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Pennsylvania
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November 04, 2024
Pa. Jury Finds Fastener Co.'s Ads Infringing, But Charts OK
A Philadelphia jury has delivered a mixed verdict in an industrial fastener manufacturer's intellectual property lawsuit against its competitor, finding that Peninsula Components Inc. improperly used Penn Engineering & Manufacturing Corp.'s "PEM" trademark in its online ads, but deciding that the mark's appearance on specification comparison charts was fair use.
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November 04, 2024
Philly DA Can't Stop Elon Musk's $1M Giveaway To Voters
A Pennsylvania judge on Monday denied Philadelphia District Attorney Larry Krasner's bid to halt Elon Musk's $1 million giveaway to registered voters leading up to the 2024 presidential election, issuing a one-page order ending the prosecutor's claims that the tech mogul was operating an illegal lottery.
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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
Pa. High Court Says Undated Ballots Still Won't Count Nov. 5
The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Real Estate Recap: Election Expectations, EB-5, $50B PE Bet
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.
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November 01, 2024
The Push To End 'Prison Gerrymandering' Gains Momentum
Opponents of so-called prison gerrymandering are having success fighting to end the practice, which they say reduces the political representation of minority communities in favor of rural, white areas, but obstacles like poor data and political opposition remain.
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November 01, 2024
Suit Says Nursing Home Let Resident Fatally Fall Down Stairs
A Pittsburgh-area nursing home failed to recognize the high level of supervision needed for a resident prone to wandering off, and left her alone long enough that she rolled her wheelchair down a flight of stairs and died, her family said in a lawsuit filed in Pennsylvania state court.
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November 01, 2024
Unisys Settles Trade Secrets Dispute with Ex-Execs
Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.
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November 01, 2024
High Court Leaves Pa. Fix For Nixed Mail Ballots In Place
The U.S. Supreme Court left in place Friday a ruling from the Pennsylvania Supreme Court allowing voters in the battleground state whose mail-in ballots are rejected as defective to submit provisional ballots on Election Day as replacements.
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November 01, 2024
Goddard Systems Can't Escape $11M Shaken Baby Lawsuit
A Connecticut state judge won't let Goddard Systems Inc. out of an $11 million lawsuit alleging that one of its franchisees' negligence in hiring led to an employee permanently injuring a child, saying there are questions about how much control Goddard Systems had over the franchisee's background checks.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
How 2024 Election Litigation May Look Different From 2020
Courts are fielding a flood of lawsuits over the 2024 presidential election, with more certainly to come, but those suits may have some significant differences from the ones that played out in 2020, according to experts.
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November 01, 2024
Pennsylvania's Attorney General Race: Four Things To Know
In the race for Pennsylvania attorney general, a former county prosecutor and a two-term auditor general are facing off for the chance to be the Keystone State's top lawyer — both with ties to York, Pennsylvania, and Widener University Commonwealth Law School in Harrisburg. But whether they'd be more at home in the office's criminal prosecution or civil litigation roles depends on the candidate.
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November 01, 2024
Pillar Aught, Kilpatrick Guide $127M Pa. Bank Merger
Pillar Aught and Kilpatrick Townsend & Stockton LLP are guiding a roughly $127 million all-stock merger of two Pennsylvania community banks, Mid Penn Bancorp Inc. and William Penn Bancorporation, the banks announced Friday.
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October 31, 2024
3rd Circ. Preview: Boy Scouts' Ch. 11 Plan Row Tops Nov.
The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.
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October 31, 2024
CVS Unit Exec's Ex-Partner Charged With Insider Trading
The former domestic partner of a top executive at Oak Street Health Inc., a primary care provider network owned by CVS Health Corp., was charged in Philadelphia federal court Thursday with insider trading on advance information about CVS' $10.6 billion deal to buy Oak Street in 2023.
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October 31, 2024
Drug Cos. To Pay $49M For State-Led Generic Pricing Claims
A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.
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October 31, 2024
A Boeing Space Exit, $3B Hot Dogs And More Deal Rumors
Like the two astronauts currently stranded on the International Space Station, Boeing is reportedly looking to get out of space — by exiting its NASA business. In earthly news, foreign meat companies are reportedly eyeing popular hot dog brand Oscar Mayer at a price tag that could approach an arguably gluttonous $3 billion, and Blackstone could shell out five big ones — $5 billion, that is — for a cellphone infrastructure business. Here, Law360 breaks down these and other deal rumors from the past week.
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October 31, 2024
Erie County Grappling With Missing, Mismatched Mail Ballots
Election officials in Erie County, Pennsylvania, may open satellite offices and offer extended hours in the final days before the election to deal with an anticipated influx of voters who never got the mail-in ballots they requested or got someone else's ballot, a problem the county blamed on an Ohio-based vendor and the vendor pinned on the post office.
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October 31, 2024
Philly DA's Suit Over Musk's $1M Voter 'Lottery' Goes Federal
A Pennsylvania federal judge is set to decide whether Elon Musk's $1 million daily giveaway to battleground state voters who sign a pledge from his PAC is an illegal lottery, as Philadelphia District Attorney Larry Krasner claimed in a suit transferred to federal court on Thursday.
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October 31, 2024
Suit Against Indicted NJ Power Broker Sent To Biz Court
A New Jersey state court on Wednesday granted indicted Garden State power broker George E. Norcross III's request to transfer the civil racketeering suit brought against him and his attorney brother by a Philadelphia developer to the state's complex business litigation program.
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October 31, 2024
6th Circ. Judge Frets Tech Updates May Stymie Class Actions
Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class action or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.
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October 31, 2024
3rd Circ Rejects Charter Co. Exec's Ineffective Counsel Claims
The co-founder and former executive of a now-defunct public air charter operator has lost a bid to escape a fraud conviction on the grounds her lawyers provided ineffective counsel in her criminal trial, with a unanimous Third Circuit panel determining the jury would not have been swayed by a different trial strategy.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
Expert Analysis
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.