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Pennsylvania
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January 14, 2025
DOL Backs Uber Drivers' Bid To Revive Employment Case
The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.
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January 14, 2025
Pittsburgh Can't Pay To Bow Out Of Bridge Collapse Suits
The city of Pittsburgh can't put up $500,000 and hope to step away from the storm of litigation over the 2022 collapse of the Fern Hollow Bridge, a Pennsylvania state court judge has ruled.
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January 14, 2025
Fleeing-Or-Eluding Not Grounds For Removal, 3rd Circ. Says
A Kenyan man allowed to enter the U.S. on a diversity visa can't be subject to deportation based on two felony convictions for vehicular fleeing or attempting to elude police in Pennsylvania, the Third Circuit said in a precedential opinion on Monday.
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January 14, 2025
Police Commissioners Must Face Bulk Of Officers' OT Suit
A Pennsylvania federal judge refused to throw out the majority of a proposed class action from ranking officers accusing the Philadelphia Police Department of failing to alert them of their overtime eligibility, but determined that municipal policies providing for certain overtime pay do not constitute a contract.
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January 14, 2025
Jones Day-Led Wabtec Paying $1.8B For Evident Tech Unit
Jones Day-led freight and rail equipment provider Wabtec Corp. said Tuesday it has agreed to acquire Ropes & Gray LLP-advised Evident's inspection technologies division for $1.78 billion.
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January 14, 2025
K&L Gates Inks 15-Year Lease For Smaller Pittsburgh Office
K&L Gates LLP has signed a new 15-year lease to remain in its central business district location in the heart of Pittsburgh in a smaller, more flexible workspace, the firm announced Monday.
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January 13, 2025
Feds Say Par Funding Fraud Caused $404M In Losses
Prosecutors and defense attorneys spent hours in a marathon hearing Monday trying to convince a Pennsylvania judge of how much financial damage they thought the principals of the Par Funding merchant lending business did by allegedly fleecing investors, with the government pushing for a $404 million figure.
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January 13, 2025
Fintech Partner Banks Face Suit Over Synapse Financial Collapse
Banks that partnered with financial technology companies face mounting proposed class action allegations over the "inexplicable" loss of $85 million on the heels of the bankruptcy of intermediary software company Synapse Financial Technologies Inc.
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January 13, 2025
Shift4 To Pay SEC $750K For Undisclosed Family Payments
The U.S. Securities and Exchange Commission said payment processing firm Shift4 Payments Inc. will pay $750,000 to settle allegations it failed to report over $4 million in payments it made to immediate family members of the company's executives and directors.
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January 13, 2025
Attys Seek $4.4M In Fees For Gas Well Plugging Settlement
Attorneys from Bailey & Glasser LLP and Appalachian Mountain Advocates asked a West Virginia federal court for $4.4 million in fees, in a settlement that will require Diversified Energy Co. to more than quadruple its plans for plugging inactive oil and gas wells it had obtained from EQT in six states.
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January 13, 2025
Ex-Sacks Weston Atty's Theft Supports Suspension, Court Told
The severity of a suspended Philadelphia attorney's actions when he defrauded his former firm, Sacks Weston LLC, of almost $320,000 supports the Pennsylvania Disciplinary Board's recommendation of a five-year suspension of his law license, the state's Office of Disciplinary Counsel has argued.
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January 13, 2025
76ers Drop Controversial Plan For New Center City Arena
The Philadelphia 76ers are going to stay in South Philly rather than pursuing a plan to move into a new stadium by Chinatown, according to announcements Monday from the City of Brotherly Love's mayor and the 76ers' owner.
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January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says
A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Pa. AG Urges 3rd Circ. To Revive Uber Drivers' Wage Suit
Pennsylvania's attorney general urged the Third Circuit to revive a class action accusing Uber of misclassifying drivers as independent contractors, saying the worker-friendly Pennsylvania wage and hour law claims should not have been thrown out.
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January 13, 2025
Philadelphia Litigation Firm Born From 3-Firm Partnership
Drawing on decades of diverse experience, a group of seasoned leaders from three law firms have joined forces to launch Cohen Vaughan LLP, a Philadelphia-based litigation firm that brings 75 attorneys across 18 offices in seven Eastern states under one roof.
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January 13, 2025
Justices Won't Weigh Del. Gun Laws, Injunction Standards
The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.
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January 12, 2025
Hospital Operator Hits Ch. 11 With $1B-Plus Debt, Sale Plans
Listing more than $1 billion in debts, California-based hospital operator Prospect Medical Holdings Inc. and several subsidiaries on Saturday filed a Chapter 11 petition in bankruptcy court in the Northern District of Texas, saying they intend to advance the planned sales of several facilities and refocus on operations in their home state.
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January 12, 2025
Justices To Review Whether Ex-Wife Can Challenge Tax Levy
The U.S. Supreme Court will review a Third Circuit decision allowing a woman to continue challenging what she claims was an improper application of her tax payment to her ex-husband's bill even after the Internal Revenue Service stopped pursuing a proposed property seizure against her.
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January 10, 2025
Comcast Urges 2nd Win Over Viamedia Market Shutout Claims
Comcast and Viamedia clashed Friday over whether an Illinois federal judge should decide if Comcast's platform connecting spot cable providers to advertisers is a one- or two-sided platform as she determines whether Viamedia's market monopoly claims should go to trial, as the Seventh Circuit once envisioned.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
3rd Circ. Won't Revive Ex-US Steel Worker's Race Bias Suit
The Third Circuit upheld U.S. Steel's win over a Black former train operator's lawsuit claiming he was fired after he was erroneously blamed for a 2015 derailment, ruling Friday he'd failed to show his race cost him the job rather than his lengthy disciplinary record.
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January 10, 2025
Receiver Sought For Pittsburgh Landmark In $143M Default
A group of lenders seeking to foreclose on part of Pittsburgh's Station Square development over a $143 million loan default wants a Pennsylvania state court to appoint a receiver to take over management and marketing of the properties, according to court filings.
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January 10, 2025
Senior Living Co. Sued Over Alleged Breach Of Worker Data
A former employee of a Delaware-headquartered, multi-state support organization for affiliated senior living centers has lodged a proposed class action against the business in Pennsylvania federal court, alleging damages tied to a cyberattack that exposed employee data.
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January 10, 2025
Law School Admissions Council Sued For Bias By DEI Staffer
A Black woman and former manager of the Law School Admission Council's diversity initiatives on Friday sued the nonprofit, claiming she was passed over for promotion because she complained about alleged discrimination by one of her supervisors.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.