The Legal Intelligencer | Commentary
By Jordan L. Fischer | February 8, 2024
Cyber risk continues to evolve and grow as more businesses expand their digital footprints and threat actors continue to reap monetary gains…
The Legal Intelligencer | Commentary
By Joel H. Feigenbaum | February 7, 2024
A federal judge opines on the factual allegations necessary for a student-plaintiff to survive a motion to dismiss state tort claims where he/she seeks damages from a school district and its administrators arising from sexual assault by a peer.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | February 6, 2024
At this critical time with so much discord locally, nationally and globally, the value of alternate dispute resolution cannot be underestimated. I will begin with a refresher on the basics—a review of what is encompassed by ADR for those who may not consider themselves practitioners in this arena although we all face and resolve disputes daily in our personal and professional lives.
The Legal Intelligencer | Commentary
By Michael E. Bertin | February 6, 2024
In the recent case of Shell v. Shell, the Pennsylvania Superior Court addressed the issue of when a divorce litigant dies prior to a party filing an affidavit under 3301(d). In the Shell matter, a divorce action was instituted, and prior to either party filing an affidavit under Section 3301(d), the husband passed away.
The Legal Intelligencer | Commentary
By Timothy J. Horstmann and Ryan Gonder | February 6, 2024
The Inflation Reduction Act, Public Law 117-168 was signed into law by President Joe Biden on Aug. 16, 2022, but the impact of some of its provisions is just beginning to be felt. Among those are the substantial federal subsidies the act provides for state and local government investments in clean energy projects.
The Legal Intelligencer | Commentary
By Stephen J. Finley, Jr. and Cecilia Y. Carreras | February 5, 2024
In Oberdorf v. Amazon.com, the plaintiff filed suit against Amazon alleging the product she purchased from a third-party vendor was defective. Although the U.S. District Court for the Middle District of Pennsylvania held Amazon was not a "product seller" within the meaning of Section 402A, the U.S. Court of Appeals for the Third Circuit disagreed, finding that Amazon qualified as a product seller, thus expanding the scope of strict products liability to include online sales platforms.
The Legal Intelligencer | Commentary
By Justin H. Brown and George M. Riter Jr. | February 5, 2024
Regardless of one's level of wealth, gifting is an important tool for an effective estate planning strategy. Individuals have many potential gifting options, both simple and complex, that may be utilized to pass wealth down to lower generations and reduce the size of one's taxable estate to avoid estate and inheritance tax at death.
The Legal Intelligencer | Commentary
By Molly E. Flynn, Rebecca L. Trela and Chanda A. Miller | February 2, 2024
Numerous practitioners, academics and parties have already submitted written comments that raise significant concerns about the potential implications of the proposed rule.
The Legal Intelligencer | Commentary
By Brad E. Haas | February 2, 2024
Companies operating in the gig economy, and their defense counsel, should closely monitor new developments and adapt practices to mitigate exposure and limit expenses.
The Legal Intelligencer | Commentary
By Cliff Rieders | February 2, 2024
The Pennsylvania Superior Court concluded that the evidence presented in the automobile accident case failed to establish a foundation for a sudden emergency instruction. The plaintiffs were entitled to their requested instructions on a driver's duty of care. Finding prejudicial error in the court below, the Superior Court reversed and remanded for a new trial.
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