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Pennsylvania
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September 18, 2024
$24.5M Fee Sought In Del. For $125M Discovery Suit Deal
Class attorneys who secured a proposed $125 million settlement in a Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022 proposed a $24.5 million fee for their efforts Wednesday.
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September 18, 2024
Gov't Lifeline Gives Nippon A Fighting Chance On US Steel
The Biden administration has indicated it's poised to block Nippon Steel from proceeding with a controversial $14.9 billion acquisition of U.S. Steel, but the government is reportedly giving the Japanese steelmaker an additional 90 days to prove its case, a development that should give Nippon hope it can get the deal done, attorneys say.
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September 18, 2024
Pa. Jury Clears SeaWorld-Owned Park In Race Bias Trial
A Pennsylvania jury on Wednesday freed SeaWorld's Philadelphia-area park Sesame Place of claims that minority children endured discrimination by costumed performers who were accused of ignoring them during character parades.
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September 18, 2024
3rd Circ. Digs Into NLRB's Power To Punish Starbucks
A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.
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September 18, 2024
Pa. AG Sues Robot Co. Over $2M In Unfilled Orders, Refunds
A Pittsburgh robotics company took orders for more than $4 million worth of robot toys but failed to deliver many of them — and in the case of a toy based on the TV show "Rick and Morty," didn't secure the intellectual property rights — according to a consumer protection lawsuit announced by the Pennsylvania Attorney General's Office on Wednesday.
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September 18, 2024
Harvard Rips Morgue Theft Appeal's Immunity Claim
Harvard University told Massachusetts' intermediate-level appeals court that litigation over the alleged theft and sale of cadaver body parts from its medical school's morgue relies on a "crabbed" reading of an immunity law related to anatomical gifts.
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September 18, 2024
Pennsylvania Powerhouse: Hangley Aronchick
A roster of fewer than 50 high-quality attorneys with deep roots in the state who are accustomed to handling significant cases has kept Hangley Aronchick Segal Pudlin & Schiller one of the top firms in Pennsylvania over the last year.
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September 18, 2024
Penn State To Pay Over $703K To End DOL Pay Bias Probe
Penn State University said Wednesday it will pay over $703,700 to resolve U.S. Department of Labor allegations that it paid dozens of women working in maintenance, research, teaching and administrative positions less than their male counterparts.
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September 18, 2024
Montgomery McCracken Adds White Collar Litigator In Philly
Montgomery McCracken Walker & Rhoads LLP expanded its litigation services in Philadelphia with the recent addition of a white collar and defense attorney who left Saxton & Stump after more than a year to join the firm.
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September 17, 2024
Police Pension Fund Says Store Chain Inflated Stock Price
Discount retailer Five Below is facing securities class claims in Pennsylvania federal court from a Florida police officers' pension fund, which says the company falsely attributed poor financial performance to inventory shrinkage while concealing deeper operational issues, causing substantial investor losses.
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September 17, 2024
Pa. Judge Confirmed As GOP Leader Bemoans Dems' Tactics
The Senate voted 52-41 Tuesday to confirm Mary Kathleen Costello as U.S. district judge for the Eastern District of Pennsylvania, but first the chamber's top Republican took time to blast judiciary policymakers for backing what he said were Democratic initiatives regarding the federal bench.
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September 17, 2024
Benefit Funds Sue Sandoz Over Alleged Fraudulent Transfers
Several health and welfare funds have filed a class action against Sandoz Inc. and affiliates in Pennsylvania federal court, alleging the drugmaker engaged in fraudulent transfers designed to evade liabilities stemming from drug-pricing antitrust litigation.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
Holland & Knight Slams Suit Over Ex-Atty's Client Info Access
Holland & Knight LLP urged a Pennsylvania federal judge on Monday to throw out what it called a "scattershot and vague" lawsuit alleging that a former firm partner unlawfully accessed a client's confidential documents in order to gain an upper hand in the partner's contentious divorce proceeding.
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September 17, 2024
Former PNC Bank Atty Joins McNees Wallace In Pittsburgh
A former chief counsel with PNC Bank is leaving the world of in-house for McNees Wallace & Nurick, where she will help boost the firm's work in fiduciary litigation and disputes involving trusts and estates.
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September 17, 2024
Pennsylvania Powerhouse: Kline & Specter
Kline & Specter may not be responsible for the Philadelphia Court of Common Pleas' reputation for "nuclear verdicts," but some of the firm's recent wins — including an eye-popping $2.25 billion jury award against Monsanto — haven't hurt that perception, while multimillion-dollar settlements and verdicts around Pennsylvania have shown it's not just a matter of home-court advantage.
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September 16, 2024
Pa. Judge Awards Servers $400K in Atty Fee Row
A Pennsylvania restaurant group is on the hook for more than $400,000 in attorney fees in a 4-year-old wage-and-hour collective action that saw a jury verdict in favor of more than 400 servers alleging tipped wage violations, according to a federal judge's order Monday.
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September 16, 2024
3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.
The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
Ex-Union Leader's Nephew Heads Off Extortion Trial With Plea
The nephew of the former business manager of International Brotherhood of Electrical Workers Local 98 pled guilty Monday to attempting to shake down a casino contractor for a paycheck for work he never performed, Philadelphia's top federal prosecutor announced.
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September 16, 2024
Chevron Deference Invalid In Travel-Time Pay Case, DOL Says
The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.
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September 16, 2024
Schnader Harrison Inflated Bills Before Collapse, Suit Says
A Philadelphia-based real estate company caught up in a contract dispute over an allegedly botched North Carolina development project has accused the defunct Schnader Harrison Segal & Lewis LLP of engaging in a "phantom billing scheme" to boost the firm's revenue ahead of its eventual dissolution last September.
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September 16, 2024
Pennsylvania Powerhouse: Lynch Carpenter
Lynch Carpenter established itself as one of Pennsylvania's high-performing firms in 2024, from involvement on the plaintiffs' steering committee overseeing the $600 million deal to resolve the East Palestine, Ohio, train derailment litigation, to its assistance in achieving a settlement in CPAP medical device litigation of at least $479 million, as well as several wins in the realm of tuition reimbursement from universities that eliminated in-person learning during the COVID-19 pandemic.
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September 16, 2024
DraftKings, FanDuel Sued Over Use Of MLB Player Images
Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.
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September 16, 2024
King & Spalding, Winston Rep Hospice Facilities Deal
Healthcare investment banking firm Provident Healthcare Partners said Monday it assisted Crossroads Hospice & Palliative Care in its sale of a handful of hospice and palliative care facilities, in a deal crafted by King & Spalding LLP and Winston & Strawn LLP.
Expert Analysis
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Refresher On Witness Testimony In 3 Key Settings
The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.