Pennsylvania

  • November 25, 2020

    Trump Wants Giuliani To Take Center Stage At 3rd Circ.

    President Donald Trump's reelection campaign wants the Third Circuit to hear oral arguments on a bid to reverse President-Elect Joe Biden's win in Pennsylvania, and they want Rudy Giuliani to represent them despite his panned performance in the lower court and the fact that he's not certified for the Third Circuit.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Pa. Judge Halts Election Certification For Mail-In Vote Fight

    A Pennsylvania judge on Wednesday ordered the state to temporarily pause further action on certifying its 2020 election results until her court holds a hearing on a lawsuit seeking to declare all mail-in votes in the Keystone State unconstitutional, but the state immediately appealed.

  • November 24, 2020

    Pa. Certification Means Game Over For Trump, 3rd. Circ. Told

    Pennsylvania counties and election officials urged the Third Circuit on Tuesday to reject an appeal from President Donald Trump's reelection campaign, arguing that his efforts to toss out votes from Democratic-leaning counties were futile and moot after the Keystone State certified President-elect Joe Biden's win there.

  • November 24, 2020

    Networks Say Looser Ownership Rules Could Save Broadcast

    The U.S. Supreme Court must not seal a bleak future for TV networks by maintaining Federal Communications Commission ownership restrictions that prevent local stations from combining, major broadcasters wrote in amicus briefs filed Monday.

  • November 24, 2020

    No Discrimination Ban For Medical Pot Patients, Hospital Says

    A Pennsylvania hospital system urged a federal judge to throw out parts of a discrimination lawsuit filed by a former employee who was fired after testing positive for marijuana, saying state courts have rejected the idea that medical pot use is protected.

  • November 24, 2020

    Bid To Toss Mail-In Votes Is Two Elections Too Late, Pa. Says

    A Republican member of Congress' last-minute bid to throw out about 3 million mail-in votes in Pennsylvania came more than a year and two elections too late, the state and its Republican-majority Legislature told a Keystone State court on Monday.

  • November 24, 2020

    Mass. AG Says Gym Chain Ignored Cancellations Amid Virus

    The bankrupt parent company of Boston Sports Clubs has illegally charged fees for unwanted memberships and failed to honor cancellation requests during the coronavirus pandemic, Massachusetts Attorney General Maura Healey alleged in a suit Tuesday.

  • November 24, 2020

    Energy Drink Co. Denied Defense Of '5-Hour Energy' IP Suit

    A Pennsylvania federal judge ruled Monday that energy drink company Vitamin Energy LLC cannot force Evanston Insurance Co. to cover its costs in a trademark infringement and false advertising suit brought by the makers of 5-Hour Energy drink "shots," because the suit doesn't assert any potentially covered disparagement claims.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Pa. Retailers Accused Of Wrongly Charging Tax On Masks

    Several Pennsylvania retailers and big-box stores, including Walmart and Home Depot, wrongly charged sales tax on tax-exempt protective face masks and face coverings, claimed a proposed class action filed in a state court.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 24, 2020

    Dechert Steers $15B Tie-Up Of FS KKR Biz Development Cos.

    Business development companies FS KKR Capital Corp. and FS KKR Capital Corp. II said Tuesday they plan to merge into a single entity with about $14.9 billion in assets under management, a deal arranged with help from Dechert LLP.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Trump Asks 3rd Circ. For 2nd Shot At Upending Pa. Election

    President Donald Trump's reelection campaign asked the Third Circuit on Monday to give it a second chance at tossing enough Pennsylvania votes to swing the state's electors, after his federal lawsuit was dismissed over the weekend.

  • November 23, 2020

    Philly Refinery Lender Wants $1.3B Ch. 11 Ruling Flipped

    Lenders who lost a Delaware Bankruptcy Court ruling on division of $1.25 billion in insurance proceeds after a Philadelphia refinery explosion in 2019 told a U.S. District Court judge on appeal Monday the winning side wrongly sought to "tear the policy in half."

  • November 23, 2020

    Merck Again Denied In Bid To Arbitrate Vaccine Antitrust Suit

    A Pennsylvania federal judge on Friday refused for a second time to force doctors' practices into arbitration on proposed class action claims that Merck Sharp & Dohme Corp. unlawfully overpriced vaccines, finding that discovery mandated by the Third Circuit shows they're too far removed from the arbitration provisions.

  • November 23, 2020

    Pa. Justices Say Ballots Missing Minor Info Can Be Counted

    The Supreme Court of Pennsylvania ruled Monday that counties can count mail-in ballots that had minor technical defects with their outer envelopes, such as missing handwritten dates, addresses or voter names, freeing up thousands of votes that had been held up by litigation by President Donald Trump's reelection campaign.

  • November 23, 2020

    Comcast Gets Technician's Age Bias Suit Sent To Arbitration

    An Illinois federal judge ruled Monday that a former Comcast network technician must arbitrate an age bias suit claiming he was hit with bogus misconduct allegations and then fired, unswayed by his argument that he did not recall entering an arbitration pact with Comcast.

  • November 23, 2020

    Chancery Nixes Metals Co. Dispute Revived By Del. Justices

    The Delaware Chancery Court has dismissed a dispute that the state's Supreme Court had revived in January over the ownership and debts of a Pennsylvania metals company, finding the suing European investors had failed to join part of the company's prior ownership, and likely couldn't bring them into the case because of their international citizenship.

  • November 23, 2020

    EPA Looks To Dodge Chesapeake Bay Pollution Suits

    The U.S. Environmental Protection Agency is arguing states don't have standing to sue it for failing to enforce provisions of a pollution reduction agreement for the Chesapeake Bay Watershed because the relevant provisions are more road maps than hard rules.

  • November 23, 2020

    Landlord On Hook For NY Sports Club Tanning Center Lease

    A Manhattan landlord lost a bankruptcy court fight in Delaware Monday over claims that it got burned when a tanning salon licensed to use space in a Town Sports International site in Manhattan was left behind in a Chapter 11 lease rejection move by the gym chain.

  • November 22, 2020

    Trump Appeals After Failed Bid To Block Pa. Election Cert.

    President Donald Trump's reelection campaign launched an appeal to the Third Circuit on Sunday following a judge's decision a day earlier rejecting its bid to bar Pennsylvania election officials from certifying Joe Biden's win in the state's presidential election this month.

  • November 20, 2020

    Ex-Fox Rothschild Aide Plans To Appeal Loss In Sex Bias Suit

    A former Fox Rothschild LLP legal aide told a New Jersey federal court Friday that she planned to appeal its October decision dismissing most of her suit alleging that a former lawyer for the firm sexually assaulted her and that Fox Rothschild brushed aside her complaints.

  • November 20, 2020

    Close Pa. State Senate Race Could Hinge On Undated Ballots

    The Pennsylvania Supreme Court agreed Friday to decide if the Allegheny County Board of Elections should count more than 2,300 mail-in ballots that were missing a handwritten date, which could potentially sway a state Senate race outside Pittsburgh that was tied as of Friday morning.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • How Federal Virus Liability Law Will Apply To Vaccine Claims

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    Three federal court decisions addressing the Public Readiness and Emergency Preparedness Act suggest that the law likely preempts state claims related to a COVID-19 vaccine, but is unlikely to cover the failure to administer the vaccine, says Nathan Adams at Holland & Knight.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Ex-Informant Ruling Guides On Challenging SEC Enforcement

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    A New Jersey federal court’s recent decision in a dispute between the U.S. Securities and Exchange Commission and a former government informant highlights the agency's obligations as a litigant, and offers guidance for challenging enforcement actions in court, say attorneys at Troutman Pepper.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

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