The Legal Intelligencer | Commentary
By David G. Mandelbaum | January 11, 2018
The Pennsylvania appellate courts decided about two dozen cases that one could call “environmental” last year. A brief review follows that necessarily…
The Legal Intelligencer | Commentary
By Stephen A. Miller and Leigh Ann Benson | January 11, 2018
The Supreme Court has again been asked to resolve a closely watched dispute involving discrimination on the basis of sexual orientation. The court heard oral argument in December in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which, unlike prior challenges in this area, involves the First Amendment.
The Legal Intelligencer | Commentary
By Leonard Deutchman | January 11, 2018
Editor's note: This is the second in a two-part series.Last week, I discussed Winfield v. New York, 15-CV-05236 (S.D.N.Y. Nov. 27, 2017), where…
The Legal Intelligencer | Commentary
By Sid Steinberg | January 10, 2018
“He said, she said” is one of the clearest paths to trial for a plaintiff claiming workplace harassment or discrimination. This is particularly so when the statements in question are explosive. A clear example of this conundrum for employers was addressed in the recent decision of El v. Advance Stores, No. 17-2345, 2017 U.S. Dist. LEXIS 211887 (E.D. Pa. Dec. 27, 2017).
The Legal Intelligencer | Commentary
By John Rafferty | January 9, 2018
After the price of Bitcoin hit $10,000 on Nov. 28 and Bitcoin futures launched on Dec. 10, you might have asked yourself why this digital currency was getting so much attention in the closing days of 2017. You may have also wondered what the broader adoption of cryptocurrency means for future plaintiffs who hold their money in digital wallets on a blockchain, only to later find themselves the target of hackers and their money, gone
The Legal Intelligencer | Commentary
By Amy Neifeld Shkedy and Rebecca Rosenberger Smolen | January 9, 2018
The Tax Cuts and Jobs Act of 2017 (the act), which was signed into law on Dec. 22, 2017, made substantial changes to the Internal Revenue Code, most of which went into effect on Jan. 1. One significant result of the passage of the act is the doubling of the exemption amount for the federal estate, gift and generation-skipping transfer taxes.
The Legal Intelligencer | Commentary
By Charles F. Forer | January 8, 2018
Whenever Bob discusses arbitration with a client, he talks about the advantages of avoiding court proceedings. His first words always are, “You save so much money.” Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | January 8, 2018
Most bankruptcy cases are commenced by the filing of a “voluntary” bankruptcy petition by the debtor. In fact, as we have reported previously, today the bankruptcy process is dominated by prearranged restructurings involving advance planning and negotiations with potential purchasers and stakeholders that result in the business aspects of the bankruptcy process being substantially finalized at the time of the filing.
The Legal Intelligencer | Commentary
By Kristen M. Gibbons Feden | January 5, 2018
Recently, an article in The American Lawyer examined the results of a report published by the National Association for Law Placement (NALP), which summarized the upside—and downside—of law firm diversity efforts nationwide.
The Legal Intelligencer | Commentary
By Edward T. Kang | January 5, 2018
Arbitration, whether compulsory or voluntary, is commonplace these days as a less expensive and more efficient resolution to litigation than trial. Litigators in Pennsylvania are familiar with the Court of Common Pleas Compulsory Arbitration Program for cases with an amount in controversy of $50,000 or less.
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The United States Court of Appeals for the Tenth Circuit seeks applications for a bankruptcy judgeship in the District of Utah. Bankruptcy ...