PENNSYLVANIA S 100 LARGEST LAW FIRMS

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1 A SUPPLEMENT TO THE LEGAL INTELLIGENCER PaLAW ANNUAL REPORT ON THE LEGAL PROFESSION An Publication $35 PENNSYLVANIA S 100 LARGEST LAW FIRMS Sixteenth Annual Managing Partners Survey Firm Financials Largest Awards & Settlements Where Will Law Firm Growth Come From? PaLAW

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5 PaLAW ANNUAL REPORT ON THE LEGAL PROFESSION Editor s Note 7 Welcome to PaLAW 2011: Our 18th Annual Report on the Legal Profession. Largest Awards & Settlements 9 A ranking of Pennsylvania s largest 50 awards and settlements from Aug. 1, 2010 through Aug. 1, 2011, as reported in The Legal Intelligencer and Pennsylvania Law Weekly. Largest PA Public Corporations 34 The legal departments of the 100 largest public companies based in Pennsylvania. Law Firms Identified by Corporate Clients 53 Which law firms are called upon most often to represent Pennsylvania s public corporations? Most Requested Opinions 14 A list of the most popular Pennsylvania state and federal court cases from Aug. 1, 2010 to July 31, 2011, as gauged by lawyers requests for opinions through the Pennsylvania Instant Case Service. National Statistics 16 How Pennsylvania law firms compare to firms nationwide. County-by-County Statistics 18 Pennsylvania s attorney-to-population ratio and license numbers. Largest Public Law Firms in PA 20 Pennsylvania s public law offices, ranked by number of attorneys. PA-Area Law School Statistics 22 The essential information about the region s law schools. PA Minority- & Women-Owned Law Firms 25 An alphabetical listing of firms identifying themselves as minority firms. Survey of Pennsylvania Managing Partners 54 The focus is on the economic environment in our 16th annual Managing Partners Survey. 100 Largest Law Firms in Pennsylvania 61 Our 18th ranking of the largest PA law firms, with comprehensive tables on firm growth, women and minority percentages and geographical presence. Law Firm Growth 87 Tracking which firms are fastestgrowing and fastest-shrinking. Female and Minority Percentages 89 How the 100 largest firms performed in diversity. Strategies in a No-Growth Economy 94 Altman Weil consultant Ward Bower s analysis of where law firm growth will come from in PA Public Interest Law Firms 29 Pennsylvania agencies that serve the public interest, listed by annual budget. Firm Financials Our review of how firms did financially last year. PaLAW

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7 Editor s Note Welcome to the 18th installment of PaLAW: Annual Report on the Legal Profession. In this space last year, we spoke of the publication s new design and continued commitment to providing accurate, detailed and informative data on as many facets of the legal profession as we could fit in these pages. Our hope is that you can clearly see those efforts again bore fruit in this latest edition, which has tracked a legal community in recovery. As we have focused our efforts in the last year on collecting data about private law firms, public corporations and public interest firms, to name a few things, the legal profession has been focused on how to emerge from a recession that has drastically altered some ways of doing business while allowing other old habits to creep back to the fore. Layoffs and hiring reductions continue to recede while rate and salary increases are on the rise. Firms continue to function with fewer attorneys in Pennsylvania, at least. Reed Smith again topped the 100 Largest Law Firms in Pennsylvania list with 311 full-time attorneys in the state, compared to the 323 lawyers that garnered the firm the top spot in As Ward Bower points out in his article on page 94, firms have little left to cut in the way of expenses, making revenue generation a tough prospect in One way to garner more revenue, he points out, is through a merger, but fewer respondents to this year s Managing Partners Survey said they were actively seeking a merger partner. One area that may still have room for some trimming is the partner ranks the fastest way, consultants have said, to improve the bottom line. Though firms are not rushing to cut or de-equitize partners in any dramatic fashion, they are looking at doing so at an increased rate from last year. That and a number of other interesting takeaways can be found from the analysis of the survey, including some impressive financial results for law firms in the last two years. And reporter Zack Needles has a roundup of specific financial results from 2010 for the state s largest law firms. There is one big change to the publication this year. We are sad to say that Jaime Bochet, our magazines and supplements editor, has moved on for a new and exciting career endeavor. We can t thank Jaime enough for her work in shaping PaLAW 2011 and the several editions before it. We promise that her dedication is one entrenched in the institution s culture one we hope will remain visible on the coming pages and in future editions as we constantly work to improve the end product. To that end, we welcome our new magazines and supplements editor, Ben Seal, who joins us from the sports desk of The Trentonian with the same ability to juggle projects and fine-tune a product that has driven the success of this publication in previous years. This publication and its many moving parts could not have been pulled together without the help of some very dedicated, detail-oriented colleagues. Art Director Karen Leddy painstakingly lays out each of the charts, graphs and articles, adding her own refined style that hopefully makes these pages easy to read as well as easy on the eyes. Director of Information Technology Brian Harris generates the surveys you are all nice enough to fill out as well as compiles the data we receive from a number of different sources. Super-intern Brooke McDonald has helped with editing every step of the way, further ensuring the data you see is as accurate as possible. As much of the data you are about to read is a snapshot of where firms currently stand, we welcome your ideas for how we can look ahead and provide you with the most useful information. As the practice of law evolves, so too should this publication. We look forward to hearing you insights and suggestions in the coming year. Gina Passarella Senior Staff Reporter and Special Projects Editor Copyright ALM Media, LLC. All Rights Reserved. Further duplication without permission is prohibited U.S.P.O. No Published daily, except Saturdays, Sundays and holidays JFK Blvd., Suite 1750 Philadelphia, PA Phone: / Fax: Publisher Hal M. Cohen Associate Publisher & Editor-in-Chief Hank Grezlak Senior Staff Reporter & Special Projects Editor Gina Passarella IT Director Brian R. Harris Managing Editor Michael A. Riccardi, Esq. Production Director Dave Umfer Art Director Karen Leddy Graphic Designers Louis Bartella, Bunne Baum, Mike Jackson Advertising Director Donald Chalphin Account Managers Matt Hartman, Jayne Overturf Law Firm Account Manager Lana J. Ehrlich Broadway, New York, NY ALM Senior Management President/CEO William L. Pollak Senior Vice President/Chief Legal Officer Allison C. Hoffman Senior Vice President/Chief Financial Officer Eric F. Lundberg Senior Vice President/Legal Division Kevin Vermeulen Senior Vice President/Chief Technology Officer Jeffrey K. Whittle Vice President/Real Estate Michael Desiato Group Vice President/Substantive Law Sara Diamond Find us on Facebook... Follow us on Twitter. Catch up with The Legal s reporters and editors, learn of latest breaking news and gain access to exclusive content! facebook.com/legalintelligencer twitter.com/thelegalintel PaLAW

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9 Largest Awards & Settlements in PA Case Name Amount Type of Action Court Attorneys Date 1. Mack Trucks Inc. v. UAW $525 million (settlement) Employment U.S. District Court, E.D. Pa. Thomas J. Bender and Robert C. Drake of Littler Mendelson; Andrew Nickelhoff and Marshall J. Widick of Sachs Waldman; William T. Josem of Cleary & Josem. 5/12/ United States v. Novartis Pharmaceuticals Corp. $422 million (settlement) Consumer Fraud, Whistleblower U.S. District Court, E.D. Pa. Assistant U.S. Attorneys Karen Marston, Frank Costello, Marilyn May, Jacqueline Romero and Paul Kaufman; Special Assistant U.S. Attorney Catherine Votaw; Department of Justice Office of Consumer Litigation Trial Attorney Patrick Jasperse; U.S. Department of Justice Civil Frauds Division Trial Attorney Jessica Champa; Karen F. Green of Wilmer Cutler Pickering Hale & Dorr; Evan R. Chesler of Cravath Swaine & Moore; Ronald H. Levine of Post & Schell. 9/30/ Allegheny Energy Supply Co. v. Wolf Run Mining Co. $104.1 million (verdict) Breach of Contract C.P. Allegheny Patricia Dodge, Andrew Noble and Russell J. Ober Jr. of Meyer Unkovic & Scott; Jeff A. Woods of Wyatt Tarrant & Combs; David G. Ries of Thorp Reed & Armstrong. 5/2/ Commonwealth of Pennsylvania v. Johnson & Johnson $51.85 million (verdict) Consumer Fraud Commonwealth Court Barry R. Eichen of Eichen Crutchlow & McElroy; Donald E. Haviland Jr. of Haviland Hughes. 12/7/ Estate of Torres v. Wachovia Bank, N.A. $46.16 million (verdict) Wrongful Death C.P. Berks Jay N. Abramowitch and Kenneth Millman of Leisawitz Heller Abramowitch Phillips. 11/16/ Commonwealth of Pennsylvania v. Bristol-Myers Squibb Company $27.6 million (verdict) Consumer Fraud Commonwealth Court Donald E. Haviland Jr. of Haviland Hughes; Barry R. Eichen of Eichen Crutchlow & McElroy; Mike Moore of SNR Denton; Steven M. Edwards of Hogan Lovells. 9/10/ Polett v. Public Communications Inc. $27.6 million (verdict) Negligent Supervision C.P. Philadelphia Carl E. Jones and Shanin Specter of Kline & Specter. 11/22/ Frederick v. Range Resources $22 million (settlement) Contract Dispute U.S. District Court, W.D. Pa. Joseph E. Altomare of Titusville, Pa.; David W. Hardymon and Anne E. Ralph of Vorys Sater Seymour & Pease; Daniel J. Sponseller of Sewickley, Pa.; Kevin C. Abbott of Reed Smith. 3/17/ Graham v. Townsend $21.6 million (verdict) Medical Malpractice C.P. Erie Shanin Specter, Robert Englert, Lisa Dagostino and Mark Polin of Kline & Specter; Steven J. Forry of Marshall Dennehey Warner Coleman & Goggin; David R. Johnson of Thomson Rhodes & Cowie. 4/20/ Campbell v. DeAngelis $21.4 million (verdict) Medical Malpractice C.P. Philadelphia Thomas J. Duffy and John Mirabella of Duffy & Partners; Charles A. Fitzpatrick III and William C. McGovern of Rawle & Henderson. 6/17/ Joseph v. Lakewood Engineering and Manufacturing Co. $18.28 million (settlement) Products Liability C.P. Philadelphia Daniel J. Mann, Alan M. Feldman and Daniel S. Weinstock of Feldman Shepherd Wohlgelerntner Tanner Weinstock & Dodig; James W. Ozog of Wiedner & McAuliffe; J. Michael Kunsch of Sweeney & Sheehan. 8/16/ Ferguson v. Horsehead Corp. $16.5 million (settlement) Industrial Accident C.P. Lehigh Robert J. Mongeluzzi, Andrew R. Duffy and Eunice Trevor of Saltz Mongeluzzi Barrett & Bendesky; Kenneth M. Dubrow of The Chartwell Law Offices. 8/20/ Patterson v. Travel for Teens $15 million (verdict) Wrongful Death C.P. Philadelphia Dominic C. Guerrini of Kline & Specter; Joseph M. Fioravanti of Media, Pa. 6/29/ Snyder v. Rex Energy $14 million (settlement) Breach of Contract C.P. Westmoreland David A. Borkovic of Jones Gregg Creehan & Gerace; Richard A. Finberg; James S. Lederach; Mark D. Feczko of K&L Gates. 7/14/ Mee v. Fabrizio $12 million (verdict) 16. Maya v. Johnson & Johnson $10 million (verdict) Motor Vehicle C.P. Philadelphia Thomas F. Sacchetta and Bruce H. MacKnight Jr. of Sacchetta & Baldino; Aaron Byrd-Leitner of Margolis Edelstein. Personal Injury C.P. Philadelphia Keith M. Jensen, Eric Roberson and Xavier Gonzalez of Jensen Belew & Gonzalez; Scott D. Levensten of the Levensten Law Firm; Christy D. Jones, Paul V. Cassisa Jr., Adam J. Spicer and Charles F. Morrow of Butler Snow O Mara Stevens & Cannada. 2/24/2011 5/20/2011 Source: As reported in The Legal Intelligencer and Pennsylvania Law Weekly, Aug. 1, 2010 to Aug. 1, Verdicts and Settlements not reported on by The Legal or its affiliates are not included. PaLAW

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11 Largest Awards & Settlements in PA Case Name Amount Type of Action Court Attorneys Date 17. Davenport v. McCluskey $9.65 million (verdict) False Diagnosis C.P. Philadelphia Matthew Casey and Roberta Golden of Ross Feller Casey; Thomas Savon of Naulty Scaricamazza & McDevitt. 4/4/ Savage v. Williamson Free School of Mechanical Trades $8.5 million (settlement) Personal Injury, Wrongful Death C.P. Philadelphia Thomas W. Sheridan of Sheridan & Murray; Thomas P. Bracaglia of Marshall Dennehey Warner Coleman & Goggin; Patrick C. Lamb of Marks O Neill O Brien & Courtney. 6/29/ Decker v. Consol Energy Inc. $7.8 million (verdict) Negligence C.P. Allegheny Carl A. Parise of Carl A. Parise & Associates; Timothy Conboy of Caroselli Beachler McTiernan & Conboy; John W. Brown of John W. Brown & Associates. 11/23/ Tate v. Messiah College $7.6 million (settlement) Premises Liability C.P. Philadelphia James Ronca of Anapol Schwartz. 11/1/ Fell v. Villalva-Martinez $6.8 million (verdict) Dram Shop C.P. Chester Dawson R. Muth of Goldberg Meanix & Muth; Michael T. Imms of Ryan Morton & Imms. 8/18/ Meshulam-Orem v. Interstate Building Maintenance Corp. $5.5 million (verdict) Premises Liability C.P. Philadelphia Michael O. Pansini and Steven M. Mezrow of Pansini & Mezrow; Walter H. Swayze III of Segal McCambridge Singer & Mahoney. 9/28/ O Neill and Erie Insurance Co. $5.5 million (settlement) Motor Vehicle Settled Prior to Suit James Beasley Jr. and Scott A. Bennett of The Beasley Firm. 2/17/ Reed v. Rhodes $5.35 million (verdict) Medical Malpractice, Negligent Treatment C.P. Delaware Jane B. Marton and Gary Solomon of Kornblau & Kornblau; Kevin H. Wright and Mary Grady Walsh of Kevin H. Wright & Associates. 9/29/ Rudovsky v. West Publishing $5.18 million (verdict) False Advertising U.S. District Court, E.D. Pa. Richard L. Bazelon, Matthew R. Skolnik and Noah H. Charlson of Bazelon Less & Feldman; Aaron M. Zeisler, James F. Rittinger and Matthew J. Borger of Satterlee Stephens Burke & Burke. 12/16/ Gelb v. Jeannes Hospital $5.17 million (verdict) Medical Malpractice C.P. Philadelphia Tom Kline, Regan S. Safier and Geary L. Yeisley of Kline & Specter; Peter Samson of White & Williams. 12/6/ Waldon v. SEPTA $5.15 million (verdict) Motor Vehicle C.P. Philadelphia Joe H. Tucker Jr. and Yvonne B. Montgomery of Tucker Law Group; Maureen Daley and Franklin Love of Rawle & Henderson; Paul Troy and Justin Bayer of Kane Pugh Knoell Troy & Kramer. 6/20/ Estate of Long v. Golofsky $5 million (verdict) Wrongful Death C.P. Allegheny David C. Martin Jr. of Martin & Lerda. 11/8/ Moore v. Comcast Corp. $5 million (settlement) ERISA U.S. District Court, E.D. Pa. Mark C. Rifkin of Wolf Haldenstein Adler Freeman & Herz; M. Norman Goldberger of Ballard Spahr. 2/1/ Tarca v. Norristown Ford $4.4 million (verdict) Personal Injury C.P. Montgomery Joe Mayers, John A. Anastasia and Christina Herrmann of Mayers Mennies & Sherr; Elizabeth F. Walker of Kennedy Campbell Lipski & Dochney; Fred B. Buck of Rawle & Henderson. 5/31/ Rosypal v. The Thompson Organization $4.2 million (verdict) Personal Injury C.P. Philadelphia Roberta D. Pichini and Andrew Mitnick of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig; Lisa Bellino Apelian of Kennedy Campbell Lipski & Dochney. 1/21/ Conlon v. Trans National Trucking $3.5 million (verdict) Wrongful Death, Survival U.S. District Court, E.D. Pa. David Colleran of The Colleran Firm; Marc F. Ullom of Rawle & Henderson. 6/30/ Butler v. Urban Brands Inc. $3.25 million (settlement) Negligence C.P. Montgomery Harry A. Dorian Jr. of Dorian Goldstein Wisniewski & Orchinik; Guy Mercogliano of Sweeney & Sheehan. 12/10/ Sedor v. Community Medical Center $3.25 million (verdict) Negligence C.P. Lackawanna Danielle M. Mulcahey, George A. Reihner and Joseph T. Wright Jr. of Wright & Reihner; Richard Hodges, Scranton. 10/8/2010 Source: As reported in The Legal Intelligencer and Pennsylvania Law Weekly, Aug. 1, 2010 to Aug. 1, Verdicts and Settlements not reported on by The Legal or its affiliates are not included. PaLAW

12 Largest Awards & Settlements in PA Case Name Amount Type of Action Court Attorneys Date 35. Murphy v. Oxford Airport Technical Services Inc. $3.2 million (verdict) Personal Injury C.P. Philadelphia Michael O. Pansini and Steven M. Mezrow of Pansini & Mezrow; Adrian J. Gordon of Wilson Elser Moskowitz Edelman & Dicker. 3/5/ Delandro v. County of Allegheny $3 million (settlement) Civil Rights U.S. District Court, W.D. Pa. D. Aaron Rihn of Robert Peirce & Associates; Gary E. Mason, Nicholas A. Migliaccio and Alexander E. Barnett of The Mason Law Firm; Elmer Robert Keach III; Daniel C. Levin of Levin Fishbein Sedran & Berman; Michael H. Wojcik and Craig Maravich of the Allegheny County Law Department. 9/15/ Schwartz v. Garvey Roark Inc. $3 million (verdict) Construction Accident C.P. Philadelphia Jason L. Brodsky and Evan Smith of Brodsky & Smith; Robert Billet and Christopher D. Hillsley of Billet & Associates. 1/21/ Vonner v. Mmeje $3 million (verdict) Medical Malpractice, Childbirth C.P. Philadelphia Joshua Van Naarden of Ross Feller Casey; James A. Young of Christie Pabarue Mortensen & Young. 10/21/ Turner v. Mercy Health System and Vanston v. Maxis Health System $2.75 million (settlement) Class Action C.P. Philadelphia Larry J. Rappoport of Stevens & Lee; Peter Winebrake, R. Andrew Santillo and Mark J. Gottesfeld of the Winebrake Law Firm; Patrick Howard of Saltz Mongeluzzi Barrett & Bendesky; Wayne A. Ely and David J. Cohen of Kolman Ely. 40. Baird v. Freeport Transport Industries Inc. $2.35 million (settlement) Premises Liability, Slip and Fall C.P. Philadelphia Kenneth F. Fulginiti and Thomas Duffy of Duffy & Partners; L. John Argento of Swartz Campbell. 6/27/ McHale v. Pocono Produce Co. Inc. $2.2 million (settlement) Personal Injury C.P. Philadelphia Michael O. Pansini and Steven M. Mezrow of Pansini & Mezrow; Joseph P. Crane and William Foster of Law Offices of David T. Latoff. 4/12/ Hatwood v. Trustees of the Hospital of the University of Pennsylvania $2.15 million (verdict) Brain Injury C.P. Philadelphia Richard J. Heleniak of Messa & Associates; James A. Young and Samantha L. Conway of Christie Pabarue Mortensen & Young. 2/15/ Whitehead v. Vacation Charters Ltd. $2.03 million (judicial finding) Class Action, Wage Payment C.P. Philadelphia Mark A. Kearney, Timothy T. Myers and Aimee L. Kumer of Elliott Greenleaf & Siedzikowski; Steven G. Leventhal of Reger Rizzo & Darnall. 4/29/ Shatemirov v. Weber $1.87 million (verdict) Medical Malpractice C.P. Philadelphia Andy S. Youman of Kline & Specter; Michael McGilvery of Young & McGilvery. 5/24/ Reliant Healthcare Management Inc. v. Ashton Hall Inc. $1.83 million (verdict) Breach of Contract, Conspiracy C.P. Philadelphia Mark L. Rhoades and Amy L. Blackmore of Mitts Milavec; Christopher J. Fox of Richman Berenbaum & Associates. 8/16/ Wees v. Ocampo $1.82 million (verdict) Medical Malpractice C.P. Erie Joshua L. Berger and David Paul of Berger & Lagnese; Tyler Smith of Pietragallo Gordon Alfano Bosick & Raspanti; David McQuiston of Thomson Rhodes & Cowie; Gary Bax of Murphy Taylor. 4/21/ Thatcher v. Smith $1.8 million (settlement) Medical Malpractice C.P. Lehigh Tom Kline and David K. Inscho of Kline & Specter; Richard W. Yost of Yost & Tretta; Charles J. Fonzone of Fonzone & Ashley; Jeffrey P. Bates of Marshall Dennehey Warner Coleman & Goggin; Suzanne M. Bachovin of Christie Pabarue Mortensen & Young; James W. Kraus of Pietragallo Gordon Alfano Bosick & Raspanti. 1/31/ Cox v. Barry $1.78 million (verdict) Negligence C.P. Philadelphia Thomas J. Duffy of Duffy & Partners; James W. Christie of Christie Pabarue Mortensen & Young; Daniel J. Sherry of Marshall Dennehey Warner Coleman & Goggin. 9/1/ Johnson v. Diamond Tool & Fastener Inc. $1.75 million (verdict) Negligence C.P. Philadelphia Richard A. Wolfe and Marc A. Weinberg of Saffren & Weinberg; Christopher J. Cosgrove of Law Offices of William J. Ferren & Associates. 4/28/2011 Source: As reported in The Legal Intelligencer and Pennsylvania Law Weekly, Aug. 1, 2010 to Aug. 1, Verdicts and Settlements not reported on by The Legal or its affiliates are not included. 12 PaLAW 2011

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14 Most Requested Opinions Case Name PICS No. Court Date Judge Holding 1. Cochran v. Wyeth Pa. Superior July 27, 2010 Allen In this failure to warn case, the Superior Court held that plaintiff-appellant could not prove proximate causation because the non-disclosed risk did not materialize in physical injury. The Superior Court affirmed the trial court s grant of summary judgment in favor of Wyeth Inc. 2. Ownes v. Wyeth Pa. Superior July 26, 2010 Memorandum In Pennsylvania, a drug manufacturer does not have a duty to withdraw or recall a prescription drug from the market. Accordingly, appellant s failure to withdraw claim lacked merit. Appellants appealed from the trial court s order granting summary judgment in favor of Wyeth. The Superior Court affirmed. 3. Lance v. Wyeth Pa. Superior Aug. 2, 2010 Allen Appellant appealed from the trial court s order granting summary judgment in favor of Wyeth, concluding that appellant failed to present a cognizable claim under Pennsylvania law. The Superior Court affirmed in part and reversed in part. 4. Eckman v. Erie Insurance Exchange 5. McKinney v. Phila. Housing Authority 6. Betts v. New Castle Youth Development Center 7. Barrick v. Holy Spirit Hospital 8. Jenkins v. Marina District Development Co. 9. Taylor v. LA Fitness International 10. McMillen v. Hummingbird Speedway Inc. 11. Glushefski v. Sadowski 12. Commonwealth Financial Systems v. Hartzell C.P. Montgomery Aug. 6, 2010 Albright Plaintiffs claimed a conflict of interest existed for the attorney selected by their insurer to defend an underlying tort and therefore plaintiffs should be entitled to select and have insurer pay for independent counsel. The trial court denied the motion Pa. Commonwealth Aug. 25, 2010 Schiller The court held that while the 2006 version of Pennsylvania s Uniform Construction Code adopted pursuant to the PCCA violated the Pennsylvania constitution, the 2009 version did not, under the General Assembly s valid delegation of rulemaking authority rd Circuit Sept. 13, 2010 Hardiman An adjudicated delinquent youth suffered a severe spinal cord injury from playing tackle football without protective equipment while housed at a youth development center. The 3rd Circuit affirmed the district court s summary judgment in favor of defendants, finding immunity for defendants in their official capacities and no violation of the Eighth or Fourteenth Amendments in their individual capacities Pa. Superior Sept. 16, 2010 Olson The Superior Court affirmed the trial court s order directing the discovery and production of correspondence between appellant s counsel and appellant s treating physician and designated expert witness at trial. In this case of first impression, the court adopted a bright-line rule that attorney work-product must yield to the disclosure of the basis of a testifying expert s opinion C.P. Philadelphia Aug. 23, 2010 Tereshko Pennsylvania courts did not have personal jurisdiction because appellant failed to show contacts between appellee and the state of Pennsylvania, which would have made appellee reasonably aware it could be hauled into court in Pennsylvania. If personal jurisdiction existed, appellant did not establish that Philadelphia was the proper venue. The court requested that its order granting appellee s preliminary objections and dismissing appellant s amended complaint be affirmed C.P. Philadelphia Aug. 30, 2010 Younge Defendants exculpatory clauses complied with Pennsylvania law, therefore, the court enforced the clauses and granted defendants motion for summary judgment dismissing plaintiff s personal injury action C.P. Jefferson Sept. 9, 2010 Foradora Where a person s social network sites may contain information relevant to the prosecution or defense of a lawsuit and in consideration of the law s general disapproval of privileges, access to those sites should be freely granted C.P. Luzerne Oct. 1, 2010 Van Jura While plaintiffs were entitled to explore the potential basis of defendant s medical expert as a possible professional witness, their discovery requests seeking information about other examinations and depositions were unreasonably burdensome. Motion to compel discovery granted in part; denied in part C.P. Lawrence Oct. 19, 2010 Cox In a case involving default on credit card debt, defendant s preliminary objection for failure to state whether the agreement was oral or written was overruled and the preliminary objection for failure to attach adequate documentation of the agreement, the assignment of the account and lack of specificity was sustained. Plaintiff s amended complaint was stricken. Source: Pennsylvania Instant Case Service Statistics, Aug. 1, 2010 July 31, ed by number of times requested. 14 PaLAW 2011

15 Most Requested Opinions Case Name PICS No. Court Date Judge Holding 13. Fledderman v. Glunk Pa. Superior Nov. 17, 2010 Bowes Court upholds a $20 million award, including $15 million in punitive damages, given by a Philadelphia jury that found a plastic surgeon and a nurse anesthetist liable for an 18-year-old college student s death after an elective liposuction procedure. 14. Schultz v. Erie Indemnity Co. 15. Grigos v. Certain Underwriters at Lloyd s London 16. Kirschner v. K&L Gates LLP 17. Alston v. Commowealth of Pennsylvania 18. Wisniski v. American Commerce Group 19. TL Ventures III Management v. Fabbio 20. Beil v. Telesis Construction Inc. 21. Portside Investors LV v. Northern Insurance Co. of New York 22. Sparrow v. Pace/CM Inc. 23. Touchette v. Weis Markets Inc. 24. Blumer v. Ford Motor Co. 25. Dailey-Console v. Barnwell C.P. Fayette July 22, 2010 Leskinen The court denied the defendant insurance carrier s motion for summary judgment since there could be support at trial for the allegation that the household exclusion within plaintiff s single vehicle insurance policy violates the Pennsylvania Motor Vehicle Financial Responsibility Law. Defendant s motion for summary judgment denied C.P. Philadelphia Dec. 15, 2010 Bernstein The defendant insurer was liable for statutory bad faith conduct where it knowingly misrepresented its insurance policy to plaintiff and intentionally delayed the resolution of plaintiff s fire loss claims. Summary judgment for plaintiff C.P. Allegheny Dec. 28, 2010 Wettick The court dismissed the plaintiff bankruptcy trustee s legal malpractice claim against the defendant law firm in the absence of any obligations owed to the now bankrupt corporation and the absence of any losses under the deepening insolvency theory. Preliminary objections granted C.P. Philadelphia Dec. 13, 2010 Levin The court ruled that a five-eighths inch defect in a sidewalk was trivial as a matter of law. The court said its entry of compulsory non-suit was proper based on the evidence presented W.D. Pa. Jan. 4, 2011 Cohill Plaintiff was entitled to summary judgment on her claim that defendant acted in bad faith in handling her uninsured motorist claim where defendant misrepresented the limit of plaintiff s policy and refused to arbitrate in contradiction to the terms of the policy. Summary judgment for plaintiff in part and defendant in part C.P. Philadelphia Jan. 10, 2011 Bernstein Where each of respondents challenges to an arbitration award alleged a mistake of fact or error of law, i.e., the types of errors that may not be reviewed under the applicable standard of review, the court granted the petition to confirm the arbitration award Pa. Supreme Jan. 19, 2011 Todd In this case involving the liability of an independent contractor, the owner exercised certain authority regarding safety and regulated access to and use of certain areas of the premises, but this was not the type of conduct that constituted control as contemplated by the Restatement (Second) of Torts and there was not sufficient control asserted to subject the owner to liability. Judgment notwithstanding the verdict affirmed C.P Philadelphia Jan. 13, 2011 Bernstein Plaintiff s expert was not qualified to render an opinion on any relevant issue presented to the jury for determination and had no factual basis for the opinions rendered. The jury had no evidentiary basis upon which to render their verdict. The verdict should be reversed and a new trial ordered C.P. Lackawanna Feb. 7, 2011 Nealon Because the single entity theory is not cognizable in Pennsylvania, plaintiff s claims for breach of contract, unjust enrichment and a violation of the Contractor and Subcontractor Payment Act were dismissed; the gist of the action doctrine barred tortious interference with contract claims and punitive damages claims were dismissed. Plaintiff s allegations were sufficiently specific and the writing in defendants possession did not need to be attached. Defendants preliminary objections sustained in part and overruled in part C.P. Monroe March 3, 2011 Worthington Plaintiff assumed the risk of her injury when she knowingly and voluntarily walked over the snow and ice Pa. Superior May 6, 2011 Allen The trial court did not err in admitting reports of prior similar incidents and design changes made prior to the accident at issue and finding that appellants did not preserve their hearsay objection to the reports. Judgment in favor of appellees affirmed C.P. Monroe May 18, 2011 Zulick The release pursuant to the settlement of this personal injury action was silent regarding the releasor s obligation to obtain clearance from Medicare, but this did not pose an obstacle to enforcement of the release. Plaintiffs request for disbursement of settlement funds was granted. Source: Pennsylvania Instant Case Service Statistics, Aug. 1, 2010 July 31, ed by number of times requested. PaLAW

16 National Statistics How PA Law Firms Compare To Firms Nationwide (2010 Data) Category PA Law Firms General Practice Law Firms Nationally Firm Data (weighted average per lawyer) Gross Receipts $469,603 $445,988 Overhead (excluding all lawyer compensation) $159,163 $165,381 Firm Income (including all lawyer compensation) $310,440 $280,607 Debt at Year-End $86,455 $63,398 Partner Permanent Cash Basis Capital at Year-End $28,277 $15,561 Value of Unbilled Time at Year-End $85,544 $102,965 Value of Fees Receivable at Year-End $64,121 $84,048 Partner Billable Hours 1,672 1,612 Associate Billable Hours 1,851 1,787 Partner Billing Rates (1/1/10) 6 to 10 Years Experience $335 $ to 20 Years Experience $330 $335 Over 20 Years Experience $400 $375 Lawyer Data (median 50th percentile) Associate Billing Rates (1/1/10) Partner Compensation Under 2 Years Experience $175 $198 2 to 5 Years Experience $240 $235 6 to 10 Years Experience $240 $265 Over 10 Years Experience $250 $275 6 to 10 Years Experience $221,575 $198, to 20 Years Experience $254,417 $262,712 Over 20 Years Experience $355,150 $330,204 Associate Compensation Under 2 Years Experience $113,099 2 to 5 Years Experience $134,108 $131,245 6 to 10 Years Experience $153,248 $149,295 Over 10 Years Experience $137,820 $146,489 Source: Survey of Law Firm Economics, 2011 Edition published by The National Law Journal and ALM Legal Intelligence 16 PaLAW 2011

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18 County-by-County Statistics Pennsylvania Attorney-to-Population Ratio Erie 1/517 Crawford 1/763 Mercer 1/739 Lawrence 1/678 Beaver 1/829 Washington 1/420 Greene 1/1,226 Butler 1/577 Allegheny 1/142 Venango 1/809 Fayette 1/957 Clarion 1/1,039 Armstrong 1/1,444 Warren 1/1,195 Westmoreland 1/530 Forest 1/2,258 Elk 1/1,143 Jefferson 1/827 Indiana 1/983 Somerset 1/999 Cambria 1/646 McKean 1/1,108 Clearfield 1/1,029 Bedford 1/2,066 Cameron 1/1,290 Blair 1/689 Fulton 1/2,122 Potter 1/836 Centre 1/560 Huntingdon 1/1,376 Clinton 1/1,082 Mifflin 1/1,392 Franklin 1/986 Tioga 1/889 Juniata 1/1,156 Perry 1/929 Cumberland 1/270 Lycoming 1/543 Adams 1/1,112 Union 1/792 Snyder 1/1,376 Montour 1/492 Bradford 1/955 1/1,015 Northumberland Dauphin 1/111 York 1/709 Sullivan 1/1,023 Columbia 1/1,085 Lebanon 1/853 Schuylkill 1/778 Lancaster 1/602 Susquehanna 1/1,129 Wyoming 1/927 Lackawanna 1/282 Luzerne 1/439 Berks 1/570 Carbon 1/968 Wayne 1/842 Monroe 1/819 Northampton Lehigh 1/540 1/451 Chester 1/204 Delaware 1/208 Bucks 1/345 Montgomery 1/149 Pike 1/1,026 Philadelphia 1/123 Sources: Disciplinary Board of the Supreme Court of Pennsylvania, 2011 Data; U.S. Census Bureau, 2009 Estimates 18 PaLAW 2011

19 County-by-County Statistics Where Lawyers Are (Legal Establishments/Active Lawyer Licenses) Erie 92/542 Crawford 35/116 Mercer 40/157 Lawrence 42/133 Beaver 58/207 Washington 85/494 Greene 13/32 Butler 63/320 Allegheny 761/8,562 Venango 22/67 Fayette 44/149 Clarion 10/38 Armstrong 23/47 Warren 16/34 Westmoreland 147/683 Forest 0/3 Elk 12/28 Jefferson 16/54 Indiana 32/89 Somerset 28/77 Cambria 55/223 McKean 18/39 Clearfield 35/80 Bedford 10/24 Cameron 2/4 Blair 63/183 Fulton 3/7 Potter 8/20 Centre 44/261 Huntingdon 14/33 Clinton 10/25 Mifflin 14/33 Franklin 44/147 Tioga 17/46 Juniata 6/20 Perry 14/49 Snyder 9/28 Cumberland 118/860 Lycoming 47/215 Adams 20/92 Union 18/55 Montour 5/36 Bradford 28/64 30/90 Northumberland Dauphin 199/2,342 York 119/605 Sullivan 3/6 Columbia 17/60 Lebanon 25/153 Schuylkill 48/189 Lancaster 134/844 Susquehanna 13/36 Wyoming 12/30 Lackawanna 177/741 Luzerne 190/712 Berks 124/714 Carbon 27/66 Wayne 28/61 Monroe 61/203 Northampton Lehigh 137/ /761 Chester 229/2,441 Delaware 341/2,684 Bucks 290/1,814 Montgomery 568/5,244 Pike 13/59 Philadelphia 1,073/12,603 Sources: Disciplinary Board of the Supreme Court of Pennsylvania, 2011 Data; U.S. Census Bureau, 2009 Estimates PaLAW

20 Largest Public Law Firms in PA Organization No. of Attorneys Growth Chief Legal Officer, Title Year Took Office Jurisdiction 1. Office of General Counsel Stephen S. Aichele, General Counsel 2011 State 2. Philadelphia District Attorney s Office R. Seth Williams, District Attorney 2010 County 3. Defender Association of Philadelphia Ellen T. Greenlee, Defender 1990 State 4. Office of the Attorney General Linda L. Kelly, Attorney General 2011 State 5. City of Philadelphia Law Department Shelley R. Smith, City Solicitor 2008 City 6. U.S. Attorney s Office Eastern District of Pennsylvania* 129 N/A Zane D. Memeger, U.S. Attorney 2010 Federal 7. Allegheny County District Attorney s Office Stephen A. Zappala Jr., District Attorney 1998 County 8. U.S. Environmental Protection Agency 89 0 Marcia Mulkey, Regional Counsel 2009 Federal 9. Allegheny County Public Defender s Office 83 0 Michael J. Machen, Chief Public Defender 2004 County 10. Department of Environmental Protection 68 2 David J. Raphael, Chief Counsel 2011 State 11. Department of State 60-3 Steven V. Turner, Chief Counsel 2009 State 12. Department of Labor & Industry 55-1 Arthur McNulty, Chief Counsel 2011 State 13. Delaware County District Attorney s Office 53 3 G. Michael Green, District Attorney 2004 County 14. Delaware County Public Defender s Office 51-4 Spiros E. Angelos, Chief Public Defender 2004 County 15. U.S. Attorney s Office Western District of Pennsylvania* 49 N/A David J. Hickton, U.S. Attorney 2010 Federal 16. Department of Transportation 45-4 Andrew S. Gordon, Chief Counsel 1995 State 16. Montgomery County District Attorney s Office 45 0 Risa Vetri Ferman, District Attorney 2008 County 18. Chester County District Attorney s Office 40 2 Joseph W. Carroll, District Attorney 2002 County 19. Bucks County District Attorney s Office 38 6 David W. Heckler, District Attorney 2010 County 19. Montgomery County Public Defender s Office 38 0 Stephen Heckman, Chief Public Defender 2008 County 21. U.S. Attorney s Office Middle District of Pennsylvania* 37 N/A Peter J. Smith, U.S. Attorney 2010 Federal 22. Department of Public Welfare 35 0 Open Position, N/A N/A State 23. Berks County District Attorney s Office 33 1 John T. Adams, District Attorney 2008 County 24. Public Defender of Chester County 31 0 John R. Merrick, Public Defender 1972 County 25. Southeastern Pennsylvania Transportation Authority 30 0 Nicholas J. Staffieri, General Counsel 2000 State 26. Lancaster County District Attorney s Office 26-3 Craig Stedman, District Attorney 2008 County 26. Luzerne County District Attorney s Office 26-4 Jacqueline Musto Carroll, District Attorney 2008 County 28. Dauphin County District Attorney s Office 25 0 Edward M. Marsico Jr., District Attorney 2000 County 28. Lehigh County District Attorney s Office 25 0 James B. Martin, District Attorney 1998 County 30. Lackawanna County District Attorney s Office 24 0 Andrew J. Jarbola III, District Attorney 2000 County 31. Luzerne County Public Defender s Office 22 1 Al Flora Jr., Chief Public Defender 2010 County 31. Westmoreland County District Attorney s Office 22 0 John W. Peck, District Attorney 1994 County 33. Northampton County District Attorney s Office 21 0 John M. Morganelli, District Attorney 1992 County 33. Office of Bucks County Public Defender 21 0 Christina A. King, Chief Public Defender 2011 County 35. Department of Corrections 20-2 Suzanne Hueston, Chief Counsel 2006 State 36. Erie County Public Defender s Office 19 0 Patricia J. Kennedy, Chief Public Defender 2011 County 36. Lehigh County Public Defender s Office 19 0 Christian Perrucci, Chief Public Defender 2010 County 38. City of Pittsburgh Law Department 17 3 Daniel D. Regan, City Solicitor 2010 City 38. Office of Northampton County Public Defender 17 0 Michael F. Corriere, Public Defender 2006 County 40. Department of Revenue 16-3 David R. Kraus, Chief Counsel 2011 State 41. Department of General Services 15-1 Michael F. Eichert, Chief Counsel 2007 State 41. Erie County District Attorney s Office 15 0 Jack Daneri, District Attorney 2009 County 41. Pennsylvania State Police 15-1 Barbara L. Christie, Chief Counsel 1996 State 44. Department of Education 14-2 Joseph M. Miller, Chief Counsel 2011 State 44. Westmoreland County Public Defender s Office 14 1 Dante G. Bertani, Chief Public Defender 1969 County 46. Department of Community & Economic Development 11-2 Steven J. Fishman, Chief Counsel 2005 State 46. Department of Health 11-3 Alison Taylor, Chief Counsel 2011 State 46. Department of Insurance 11-3 Yen T. Lucas, Chief Counsel 2011 State 49. State Employees Retirement System 8-2 Samuel S. Yun, Acting Chief Counsel 2008 State State agencies that report to Office of General Counsel and are included in that office s total * U.S. Attorney s Offices growth N/A because they are new to the list. 20 PaLAW 2011

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