Kristie Rearick is the magazines and publications editor at The Legal Intelligencer. She handles contributed content for the newspaper. Contact her [email protected].
February 05, 2018 | The Legal Intelligencer
European Union Discovery Presents Compliance Headaches for US LitigantsDiscovery of personal data held in the European Union (EU) has been an issue that has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that discovery of foreign documents is not barred by foreign privacy law.
By Philip N. Yannella
8 minute read
February 05, 2018 | The Legal Intelligencer
Beware: Texts and Wearable Data Must Be Preserved, TooAttorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte
8 minute read
February 05, 2018 | The Legal Intelligencer
No Health Care Merger Too Small for the FTC to Take an Antitrust LookIn our November and December 2016 articles, we discussed the Federal Trade Commission's proclivity to challenge health care mergers, even when the purported anticompetitive effects of the relatively economically limited merger would be confined to a local geographic region.
By Carl W. Hittinger and Tyson Y. Herrold
8 minute read
February 05, 2018 | Daily Business Review
Using Living Wills to Start the (Other) Tough Conversation With Mom and DadWe have all heard parents fret about answering their children's questions about where babies come from. Responses to the daunting “how does life begin” inquiry range from evasive stories about birds and bees, to the time-honored “ask your mother,” or these days, “ask your other mother.”
By Pam Perry
5 minute read
February 05, 2018 | The Legal Intelligencer
Possession, Custody or Control: A Perennial Question Gets More ComplicatedThe perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
By Tess Blair and Tara Lawler
9 minute read
February 02, 2018 | The Legal Intelligencer
Will 'Protz' be Applied Retroactively? Supreme Court Moves to Resolve IssueAs is well known, the Supreme Court in Protz v. W.C.A.B. (Derry Area School Dist.), 124 A.3d 406 (Pa. Commw. 2015), petition for allowance of appeal granted, 133 A.3d 733 (Pa. 2016), has found the entire IRE section of the Workers' Compensation Act to be unconstitutional.
By Christian Petrucci
5 minute read
February 02, 2018 | The Legal Intelligencer
A Chair Too Far? No. We Need to Support Diverse Talent in Phila.In an editorial that appeared on Aug. 8, 2017, in the New York Times, Shira A. Scheindlin, a retired Federal District Court judge for the Southern District of New York, wrote a compelling argument outlining the lack of women as first chair in major litigation.
By Albert S. Dandridge III
5 minute read
February 02, 2018 | Daily Business Review
Why Are Female Attorneys' Voices Going Unheard in the Courtroom?Many studies and task forces throughout the years have focused on the participation of female attorneys in the courtroom. A recent New York Times Op-Ed by retired New York Federal District judge, Shira Sheindin, once again highlights the disparity in female attorneys playing a prominent role in the courtroom.
By Trisha Widowfield
5 minute read
February 01, 2018 | The Legal Intelligencer
Plaintiff's Accident Due to Failure to Use Handrail, Defense ArguedOn June 2, 2014, plaintiff Ann Marie Pearson, in her mid-50s, was descending the exterior stairs of a condominium she had rented in Sea Isle City, New Jersey.
By VerdictSearch
4 minute read
February 01, 2018 | The Legal Intelligencer
Pa. Employers Must Prepare for Potential Sweeping Changes to State Overtime RulesFor Pennsylvania employers, Gov. Tom Wolf's recent announcement regarding sweeping changes to Pennsylvania's overtime pay regulations is déjà vu all over again.
By Stephen L. Korbel
6 minute read
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