Pennsylvania

  • August 21, 2024

    FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss

    The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.

  • August 21, 2024

    Full 3rd Circ. Won't Hear Distillery Investor's RICO Case

    An investor in a Pennsylvania craft distillery who accused his former business partner and a bevy of associates of racketeering, fraud and trade secret violations has failed to persuade a Third Circuit panel or the full court to take another look at his arguments about reviving the dismissed case.

  • August 21, 2024

    Ex-College Dean Scores $3.9M Jury Verdict In Retaliation Suit

    A Pennsylvania university, the system that oversees it and two university administrators must pay over $3.9 million to a former business school dean who claimed he was fired for helping an administrative assistant report sexual harassment, after a federal judge accepted a jury's award Wednesday.

  • August 21, 2024

    US Army Escapes Nebraska Tribe's Repatriation Suit

    A federal district court judge won't order the U.S. Army to repatriate the remains of two Native American children from a boarding school cemetery in Pennsylvania, saying provisions of a law designed to protect Indigenous burial sites don't apply to the 180 children entombed there for more than a century.

  • August 21, 2024

    3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute

    The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.

  • August 21, 2024

    Arch Resources, Consol Energy To Form $5.2B Energy Giant

    Latham & Watkins LLP attorneys guided Arch Resources Inc. in its all-stock merger with Consol Energy Inc. on Wednesday to create a new natural resources company dubbed Core Natural Resources with a market capitalization of approximately $5.2 billion.

  • August 21, 2024

    Kline & Specter, Ex-Firm Atty Partially Resolve Legal Battle

    The legal battle between Kline & Specter and an attorney who formerly worked at the firm, Thomas Bosworth, has eased somewhat with the settlement of three lawsuits involving the parties.

  • August 21, 2024

    Travelers Settles With Pa. Firm Over Stealing $1M From Client

    A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.

  • August 21, 2024

    Calif. AG Secures Rite Aid Deal Ensuring Pharmacy Access

    California Attorney General Rob Bonta has announced a settlement with Rite Aid Corp. that will allow his office to oversee any changes in ownership of the company's retail pharmacy outlets across the state.

  • August 21, 2024

    3rd Circ. Rejects Ex-Engineering Co. GC's Benefits Suit

    The Third Circuit refused Wednesday to revive a former general counsel for an engineering company's suit claiming he was stiffed on over $100,000 in retirement benefits, rejecting his argument that a $1 million payout he got from the company should have been factored into his benefits package.

  • August 20, 2024

    Under Armour Looks To End Case From Ex-Supplier

    Under Armour Inc. asked a Pennsylvania federal court to end a former supplier's claims that it blocked competition for recovery-enhancing clothing, saying the company is not a competitor and has no evidence supporting its antitrust or other claims.

  • August 20, 2024

    Pa. Justices Say No Public Benefit To Railroad Land Grab

    The general public needed to be the primary beneficiary for a railroad to use eminent domain to take over part of a property and reactivate a siding, and that standard was harder to meet now compared with when a century-old precedent was set, the Supreme Court of Pennsylvania ruled Tuesday.

  • August 20, 2024

    Texas Judge Blocks FTC's Impending Ban On Noncompetes

    A Texas federal judge on Tuesday permanently blocked the Federal Trade Commission's looming ban on noncompete agreements in employment contracts, setting aside the regulation with a conclusion that it's beyond the agency's authority.

  • August 20, 2024

    Pa. Panel Says Estate Is Entitled To Stacked UIM Coverage

    The estate of a Pennsylvania man who died assisting a motorist is entitled to stacked underinsured motorist benefits under a commercial policy issued to a trucking business the man controlled, a state appeals court ruled, noting the trucking company already paid higher premiums for such coverage.

  • August 20, 2024

    Feds Fight Ex-Pa. Town Official's Appeal Of CWA Conviction

    The federal government on Tuesday urged the Third Circuit to reject a former Pennsylvania township official's bid to undo his conviction for environmental and financial crimes committed during his time as director of the municipality's sewage authority.

  • August 20, 2024

    Vax Patent Battles Heat Up As Attention On Pandemic Wanes

    It's been over four years since clinical trials began for COVID-19 vaccines, and while the shots have helped the pandemic recede, the lucrative technology has spurred numerous patent suits, many of which are still in the early stages. Here's a look at some of the key cases in the U.S.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 20, 2024

    Catching Up With Delaware's Chancery Court

    A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.

  • August 20, 2024

    Philadelphia, Insurer Settle Trans Firefighter's Surgery Suit

    The city of Philadelphia, Independence Blue Cross and a firefighters union agreed to settle a transgender firefighter's suit claiming she was unlawfully denied coverage for facial feminization surgery, just weeks after a Pennsylvania federal judge refused to let the insurer out of the case.

  • August 19, 2024

    MOVEit MDL Judge's Call For Order Met With Atty Squabbles

    A federal judge's effort to streamline multidistrict litigation over a 2023 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.

  • August 19, 2024

    Aramark Gets Green Light For Solo Turkey Antitrust Case

    An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.

  • August 19, 2024

    Monsanto Faces Jury In 5th Philadelphia Roundup Trial

    For the fifth time in a Philadelphia courtroom, jurors were told Monday by plaintiffs' attorneys that Bayer AG unit Monsanto sold its flagship weedkiller Roundup knowing it had cancer-causing properties, but failed to warn consumers about the potential danger so it could make a profit.

  • August 19, 2024

    Philly To Pay $25M For Breaking Prison Conditions Settlement

    A federal judge has ordered Philadelphia to set aside $25 million to ramp up recruitment and retention efforts for the city's Department of Prisons, just over a month after the court found the city in contempt of a settlement in a lawsuit over prison conditions.

  • August 19, 2024

    Pennsylvania Litigation Highlights Of 2024: A Midyear Report

    Pennsylvania courts have been the scene of several explosive cases in the first half of 2024, including one that produced an astronomical $2.25 billion verdict against Bayer AG unit Monsanto in the Roundup mass tort unfolding in the Philadelphia County Court of Common Pleas.

Expert Analysis

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

  • 2 Cases May Expand CFPB's Reach On Deceptive Practices

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    In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.

  • Exclusivity Loss Holds Power In Trade Secret Damages Claims

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    A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

  • Section 363 Ruling Lines Up With Avoidance Action Precedent

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    While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

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