Duane Morris – Page 5 – Duane Morris Appellate Review

September 25, 2017 by Duane Morris

Duane Morris Partner Paul Killion to Present at California State Bar’s Inaugural Appellate Summit

Duane Morris’ San Francisco partner Paul Killion will be speaking October 14, 2017, at the inaugural Appellate Summit organized by the newly reconstituted California State Bar Litigation Section’s Committee on Appellate Courts.

Paul’s panel will address “When Things Go Wrong: Challenges and Strategies for Appeals from Jury Trials.” His co-panelists are California Court of Appeal Justice Kathleen Banke of the First District, Division One, and Syda Cogliati, Senior Appellate Research Attorney for the Sixth District. Paul is an appellate specialist certified by the California Board of Legal Specialization.

Duane Morris is a sponsor of the Appellate Summit.

For more information and to register, visit the California State Bar website.

August 31, 2017 by Duane Morris

Duane Morris’ Thomas Newman Recognized as the NYC Appellate “Lawyer of the Year” by Best Lawyers

Duane Morris’ Thomas Newman has been named by Best Lawyers as the “Lawyer of the Year” in New York City Appellate Practice for 2018. The recognition is given to only one attorney for each practice area and city. Lawyers are selected based on high marks received during peer-review assessments conducted by Best Lawyers each year.

Mr. Newman practices in the areas of insurance and reinsurance law, including coverage, claims handling, contract drafting and arbitration and litigation. In addition to his insurance/reinsurance practice, Mr. Newman has wide experience in appellate practice and has handled hundreds of appeals in both state and federal courts in New York and elsewhere and has argued 80 appeals in the New York Court of Appeals.

He is a member of the American Academy of Appellate Lawyers; a life member of the American Law Institute; a Fellow of the Chartered Institute of Arbitrators; a member of the London Court of International Arbitration; a member of the American College of Coverage and Extracontractual Counsel; a member of ARIAS-U.S.; a member of the Federation of Defense and Corporate Counsel; a Fellow of the New York State Bar Association Foundation; and a member of the New York State Office of Court Administration’s Advisory Committee on Civil Practice.

He is the original author of New York Appellate Practice (LexisNexis, 2010), co-author of the Handbook on Insurance Coverage Disputes (Walters Kluwer 17th ed. 2014) and the author of numerous articles on insurance/reinsurance and appellate practice. Mr. Newman is annually listed in Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America and New York Super Lawyers, for appellate practice and insurance law.

August 30, 2017 by Duane Morris

The Second Circuit Loosens The Reins On Insider Trading Prosecutions

After an intervening decision by the United States Supreme Court last year and a rare rehearing of oral argument in March, the Second Circuit has affirmed the conviction of Matthew Martoma, a former portfolio manager at S.A.C. Capital Advisors. In doing so, the Second Circuit has signaled a substantial shift in insider trading law by reversing course from its 2014 decision, which made prosecuting insider trading cases more difficult.

To read the full text of this article, please visit the Duane Morris White Collar Criminal Law blog.

August 29, 2017 by Duane Morris

Seventh Circuit Rules Cosmetology Students Are Not Employees

The Seventh Circuit Court of Appeals recently issued an opinion that supports numerous district court opinions that cosmetology students are not employees. In Hollins v. Regency Corp., ___ F.3d ___, No. 15-3607, 2017 WL 3474266 (7th Cir. Aug. 14, 2017), Chief Judge Diane Wood wrote the opinion of a unanimous panel of the Seventh Circuit affirming the grant of summary judgment against former cosmetology students who alleged they were employees of their cosmetology schools when they 1) were practicing skills on paying members of the public and 2) were performing “menial tasks,” such as sanitation, greeting guests and selling products. The Northern District of Illinois had granted summary judgment against the students, and this appeal followed.

Please visit the Duane Morris LLP website to read the full text of this Alert.

July 20, 2017 by Duane Morris

Third Circuit: First Amendment Protects Those Recording Police in Public

Is the recording of police carrying out their official duties in public places protected by the First Amendment? Recently, in a case with implications for news organizations as well as citizen-observers, a federal court judge dismissed the First Amendment claims of two citizens against police officers who disrupted, inspected, restrained and/or cited them while they were recording police officers operating in public. In Richard Fields v. City of Philadelphia, 16-1650, 2017 WL 2884391 (3d Cir. July 7, 2017), the U.S. Court of Appeals for the Third Circuit reversed, holding that the First Amendment protects this activity.

To read the full text of this Alert, please visit the Duane Morris website.

July 12, 2017 by Duane Morris

Pyrrhic Victories Are to Be Avoided

This column discussed this subject almost 20 years ago (NYLJ April 7, 1999), but two recent decisions publicized on the front pages of the Law Journal suggest that it would be well to advise a new generation of lawyers that tactical victories in a jury trial may be followed by a loss of the appellate war. As a reminder, King Pyrrhus of Epirus, in Greece, triumphed over the Romans at Asculum, in southeastern Italy, in 279 B.C.E., but his losses were so heavy that he is reported to have said: “Another such victory over the Romans, and we are undone.” Bartlett’s, “Familiar Quotations,” p. 92, quoting Plutarch, “Lives,” Pyrrhus.

In litigation, the aim of an injured plaintiff is to obtain monetary or some other form of relief; for the defendant, vindication and dismissal of the action. It cannot be counted a victory if a favorable verdict is set aside by the trial or appellate court after a lengthy trial and the case must be retried at considerable expense, loss of time and renewed mental and emotional strain on the injured party or his or her survivors—all because of counsel’s avoidable error.

To read the full text of this article by Duane Morris attorney Thomas R. Newman, please visit the Duane Morris LLP website.

April 27, 2017April 27, 2017 by Duane Morris

Duane Morris Attorney Named One of “25 Young Lawyers on the Rise”

Duane Morris congratulates Andrew Sperl, a member of the firm’s Appellate Practice Group, who was named one of “25 Young Lawyers on the Rise” by the Philadelphia Business Journal.

April 19, 2017April 20, 2017 by Duane Morris

Duane Morris Partner Rob Palumbos Appointed Vice Chair of the Appellate Court Procedural Rules Committee of the Supreme Court of Pennsylvania

Duane Morris congratulates partner Robert M. Palumbos on being appointed Vice Chair of the Appellate Court Procedural Rules Committee of the Supreme Court of Pennsylvania. The Appellate Court Procedural Rules Committee is responsible for making formal recommendations to the Supreme Court of Pennsylvania for refining and updating the rules of appellate procedure. Mr. Palumbos begins his term on June 30, 2017.

August 24, 2015 by Duane Morris

Duane Morris’ Robert L. Byer Named by Best Lawyers as “Lawyer of the Year” for 2016

Duane Morris is pleased to announce that partner Robert L. Byer has been selected as the “Lawyer of the Year” in Pittsburgh Appellate Practice, an honor he previously received in 2011. Only one lawyer in each practice area and city is given this honor. Lawyers are selected based on high marks received during peer-review assessments conducted by Best Lawyers each year.

Mr. Byer is head of the Appellate division of Duane Morris’ Trial Practice Group. His appellate work and legal-issues litigation experience covers a wide variety of legal areas, including corporate governance, intellectual property, administration law, tax cases, Constitutional law, insurance coverage, contracts, professional liability, products liability and toxic torts.