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December 16, 2024 | The Legal Intelligencer

Philadelphia Eagles 0-2 in Attempts to Recover Insurance on COVID-Related Losses

In Philadelphia Eagles v. Factory Mutual Insurance, the court concluded that its dismissal of the suit in October didn't warrant reconsideration, finding the motion wasn't based on any change in the law, new evidence or clear error.
4 minute read
December 16, 2024 | New York Law Journal

Former High-Ranking Manhattan Prosecutor Is Representing Luigi Mangione

Karen Friedman Agnifilo served as chief assistant district attorney in the Manhattan District Attorney’s Office between 2014 and 2021. Before that she was chief of the office’s trial division.
2 minute read
December 16, 2024 | The American Lawyer

Partner Pay Enters a 'Whole Different World'

Rapid changes to partner pay in Big Law will continue. Among nearly 200 firms, more than one-third plan to make changes to their equity partner compensation models over the next two years.
6 minute read
December 14, 2024 | New York Law Journal

Luigi Mangione's Attorney Gives a Master Class in How Not to Handle a High-Profile Case in the Media

You won't know the whole story in the early days of a crisis—that means your initial statement needs to concentrate only on what you do know rather than what you think, a crisis communications manager advises to defense counsel for Luigi Mangione.
3 minute read
December 13, 2024 | The Legal Intelligencer

DOL Salary Level Final Rule Vacated

In a “it’s déjà vu all over again” moment, on Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas in Texas and Plano Chamber of Commerce v. United States Department of Labor set aside and vacated the U.S. Department of Labor’s 2024 Final Rule increasing the salary level for employees to remain exempt from minimum wage and overtime under the Fair Labor Standards Act’s (FLSA) executive, administrative and professional (EAP) exemptions, and automatically updating the salary level every three years.
9 minute read
December 13, 2024 | The Legal Intelligencer

What Mass Torts Trials Are in Store for Philadelphia in 2025

Several of Philadelphia's mass tort programs are gearing up for their debut trials in early 2025, with more to come as the year goes on.
6 minute read
December 13, 2024 | New Jersey Law Journal

Litigation Surge: Drugmakers Launch Flood of Suits to Halt Generics

At least 29 patent suits were filed in the District of New Jersey in November, reflecting a jump from the rate of 18 suits per month in the period from December 2023 to November 2024. The multitude of suits include many that stem from generic drugmakers' plans to sell lower-priced versions of recognized pharmaceutical products.
4 minute read
December 13, 2024 | Corporate Counsel

As Costs and Workloads Mount, Law Departments Turn to Tech and Workflow Overhauls

Legal spending is expected to grow from last year. About 65% of respondents in a Harbor survey anticipate an increase in in-house spending, while 58% foresee a rise in outside counsel spending.
3 minute read
December 13, 2024 | The Legal Intelligencer

Dealing With an Undocumented Witness in the Second Trump Era

How do you—as a litigator—handle the questioning of an undocumented witness at a deposition, hearing or trial? Initially, if you are in the position of defending or producing the witness, one of the skills that is not taught in law school has to come into play—empathy.
6 minute read
December 13, 2024 | The Legal Intelligencer

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

One of the most significant calls on cash involves post-petition rent obligations due on leased facilities. Under Section 365(d)(3) of the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
7 minute read