Special Sections

  • The Legal Intelligencer | Commentary

    Beware: Texts and Wearable Data Must Be Preserved, Too

    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

    Possession, Custody or Control: A Perennial Question Gets More Complicated

    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

    Products Liability, Mass Torts & Class Action

    By The Legal Intelligencer | January 30, 2018

    In the Legal's Products Liability, Mass Torts & Class Action supplement, read about company-generated documents and emails, navigating choppy waters…

  • The Legal Intelligencer | Commentary

    Strategic Considerations Before Challenging Personal Jurisdiction in Products Liability Litigation

    By Eric Rosenberg | January 30, 2018

    Over the last seven years, the U.S. Supreme Court has rapidly and dramatically altered the landscape of personal jurisdiction law. Specifically, the court issued six opinions that overturned a lower court's exercise of personal jurisdiction, reinforced due process limitations on state assertions of jurisdiction, and narrowed the scope of constitutionally permissible general and specific personal jurisdiction.

  • The Legal Intelligencer | Commentary

    A Comparative Review of Products Liability Jury Instructions

    By Larry Coben | January 30, 2018

    After the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, the committee appointed by the court to prepare jury instructions issued “suggested standard products liability instructions” (published by the PBI) in an effort to provide guidance to the bench and bar.

  • The Legal Intelligencer | Commentary

    Navigating Choppy Waters for the Government Contractor's Defense in Trump Age

    By Carl J. Schaerf and Lee C. Schmeer | January 29, 2018

    Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.

  • The Legal Intelligencer | Commentary

    Company-Generated Documents and Emails Are Not De Facto Business Records

    By Michael C. Zogby and Shane M. O'Connell | January 29, 2018

    Courts have worked to construct rules for use before and during trial that ensure only true business records—that is, records of regularly conducted activity that carry an air of trustworthiness and reliability—are admitted into evidence, while avoiding admission of day-to-day communications and other documents that cannot be categorized as business records.

  • The Legal Intelligencer | Commentary

    Despite Developments in Pa. Products Liability Law, Still No Duty to Recall

    By Stephen J. Finley | January 29, 2018

    The last several years have brought significant developments to Pennsylvania products liability law, ranging from the Pennsylvania Supreme Court's decisions in Tincher v. Omega Flex and Lance v. Wyeth to rulings on the scope of evidence in the trial of a products liability case, to the application of the Pennsylvania Fair Share Act to a strict product liability claim.

  • The Legal Intelligencer

    The Legal Intelligencer's 2018 Professional Excellence Awards

    By The Legal Intelligencer | January 25, 2018

    The Legal Intelligencer is accepting nominations in 10 categories this year, including four new categories geared exclusively toward firms with fewer than 200 lawyers.

  • The Legal Intelligencer

    Still Accepting Nominations for New Midsize Firm-Focused Awards

    By The Legal Intelligencer | January 17, 2018

    Our goal at ALM is to serve the entire legal community, and as part of that, we're adding new wrinkles to our annual Professional Excellence Awards to make sure we get a chance to highlight the great work and achievements across the full breadth of the Pennsylvania legal community.

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