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Pennsylvania
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Kirkland Adds 5 Skadden Attys As Firm Plans Philly Launch
National law firm Kirkland & Ellis LLP has announced plans for a new Philadelphia office to be helmed by a civil litigator who is one of five attorneys moving their practices to the firm from Skadden Arps Slate Meagher & Flom LLP.
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January 22, 2025
Lender Files Ch. 7 For Pa.-Based ATM Network Owner
Silverview Credit Partners LP has filed an involuntary Chapter 7 petition in Delaware bankruptcy court against Blackford ATM Ventures, a Pennsylvania-based operator of a network of ATMs, claiming the company owes $28.6 million for defaulted loans.
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January 21, 2025
SeaWorld Escapes New Trial Bid In Race Bias Case
Parents who unsuccessfully sued SeaWorld claiming costumed performers at its Sesame Place park in Philadelphia discriminated against minority children by allegedly ignoring the children were denied a new trial, with a federal judge ruling Tuesday the parents offered "no substantive legal argument" supporting their claims.
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January 21, 2025
Spate Of Pre-Trump EEOC Suits Hit AT&T, DHL, Dollar General
The U.S. Equal Employment Opportunity Commission launched a wave of new cases as the Biden administration came to an end, including suits accusing AT&T of unlawfully reassigning workers based on their weight and DHL of allowing widespread sexual harassment in a Tennessee facility. Here, Law360 takes a look at six lawsuits filed by the federal bias watchdog on Friday.
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January 21, 2025
NLRB Targets Post-Gazette Publisher's 'Discretion'
The proposed contracts for the Pittsburgh Post-Gazette's production unions would have left workers at a disadvantage during the grievance process because they gave the newspaper publisher broad discretion, counsel for the National Labor Relations Board suggested during a federal court hearing Tuesday.
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January 21, 2025
No Recusal Needed After Clerk Barred From Cases, Panel Rules
The Pennsylvania Superior Court backed the rejection of the Cumberland County District Attorney's Office's request that the county president judge be excluded from hearing all criminal cases because of his law clerk's alleged aggressiveness toward attorneys, reasoning there was nothing in the record to show that the judge was biased.
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January 21, 2025
Justices Won't Review Pa. Ballot Envelope Dating Rule
The U.S. Supreme Court won't weigh whether Pennsylvania's rule requiring voters to write the date on the outside of mail-in ballots violates the Civil Rights Act, or whether the federal law's ban on disqualification based on "immaterial" errors applies only to voter registration, according to orders released Tuesday.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Real Estate Recap: Trump Policy Priorities, Natural Disasters
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy expectations under President Donald Trump and the way natural disasters such as the LA wildfires are shaping commercial real estate deals.
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January 17, 2025
Par Funding's Fraud Caused $288M In Losses, Pa. Judge Says
Par Funding caused $288 million in losses stemming from a scheme to defraud investors who poured money into its cash advance business, a Pennsylvania federal judge said Friday, days after holding an evidentiary hearing where the government and the defendants sparred over dueling loss amounts.
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January 17, 2025
Bayer, J&J Minimized Drug Reaction Data, 3rd Circ. Told
A doctor urged the Third Circuit on Friday to revive his whistleblower suit against Bayer Corp. and Johnson & Johnson, arguing that the drugmakers' regulatory approval applications played down the side effects of the antibiotics Cipro and Levaquin.
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January 17, 2025
Contractor Asks Justices To Ax Iraqi Immunity In $120M Suit
A Pennsylvania defense contractor is urging the U.S. Supreme Court to unravel a D.C. Circuit decision to throw out a $120 million judgment against Iraq, arguing that review is needed to ensure a uniform interpretation of the Foreign Sovereign Immunities Act.
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January 17, 2025
Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told
Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.
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January 17, 2025
Feds Say Pa. Investment Adviser Stole $20M From Clients
A Pennsylvania investment adviser's alleged misappropriation of more than $20 million worth of client funds has landed him criminal charges and civil enforcement action from U.S. Securities and Exchange Commission.
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January 17, 2025
3rd Circ. Vexed By Remedies For Defunct Vax Mandate
The Third Circuit wrestled Friday with how it could remedy injuries claimed to be suffered by nurses who lost their jobs for not complying with New Jersey Gov. Phil Murphy's vaccine mandate for healthcare workers, asking what order it could give about something that is no longer in effect and about jobs they no longer have.
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January 17, 2025
US Steel Can't Quicken Probe Into Alleged Merger Plot
U.S. Steel won't get an expedited look into communications between rival Cleveland-Cliffs Inc. and the United Steelworkers to look for evidence of an alleged conspiracy to sabotage its $14.9 billion merger with Japan's Nippon Steel Corp., after a Pittsburgh federal judge deemed the request "premature" on Friday.
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January 17, 2025
Philly Judge Rejects Ex-Kline & Specter Attorney's DQ Bid
A former Kline & Specter partner can't disqualify an attorney representing it from his lawsuit against the firm, a Philadelphia judge has determined, because he couldn't prove he had an attorney-client relationship with the lawyer before he resigned.
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January 17, 2025
Morgan Lewis Shrinks China Presence With Shenzhen Closure
Morgan Lewis & Bockius LLP has closed its office in the Chinese tech hub of Shenzhen after less than two years, a firm spokesperson told Law360 Pulse on Friday, the latest firm to reduce its operations in the country recently.
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January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal
In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
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January 17, 2025
Vanguard To Pay SEC, States $106M Over Surprise Tax Bills
The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.
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January 16, 2025
Federal Gov't Can't Share Uber Driver's Blame For Hitting Cop
An Uber driver who hit a Philadelphia police officer detailed to a federal task force can't claim the United States shared the blame for the officer's injuries, since the U.S. government was the officer's employer and was immune under New Jersey worker's compensation law, a federal judge has ruled.
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January 16, 2025
SEC Hit With Atty Fee Request Over Rare In-House Loss
A Michigan-based company that convinced the U.S. Securities and Exchange Commission to retroactively lift a trading suspension is now arguing that the agency should have to pay the company's attorneys because enforcement staff "lied and misled" in order to obtain the suspension.
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January 16, 2025
Law Prof Accuses Penn Of Race Bias Over Disciplinary Action
A white Jewish law professor accused the University of Pennsylvania in federal court Thursday of harshly punishing her for making observations about Black student achievement while allowing other faculty members to get away with disparaging and threatening Jews and Israelis, in violation of federal law.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Penn. Right-To-Know Case Raises Record-Access Precedent
The Pennsylvania Supreme Court recently held that the nonprofit Pennsylvania Interscholastic Athletic Association was subject to the state's Right-To-Know Law, establishing an expansion that allows access to public records of organizations that perform work or have some role associated with statewide governance, says Delene Lantz at Saul Ewing.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.