We Won Four of the Nation's Top 100 Verdicts of 2019, the Most by Any

PAGE 5: IN-HOUSE COUNSEL

THE OLDEST LAW JOURNAL IN THE UNITED STATES 1843-2020

PHILADELPHIA, WEDNESDAY, JULY 1, 2020 VOL 262 • NO. 1 $5.00 Lawyer Esuga Abaya For Many Firms, Client Relations – INSIDE THE LEGAL – REGIONAL On His Journey From NJ’s 3-Month Spending Plan ...... 3 Amid a fl urry of activity in simultaneous Pros Have Been the Missing Link voting sessions by the New Jersey Senate Big Law to Boutique and Assembly, a temporary spending BY BEN SEAL And Prince and her plan to keep state government fully BY ERICA SILVERMAN The American Lawyer counterparts across operational over the next 90 days passed Of the Legal Staff the industry are seiz- both houses and was signed by the elissa Prince has been watch- ing the moment. governor Tuesday. Esuga Abaya is a business attorney at ing change take place, gradually, “This gives us NATIONAL GrowthCounsel, a boutique corporate law for the past few years. As the an opportunity to M Rule Limiting Generic Trademarks . . . 4 fi rm in Philadelphia with fi ve attorneys. chief client value and innovation offi cer at shine,” Julie Henson, Companies using otherwise Abaya represents a range of clients, Ballard Spahr, she has seen more partners chief client offi cer generic terms for their websites from startups and early-stage enterprises to seek out her team’s assistance. She has seen at Taft Stettinius are eligible for trademark Fortune 500 companies, on a variety of cor- more clients seek the type of technology PRINCE & Hollister, says. protection if the domain is distinct to porate and commercial matters in numerous from her fi rm that can help solve their prob- “Sink or swim.” the general public, according to the U.S. industries, including software, technology, lems. And she has seen a growth in creative For business professionals who handle Supreme Court, which struck down a life sciences, insurance and fi nancial ser- alternatives to the billable hour. pricing and budgeting issues, the crisis has broad federal rule that blocked Booking. vices. He started his career in the corporate The coronavirus crisis, she says, is going posed a major test as clients struggle with com from registering its mark. and securities group at Pepper Hamilton, to expedite it all. cash flow concerns. Prince says several where he spent fi ve years, then moved to “Change has been underfoot for a long clients have shared a “blanket commu- IN-HOUSE COUNSEL the corporate group at DLA Piper for three time, and I think this is exacerbating that nication” indicating they’re reducing the Creative Thinking in Time of Crisis. . . 5 years, before joining GrowthCounsel. change,” Prince says. hourly rates of all their firms, most often This is the time when legal teams should reexamine their in-house culture to Abaya has witnessed what he describes As lawyers in many parts of the country by 20%. assess what can be done to improve as an “exodus” of Black attorneys from continue to work remotely, both they and “Our partners sometimes respond imme- it within their department and their corporate fi rms, and shared his insights their clients are turning more frequently to diately and say, ‘OK, we’ll do it,’” Prince company at large, Monica Zent writes. about his career and his perspective. Abaya client value and client relations profession- says. “And that’s why you need the pricing has a J.D. from Villanova University als like Prince to help bridge the gap that team to be involved.” LEGAL MARKETING 8 Abaya continues on the pandemic has placed between them. Client Relations continues on 10 Takeaways for Communications . . . . . 7 While you want to provide the legal, business and practical resources that clients are looking Discovery Request in for, consider communications that Conservatives Seize on US High Court acknowledge and address the human Mushroom Price-Fixing needs of the people who receive them, Case Denied by Judge Losses to Push for Trump’s Reelection contributor Meg Pritchard writes. INDEX BY JACQUELINE THOMSEN in the workplace and Monday’s deci- Classifi ed ...... 12 BY P.J. D’ANNUNZIO The National Law Journal sion striking down a Louisiana abortion Public Notices...... 13 Of the Legal Staff clinic law have those on the right arguing Legal Listings ...... 15 When the Senate confi rmed President Trump’s judicial work is far from done. A federal judge has denied a request by re- Donald Trump’s 200th federal judge last Trump has reshaped lower courts and tailers Winn-Dixie and Bi-Lo for additional week, legal conservatives cheered the re- appointed Justices Neil Gorsuch and Brett discovery in the mushroom price-fi xing markable milestone. But recent rulings Kavanaugh to the bench, shifting the antitrust litigation. from the U.S. Supreme Court keeping pro- court’s ideological balance to the right. Postal ID on Page 8 U.S. District Judge Berle Schiller of the tections for “Dreamers,” LGBTQ rights Conservatives continues on 10 Mushroom continues on 10 www.TheLegalIntelligencer.com

We won four of the nation’s Top 100 verdicts of 2019, the most by any law firm in America.

2 • THE LEGAL INTELLIGENCER WEDNESDAY, JULY 1, 2020 VOL P. 2

In 2010, Rayz was appointed to the on antitrust matters and other complex SPEAKERS board of appeals of Lower Southampton commercial disputes. ANNOUNCEMENTS Arkady “Eric” Township in Bucks County. After graduating law school, Davis The Delaware Business Court Insider is seek- Rayz of Kalikhman In 2011 Rayz was appointed to the clerked for U.S. District Judge Robert B. ing contributors to provide analysis and insight & Rayz presented board of auditors of Lower Southampton Kugler of the District of New Jersey. into recent Delaware Court of Chancery deci- a seminar for the Township in Bucks County and thereafter He is an associate member of the sions, as well as litigation and issues currently National Business elected its chairman. Economic Club of New York and a mem- of interest to the business law community. Institute on the ber of the International Association of Potential topics that would be appropriate topic of “Top 5 Gaming Advisors. include, but are not limited to, arbitration, Business Formality ADDITIONS Davis is a member of the board of di- books-and-records requests, breach of contract Mistakes That Fox Rothschild added Evan W. Davis to rectors of the Ed Snider Youth Hockey lawsuits, controlling stockholder litigation, de- RAYZ Expose Members the gaming practice group as counsel in the Foundation, a charity that serves over rivative claims, discovery disputes in commer- and Company to Liability.” firm’s Philadelphia and Atlantic City, New 3,000 inner-city children in Philadelphia cial litigation, corporate dissolution, breach of The areas of discussion included com- Jersey, offices. and Camden, New Jersey, and the board of fiduciary duty lawsuits, intellectual property mon operational breakdowns that expose Davis is an adviser to a range of com- trustees for the Bala Cynwyd Library in litigation, jurisdictional battles in corporate liti- shareholders to personal liability. panies that do business within the sports Lower Merion Township. gation, merger and acquisition lawsuits, special Rayz’s practice is focused on civil litiga- and gaming sectors and has knowledge of He also serves as a mentor in the committee decisions, corporate governance, tion on behalf of business and individuals. sports wagering. Chamber of Commerce for Greater limited liability company litigation and limited His past experience includes serving He previously served as general counsel Philadelphia’s Pay It Forward program. partnership agreement litigation. a two-year term as a staff attorney for for a gaming company with more than $300 He earned his Juris Doctor from the Examples of articles written for DBCI Justice Sandra Schultz Newman of the million in annual revenues. University of Pennsylvania Law School are available online at www.delbizcourt. Pennsylvania Supreme Court. He has experience with the regulatory and is admitted to practice in Pennsylvania com. For more information, contact Kristie He has experience in federal and state schemes and operations affecting gaming and New Jersey. Rearick at krearick@alm.com. • courts and is admitted to practice in the com- companies and those who do business with monwealth of Pennsylvania and the state of them. New York, before the U.S. District Court Prior to joining Fox, Davis served as for the Eastern District of Pennsylvania, the vice president and general counsel of U.S. Court of Appeals for the Third Circuit Rivers Casino Philadelphia (formerly and the U.S. Supreme Court. SugarHouse Casino), where he oversaw all All potential items for People in the News A member of the Pennsylvania, legal matters involving regulatory, labor Aleeza Furman Philadelphia and Bucks County bar as- and employment, construction, intellectual should be addressed to at sociations, Rayz earned Juris Doctor from property, real estate, litigation, compliance, The Legal Intelligencer, [email protected] Temple University’s Beasley School of risk management and contractual issues. Law. Davis was also previously an attor- Rayz serves on the boards of several ney in the Philadelphia offices ofPepper nonprofit organizations. Hamilton and Dechert, where he focused

THE LEGAL INTELLIGENCER LIBRARY Save hours of research with high quality legal reference content, updated regularly, with many available in eBook format.

Build your legal library today with the following titles:

• Insurance Bad Faith in Pennsylvania • Pennsylvania Labor & Employment Law: • Pennsylvania Court Rules Series • Library of Pennsylvania Family Law Employment Discrimination - Allegheny/Westmoreland Counties Forms • Pennsylvania Products Liability - Delaware County • Library of Pennsylvania Personal Injury • Wrongful Use of Civil Proceedings and - Montgomery County Forms Related Torts in Pennsylvania - Bucks County • Pennsylvania Causes of Action • Pennsylvania Tax Handbook - Chester County • Pennsylvania Commercial Litigation • Pennsylvania Legal Directory - Lancaster/Berks Counties • Pennsylvania eDiscovery • Insider’s Guide to the Pennsylvania - Lackawanna/Luzerne Counties Judiciary and Courts - Philadelphia County • Pennsylvania District & County Reports - PA Orphans’ Court Rules - PA Commonwealth Court Rules

Learn More & Purchase Today: Visit LawCatalog.com/TLI or contact Customer Service 1-877-807-8076 | [email protected]

LawCatalog.com/TLI VOL P. 3 WEDNESDAY, JULY 1, 2020 THE LEGAL INTELLIGENCER • 3

New Jersey’s Three-Month Spending Plan Gets Governor’s Signature

BY SUZETTE PARMLEY we will rely upon as we emerge from this next stage of an extremely difficult eco- S-20 was the result of an agreement an- New Jersey Law Journal pandemic, and we need direct assistance nomic recovery,” Sarlo said in a statement nounced April 1 between the governor and from the federal government,” Murphy said. after the 40-member Senate passed S-20 at Legislature to extend the budget cycle dur- mid a flurry of activity in simulta- “Absent those, the tough decisions we have 2:45 p.m. Monday. ing this most unusual of years. Residents neous voting sessions by the New made now will pale in comparison to those “This budget is not what we want to do, and businesses were also bought time to AJersey Senate and Assembly, a tem- which lay just around the corner.” but it is something we have to do to keep file income and corporate taxes, as that porary spending plan to keep state govern- Sen. Paul Sarlo, chairman of the Senate government operating.” deadline moved to July 15 in the same an- ment fully operational over the next 90 days budget and appropriations committee, who Sarlo said the hard part was only be- nouncement. A month later, on May 4, the passed both houses and was signed by the guided the bill to passage before his com- ginning, and lawmakers will be working governor announced he was rescinding an governor Tuesday. mittee just days earlier, said the three- through most of the summer to come up executive order to commit $1.28 billion The Senate voted 21–17 to approve S-20, month budget extension will serve its pur- with a new fiscal year 2020 budget. toward the state’s surplus fund as the fiscal while the Assembly approved counterpart picture worsened. The Governor’s Office measure A-3 by a 46-27 vote Monday. has said it expects revenue projections to The purpose of S-20/A-3, as stated in be down by about $10 billion, including the bill: “Amends and supplements FY20 Sarlo said the hard part was only beginning, and $2.8 billion less than expected in this fis- Appropriations Act to effectuate exten- cal year and $7.2 billion less in the next sion of fiscal year through September 30, lawmakers will be working through most of the summer fiscal year. 2020; reduces authorized appropriations; There was brief debate in passing S-20 makes FY20 supplemental appropria- to come up with a new fiscal year 2020 budget. and A-3 on Monday. tions of $7,745,997,000 in State funds and Sen. Ronald Rice, D-Essex, chairman of $4,586,243,000 in federal funds.” the Legislative Black Caucus, said “to not On Tuesday, New Jersey Gov. Phil vote this budget would cause more harm Murphy signed the measure. pose: to buy the state time to come up with “We next have to focus on a fiscal plan than good.” Rice said he feared that thou- “The fiscal impacts of the COVID-19 a new fiscal year spending plan following for the following nine months and be pre- sands of public workers getting furloughed, pandemic are as unprecedented as this public the governor’s proposed $40.9 billion plan pared for the economic challenges we will and critical services to urban, minority health emergency itself,” the governor said from earlier in the year—essentially voided continue to face over the next few years,” communities that have borne a substantial in a release from his office just after 1 p.m. by the pandemic-induced lockdown since said Sarlo. brunt of COVID-19’s impact getting cut off, “As we move forward toward the nine-month mid-March that shut off the state’s tax rev- Sarlo’s message was pretty much the would cause more suffering. Fiscal 2021 budget, our choices will have an enue streams and will force Draconian cuts same when S-20 cleared the 12-member Rice also spoke up earlier in support of even bigger impact. But, make no mistake, across the board. Senate Budget Appropriations Committee S-19 to designate June 19—Juneteenth, we cannot just cut our way forward. “We have developed a three-month bud- by an 8-4 vote along party lines June 26. which celebrates the end of slavery in “We must have the flexibility to borrow get plan under crisis conditions that re- The four Republicans on the committee the United States—as a state and public essential funds to secure the core services quires hard decisions to get us through the voted against S-20. Plan continues on 9

Pennsylvania Commercial Litigation Harry F. Kunselman - Strassburger McKenna Gutnick & Gefsky

Visit us at one of our 7 convenient locations in the Greater Philadelphia area For more information please call: 215.545.2533 or visit us online at: mrcponline.com

OUR LOCATIONS MRCP South Philadelphia MRCP West Chester MRCP Northeast Philadelphia Whitman Plaza 1103 Paoli Pike 9125 Roosevelt Boulevard, 330 W. Oregon Ave West Chester, PA 19380 Philadelphia, PA 19114 Philadelphia, PA 19148 610.692.8885 215.331.3414 215.952.8717 MRCP Broomall MRCP Plymouth Meeting MRCP Walnut Street - 419 Lawrence Road 600 W. Germantown Pike, Center City Broomall, PA 19008 Suite 120 610.353.2800 Pennsylvania Commercial Litigation is an important resource for the general practitioner that addresses 1608 Walnut Street, 4th Floor Plymouth Meeting, PA 19462 procedural and substantive issues encountered in commercial litigation. This book gives a concise overview of Philadelphia, PA 19103 MRCP Lower Bucks 610.828.3110 commercial litigation, providing detailed research and analysis, and is intended to guide the reader through 215.545.5630 1111 Street Road, Suite 104 every stage of a commercial dispute. Southampton, PA 18966 215.675.4466 ORDER YOUR COPY TODAY Free transportation & Free parking Visit www.lawcatalog.com | Call 1-877-807-8076 Board Certifi ed Physicians Specializing in Physical Medicine & Physical Therapy 4 • THE LEGAL INTELLIGENCER WEDNESDAY, JULY 1, 2020 VOL P. 4

Justices Strike Down Broad Rule Limiting Generic Trademarks Conn.’s 1st Black

BY NATE ROBSON AND SCOTT GRAHAM State’s Attorney The Recorder Leaves Offi ce ompanies using otherwise generic terms for their websites are eligible BY ROBERT STORACE Cfor trademark protection if the do- Connecticut Law Tribune main is distinct to the general public, ac- cording to the U.S. Supreme Court, which Hartford, Connecticut, State’s Attorney Gail struck down a broad federal rule that blocked Hardy withdrew her name from consider- Booking.com from registering its mark. ation for an eight-year term Monday, before While the term “booking” on its own, the Criminal Justice Commission voted on like countless other one-word phrases, is the matter, according to commission chair- generic and ineligible for trademark protec- man and Connecticut Supreme Court Justice tion, Booking.com has taken on a second- Andrew McDonald. ary meaning with the public, wrote Justice The seven-member commission an- Ruth Bader Ginsburg for the majority. The nounced Hardy’s decision at about 3:15 p.m. justices noted that upholding the U.S. Patent Monday. and Trademark Offi ce’s application of the The commission heard public comments rule would strike down trademarks it already via Zoom from numerous stakeholders granted to Dating.com and Art.com. Photo by Diego M. Radzinschi Monday morning and afternoon. “A term styled ‘generic.com’ is a generic Justice Ruth Bader Ginsburg. The news follows Hardy’s June 18 suspen- name for a class of goods or services only sion for four days without pay for her in- if the term has that meaning to consum- billion in its name and wanted to protect that A long-standing rule of trademarks is that volvement in the handling of several police- ers,” Ginsburg wrote. “Consumers, according investment. Numerous amici curiae with ge- generic names cannot be registered. For ex- involved shootings. Hardy was suspended to lower court determinations uncontested neric top-level domain name brands, such as ample, a business selling apples could not reg- for her role in failing to report the fi ndings here by the PTO, do not perceive the term Salesforce.com, Cars.com and Dictionary. ister Apples or The Apple Company because of four police-involved shootings in a timely ‘Booking.com’ to signify online hotel-reser- com, supported Booking.com’s case. it would allow that company to monopolize manner. vation services as a class. In circumstances Debevoise & Plimpton partner David the name of the product. Even without federal At the time, the state’s NBC affi liate like those this case presents, a ‘generic.com’ Bernstein praised Tuesday’s ruling for rely- registration, a valid trademark can still be en- quoted McDonald as saying there was a term is not generic and can be eligible for ing on consumers to determine whether a forced against would-be infringers. But regis- “serious dereliction in duty for her inexcus- federal trademark registration.” phrase is generic. tration confers additional legal rights and ben- able delay in submitting these reports.” The Justice Sonia Sotomayor fi led a concurring “This decision is a victory for countless efi ts, such as constructive notice of the mark. shootings, the outlet reported, occurred be- opinion while Justice Stephen Breyer was the brand owners that have invested signifi cant Booking.com won a split decision at the tween 2008 and 2012. lone dissent. resources in building their brands—such Fourth Circuit. Judge Allyson Kay Duncan Hardy, who had been in her post for 13 Breyer, in his dissent, said adding .com to as Weather.com, Law.com, Wine.com and wrote for the majority that Booking.com is a years, was suspended without pay for June the end of a generic name adds no distinc- Hotels.com, as well as others like Home descriptive mark that is recognized by many 19 and June 22-24. She returned to work tive meaning that’s entitled to trademark Depot, Salesforce, TV Guide, Pizza Hut, and consumers. Dissenting Judge James Wynn Jr. June 25, and appeared before the commis- protection. The Container Store—whose trademarks, the wrote that the decision “confl icts with the de- sion June 26 for four hours. “A top-level domain such as ‘.com’ has court acknowledged, would have been at risk termination that every other court has reached” Hardy, who became the state’s fi rst Black no capacity to identify and distinguish the if the government’s position was accepted,” in similar cases. state’s attorney in 2007, couldn’t be reached source of goods or services,” Breyer wrote. Bernstein said in a statement. A Williams & Connolly partner argued for for comment Monday afternoon. “It is merely a necessary component of any The USPTO had argued that simply add- Booking.com that the 1946 Lanham Act had Before Hardy withdrew as one of the web address. When combined with the ge- ing .com to a generic word doesn’t make “repudiated” the Supreme Court precedent, and state’s top prosecutors, the commission neric name of a class of goods or services, it any less generic. The agency pointed out that the PTO doesn’t even follow the rule it was heard from her supporters and opponents. ‘.com’ conveys only that the owner operates that more than 100 years ago, the Supreme advocating, having registered generic top-level Speaking in support of Hardy was a website related to such items. Court ruled that the addition of “Company” domains such as Tickets.com and Weather.com. Geraldo Parrilla, a member of the George W. Amsterdam-based Booking.com B.V., didn’t transform an otherwise generic brand. Nate Robson can be contacted at Crawford Black Bar Association. represented by Williams & Connolly, It also cited more recent decisions from the [email protected]. “She is a mentor, leader and advocate,” Debevoise & Plimpton and Foley & Lardner U.S. Court of Appeals for the Federal Circuit Scott Graham can be contacted at Parrilla said Monday. “Attorney Hardy at the Supreme Court, said it had invested $5 on names such as Hotels.com. [email protected]. • State’s Attorney continues on 8

For the full online version of The Legal Intelligencer

www.TheLegalIntelligencer.com VOL P. 5 WEDNESDAY, JULY 1, 2020 THE LEGAL INTELLIGENCER • 5 IN-HOUSE COUNSEL Legal Resourcing and Creative Thinking in a Time of Crisis

BY MONICA ZENT line of business) that can be supported off- within legal departments—all necessary steps Corporate Counsel MONICA ZENT is ZentLaw’s CEO and founder site. They offer the benefi t of a cost-effec- at this juncture. At ZentLaw, within our legal of LawDesk 360. tive pricing structure while budgeting and operations solutions is a contract administra- e’ve all read the stories—or expe- forecasting legal spend with absolute cer- tion service. We’re fi nding that legal teams rienced fi rsthand: people working by unscrupulous suppliers for pandemic-era tainty. Our subscrip- are overwhelmed with Wfrom home are overloaded and essentials. tions allow clients contracting needs and burnt out. As a longtime businesswoman, Some of our in-house colleagues are for- to manage overfl ow having to refi ne con- attorney and entrepreneur based in Silicon getting they have options outside of Big Law legal work, spikes Th is is the time when tract processes. Valley, I’ve noticed the same thing across that they can and should consider. Make no in workfl ow, special Finally, in this era legal teams. The stress-inducing WFH dy- mistake, these are unusual times that require projects or any other legal teams should where a diversity and namic, reduced budgets, furloughs and lay- creative thinking and different approaches. legal support needed inclusion program in offs within legal teams has left legal teams Here are three cost-effective solutions that in that given practice reexamine their in-house an organization needs overwhelmed with work and frantically will keep morale high while helping to pre- area with absolute culture to assess what can to be far more than lip searching for helpful solutions. vent burnout and productivity issues for in- certainty as to cost. service, organizations As the founder and CEO of the alternative house legal teams: • Legal operations be done to improve it would be wise to walk legal service provider, Zent Law Group, I’ve • Secondments dedicated to the team: consulting optimizes the walk. This is the been fi elding calls from organizations whose Ideal for clients who need legal resources effi ciency: With the within their department time when legal teams legal teams are struggling. I’ve noticed that dedicated to their team. These are normally increasing pressures should reexamine their some of the legal department leaders are in provided at an all-inclusive cost that is less felt by legal teams and their company at in-house culture to as- somewhat of a panic mode, signing up for expensive than hiring an employee for what during this crisis sess what can be done more support from Big Law regardless of the could be a short-term need. Secondments comes a decrease in large. to improve it within cost when they could save signifi cantly more make sense when budget overruns are not an legal operations effi - their department and with alternative solutions. I’ve heard several option. Plus, the added bonus is you can po- ciencies. Having the their company at large. heads of legal operations at client organiza- tentially hire the resource after working with ability to evaluate and adjust a wide variety of The bottom line: If your legal team is show- tions corroborate this panic-purchase phe- them for a period of time. processes, methodologies and technologies is ing signs of cracking, don’t despair. Have an nomenon. Purchasing under duress is never • Subscriptions address ongoing needs: critical to success. Legal operations consul- open mind, consider the many alternative solu- a good idea. We’ve all witnessed that fi rst- These are for clients with ongoing needs and tants put a strong focus on data and metrics tions out there and simply be better. hand with empty supermarket shelves typi- a steady stream of work in a certain practice to conserve legal spend, maximize legal re- This article fi rst appeared in Corporate cally holding paper goods and price gouging area (such as all transactions for a given sources and evaluate processes and solutions Counsel, an ALM affi liate. •

Catch up with The Legal ’s reporters and editors, learn of latest breaking news and gain access to exclusive content!

Find us on facebook www.facebook.com/legalintelligencer 6 • THE LEGAL INTELLIGENCER WEDNESDAY, JULY 1, 2020 VOL P. 6 VOL P. 7 WEDNESDAY, JULY 1, 2020 THE LEGAL INTELLIGENCER • 7

Four Takeaways for Authentic, Appropriate Communications in a Crisis

BY MEG PRITCHARD USE YOUR PLATFORMS constituencies, they will tell you what kind MEG PRITCHARD, the Special to the Legal of communications and content they are principal of CREATE: AUTHENTICALLY AND looking for the most. What are clients call- Communications—Media— APPROPRIATELY irst of all, how are you? I hope you’re ing about? What’s being talked about in the Marketing, is a lawyer, all healthy, safe and managing as best This is not the time for “business as industries and market sectors you serve? If writer and marketing Fyou can as we head into the second professional who works with usual.” When your you know your clients half of 2020. law firms and lawyers to clients and commu- (as you should), you In the weeks after the COVID-19 pan- develop compelling content nities are in crisis— probably already have demic hit, we were flooded with mar- for their marketing and whether that’s deal- While you want to a good idea about the keting messages—from social media and business development. She can be reached at meg. ing with the impact challenges they’re digital advertising, to television and print [email protected] or 215-514-3206. of COVID-19 or con- provide the legal, confronting, but cur- ads. My inbox, like yours, was flooded fronting the need to rent events may have with emails from every company I’d ever The scenario was repeated after the eradicate systemic business and practical shifted the landscape, done business with—and many I hadn’t. heinous killing of George Floyd by racism—you need so it’s essential to lis- Every organization I’d ever given my Minneapolis police last month sparked to pause and decide resources that clients are ten and ask questions. email to—voluntarily or otherwise— national and international protests and how you want to What’s appropriate seemed to be reaching out to connect calls for criminal justice and polic- communicate in di- looking for, consider for my practice (or with me. ing reform. Organizations of all kinds rect response to the communications that firm) right now? To Some notable standouts aside, most of jumped on the #BlackLivesMatter band- situation. This means be clear (again) this the content repeated the same message wagon and issued corporate statements evaluating how your acknowledge and address is not about turning a over and over and over again, until it be- denouncing racism in messaging across usual messaging crisis into a marketing came an indistinguishable cacophony of digital and traditional platforms. Again, might land and also the human needs of the opportunity. Instead, content. The messages of “we care about with some very notable exceptions, the what other commu- it’s about using your our clients and customers,” more often backlash has been fierce as brand after nications your clients people who receive them. expertise and the role than not followed by a low-key (or not- brand has been called out for its per- and communities are you play in your cli- so-low-key) sales pitch, came off as hol- formative allyship and opportunistic looking to you to ents’ lives—business low at best in the face of the devastating messaging. provide. and personal—to be health and economic effects of the virus. Of course, professional services mar- Figuring this out requires both an exter- of service. Some of the messaging was flagrantly op- keting isn’t fully aligned with consumer nal and an internal check. Ask yourself two It’s also not about jumping on the band- portunistic, as a number of organizations marketing, but many of the broader com- questions: wagon and emulating what others are doing. treated the global pandemic as a marketing munications and content takeaways are First, what do people need right now? If So many firms ran for the COVID-19 ball opportunity. applicable. you listen to your clients, communities and Legal Marketing continues on 8 8 • THE LEGAL INTELLIGENCER WEDNESDAY, JULY 1, 2020 VOL P. 8

in dealing with my client, who had mental Another critic was Joe Verrengia, a State’s Attorney health issues,” Brinson said. “As someone Democratic member of the state’s House who watched her and worked with her in of Representatives and co-chairman of the continued from 4 her years as a prosecutor, she is very fair. Public Safety Committee. has opened the doors for Black attorneys. I’d like to see Ms. Hardy get a second Verrengia said, in part: “I certainly appre- Copyright © 2020. ALM Media, LLC. All Rights Reserved. Further duplication without permission is Attorney Hardy has done her job with integ- chance and not have her story end here.” ciate the work of all of the state’s attorneys prohibited U.S.P.O. No. 309260 Published daily, except rity and honorably. We ought to consider her There were also voices against the in this state. But we must hold people in Saturdays, Sundays and holidays. entire body of work. We should not judge reappointment. power accountable. I think if Ms. Hardy is 1617 JFK Blvd., Suite 1665 Philadelphia, PA 19103 Phone: 215-557-2300 Fax: 215-557-2301 her competency on these cases alone.” They included resident Randy Watson, reappointed, it would be a step in the wrong www.thelegalintelligencer.com Also voicing support for Hardy was former who identified himself as a member of the direction.” e-mail: [email protected] [email protected] Connecticut attorney Corey Brinson. Black Lives Matter movement. “I strongly The board did vote to reappoint Maureen Editor-In-Chief, Brinson said he had interactions with oppose the reappointment of Gail Hardy. She Platt to another term as Waterbury state’s Regional Brands & Legal Themes Hank Grezlak Hardy because he represented a man who has failed miserably. I feel the suspension attorney. Managing Editor Zack Needles Hartford police shot and injured. is not enough, and she should not be reap- Robert Storace can be contacted at Global Director of ALM Events Sales “She was thoughtful and fair in the case pointed,” Watson said. [email protected]. • & Sponsorships Donald Chalphin Senior Director of Sales-West, Marketing Solutions Joe Pavone Director Of Marketing Solutions, thought-out posts can quickly earn you a lot dealt with moving entire offices to work from ALM East Carlos Curbelo Associate Editor Alexa Woronowicz Legal Marketing of negative visibility. And deploy hashtags home arrangements. Copy Editor Aleeza Furman with care. More than a few companies have Now, several months into the COVID-19 continued from 7 Magazine & Supplements Editor Kristie Rearick needed to apologize for including a trend- crisis (or any crisis), clients are looking Staff Reporters Ellen Bardash at the beginning of the pandemic, but what ing hashtag in social media without fully beyond their initial response for future-fo- P.J. D’Annunzio resulted was a scrum of content that missed understanding what it meant. cused information and guidance. And firms Max Mitchell the mark with clients, according to report- may now have more options available for Erica Silverman ing by Legal affiliates Corporate Counsel BE PREPARED TO PIVOT delivering needed information in a usable Corporate Account Executive Shawn Phillips and The American Lawyer, among others. As time passes, both you and your cli- and accessible way. And while it’s not back Key Account Executive Vivian DiStaso Too general, too lengthy and too frequent ents will be operating in a changed—and to “business as usual,” it also doesn’t have to Legal Notices Customer Service Anetra Smith Assistant Listings Editor Diane DeAngelo were among the criticisms of the content changing—environment, and your com- be “all COVID, all the time,” as it was back that law firms put out at the beginning of munications will need to evolve to re- in March and April, as clients are looking the pandemic, as well as generic and stale. flect new conditions, whether temporary for more variety in topics of interest. A lot of firms put COVID-19 content on or permanent. CLIENTS ARE PEOPLE TOO blast without much thought as to what their During the first part of the COVID-19 pan- (212) 457-9400 specific clients wanted or needed in the demic, much of content firms put out high- Regardless of whether your clients are 150 East 42 Street, Mezzanine Level moment. lighted government responses to the spread Fortune 100 companies, small startups, New York, NY 10017

of the virus and the impact on individuals, family offices or individuals, legal services ALM Senior Management TAKE CARE WITH SOCIAL MEDIA businesses, industries and market sectors. is an industry based on one-to-one relation- President & CEO Bill Carter Social media deserve special mention That was rapidly followed by information ships. In times of crises, people are looking Chief Content Officer Molly Miller because unlike your website, blog or email on efforts to dampen the adverse economic to be viewed as, well, people, not just as channels, which you fully control, social consequences of shut-down and stay-at-home sources of revenue for you and your firm. Chief Financial Officer & President/Events Mark Fried media is a public forum. You can control orders. The predominant form of this content So, while you want to provide the legal, President of Information Services Jon DiGiambattista your own messaging but not others’ re- was written—email alerts and COVID-19 business and practical resources that clients Chief Sales Officer/Paid Content Allan Milloy sponses. Be careful of jumping on social newsletters, dedicated website “resource” are looking for, consider communications Chief Sales Officer/Marketing Solutions Matthew Weiner media bandwagons. As a number of orga- pages and blogs—in part because large events that acknowledge and address the human Chief Technology Officer Jimi Li nizations found out when they posted their and in-person thought leadership opportuni- needs of the people who receive them. Senior Vice President, Human Resources Erin Dziekan “support” for Black Lives Matter and the ties were off the table and remote substitutes Empathy, understanding and even a little bit protests in the wake of George Floyd’s kill- like webinars and podcasts required time of humor (a little goes a long way here!)— Newsroom: 215-557-2486 ing, this can look opportunistic—and it can and technology that law firms may not have authentically expressed—are both welcome Display advertising: 215-557-2340 backfire spectacularly. Inauthentic or poorly had the ability to deploy, especially as they and appropriate. • Classified advertising: 347-227-3147 Legal notice advertising: 215-557-2332 Trial listings: 215-557-2313 Subscriptions/billing/delivery: 877-256-2472 For example, good mentoring often mentoring, is that corporate firms have not Abaya means giving someone the benefit of the been able to convince Black associates, The Legal Intelligencer has been designated by the Court of Common Pleas of Philadelphia County, the Philadelphia Municipal doubt and knowing they might fail, even and frankly other associates, of the value continued from 1 Court, the Commonwealth Court of Pennsylvania, the Superior Court allowing them to fail. There has to be a proposition for staying at the firm. On this I of Pennsylvania, the United States District Court for the Eastern (Order of the Coif, Law Review), and a trial-and-error process that is required for can speak from experience. After I became District of Pennsylvania, and the Bankruptcy Court for the Eastern District of Pennsylvania as the official newspaper for the publication Master of Business Administration from the learning. The law firm environment is intol- a senior associate at DLA, at my evaluation of all notices in Philadelphia County. University of Findlay. erant of errors by its nature; errors are seen that year, there was discussion about mak- The below responses were edited lightly as a waste of time or could make you look ing partner. When I did the research of what For authorization to photocopy items for internal or personal use, please contact Copyright Clearance Center at: for style. bad to a client. A busy partner is choosing is required of a lawyer, particularly of Black Phone 978-750-8400 | Website http://www.copyright.com ALM: Are there elements of the pro- against all the other demands on his or her lawyers, to make partner at a firm like that, fessional and/or cultural environment of attention when investing time to teach an from my perspective it was not worth it. For customized reprints and any additional questions, please contact: Syndia J. Torres-Peña, Director a corporate law firm that are particularly associate, and Black associates are often not For one, there is no generally applicable Phone 877-257-3382 | Email [email protected] challenging to a Black attorney? given this opportunity in the same way that formula for advancement. The process in- Abaya: The law firm environment is white associates are. volves not only hard work and lots of time, The Legal Intelligencer assumes no responsibility for failure to report any matter inadvertently omitted or withheld from it. generally a difficult corporate environment. This contributes to an already vicious it also involves soft factors like politics and Member of Pennsylvania Newspapers Association and American Because the baseline is long hours and cycle, because I also saw a pattern where network, which in my opinion naturally dis- Court and Commercial Newspapers. Hand-delivery customers hard work, only a certain type of person Black attorneys at a junior level are given advantages Black associates and can leave must notify the circulation department of non-delivery before 10 a.m. to guarantee same-day delivery. Periodicals postage paid opts into it. The lawyers who want to stay significantly less work, and therefore do not them frustrated with the process. But even at Philadelphia, PA. have to be nurtured and cultivated by the have the same opportunities to learn as their attaining partnership doesn’t mean those organization. The most important issue is white counterparts. In a profession that re- things go away. At corporate firms, even if POSTMASTER, send address changes to: The Legal Intelligencer, 150 East 42 Street, Mezzanine Level there is often not enough mentoring and quires a high amount of “reps” to develop you become an equity partner and bring in New York, NY 10017 support within these organizations to en- and be successful, this lack of opportunity your own business, you may still have to courage Black attorneys to stay. Not enough can be fatal to someone’s career. The small fight for the credit for your work. And even SUBSCRIPTION RATES One Year Variable Rates senior attorneys, particularly partners, take number of Black partners at corporate firms if you get credit for your work, you may not Single Copy $5 the time to be intentionally involved in a is a symptom of this cycle. get appropriately compensated. As an asso- junior lawyer’s development. The fast pace Many corporate firms have made an ef- ciate, I personally saw these things happen. TO SUBSCRIBE Phone 877-256-2472 | Email [email protected] of the law firm makes it generally difficult fort to recruit Black associates. Why the Black lawyers are also fighting against the to take the necessary time to train junior retention problem? disadvantages of their network. Meaning, lawyers, and Black lawyers in particular get The problem is multifaceted, but the one of the primary ways of navigating these left behind. most significant issue, other than lack of Abaya continues on 9 VOL P. 9 WEDNESDAY, JULY 1, 2020 THE LEGAL INTELLIGENCER • 9

But ultimately, human beings implement weapons being used are ineffective or in- I decided relatively early in my legal Abaya review processes, and human beings can be suffi cient. They include things like hiring career that if I was going to continue being unfair, even within a seemingly fair process. diversity professionals, or starting diversity a lawyer, I needed maximum autonomy and continued from 8 For example, I received a negative review recruitment programs. To win this war re- fl exibility. I had the good fortune to get issues within the fi rm is by fi nding allies. once as an associate that I defi nitely thought quires winning people’s hearts and minds, legal training at the highest level of corpo- But Black lawyers make up about 3-4% of was unfair. The review essentially said that because you are fi ghting against an idea. rate practice at some of the largest law fi rms the legal profession, so the percent of Black I was avoiding work, which was absolutely That is very hard to do. in the world, but ultimately, I found more lawyers that become partner at a corporate not the case. Luckily, well before the review We need a systemic cultural shift in the fulfi llment working with startups and small fi rm is minuscule and it works against you I had raised some of the issues I was hav- way law fi rms work. The people who are in businesses, and especially leveraging my because you don’t have the same pool of ing with a Black partner in the offi ce, who power in these fi rms are the very people that expertise to help Black-owned businesses natural allies. I think law fi rms underesti- happened to be the fi rm’s lead diversity benefi t the most from the current system. and entrepreneurs. I saw an opportunity to mate how much network effects advantage partner, which gave me the opportunity to Somehow, we have to convince them that use my training to serve that community. white lawyers and how powerful that net- challenge that review and show that I was recruiting, retaining, promoting and includ- Black-owned companies and Black en- work effect can be in determining success being proactive in addressing concerns. I ing Black attorneys is a good thing, and not trepreneurs are particularly underfunded at a law fi rm. It takes so much to become a could not have gone to the head of the prac- only that, it is worth whatever they believe and under-resourced. The large law fi rm partner at a fi rm, and many Black lawyers tice group because he was too far removed will be the associated costs. Law fi rms, fi nancial model is not conducive to build- believe they have to work even harder than from the situation. Frankly, I’m not sure and especially large law fi rms, have the ing the type of practice that serves them, at their white colleagues, and many decide it what the correct protocol would have been. resources to meaningfully diversify their or- least not at the early stages. But boutique is not worth it. The money is defi nitely an I specifi cally went to this partner because he ganizations, what is lacking, and what a few fi rms provide the fl exibility, fi nancially and incentive—partners may make millions of is Black. He went to bat for me, and I stayed decades of diversity efforts seems to show, otherwise, to do things that wouldn’t work dollars per year—and there are other incen- at the fi rm for another two years. is that they do not have the will. in a large law fi rm context. It might also be tives, such as recognition or prestige, or That story illustrates two things, fairness The more I see society changing on the that boutique and midsize fi rms give Black stimulating work, but for many Black asso- can be debated and it often takes a com- issue of social justice and race relations, the lawyers more power to determine their own ciates, those do not outweigh the very real posite view to understand what is fair, and more law fi rms will change. Firms tend to careers because the top of the power struc- possibility that you could work very hard to defend yourself against unfairness in a follow changes in society, which are taking ture is not as far removed. There is a feeling and put in all that time and still not succeed system where you sit on the lower end of a place in signifi cant ways. For example, a of having more agency or access. simply because of soft factors that are out power differential requires fi nding others in large number of protesters were white [who Part of it may also be a numbers game, of your control. that system with more power than yourself participated in the protests over the tragic where fewer people at the fi rm means any Pepper has increased their efforts to who will work on your behalf, and many death of George Floyd on May 25]. Black lawyer represents a larger percent- recruit and hire black attorneys, but today Black associates don’t have that. How do you feel about the term “at- age. But I would caution against seeing there are very few there. There is an effort What could corporate fi rms do better torneys of color”? boutique or midsize fi rms as necessarily to bring on black summer associates, and in terms of hiring and retaining Black Frankly, I’m not that bothered by it. But better environments for Black lawyers. The many do join the fi rm, but then decide not attorneys? I think using the term “attorneys of color” issue of diversity in the legal profession is to stay. I think of this issue in terms of war. allows law fi rms to talk about diversity very nuanced, which is why solutions are Is the attorney review process con- It’s like a war against an attitude of com- generally. It is a broad-brush term that does so elusive. I think the profession as a whole ducted in a fair manner at corporate placency and self-interest that naturally not refl ect the unique history of Black law- can do better to encourage more representa- fi rms? excludes people of color and preserves the yers specifi cally, and African Americans in tion by Black lawyers, from boutique fi rms I give law fi rms the benefi t of the doubt status quo. That is why diversity numbers general. to the Am Law 100. that they want their reviews to be fair, and in the legal profession have not meaning- Why are Black attorneys increasingly Erica Silverman can be contacted at even try to structure their reviews to be fair. fully changed in almost two decades. The drawn to boutique and midsize fi rms? [email protected]. •

certain circumstances, passed the 80-mem- colleagues June 26 that S-20 would help Murphy isn’t alone. Plan ber Assembly 72-2; A-3201, sponsored by fund public colleges and universities ex- As lockdown restrictions have been eased Carol Murphy, D-Burlington, which would periencing severe revenue declines, the nationally, some states in the West and continued from 3 recognize Harriet Tubman’s contributions unemployed and those in need of affordable South are experiencing alarming increases holiday. S-19 passed the Senate 35-0 with to freeing slaves and her role in women’s housing, and address other issues brought in COVID-19 cases, forcing governors in fi ve abstentions. suffrage by recognizing Howell House in on by the pandemic. those states to reinstitute social-distancing “I realize that all progress that was made Cape May as Harriet Tubman Museum in “I just want to reiterate that this three- guidelines, such as the closure of bars for was not suffi cient, and there are still mindsets New Jersey, passed the Assembly 73-0; and month spending plan includes no new taxes, the second time in Texas and Florida over out there,” said Rice, a cosponsor of S-19. AJR-171, a resolution to designate July 13 no new fees and no borrowing to fund the the weekend. S-19 was among a handful of bills ap- “Black Lives Matter Day” in New Jersey, three-month budget. I just want to be on the Murphy said Atlantic City, New Jersey’s proved by both houses addressing racial passed the Assembly 53-0 with 18 absten- record for that,” Sarlo said. nine casinos are still on track to reopen injustice, as protests across the country in tions, while its Senate counterpart, SJR-87, But just as lawmakers met in person for Thursday after being shuttered since mid- the wake of George Floyd’s death in police was introduced in the Senate and referred the fi rst time at the Statehouse since mid- March—at 25% capacity, and now with- custody in late May have spurred cries for to the Senate state government, wagering, March’s social-distancing guidelines were out indoor dining. The governor signed massive police and criminal justice reforms. tourism and historic preservation committee put in place, the governor put the brakes on Executive Order No. 158 on Monday, tem- The measures in Trenton refl ect how leg- for a hearing. easing restrictions to allow indoor dining as porarily pausing the resumption of indoor islatures nationally are becoming active When voting action returned to the transmission rates showed an uptick in New dining and prohibiting the consumption participants in the debate on how to achieve Senate—after the upper chamber waited Jersey and elsewhere. of food or beverages and smoking in the such reform. on eight bills to pass the Assembly fi rst, Indoor dining was scheduled to resume indoor premises of any retail, recreational, On Monday, A-744 substituted for S-1482, including A-3—Sarlo, who sponsored S-20 Thursday at 25% capacity after outdoor din- or entertainment business where masks are which would require law enforcement agen- with Sen. Sandra Cunningham, D-Hudson, ing resumed June 15. But that’s no longer strictly required. cies to provide internal affairs and person- made a fi nal pitch for the critical spend- the case, said the governor, who said “he Suzette Parmley can be contacted at nel fi les of offi cers to other agencies under ing bill. Sarlo told his budget committee has no choice” but to pull back. [email protected]. •

To publish your Corporate Notices, Call: Brian Harris at 215-557-2496 | Email: [email protected] 10 • THE LEGAL INTELLIGENCER WEDNESDAY, JULY 1, 2020 VOL P. 10

so many industries and business sectors work are looking “to take that to the professionals, most notably in regard to Client Relations in turmoil, she says it’s never been more next level.” the potential for diminished office space. important to have one-on-one conversations “We’ve seen more depth in our adoption, If firms enter the post-pandemic landscape continued from 1 with clients “to figure out how we are going and we are supporting more of the firm than newly comfortable with remote work and, The requests can be hard to stomach, she to do this differently, how we can be help- we have before,” Batchelor says. as a result, pull back on expensive leases, says, but as a partner to the firm’s clients, ful for them, and also to make sure that in For Prince, whose team of about two they could be in a better position to keep her team has to find solutions. In a growing this new normal we’re setting the course dozen professionals absorbed the firm’s their two most important stakeholders satis- number of cases, that has meant creative and connecting with clients in a way that client technology efforts last year, the in- fied: clients and talent. arrangements, like a fixed-fee plan for a matters.” creased demand has largely been focused “If overhead costs go down, you can pay client seeking rent relief for a number of Dawn Sheiker, director of client relations around technology, as lawyers and clients people more, people are generally happier, properties, which included a success fee on at midsize Delaware firm Morris James, alike embrace the realities the pandemic and then you can meet those client de- the back end. has also noticed increased demand for her has wrought, including senior partners mands,” Prince says. Ashton Batchelor, director of legal proj- services, which focus heavily on sales and who once remained distant. For the cli- In the end, she thinks the grow- ect management and client experience at business development. She says the crisis ent seeking rent abatements, her team de- ing prominence of her fellow business Robins Kaplan, says her firm’s pricing has given business professionals an op- signed custom technology to help it track professionals could eventually result professionals are being introduced earlier portunity to demonstrate their value, and its requests. in law firms elevating more individuals in conversations with clients, a trend she she’s responded by helping partners pre- Batchelor says her team can offer clients without law degrees into key positions, expects to continue long after the pandemic pare for clients’ new challenges, whether the data analytics and scenario modeling including CEO. subsides. they involve a change in litigation strat- that they need now more than ever as they As client relations professionals rise up “To the extent that we weren’t at the table egy or issues around billing and budget- look to increase the efficiency and effective- within their firms, Henson says they should before, it’s created an impetus for us to be ing. Like her counterparts, she expects ness of every dollar they spend on outside be helping lawyers realize that doing great in those conversations,” Batchelor says. the crisis to drive more lawyers and cli- counsel. Her team has been most involved work is simply “table stakes” in an envi- “We’ve seen great outcomes.” ents to bring business professionals into on the analytics side—developing dash- ronment full of high-quality competition. Not everyone on either side of the table their relationships. boards for clients to help them focus on Lawyers should be thinking about how to is comfortable with alternative fee arrange- “For the role that I’m in, I’ve found it to key performance indicators, and connecting become a trusted adviser for clients and ments, but client relations professionals say be positive,” Sheiker says. “Lawyers are both lawyers and clients to the data they then taking the next step to become a busi- clients have become more interested in their busy at home working, trying to handle need. That work has taken off during the ness partner—and Henson and her counter- options. Robins Kaplan has been aligning everything. They’re more willing to engage crisis, she says. parts across the industry should help them budgets with clients’ fiscal calendars, tak- me to help them—and the clients have al- “What drives all of this is price predict- to do it. ing on entire portfolios of litigation and ways been there.” ability, client value and price transparency,” “The more we can understand what cli- other measures that can bring a level of More lawyers are beginning to see cli- Batchelor says. “I don’t see that returning ents want, that’s going to lead us down the predictability for clients, Batchelor says. ent value professionals as strategic part- to the pre-COVID state. We will continue path of the nonlawyer professionals being She’s also seen an increased appetite for ners who can have a meaningful role in to see that become a core part of the ingrained in that relationship,” Henson shared-risk arrangements. helping address clients’ challenges. conversation.” says. “For years it’s slowly been ticking up, Henson says the coronavirus has made Batchelor says even the lawyers at Robins The long-term effects of the current cri- and this is expediting it.” Taft “more empathetic” to clients that may Kaplan who have already integrated the sis could have a significant influence on Ben Seal can be contacted at bseal@ have trouble paying in full or on time. With legal project management team into their the outlook for client-focused business alm.com. •

“The problem with plaintiffs’ argument Schiller cleared the lawsuit to move In requesting dismissal of the lawsuit, the Mushroom is that it wrongly assumes the burden is on forward last year. Winn-Dixie and co- defendants claimed the plaintiffs’ allega- defendants to provide enough information plaintiff Bi-Lo claimed that the mush- tions were not specific enough to move for- continued from 1 to prove their document search was reason- room farms violated the Sherman Antitrust ward, claiming that there are no differences Eastern District of Pennsylvania’s ruling re- able,” Schiller said in his June 29 opinion. Act by engaging in “naked price-fixing in the allegations against the cooperative lates to the plaintiffs’ request for the defen- “The burden, however, rests with plaintiffs and conspired among themselves and in and the individual member farms. dants—members of the Eastern Mushroom to show that defendants’ search was not rea- conjunction with [non-EMMC member] But the judge said that in the early stages Marketing Cooperative—to produce docu- sonable. Plaintiffs cannot carry that burden distributors to set artificially inflated [mush- of the litigation, it didn’t matter. ments on mushroom sales. Schiller granted by pointing to all the information they do room] prices,” according to Schiller’s April “Winn-Dixie plaintiffs have furnished leave for the plaintiffs to refile. not know about defendants’ methodology. 2019 opinion. a clue as to which of the EMMC mem- Two particular defendant mushroom- The mere absence of that information is The plaintiffs also accused the coop- bers allegedly agreed to the alleged con- sellers, Monterey Mushrooms and Modern not enough for a court to grant a motion erative of “‘meeting and agreeing to fix spiratorial scheme and ‘when and where Mushroom Farms, claimed they did not to compel.” the price of Agaricus mushrooms’ and the illicit agreement took place,” Schiller have the documents the plaintiffs requested. William DeStefano of Stevens & Lee rep- ‘by collectively interfering with, penal- said. “At this stage of the litigation, According to Schiller, the plaintiffs argued resents the defendants and said, “It was in our izing and retaliating against any non- the court must accept these allegations in their motion to compel that the defen- view a correct result, and I thought it was a EMMC growers that sought to sell at as true.” dants refused to provide documents on a well-written and well-reasoned opinion.” prices that were below the artificially- P.J. D’Annunzio can be contacted at “range of topics” addressing the reason- Krishna Narine of Lauletta Birnbaum repre- inflated prices set by EMMC,’” Schiller 215-557-2315 or [email protected]. ableness of the defendants’ search attempt. sents the plaintiffs and declined to comment. had said. Follow him on Twitter @PJDannunzioTLI. •

build an even stronger majority on the Despite its past success, that strategy for the president to do.” And she predicted Conservatives Supreme Court. is now facing fresh skepticism. Sen. Josh the new version will feature a number of “Returning the courts to the rule of Hawley, a Republican member of the Senate Trump’s nominees who are currently sitting continued from 1 law has always been a very motivating Judiciary Committee, recently told Politico on federal courts. However, Chief Justice John Roberts— issue for those on the right,” said Carrie he believes Trump should not release an- Conservatives acknowledge that a bench widely viewed as the bench’s new center Severino, president of the conservative other list if it’s drafted in the same way with Roberts, who they argue is ruling to vote—has joined liberal justices to create Judicial Crisis Network. “We’ve long expe- as prior iterations, arguing religious con- protect the reputation of the court over majorities in cases where conservatives rienced the courts usurping the legislative servatives should play a bigger role in the what the law calls for, is an improvement hoped to win, clouding their other achieve- process to simply come to legal results. process. on past versions of the court without a ments on the courts. This term, unfortunately, is no different. I “I think they feel just shocked at what’s Republican-appointed majority. Statements It’s highly likely that whoever wins the think that’s something that will continue to going on with the Supreme Court, so I from right-wing groups issued in the wake November presidential election will get to motivate voters.” think it’s vital that they be heard from and of Monday’s abortion ruling drove home select at least one justice, with two mem- involved in this process,” said Hawley, who the importance of ensuring the court’s ideo- bers of the court’s liberal bloc—Ruth Bader ‘JUST SHOCKED’ previously clerked for Roberts. logical balance is left up to the GOP and not Ginsburg, 87, and Stephen Breyer, 81—at Trump recently announced he would once Other conservatives, including Leonard Democrats in the coming years. retirement age. again release a list of potential justices to Leo of The Federalist Society, who was “It is imperative that we re-elect President Conservatives who have been able to tap to the U.S. Supreme Court, repeating involved in the nominations of Gorsuch Trump and our pro-life majority in the U.S. successfully run on the courts are en- a move from his 2016 campaign that many and Kavanaugh, have defended the process. Senate so we can further restore the judi- ergized to do so again, citing their re- view as having won over otherwise wary Severino on Monday said Trump releasing ciary, most especially the Supreme Court. cent losses as reason they need to Republican voters. an updated list is “exactly the correct thing Conservatives continues on 11 VOL P. 11 WEDNESDAY, JULY 1, 2020 THE LEGAL INTELLIGENCER • 11

decisis—the legal doctrine against over- in a statement. “None of the victories this Bureau at will and not solely for cause as Conservatives turning prior precedent—in authoring his term leave enough breathing room for pro- originally required. concurring opinion, splitting from the gressives to get comfortable. If Trump is While the chief justice included an in- continued from 10 court’s liberal arm’s reasoning finding the able to nominate an additional justice, that terpretation of severability—“It has long President Trump, assisted by the pro-life law unconstitutional. person will vote like Brett Kavanaugh, not been settled that ‘one section of a statute Senate majority, is keeping his promise “The Louisiana law imposes a burden John Roberts. It could not be more clear may be repugnant to the Constitution with- to appoint constitutionalist Supreme Court on access to abortion just as severe as that that the future of the court is hanging in the out rendering the whole act void’”—that justices and other federal judges,” read one imposed by the Texas law, for the same balance this year.” liberals viewed as a sign the justices won’t such statement from Marjorie Dannenfelser, reasons. Therefore Louisiana’s law can- Biden has not gone as far as Trump in strike down the entire Affordable Care president of the anti-abortion group Susan not stand under our precedents,” Roberts releasing a list of possible Supreme Court Act in a separate case pending before the B. Anthony List, which called the abortion wrote Monday. nominees, but has said he would tap a Black court, they still decried the CFPB ruling ruling a “bitter disappointment.” Left-leaning groups pointed to Roberts’ woman for the court. as a whole. “This is evidenced by Justices Gorsuch opinion to argue he might not rule their way The Supreme Court rulings haven’t all “The far right just scored a victory in its and Kavanaugh, who joined with Justices in future abortion cases, and that presump- been bad for conservatives. The court on decades-long battle to destroy the social Thomas and Alito and dissented from to- tive Democratic nominee Joe Biden must Monday rejected a challenge from fed- safety net,” Marge Baker, executive vice day’s ruling,” Dannenfelser added. win in November to guard the court from eral death row inmates over U.S. Attorney president for policy and program at the Liberal groups on Monday took the win going even further to the right. General William Barr’s new federal ex- progressive group People For the American on abortion access, but warned future vic- “The increased public pressure on the ecution protocol, which was upheld ear- Way, said in a statement. “It’s critical that tories may not be achievable if Trump is court has once again caused Roberts to lier this year by a pair of Trump appoin- we vote in November for a president and allowed to fill future court vacancies. side with the liberals, but his opinion tees on the U.S. Court of Appeals for the senators who will nominate and confirm While Monday’s decision threw out walked a very fine line and may pave the D.C. Circuit. fair-minded judges who won’t rule ex- the Louisiana abortion law, Roberts way for a much less favorable outcome on Roberts on Monday also wrote a ma- clusively in favor of big corporations in leaned on the court’s prior ruling against abortion rights in the very near future,” jority opinion that said Trump has the this way.” a nearly identical Texas law where he Brian Fallon, executive director of the power to fire the director of the inde- Jacqueline Thomsen can be contacted at was in the minority. He invoked stare progressive group Demand Justice, said pendent Consumer Financial Protection [email protected]. •

Pennsylvania Products Liability By Bradley D. Remick - Marshall Dennehey Warner Coleman & Goggin

Pennsylvania Products Liability provides an authoritative and comprehensive review of Pennsylvania product liability law, an area of law that has undergone dramatic changes in recent years. This book is updated to include current Tincher case law and provides thorough analysis of the essential concepts and the new standard set out by the Pennsylvania Supreme Court. For more information or to place an order, visit: www.lawcatalog.com/papl | Call 1-877-807-8076

www.lawcatalog.com/papl