August 09, 2017 | The Legal Intelligencer
A Shift Away From Exclusive Regulation of Attorney Conduct by the Courts?The practice of law in Pennsylvania has been traditionally regulated by the Supreme Court of Pennsylvania. However, recent developments have called into question the presumption that only the court may regulate attorneys, suggesting that it is yielding at least some of that authority to the Pennsylvania legislature under certain circumstances.
By gaetan J. alfano and matthew olesh
5 minute read
August 09, 2017 | Delaware Business Court Insider
Drop Shipped Goods Failed to Qualify for Administrative Expense Priority in BankruptcyIn order for a creditor who supplies goods to a debtor within 20 days before the bankruptcy petition is filed to recover the value of the goods as a priority administrative expense under Section 503(b)(9) of the Bankruptcy Code, the debtor must have had physical possession of the goods and not merely constructive receipt.
By Barry M. Klayman and Mark E. Felger
6 minute read
August 04, 2017 | The Legal Intelligencer
Commonwealth v. Barnes, PICS Case No. 17-1183 (Pa. Super. July 10, 2017) Stabile, J.; Ransom and Dubow, J.J., concurring (29 pages).The trial court erred in sentencing defendant to the maximum term of imprisonment of 40 years for attempted murder in the absence of evidence of serious bodily injury to the victim. The court vacated the judgment of sentence and remanded.
By Carley Meiners | The Legal Intelligencer
3 minute read
August 04, 2017 | The Legal Intelligencer
Commonwealth v. Berry, PICS Case No. 17-1184 (Pa. Super. July 10, 2017) Olson, J. (19 pages).Criminal conflict of interest statute did not violate separation of powers, where it did not attempt to regulate conduct specifically regulated as part of the practice of law. Judgment of sentence affirmed, case remanded for resentencing.
By Carley Meiners | The Legal Intelligencer
7 minute read
August 04, 2017 | The Legal Intelligencer
Commonwealth v. Weimer, PICS Case No. 17-1187 (Pa. Super. July 7, 2017) Lazarus, J. (39 pages).Unlawful contact with a minor conviction should have been graded as a default third-degree felony where jury was not charged to make a finding as to what offense defendant contacted the victim minor with the purpose of committing, thereby precluding a grading of the conviction. Order of the PCRA court affirmed in part and reversed in part.
By Carley Meiners | The Legal Intelligencer
7 minute read
August 03, 2017 | The Legal Intelligencer
People in the News—Aug. 4, 2017—Flaster GreenbergFlaster Greenberg managing shareholder Alan H. Zuckerman was appointed to serve a one-year term as a member of the board of directors for the Greater Atlantic City Chamber.
By Carley Meiners | The Legal Intelligencer
14 minute read
August 02, 2017 | Delaware Business Court Insider
Losing Stockholder Standing to Assert and Enforce Corporate Inspection RightsThe rights of stockholders to demand to inspect a corporation's books and records under state corporation laws are a powerful method of ensuring the stockholders' rights and interests are safeguarded
By Jacqueline P. Rubin and Matthew D. Stachel
10 minute read
August 02, 2017 | Delaware Business Court Insider
Chancery Court's Equitable Jurisdiction to Compel Transfer of Escrowed FundsThree recent decisions by Delaware courts have addressed the appropriateness of equitable relief to acquire funds held in escrow post-closing of a transaction.
By Travis J. Ferguson
6 minute read
July 31, 2017 | The Legal Intelligencer
Stengel Named Pa. Eastern District Chief JudgeU.S. District Judge Lawrence Stengel has been named as chief judge of the Eastern District of Pennsylvania. Stengel was set to take over the position from Judge Petrese Tucker, who has led the court since January 2013. The change is effective Tuesday.
By Max Mitchell and P.J. D'Annunzio
3 minute read
July 31, 2017 | The Legal Intelligencer
Two Firms Putting Their Money Where Their Mouths AreI am a client service junkie. I admit it. I am always on the lookout for law firms who are doing more than lip service and actually creating protocols and initiatives to make every client feel special. And it is well worth the effort. According to BTI Consulting, "when firms adopt—and truly live by—(client service) standards, their growth in profits per attorney is 1.5 percent higher than firms not applying a consistent client experience across their firm." Michael Downey, a past president of the American Bar Association's (ABA) law practice management section states that "lawyers' failure to return phone calls, communicate on matters and move matters forward are major causes for ethics complaints."
By Stacy West Clark
12 minute read
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