The Legal Intelligencer | Commentary
By David R. Cohen and Todd R. Fairman | February 5, 2018
Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
The Legal Intelligencer | Commentary
By Howard J. Bashman | February 5, 2018
Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder.
The Legal Intelligencer | Commentary
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
Attorneys 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.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Tyson Y. Herrold | February 5, 2018
In 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.
The Legal Intelligencer | Commentary
By Tess Blair and Tara Lawler | February 5, 2018
The 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.
The Legal Intelligencer | Commentary
By Christian Petrucci | February 2, 2018
As 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.
The Legal Intelligencer | Commentary
By Albert S. Dandridge III | February 2, 2018
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.
The Legal Intelligencer | Commentary
By Cliff Rieders | February 1, 2018
Some nursing homes are taking the position that they do not have to comply with the “patient rate” under HIPAA, and in fact are exempt from it. The position of the nursing homes is incorrect. They have to comply with HIPAA and the rates set forth for providing patients their medical records.
The Legal Intelligencer | Commentary
By Stephen L. Korbel | February 1, 2018
For Pennsylvania employers, Gov. Tom Wolf's recent announcement regarding sweeping changes to Pennsylvania's overtime pay regulations is déjà vu all over again.
The Legal Intelligencer | Commentary
By Samantha Divine Jallah | February 1, 2018
I don't remember much about the first case I read in law school, but I do remember how intimidating it was. I arrogantly thought I would quickly read those how-ever-many pages, absorb the content on the first read, IRAC the case in five minutes, and enjoy the rest of my life. Instead I remember spending an eternity reading each page and infinite more time re-reading the most boring content I'd ever been exposed t
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