Upon Further Review

A Publication of the Philadelphia Bar Association

Pennsylvania Supreme Court Confronts Fee Sharing Issues When Client Changes Firms

By Gaetan J. Alfano, Esq. on 11/21/2015

Article Image Despite the frequency with which plaintiffs in personal injury cases change firms during litigation, there is surprisingly little guidance on the circumstances under which a successor firm must share a contingent fee with a predecessor firm that was terminated before the contingency occurred. Expect the Pennsylvania Supreme Court to shed light on these issues when it issues its ruling in Meyer Darragh Buckler Bebenek & Eck v. Malone Middleman, 8 WAP 2015. Read more. Read Full Story »

(1) Comments | + Add Comment


Other Stories


Employment Separation Agreements - The Employee's Perspective

By Jared Jacobson, Esq. and Franklin J. Rooks. Jr., PT., MBA, Esq. on 11/21/2015

In this second installment of a two part series, the authors describe what to consider from an employee's perspective to ensure that the employee obtains a "good deal." Read more. Read Full Story »

+ Add Comment


The Month In Workers' Compensation: October, 2015 At-A-Glance

By Mitchell I. Golding, Esq. on 11/18/2015

October was a busy month in Workers' Compensation law, with important decisions issued in cases involving the statute of limitations, Medical Only Notice of Compensation Payable, medical testimony and attorney fees. Read more. Read Full Story »

+ Add Comment

Get the Flash Player to see this player.

What works – and what doesn’t – in the courtroom at the Bench-Bar & Annual Conference on Oct. 17, 2015.



Philadelphia and Pennsylvania Bars Weigh In on Propriety of Providing Advice to Marijuana Related Businesses

By Paul Kazaras, Esq. on 10/26/2015

Article Image Twenty-three states and the District of Columbia allow the use of marijuana for medical purposes. Legislation is pending in Harrisburg that may make Pennsylvania the 24th state to pass a medical marijuana law. Providing legal advice to businesses engaged in activities authorized by state law involving marijuana is a growing practice field in cities across the United States. However, serious ethical questions remain. Under the Controlled Substances Act, the manufacture, distribution, dispensation and possession of marijuana violate federal law. The Philadelphia Bar Association's Professional Guidance Committee and the Pennsylvania Bar Association's Legal Ethics and Professional Responsibility Committee have issued a joint ethics opinion that is a must read for any attorney interested in advising medical marijuana businesses. Read Full Story »

+ Add Comment


Limiting Legal Malpractice Claims: Applying the Glenbrook Analysis

By James W. Cushing, Esq. on 9/24/2015

Article Image Pennsylvania's two year statute of limitations for a legal malpractice claim may be extended under certain circumstances. In the landmark case of Glenbrook Leasing Co. v. Beausang, 839 A.2d 437 (Pa. Super. 2003), affirmed 881 A.2d 1266 (Pa. 2005), the Pennsylvania Superior Court set guidelines as to how to apply the various means to extend the statute of limitations. Read Full Story »

+ Add Comment


Employers Need to Balance Motive, Knowledge and Religion in Dress Codes to Avoid Charges of Religious Discrimination

By Faye Riva Cohen, Esq. and Shan R. Shah, Esq. on 8/25/2015

Article Image In EEOC v. Abercrombie & Fitch Stores, Inc, 135 S.Ct. 2028 (2015), the Supreme Court ruled that for a plaintiff to prevail in a disparate treatment claim under Title VII of the Civil Rights Act, a job applicant need not show that her employer knew of her need for an accommodation. Rather, she need only show that her need for an accommodation was a motivating factor in the employer´s decision, whether or not it could be proven that the employer actually knew of the need. Read Full Story »

+ Add Comment


Obergefell Brings Marriage Equality Nationwide, But Legal Questions Remain

By Tiffany L. Palmer, Esq. on 7/29/2015

Article Image In Obergefell v. Hodges, the United States Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Pennsylvania attorneys are now grappling with unresolved issues post-marriage equality, including parentage for children born to same-sex couples, the legal status of marriage-like relationships such as civil unions, and discrimination against LGBT employees as marriage quality has forced them "out" in the workplace. Read Full Story »

+ Add Comment


When the Disciplinary Board Comes Calling: It Can Happen to You!

By Ellen C. Brotman and Ashley Kenney Shea on 6/18/2015

Article Image No matter how long you practice and how careful you are, someday it can happen to you: a letter arrives from the Office of Disciplinary Counsel advising you of a complaint. Read Full Story »

Local & National Headlines