Peter F Vaira

November 20, 2017 | The Legal Intelligencer

Paintings of Lancaster County hang on the walls of his chambers. There is a photo of Judge Guy Bard, the first federal judge from Lancaster County. Chief Judge Stengel is the fourth federal judge from Lancaster County; but, make no mistake, he is no farm country judge.

By Peter F. Vaira

15 minute read

September 25, 2017 | The Legal Intelligencer

The notice of a grand jury ­investigation of a company often starts in this fashion: in-house counsel arrives at the corporate office in the morning to be told that a company official has learned that several of his employees were visited by government agents the night before requesting an interview. The official is not sure what government agency is involved, and how many employees were contacted. He reports that he is running it down. It takes at least until the afternoon to determine the identity of the agents, the identity of the employees contacted, and the subject matter of the inquiry. The report from the supervisor usually omits the most important information, "what did the employees tell the agents."

By Peter F. Vaira

17 minute read

July 17, 2017 | The Legal Intelligencer

The bench and the bar continue their historic battle with the ever-growing tsunami of civil discovery. In 2009, the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System published a white paper that recommended that the notice pleading requirement of the federal court system should be abolished; instead, they recommended a return to "fact pleading" as a means to reduce discovery.

By Peter F. Vaira

15 minute read

May 16, 2017 | The Legal Intelligencer

The federal grand jury is a major factor in the success of the U.S. attorney in the prosecution of criminal cases. This success depends greatly on the integrity and professionalism of the individual prosecutor in the grand jury room. This column describes what the prosecutor does in the grand jury room and how, as a practical matter, that integrity and professionalism is left to the self-discipline of the individual prosecutor, and why the courts and the bar must always be wary that the degree of professionalism does not ­diminish. The degree of professionalism in the Eastern District of Pennsylvania grand jury continues to be very high.

By Peter F. Vaira

18 minute read

March 13, 2017 | The Legal Intelligencer

In November of 2017, a new district ­attorney will be elected in Philadelphia. In January of this year, a new Attorney General of Pennsylvania took office. Will these new public officials, elected to two of the most important law enforcement offices in the commonwealth, bring a fresh effort to investigating and prosecuting political corruption cases? Or will the major cases be filed once again by the federal prosecutors? Despite the good faith efforts by the newly elected prosecutors, many jaundiced observers of the state and local government of Pennsylvania would say they will not produce substantial results in political ­corruption or white collar cases utilizing current laws and procedures. Crucial changes must be made in state procedures for there to be any noticeable progress.

By Peter F. Vaira

16 minute read

January 13, 2017 | The Legal Intelligencer

That the new Pennsylvania attorney general, Josh Shapiro, does not place all the blame for the dysfunctional office he inherited on ­former Attorney General Kathleen Kane. She was in over her head, which caused her to make a lot of mistakes; however, many of the problems that occurred during her administration were the result of her ­predecessors and many of the staff members she inherited. This includes the group of prosecutors who made a continuing practice of sending pornographic photos and racial/ethnic jokes to judges they appeared before.

By Peter F. Vaira

11 minute read

November 14, 2016 | The Legal Intelligencer

My late uncle, Louis Vaira, was an experienced trial and appellate lawyer in Pittsburgh. When asked his opinion of another practicing lawyer he would often respond, "He never tried a case." That was his first critical observation; did that lawyer ever try a case? If Uncle Lou were alive today, he would make that remark many more times. Civil trials have diminished drastically and, because of that, the number of skilled trial lawyers has declined. Note that I am not talking about litigators. There are more than enough litigators. I refer to trial lawyers who can present a contested case before a judge or jury, exam and cross exam witnesses, submit documents, and make an argument.

By Peter F. Vaira

17 minute read

September 19, 2016 | The Legal Intelligencer

There have been many ­newspaper articles discussing the activities ­conducted by the Office of the Attorney General of Pennsylvania under former Attorney General Kathleen Kane. After reading many of those articles, it is apparent to me that there is a lack of understanding of the duties and power of the attorney general of Pennsylvania. This ­column is an evaluation, with suggestions, of what the attorney general of Pennsylvania can do, cannot do, and should do in his term in office.

By Peter F. Vaira

20 minute read

July 19, 2016 | The Legal Intelligencer

In 1982, Mike Kunz, clerk of court, was told by his secretary that there was an attorney on the phone who insisted on talking to Kunz. It was the prominent Philadelphia attorney, Harold Kohn. "Mike," said an exasperated Kohn, "I need your help." Kohn, who had become famous for bringing class action lawsuits against major electrical companies, was calling Kunz for his personal assistance in a case he had filed before Judge Edward Roy Becker of the U.S. Court of Appeals for the Third Circuit. In the 30 years that followed, this type of call would not be unusual. There would be many Harold Kohns, many federal judges, many prosecutors, and ordinary citizens who would place similar calls and ask Kunz for help. They always received it.

By Peter F. Vaira

13 minute read

May 17, 2016 | The Legal Intelligencer

Dear U.S. District Chief Judge Petrese Tucker of the Eastern District of Pennsylvania, Chief Judge Christopher Connor of the Middle District, and Chief Judge Joy Flowers Conti of the Western District:

By Peter F. Vaira

6 minute read