Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | STATE CIVIL LITIGATION

Certifying Malpractice: All Claims Must Have Merit

By James W. Cushing, Esq. on 10/21/2014

Article Image If pursuing malpractice claims, be sure to file within two (2) years of learning of the malpractice and secure a certificate of merit for each professional defendant. Read Full Story »

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TAX PROBATE AND TRUST LAW

The Hunt for Estate Tax Allocation

By Adam S. Bernick, Esq. on 10/21/2014

Well known conservative/libertarian author Tom Clancy, who passed this life approximately a year ago in October 2013, would be appalled to discover that his estate is mired in litigation involving "death" taxes. Yet, currently before the Orphans´ Court in Baltimore, Maryland, is ligation involving his widow and adult children from a prior marriage revolving around the allocation of estate taxes. Read Full Story »

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CRIMINAL JUSTICE

Superior Court Rules on Rape Shield Law and Facebook

By Burton A. Rose, Esq. on 10/21/2014

A jury convicted K.S.F. of multiple sexual crimes against his stepdaughter, including four counts of involuntary deviate sexual intercourse with a child. Prior to trial, K.S.F. filed a motion to access the stepdaughter´s two profiles on the social networking website Facebook. Read Full Story »

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School District of Philadelphia Superintendent Dr. William R. Hite on the "State of the School District" at the Philadelphia Bar Association’s Education Summit

 

WORKERS' COMPENSATION

The Month in Pennsylvania Workers' Compensation: September 2014 At-A-Glance

By Mitchell I. Golding, Esq. on 10/22/2014

A brief overview of Credit/Pension Offset and Pleadings/Medical Treatment/Constitutionality. Read Full Story »

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CRIMINAL JUSTICE CONSTITUTIONAL LAW

Search of Digital Information on a Cell Phone Cannot be Justified Under the Search Incident to Arrest Doctrine

By Brad V. Shuttleworth, Esq. on 07/22/2014

Article Image “[W]hat police must do before searching a cell phone seized incident to an arrest is accordingly simple – get a warrant.” – Chief Justice John Roberts, Supreme Court of the United States Read Full Story »

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ETHICS

Ethical Issues Concerning Social Media

By Paul Kazaras, Esq. on 09/24/2014

Article Image Social Media is everywhere-LinkedIn, Facebook, MySpace and many others yet to be developed. Not only are lawyers using these various social media for publicity advertising and marketing, but issues regarding clients and social media repeatedly arise in litigation. Read Full Story »

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LAW PRACTICE MANAGEMENT

Video Interviewing - Pros and Cons

By Jared Jacobson, Esq. on 08/19/2013

What are the risks to a company and a candidate that may be faced as a result of this new world of "on-line job dating"? With Skype and similar services out there, video interviewing has and will continue to change the landscape of interviews. Technology has fundamentally changed many aspects of the way we work. Skype, Facetime, GoToMeeting, and YouTube are some examples. Individuals of all ages are becoming more familiar and comfortable with the technology, as video cameras are in computers and even many of the phones that we carry around. Read Full Story »

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Alcohol Putting Unemployment Compensation to the Test

By James W. Cushing, Esq. on 08/19/2013

In the matter of Dillon v. Unemployment Compensation Board of Review, 2013 WL 2991042, the Commonwealth Court of Pennsylvania interpreted Pennsylvania Unemployment Compensation Law to include alcohol consumption within the meaning of 43 P.S. Section 802(e.1). Read Full Story »

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