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Pennsylvania
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October 17, 2024
Pa. Man Cops To Running Fake Gambling Fund
A Pennsylvania man pled guilty Thursday to stealing about $650,000 from investors who believed he was using their money to make low-risk sports bets using a "sophisticated computer algorithm."
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October 17, 2024
Athletes 'Easily' Clear 3rd Circ. Employee Test, Atty Says
The lead attorney who persuaded the Third Circuit to hold that college athletes may be employees under federal wage law said Thursday that his clients are clearly employees under the test the court set out, drawing a favorable comparison to work-study participants.
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October 17, 2024
Hogan Lovells, Ropes & Gray Lead $550M Coatings Biz Sale
Paint and coatings company PPG, advised by Hogan Lovells, has agreed to sell its architectural coatings business in the U.S. and Canada to Ropes & Gray LLP-led investor American Industrial Partners for $550 million, according to a Thursday statement from PPG.
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October 17, 2024
Philly Atty Gets 4-Year Ban Over Botched Civil Rights Case
The Pennsylvania Supreme Court has suspended a Philadelphia-based solo practitioner for four years after determining he spent 10 years communicating with a client about a civil rights case despite having failed to ever file a complaint in the matter.
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October 17, 2024
Fisher Phillips Adds Ex-Arnold & Porter eDiscovery Atty
Labor and employment law firm Fisher Phillips has expanded its Philadelphia office this week with the addition of an attorney who specializes in eDiscovery matters.
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October 17, 2024
Justices Told Woman Can't Dispute Levy For Paid-Off Tax
A Third Circuit decision allowing a woman to challenge her tax liabilities in a property-seizure proceeding should be overturned, the Internal Revenue Service told the U.S. Supreme Court, saying her case became moot after the agency withheld her tax refunds to pay off her debt.
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October 17, 2024
Unlimited Budget Won't Fix Secret Service Flaws, Panel Says
If Congress gave the U.S. Secret Service a carte blanche budget, the breakdowns that led to the assassination attempt of former President Donald Trump in July would have likely still occurred, but additional funding could help allay its "do more with less" mindset, an independent panel said in a report published on Thursday.
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October 17, 2024
States, Industry Urge DC Circ. To Scrap Truck GHG Rule
Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.
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October 17, 2024
Pa. AG Can't Get State Claims Restored In FTC Amazon Suit
A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.
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October 16, 2024
Nike Still Owes Fees In 'Cool Compression' TM Case
A Pennsylvania federal judge on Wednesday ruled for a second time that Nike is on the hook for legal fees in a trademark lawsuit after the Third Circuit ordered him to take a closer look at the details of the case to determine if the outcome was truly "exceptional."
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October 16, 2024
Pa. County Accused Of Widespread Juvenile Detention Abuse
A former inmate at a county juvenile detention center in Pennsylvania is suing the county and multiple state officials, saying he was sexually abused at the detention center, victim of an epidemic of child abuse there.
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October 16, 2024
3rd Par Funding Exec Admits To Racketeering In $100M Scam
The last member of the triumvirate behind Par Funding, a cash advance company that federal prosecutors say bilked investors out of $100 million, pleaded guilty to racketeering in Pennsylvania federal court Wednesday, just weeks before he was scheduled to stand trial.
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October 16, 2024
Atty Pressed On DMI Stock Drop Focus In Del. Merger Suit
A Delaware vice chancellor repeatedly pressed an attorney for shareholders of 3D printer manufacturer The ExOne Co. Wednesday on the relative importance of a stock drop experienced by acquirer Desktop Metal Inc. before and after shareholders voted on a $575 million merger.
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October 16, 2024
Direct Buyers Get Final OK For $44M Drug Price-Fixing Deal
A Pennsylvania federal court has granted final approval to $44.4 million in settlements between drugmakers Apotex, Breckenridge and Heritage and direct purchasers in a multidistrict litigation over alleged price-fixing in the generic-drug industry.
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October 16, 2024
Insurer Gets Philly Eagles' COVID-19 Coverage Suit Tossed
A Pennsylvania federal court on Wednesday tossed the Philadelphia Eagles' suit seeking to recover pandemic-related losses from Factory Mutual Insurance Co., citing a recent Pennsylvania Supreme Court holding that physical loss or damage requires tangible alteration to property.
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October 16, 2024
Bottling Co. Worker's Injury Suit Sent To Pa. State Court
A Pennsylvania federal judge has remanded a Niagara Bottling LLC worker's suit over an industrial accident to state court, adopting a magistrate judge's report finding that a newly added defendant removes diversity among the parties.
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October 16, 2024
Pa. AG Wants State Claims Restored In FTC Amazon Suit
Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.
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October 16, 2024
Fed. Circ. Restores Patent Fight Between LED Light Cos.
A small Utah company that claims to have developed novel LED lights persuaded the Federal Circuit on Wednesday to keep its patent lawsuit alive after a Los Angeles judge used an "improper construction" of words to allow a different company that sells light bulbs to slip out of the suit.
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October 16, 2024
EPA Defends Rejection Of Smog Rule Reconsideration Pleas
The U.S. Environmental Protection Agency told the D.C. Circuit it reasonably rejected petitions by U.S. Steel Corp. and Hybar LLC to reconsider its so-called Good Neighbor Plan to curb cross-state ozone pollution after courts stayed the rule for some affected states.
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October 16, 2024
Bipartisan Judgeships Bill In House Keeps Gaining Support
A Republican on the House Judiciary Committee on Wednesday urged the House to pass his bipartisan bill to add 66 new and temporary judgeships to address the "overwhelming caseloads" in the federal courts.
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October 16, 2024
Duquesne University Beats Ex-Gift Officer's Age Bias Suit
Duquesne University defeated a former gift officer's suit claiming he was fired for complaining that his boss reassigned work to a younger employee because he was in his 60s, with a Pennsylvania federal judge ruling that he failed to identify a comparable colleague who was treated better.
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October 16, 2024
Enforcers Won't Challenge $3B Energy Deal, $5B Coal Tie-Up
Deadlines have passed for antitrust enforcers to challenge Oneok Inc.'s deal for a $3.3 billion stake in EnLink Midstream LLC and Arch Resources Inc.'s all-stock merger with Consol Energy Inc., a deal that's expected to create a natural resources company worth $5.2 billion.
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October 16, 2024
Dermatology Practice Can't Escape Fired Doctor's Bias Suit
A Pennsylvania federal judge refused Wednesday to toss a sex and age discrimination suit from a dermatologist who said she was unlawfully fired by the private equity-backed practice that bought her business, ruling she put forward enough details to keep her claims in play.
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October 15, 2024
Feds Seek Court's OK On $350M Norfolk Southern Spill Deal
The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.
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October 15, 2024
Philly Foster Agency Settles Abuse, Death Case For $8M
A Philadelphia-based foster care and child welfare agency has agreed to pay $8 million to settle a lawsuit claiming it endangered two sisters by allowing them to remain in a home where they were abused and, in the case of the younger girl, killed at the age of 1 year old, according to their attorneys.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.