Pennsylvania

Expert Analysis

• Bias Case Gives Justices Chance To Rethink Title VII

  

  If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• What Pa. Employment Suit Means For Medical Cannabis Users

  

  In allowing Palmiter v. Commonwealth Health Systems to proceed, a Pennsylvania state court joins a national trend to allow medical cannabis patients to proceed with unlawful termination claims based on off-site medical cannabis use, say Ruth Rauls and Matthew Smith of Saul Ewing.

• 3rd Circ. Sheds Light On Ch. 11 Liability Release Approval

  

  In Millennium Lab, the Third Circuit recently upheld the Delaware bankruptcy court's authority to approve a Chapter 11 plan containing nonconsensual liability releases, offering guidance on the factors courts may consider in deciding whether to approve them, says Jane VanLare of Cleary.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• State Net

  How States Are Responding To The Insulin Price Crisis

  

  Increases in the need for insulin and dramatic surges in its cost have made access to the drug one of the biggest health policy issues at the state and federal level, and now state legislators are taking action to rein in prices, says Dave Royse of State Net Capitol Journal.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Uber Policy Calls For Refresher On ABA Confidentiality Rules

  

  Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

• Opinion

  2 Overlooked Advantages Of Hourly Fees

  

  Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.

• A Lower Bar To Prove Market Efficiency In Securities Cases

  

  Several federal courts' recent securities fraud decisions have reaffirmed that a 95% confidence level is not necessary in all instances of measuring stock price reactions, and is inconsistent with the preponderance of the evidence standard in civil actions, say John Esmay and Philip Leggio at Labaton Sucharow.

• 5 Things To Watch In Litigation Finance This Year

  

  As 2020 arrives, we may see new products and initiatives in litigation finance that we can’t imagine yet, but one thing is clear — this industry is well past its earliest stage and is entering a very active growth spurt, says Ralph Sutton of Validity Finance.

• Hottest Legal Industry Guest Topics Of 2019

  

  This year guest contributors discussed tips for lawyers combating burnout and dealing with narcissists, how millennials are changing law firm culture, BigLaw’s move toward plaintiff-side litigation and other legal industry trends.