get as much press.

Litigation: When It Comes to Removal, Timing Is Everything

Corporate defendants sued in state court often reflexively seek removal to federal court because they believe it is a more fair and efficient forum. In contrast, plaintiffs generally fight removal because they view state court as a friendlier venue.

GC Mid-Atlantic: Best Practices for Managing Risk in the Marcellus Shale Region

Companies that either lease land for hydraulic fracturing ("fracking") or provide goods, services or workers to gas companies in the Marcellus Shale region should routinely re-evaluate their risk management strategies. A flurry of recent media attention in the last month of 2011 has provided these businesses with additional motivation to take stock of potential exposures moving forward into 2012.

Law Office Technology: Demystifying the Cloud:

The onset of electronic discovery is forcing an unprecedented level of technological understanding in the legal community, pulling practitioners outside the traditional realm of legal resources and reasoning.

Ethics Forum: Questions & Answers on Professional Responsibility

You have written columns in the past about the importance of legal history. Who do you consider to be the greatest lawyer Pennsylvania has ever produced?

Editorial Board: Looking Back - Looking Forward - Some Year End Observations

As we prepare to ring in 2012, we take a moment to appreciate some of the best of 2011 and to compile a wish-list for the new year.

Commentary: Breach of Contract in Legal Malpractice Cases

Traditionally, legal malpractice actions contain counts in professional negligence, breach of fiduciary duty, breach of contract, and perhaps fraud.

Commentary: Declaratory Judgments and Superfund Eyed by 2nd Circuit

On Dec. 19, the 2nd U.S. Circuit Court of Appeals took on the confusing question of declaratory judgments under the federal Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act.

Franchise Law: Scrutinizing Franchise Legal Claims Under Pennsylvania Law

Judges are charged with performing justice among the litigants. Members of the bar benefit when the judiciary writes not only for the litigants, but to explain its reasoning for others.

Real Estate: A Guide for Removing a Federal Tax Lien in a Short Sale

Given the current economic climate, short sales are becoming increasingly popular as a way to help homeowners avoid a foreclosure. Through a short sale, a borrower can sell a property for less than what's owed on the property's mortgage.

Asset Management: Exchange-Traded Products: Not All Created Equal

Exchange-traded products (ETPs) have dramatically increased in popularity over the past decade and become the focal point of many portfolios.

Young Lawyer: Are You 'Beer-Worthy'?

Let's face it, many lawyers are introverts. They feel more comfortable working at their desks than at a networking reception filled with strangers and awkward moments.

GC Mid-Atlantic: How to Achieve a Lasting Peace in Mass Tort Settlements

Mass tort claims can present a tremendous financial and legal burden on a company.

White Collar Law: Courts Show Continued Deference to Broad Electronic Searches

Computers and related digital devices like smartphones store increasingly massive amounts of business and personal data.

Legal Marketing: Innovations in Law Firm Marketing: Which Firms Are Doing Cool Things that Work?

Each year at holiday time, I like to give the legal community a present. In years past, it has been top tips from leading marketing consultants around the country. This year, I decided to do something different.

Professional Conduct: A Holiday Gift: An Ethical Culture for Your Firm and Clients

The holidays are a time for celebration, reflection and resolution. As lawyers who represent lawyers and other professionals, we've been focusing our reflections on the scandals surrounding some of our most revered institutions: This year, churches, law schools and universities fell into disrepute along with corrupt politicians and multi-national corporations. The juxtaposition of scandal and the occupation of Dilworth Plaza seemed more than coincidental and as we passed the tent city each day, we wondered: Have our institutions failed us and are they really beyond repair?

Ethics: Questions and Answers on Professional Responsibility

I am a judicial officer and I read your article about social media. Can I hear cases involving people I know?

Litigation: A Year of Change for Civil Litigation

My past few columns have provided year-end reviews on the topics of general civil litigation, automobile accident law and bad-faith litigation.

Commentary: Noncompetes Losing Favor as the Economy Continues to Stumble

You confidently drafted what you advised your client was an employment agreement containing an "iron clad" noncompetition clause ? reasonable as to scope, length of time and geographical limitations ? only to find the court has refused to enforce it.

Commentary: Office Politics, Not Political Discrimination

Employment law attorneys often get calls about workplace favoritism and nepotism. As unfair as the circumstances can sometimes be, there is usually nothing unlawful about the employer's actions.

Litigation: Considering How to Approach Opening Statements in Mediation

When mediation is discussed, someone invariably questions whether an opening statement by the parties at the initial joint session with the mediator is advisable.

Intellectual Property: Definition of 'Domestic Industry' Shifting in ITC Practice

In recent years, actions before the U.S. International Trade Commission to exclude importation of allegedly unfairly competitive products have become the actions of choice.

Asset Management: Tax Aspects of Foreign Investment in U.S. Real Estate

Foreign investment in U.S. real property has increased in recent years, driven, in part, by the weakness of the U.S. dollar, low interest rates and the deflation of previously high property valuations

Bankruptcy Update: Pre-Petition Services Paid for After Bankruptcy May Still Qualify for Defense

Much to a creditor's dismay, Section 547(b) of the Bankruptcy Code empowers a bankruptcy trustee to avoid and recover certain payments made to creditors within 90 days prior to the debtor's bankruptcy filing.

Young Lawyer: Making the Leap: Thoughts on My First Months of Practice

This may seem a little scattered, but there's just so much to say.

Paralegals: My Top 10 New Year's Resolutions for Paralegals

Well, it's that time of year again — time to sit down, reflect on the past year and draft some resolutions for 2012.

Employment Law: Intermittent FMLA Leave Denied Following Adoption of Child

The contours and bases for an employee's intermittent leave under the Family and Medical Leave Act remain vexing for employers and challenging for their counsel.

GC Mid-Atlantic: Reining in the Costs and Risks of Patent Litigation

Patent litigation is one of the largest costs facing high-tech companies. Because of the high cost of patent litigation, the litigation can sometimes be thought of as a "bet-the-company" risk.

Family Law: Superior Court Analyzes Relocation Under New Custody Act

The recent case of E.D. v. M.P., filed on Nov. 9, is very important for family law attorneys as it is the first reported appellate case pertaining to child custody relocation under the new Child Custody Act.

Ethics: A lawyer may negotiate a settlement with an unrepresented party in a domestic case.

I am representing a wife in a domestic case and the husband refuses to get a lawyer. I want to meet with the husband and try to negotiate a settlement with him. Can I do so or would that violate the Rules of Professional Conduct?

Appellate Law: Top Courts Value the Attorney-Client Privilege Differently

Attorneys and judges are perhaps more familiar than anyone with the value and importance of the attorney-client privilege.

Criminal Practice: Lawmakers Seek to Compensate the Wrongfully Imprisoned

A bill has been introduced in the state Senate that would provide $50,000 a year for each year of incarceration for those wrongfully convicted and confined in a Pennsylvania prison.

Civil Practice: Bad-Faith Decisions in Auto Law Context Abound in 2011

Over the past year or so there were a great number of notable bad-faith decisions handed down by the various courts of Pennsylvania. Here's a review and analysis of the most significant ones. As you will see, a number of them came were handed down by federal courts.

Penn State Abuse Scandal

View a collection of articles featuring The Legal's coverage of the ongoing Penn State Abuse Scandal.

The Marcellus Shale Play Special Report

Is the next wave of the natural gas boom happening right here at home? Click here for a collection of TLI stories about this lucrative site.

Luzerne County Scandal

Click here for a collection of articles on the corruption scandal in Luzerne County Court.

Lawyer Discusses New Guidebook: "Pa. Causes of Action"

Joel Feldman, one of the authors of the new book, "Pennsylvania Causes of Action," discusses the contents of the publication, how lawyers can use it, and what led to its creation.

E-Discovery: E-Discovery

Articles covering discovery and spoliation; the future of cloud computing; rule-based guidance; cost shifting and more can all be found in this special E-Discovery Supplement.

2011 Labor & Employment Directory

Click here to view the 2011 Labor & Employment Directory.

PaLAW 2011: The State of the Profession

Our annual look at the state of the profession in Pennsylvania, featuring statistical information on the largest 100 firms, corporate counsel, women and minority firms and our annual managing partners survey, along with analysis of what 2012 may hold.

Best Of 2011

Readers of The Legal Intelligencer rate the best providers of products and services to the legal community in this special advertising supplement.

Litigation: Personal Injury: Litigation: Personal Injury

The Personal Injury Supplement features articles on Cost Control Rationale in MVFRL Cases; Birth Injury Litigation; Wrongful Death Act Damages; Tips for Lawyers Representing Carbon Monoxide Poisoning Victims and more.

E-Discovery Special Report

This special report on E-Discovery features discussions on managing ESI dangers, SEC and FINRA investigations, taxation of E-Discovery costs, predictive coding, and the use of Rule 502(d).

GC Mid-Atlantic

The latest issue of GC Mid-Atlantic features the annual GC Compensation Survey, a directory of Corporate Counsel, an analysis of the Dodd-Frank Act, and more.

Intellectual Property Special Report

Inequitable Conduct, the ownership of engineering plans, the impact of generic top-level web domains, and IP in the cloud are all addressed in this new intellectual property supplement.

First-Year Associates

A comparison of life experience and job experience; avoiding first-year job burnout; advice on getting feedback; developing a business program; and a breakdown of hiring and retention statewide are all featured in our First-Year Associates supplement.

Construction Law Supplement

OSHA standards, "Green" Building Codes, Lien Wavers, Evidence Preservation, Withholding Payments and Source Specifications are all explored in the August 16 Construction Law Supplement to The Legal Intelligencer.

Energy Law

Articles on the "Frack panel," Pennsylvania's solar energy industry, green energy on the local level, electric capacity prices, Marcellus Shale injury exposure, natural gas regulation, and oil and gas leases are included in this special supplement on energy law.

Cooking Up Justice: Cooking Up Justice

Dive into this tantalizing collection of recipes from local attorneys, jurists and even the staff of The Legal Intelligencer. From delicious starters, to magnificent main courses to fantastic finishing touches -- there's something sure to please your palate in these pages.

Family Law: Family Law Supplement

Click here to view the full text of the July 12, 2011 Family Law Supplement to The Legal Intelligencer.

GC Mid-Atlantic

Click here to view the full text of the June 28, 2011 GC Mid-Atlantic Supplement to The Legal Intelligencer.

Auto Law: Litigation II: Auto Law

Click here to view the full text of the June 21, 2011 Auto Law supplement to The Legal Intelligencer.

Labor & Employment: Labor & Employment Supplement

Click here to view the full text of the June 14, 2011 Labor & Employment Supplement from The Legal Intelligencer.

Verdict Search's Top Verdicts of 2010

The Top Verdicts of 2010 as reported by Verdict Search contains charts of the top verdicts and settlements in Pennsylvania, along with breakout charts of selected verdict categories. Also included is a summary of the most significant verdicts.

Intellectual Property Supplement

Click here to view the full-text of the May 17, 2011 Intellectual Property Supplement to The Legal Intelligencer.

2011 Diversity Supplement

Click here to view the full text of The Legal Intelligencer's April 5 Diversity Supplement.

What's Hot, What's Not

Social media, regulatory, government affairs and health care practices, and international law are some of the topics in our "What's Hot, What's Not" special report.

Top Laterals: Top Laterals Supplement

Click here to view the full-text of the Top Laterals Supplement from the February 15 edition of The Legal Intelligencer.

Banking & Accounting: Banking & Accounting Supplement

Click to view the full-text of the February 8, 2011 Banking & Accounting Supplement to The Legal Intelligencer.

PaLAW 2010: Annual Report on the Legal Profession

View the online version of PaLAW 2010 magazine, our Annual Report on the Legal Profession.

Medical Malpractice: Litigation Supplement

Click here to view the articles from The Legal Intelligencer's January 25 Litigation Supplement dealing with Medical Malpractice.

Personal Injury: Personal Injury Supplement

Click to view the full text of the Personal Injury Supplement to the November 16 edition of The Legal Intelligencer.

Intellectual Property Supplement

Click here to view the full-text of the November 2010 Intellectual Property supplement to The Legal Intelligencer.

Healthcare Law: Healthcare Law Supplement

Click here to view the full-text of the October 26 Healthcare Law supplement to The Legal Intelligencer.

Real Estate: Real Estate Supplement

Click to view the full text of the October 12 Real Estate Supplement to The Legal Intelligencer.

SPECIAL ADVERTISING SUPPLEMENT: 2010 How-To Guide

A collection of practical, how-to articles for those working in and around the legal profession. An informative advertising supplement to The Legal Intelligencer.

Lawyers on the Fast Track: Lawyers on the Fast Track

Each year, we at The Legal Intelligencer take this opportunity to recognize young lawyers across the state who have worked tirelessly in their professional, personal and civic lives to improve the legal landscape and the future of others.

GC Mid-Atlantic

Click here to view the full text of the GC Mid-Atlantic Supplement from the September 14, 2010 edition of The Legal Intelligencer.

Alternative Dispute Resolution: ADR Directory & Supplement 2010

Click here to view the full text of the Alternative Dispute Resolution Supplement in the August 17, 2010 edition of The Legal Intelligencer.

Construction Law: Construction Law Supplement 2010

Click here to view the full text of the Construction Law Supplement in the August 3, 2010 edition of The Legal Intelligencer.

2010 Intellectual Property Directory

The 2010 Intellectual Property Directory features attorneys throughout Pennsylvania and Delaware who practice in the IP area.

New Associates: New Associates Supplement

Click here to view the full text of the July 13, 2010, New Associates Supplement to The Legal Intelligencer.

GC Mid-Atlantic: GC Mid-Atlantic Supplement

Click here to view the full-text of the June 29, 2010 GC Mid-Atlantic Supplement to The Legal Intelligencer.

Litigation: Litigation Supplement

Click here to view the full text of the Litigation Supplement in the June 22, 2010 edition of The Legal Intelligencer.

Nominations Now Accepted for Lawyers on the Fast Track

Nominations are now being accepted for the 2010 Lawyers on the Fast Track awards. Click here to download a nomination form.

Job Hunting Guide

Click here to view the full text of the Job Hunting Guide supplement to The Legal Intelligencer.

Pro Bono: Pro Bono Supplement

Click here to view the full-text of the May 25 Pro Bono Supplement to The Legal Intelligencer.

Intellectual Property: Intellectual Property Supplement

Click here to view the full text of the May 11, 2010 Intellectual Property Supplement to The Legal Intelligencer.

Environmental Law: Environmental Law Supplement

View the full text of the May 4, 2010 Environmental Law Supplement to The Legal Intelligencer.

Women in the Profession: Women in the Profession Supplement

View the full-text of the April 20, 2010 Women in the Profession Supplement from The Legal Intelligencer and Pennsylvania Law Weekly.

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