Pennsylvania

  • April 12, 2024

    FTC Taking Deeper Look At $35B Synopsys-Ansys Merger

    The Federal Trade Commission is opening an in-depth review of Synopsys' $35 billion acquisition of fellow software company Ansys, with Synopsys telling investors that the agency had issued a "second request" for information from both companies.

  • April 12, 2024

    3rd Circ. Wary Of Reinstating NJ's 'County Line' Ballot

    A three-judge federal appellate panel on Friday didn't appear to buy a New Jersey political group's argument that a federal judge's order barring the state's long-standing ballot design in the upcoming Democratic primary election infringed its right to associate with candidates.

  • April 12, 2024

    DOJ Must Cut Through Political Noise In US Steel Probe

    The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review. 

  • April 12, 2024

    US Steel Stockholders Greenlight $14.9B Sale To Nippon

    U.S. Steel said Friday that its shareholders have "overwhelmingly" approved the American steel company's nearly $15 billion takeover by Japan's Nippon Steel, a positive development in a deal that's otherwise received a high degree of political and regulatory scrutiny. 

  • April 12, 2024

    Conservative Group Defends Fee In Pa. Voter Records Spat

    A conservative legal group asked the Third Circuit on Friday to preserve its $180,200 attorney fee award in a records fight with the Pennsylvania Department of Transportation, arguing that the payout will encourage private enforcement of the National Voter Registration Act of 1993.

  • April 12, 2024

    Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys

    The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.

  • April 12, 2024

    Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • April 12, 2024

    'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit

    The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses

    An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.

  • April 11, 2024

    Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes

    The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.

  • April 11, 2024

    BNY Can't Nix Suit Alleging Mutual Fund Conflict Of Interest

    The Bank of New York Mellon must face most of the remaining claims in a proposed self-dealing class action alleging it failed to disclose conflicts of interest when funneling client assets into mutual funds and other investment vehicles that favored the bank.

  • April 11, 2024

    Judge Grants $3.2M In Fees For Wawa Class Counsel

    There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.

  • April 11, 2024

    State Bar Attys Fight Eastman's Bid To Activate Law License

    The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.

  • April 11, 2024

    Jury Frees Urban Outfitters From Trade Secrets Suit

    Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

  • April 11, 2024

    Pa. Docs Must Face Patient's Post-Op Blood Clot Death Suit

    A Pennsylvania appeals court has revived a woman's suit against her husband's physician over his death from a pulmonary embolism, saying her experts established a factual dispute over whether the doctor's failure to conduct appropriate tests or inform a surgeon of the husband's prior blood clots led to his death.

  • April 10, 2024

    3rd Circ. Won't Revive White And Williams Malpractice Suit

    The Third Circuit on Wednesday declined to revive a $30 million legal malpractice suit brought by a home improvement product manufacturer against White and Williams LLP, finding the claim should have been brought in an earlier action between the parties.

  • April 10, 2024

    Drivers Seek Nix Of Uber's Motion After 'Road Not Taken' Brief

    UberBlack drivers urged a Pennsylvania federal judge not to require them to respond to Uber Technologies Inc.'s additional filing in an independent contractor dispute after the company already submitted a brief invoking Robert Frost's poem "The Road Not Taken," saying Uber defied an order setting page limits.

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    Honeywell Sues Insurer For $8.75M Performance Bond

    A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Talc Death Liability Should Have Been Even Split, Panel Finds

    A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.

  • April 10, 2024

    DA Says SEPTA Prosecutor Law Unfairly Singles Out Philly

    An attorney for Philadelphia District Attorney Larry Krasner told a Pennsylvania appellate court Wednesday that a law mandating a "special prosecutor" within the Attorney General's Office to handle crimes within the Southeastern Pennsylvania Transportation Authority had unfairly and unconstitutionally singled out Philadelphia and his office.

Expert Analysis

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • Considerations For Cos. Amid Rising Data Tracking Suits

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    Despite the limited success of plaintiffs seeking to use older privacy laws to bring internet data tracking claims, e-commerce businesses should nevertheless take precautions to minimize their potential exposure to these suits when making decisions about how to handle website visitor data, say attorneys at Benesch.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • EPA Nod For La. Program Bodes Well For Carbon Storage

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    The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

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    The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • And Now A Word From The Panel: MDLs As A Last Resort

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    While the number of individual actions included in multidistrict litigation proceedings has exploded in recent years, it's important to remember that the Judicial Panel on Multidistrict Litigation views creation of an MDL as something that should happen only after consideration of all other options, says Alan Rothman at Sidley.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

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