Question of Law on Bystander Recovery Sent to PA High Court
In the rare exercise of a mechanism that the federal courts may use to consult state courts about purely state questions of law, the Third U.S. Circuit Court of Appeals has asked the Pennsylvania Supreme Court to address the permissible scope of bystander recovery under Pennsylvania's product liability law for a little girl whose left foot was mangled by a lawn mower driven by her grandfather.
Communication Is Key to e-Discovery Success
The recent lawsuits filed by Sullivan & Cromwell and Electronic Evidence Discovery, Inc. against one another brought to the forefront some of the frustrations that law firms and the vendors to which they outsource are currently experiencing. So how do you get legal professionals at law firms, e-discovery and staffing vendors to function harmoniously in order to minimize problems?
Public Adjusters and the Unauthorized Practice of Law
Justifiably concerned about the inundation of public adjusters in Louisiana following Hurricanes Katrina and Rita in 2005, the Louisiana legislature enacted 'The Louisiana Public Adjuster Act' ('Public Adjuster Act'), codified at Louisiana Revised Statutes '22:1210.91, et seq., by Acts 2006, No. 806, '1. The Public Adjuster Act was enacted to establish a regulatory framework for the field of public adjusting by setting standards for qualifications and licensing of public adjusters and establishing standards of conduct.
Dealing with Merger Financial Data
When two law firms undertake merger discussions, they eventually exchange financial information. Typically, this exchange is anticipated from both a curiosity standpoint as well as a practical standpoint. Ultimately no merger will occur if it does not make good economic sense; therefore, critical financial review is essential.
Helping Associates Transition to Partnership
Unfortunately, many firms fail to prepare their associates for the change in financial status that will occur upon their election to partnership. As a result, they can be distracted by financial concerns, and much of the goodwill generated by their elevation to partnership is lost. At the same time, those firms that prepare their associates for the change and lend a helping hand in the transition develop strong loyalties and better long-term partners.
Negotiating to Make Rain
Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.
Attorney Telecommuting
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Practical Tips for Negotiating Settlement in Matrimonial Cases
To negotiate a matrimonial case successfully, the practitioner must zigzag through a litany of impediments. These include the facts of the case, the relevant law, as well as the adversary and client, both of whom come with their own personalities, priorities and quirks. This two-part article (Part Two will appear in the April 2008 Issue) is offered as a guide to settling matrimonial cases.
'Atlantic Yards' Condemnation Upheld
The so-called 'Atlantic Yards' project in Brooklyn is a typical case of public/private partnership to develop an area that has long been the location of urban blight. The issue, from the standpoint of those who challenged the condemnation of their property for that project is that the property, which is the subject of the recent Second Circuit decision in Goldstein v. Pataki, for the most part is not considered blighted but is close or adjacent to blighted areas.