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SBA Issues Clarification on PPP Loan Necessity Certification and Extension of “Safe Harbor” Period

May 14, 2020

As discussed in our previous alert, the Small Business Administration (“SBA”) previously extended by seven days – to May 14…

SBA’s Extended “Safe Harbor” Is About to Close for PPP Borrowers Without Economic Need

May 11, 2020

The Small Business Administration (“SBA”) has extended by seven days – to May 14 – the “safe harbor” period during…

Michael B. Hayes Elected President of Homeless Advocacy Project’s Board of Directors

January 28, 2020

PHILADELPHIA, PA – Montgomery McCracken is pleased to announce Michael Hayes was elected to serve as President of the Homeless…

Pennsylvania Supreme Court Holds PA Employers Have an Affirmative Duty to Protect Employee Data

November 28, 2018


By Michael B. Hayes and Kelly K. Huff

As the calendar year begins to wind down, employers across the Commonwealth need to perk up.  On November 21, 2018,…

21 Montgomery McCracken Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

May 18, 2018

Montgomery McCracken is pleased to announce that 21 of the firm’s attorneys have been selected to the 2018 Pennsylvania Super…

21 Montgomery McCracken Attorneys Selected to the 2017 Pennsylvania Super Lawyers List

May 12, 2017

Montgomery McCracken is pleased to announce that 21 of the firm’s attorneys have been selected to the 2017 Pennsylvania Super…

What Do Pa. Lawyers Get in Trouble for the Most?

April 25, 2017

The Legal Intelligencer
By P.J. D'Annunzio

Over the past decade, lawyers in Pennsylvania have gotten into trouble with the state’s disciplinary board for offenses spanning from ripping off clients and…

FTC Tips Data Security Hand In Wyndham Pact

December 10, 2015

Law360
By Allison Grande

The Federal Trade Commission in its data security settlement with Wyndham endorsed a popular standard for securing payment card data…

Wiretap Act Charges Against Lawyers a ‘Wake-Up Call’?

July 29, 2015

The Legal Intelligencer
By Max Mitchell

Pennsylvania Attorney General Kathleen Kane’s charging of two attorneys over alleged violations of the Wiretap Act on Monday could be…

Internal Investigations—Perspectives, Immediate Steps, the Long Haul

April 20, 2015


By Kristin Casler

Featuring Matthew Boxer of Lowenstein Sandler LLP, Michael Hayes of Montgomery McCracken Walker & Rhoads LLP, Annemarie McAvoy of Ernst…

Labaton Row A Reality Check On Lawyer Donations

April 1, 2015

Law360
By Gavin Broady

CVS Caremark Corp.’s recent bid to derail a securities class action over claims the municipalities leading the suit were influenced…

Are Judicial Rules Strict Enough on Ex Parte Contact?

March 13, 2015

The Legal Intelligencer
By P.J. D'Annunzio

In the wake of the state’s Judicial Conduct Board filing charges against three Philadelphia Municipal Court judges over their alleged…

5 Ways to Avoid the Hidden Ethical Dangers of Client Gifts

February 23, 2015

Law360
By Gavin Broady

Law360, New York (February 23, 2015, 5:14 PM ET) — Not all lawyers are lucky enough to have clients like…

Bar Character Test Seen As Vital Despite Flaws

January 20, 2015

Law360
By Gavin Broady

Questions about whether a history of misbehavior can accurately predict future problems have touched off a debate over whether bar…

Lawyer Sanctioned $1M Over Smoking Reference

November 6, 2014

The Legal Intelligencer
By P.J. D'Annunzio

Defense attorney Nancy Raynor has been sanctioned for close to $1 million for allowing a defense expert to make a…

Local Lawyers Take a Break From Practice to Join JAG Corps

August 25, 2014

The Legal Intelligencer
By Ben Seal

Practicing at a private law firm can be plenty stressful, and the demands placed on lawyers are often exhausting, but…

Montgomery McCracken Partner Michael B. Hayes Commissioned As First Lieutenant in U.S. Army Reserves As Judge Advocate General’s Corps Officer

July 29, 2014

PHILADELPHIA–Montgomery McCracken is pleased to announce that partner Michael B. Hayes recently received a direct commissioned officer appointment as a…

Delaware General Corporation Law Amended to Provide (1) New Procedure for Curing Defective Corporate Acts and (2) Related Proceedings in Court of Chancery

March 24, 2014

Effective April 1, 2014, newly-enacted Delaware General Corporation Law (“DGCL”) Sections 204 and 205 will provide a statutory process by…

Montgomery McCracken Negotiates Settlement Agreement for Client Chunk Bike Polo in Trademark Dispute with Ralph Lauren Corp.

February 6, 2014

PHILADELPHIA–Montgomery McCracken of counsel Matthew A. Kelly, III, with assistance from partner Michael B. Hayes, assisted client, UK-based FreshSide Ltd.,…

Montgomery McCracken Team Participates in 33rd Annual Bike MS: City to Shore Ride; Raises $5500

October 7, 2013

PHILADELPHIA and CHERRY HILL, NJ-Montgomery McCracken is pleased to announce that it participated in the 2013 Bike MS: City to…

Is the Disciplinary Board Too Soft on Sexual Misconduct?

September 17, 2013

The Legal Intelligencer
By P.J. D'Annunzio

In two recent cases of sexual misconduct lawyers, the Disciplinary Board of the state Supreme Court issued suspensions of relatively…

Year Suspension For Lawyer Who Took Oral Sex As ‘Fee’

July 26, 2013

The Legal Intelligencer
By Zack Needles

The state Supreme Court has issued a one-year suspension to a Bucks County attorney who agreed to represent a female…

Delaware Court of Chancery Upholds Facial Validity of Board-Adopted Delaware Forum Selection Clauses Contained in Bylaws

July 11, 2013

The Delaware Court of Chancery recently upheld the validity of bylaw amendments adopted without shareholder approval requiring that suits pertaining…

Product Labeling, Reason for New Litigation Tsunami

January 14, 2013

Kristen Polovoy, Julie Chelius and Michael Hayes presented a CLE that focused on strategies for preparing and defending consumer class…

Big food industry, taking over where tobacco left off

November 9, 2012

Advertising and labeling claims set the stage for uptick in class actions Kristen E. Polovoy and Michael Hayes, attorneys with…

Michael B. Hayes Receives Pro Bono Publico Award

October 25, 2012

The judges of the First Judicial District of Pennsylvania awarded Montgomery McCracken partner Michael B. Hayes the 2012 Pro Bono…

Jumping on the Media Bandwagon: Unsafe at Any Speed?

February 3, 2012

The Legal Intelligencer

The commonwealth of Pennsylvania might never see a more explosive legal drama than the prosecution of former Penn State assistant…

The Case for Meaningful, Rule-Based Guidance on E-Discovery Matters

January 31, 2012

The Legal Intelligencer

Electronic discovery can be extremely complex, expensive and time-consuming. Worse still, the process is fraught with many perils, especially for…

Protecting Sensitive Client Information, Subject of Strafford Publications Webinar

January 6, 2012

Montgomery McCracken partners Michael Hayes and Lathrop Nelson, presenters Montgomery, McCracken, Walker & Rhoads, LLP partners Michael B. Hayes and…

A Holiday Gift: An Ethical Culture for Your Firm and Clients

December 20, 2011

The Legal Intelligencer

The holidays are a time for celebration, reflection and resolution. As lawyers who represent lawyers and other professionals, we’ve been…

E-Discovery – Experience and Capabilities

December 1, 2011

Montgomery McCracken’s E- Discovery Practice Group has the knowledge, expertise, and experience necessary to provide comprehensive consultative services and conduct…

Montgomery McCracken’s Approach to Electronic Discovery

December 1, 2011

Montgomery McCracken considers electronic discovery to be a dynamic, collaborative process that requires thorough planning, oversight, execution, and full transparency…

Court: Public Discussions Don’t Cause Attorney-Client Privilege Waiver

July 1, 2011

The Legal Intelligencer

In these days of discovery requests that can require the production of millions of pages of documents and electronic communications…

A Day to Celebrate Trees

April 30, 2011

Exelon, the Philly Bar Association and Montgomery McCracken Marshal Volunteers for Tree-planting Project on Arbor Day’s 135th Anniversary Philadelphia, PA_May…

Play Ball! Resolving Potential Conflicts in U.S. v. Clemens

February 18, 2011

The Legal Intelligencer

The snow is melting, the seed catalogs are arriving, and all eyes are turning to Spring Training in Florida! Some…

Indictment Raises Questions About Proper Role of In-House Counsel

December 17, 2010

The Legal Intelligencer

On Nov. 9, a federal grand jury in Maryland handed up an indictment charging Lauren Stevens, a retired GlaxoSmithKline (GSK)…

Managing Electronic Discovery from Start to Finish – Maximizing Efficiency and Utility while Minimizing Risk

October 21, 2010

It goes without saying that managing electronic discovery can be a very time-consuming and cost-intensive proposition. There are many ways,…

Defending Yourself: How Far Can a Criminal Defense Lawyer Go?

October 1, 2010

The Legal Intelligencer

It’s October and while we miss the summer, we’re enjoying the turn of the seasons. The blistering heat has abated…

3rd Circuit Tests No-Contact Rule Under McDade Amendment

September 3, 2010

The Legal Intelligencer

In October 1998, Congress passed the McDade Amendment, which provides that attorneys employed by the federal government are subject to…

With Liberty and Justice for All: Lawyers Who Defend Constitution Deserve Our Support and Protection

July 2, 2010

The Legal Intelligencer

As lawyers, we know that we have a duty to zealously represent our clients within the bounds of the law….

Risk Management and E-Discovery: Qualcomm Review

May 7, 2010

The Legal Intelligencer

Almost three years ago, we wrote about the tension between a lawyer’s defense of his own professional conduct and his…

Does the First Amendment Provide a Limit on the Duty of Loyalty?

April 2, 2010

The Legal Intelligencer

We all know that lawyers owe ongoing duties of loyalty and confidentiality to former clients, but how far do those…

Just in Time for Valentine’s Day, a Love Letter to the Law

February 5, 2010

The Legal Intelligencer

The Christmas tree is mulched, the latkes have been eaten and holidays are behind us. (Sigh of relief!) But now…

When The Company Pays the Fees: N.J. Puts Some ‘Meat on the Bones’

January 8, 2010

One of the trends that we see developing in the new decade is a significant rise in corporate investigations by…

Regulation of Lawyers: Is the FTC’s Red Flags Rule an Omen?

November 6, 2009

The Legal Intelligencer

One of the professional responsibility trends, we’ve been thinking about lately is the nationalization and even globalization, of the practice…

Joint Defense Privilege: Sharing Is The Law, But Do You Get To Keep The Privilege?

October 2, 2009

The Legal Intelligencer

It is no great secret that we are ardent defenders of the attorney-client privilege. In our view, the continued development…

A Special Responsibility for the Quality of Justice

September 4, 2009

The Legal Intelligencer

It’s hard for us to keep up on the news during the summer with so many distractions: the shore, the…

New Rules for Lawyers Returning From Inactive Status

August 7, 2009

The Legal Intelligencer

By an order dated April 16, the Pennsylvania Supreme Court enacted amendments to the Rules of Disciplinary Enforcement affecting the…

Who Judges the Judges?

June 12, 2009

The Legal Intelligencer

Two Luzerne County Common Please Court judges pleaded guilty to federal offenses. A U.S. district court judge in Texas pleaded…

Hanging out a Shingle? Follow the Rules to a Good Start

May 1, 2009

The Legal Intelligencer

We’ve read so many articles lately starting with the phase “in these tough economic times” that we are loath to…

When Clients Conduct E-Discovery, Can You Use What They Find?

April 3, 2009

Source: The Legal Intelligencer

E-mail has made it easier to communicate with more people, more quickly and more informally that ever before.   We find…

When Clients Conduct E-Discovery, Can You Use What They Find?

April 3, 2009

The Legal Intelligencer

E-mail has made it easier to communicate with more people, more quickly and more informally that ever before.   We find…

A Column for Tough Economic Times: What the Rules Say About Getting Paid

March 6, 2009

The Legal Intelligencer

The economy is getting worse by the day, but you don’t need us to tell you that. Your growing list…

MONTGOMERY MCCRACKEN ELECTS NEW PARTNERS FOR 2009

March 2, 2009

Montgomery McCracken today announced that the firm has named Ellen C. Brotman, Gregory J. Hauck, Michael B. Hayes, and Joyce…

Exit Strategies: Can You Take the Client and the Retainer?

February 6, 2009

The Legal Intelligencer

In these difficult times, partnerships are breaking up, firms are dissolving and more and more laterals are seeking greener pastures….

3rd Annual Resolutions for a Happier and Healthier Law Practice

January 2, 2009

The Legal Intelligencer

It has become a tradition: Each year in our first column of the year we discuss our New Year’s Resolutions…

Potential Pitfalls of Feeling at Home With In-House Counsel

December 5, 2008

The Legal Intelligencer

This month we discuss another trend in law firm management that arises out of our increasingly complex legal environment: the…

Proposed Amendment to Model Rules Could Open ‘Screen’ Door

November 7, 2008

The Legal Intelligencer

In the not so distant past, a lawyer could plan to spend her entire career at one firm, beginning as…

Hiring a Formerly Admitted Attorney: How, What, When and Why?

October 10, 2008

The Legal Intelligencer

Last week, a column appearing in The Legal suggested that the Pennsylvania Supreme Court is wrong to allow disbarred and/or…

Court: Consent for Advance Waivers Must be Knowing, Intelligent, Voluntary

September 5, 2008

The Legal Intelligencer

In the not-too-distant past, a “large” firm had as many as 200 lawyers, supported by a sprinkling of rainmakers, and…

How and When to Terminate Representation of a Difficult Client

August 1, 2008

The Legal Intelligencer

It happens to all of us: big firm, small firm, plaintiffs, defense, criminal and civil lawyers. There is a potential…

Rules for Reporting Fellow Attorneys’ Misconduct

June 6, 2008

The Legal Intelligencer

One of the things we learned as children is that it’s better to tell on yourself than to have a…

Waiting and Worrying: How Protected are Confidential Communications?

May 2, 2008

The Legal Intelligencer

If you are like us, then your ethical quandaries seem to fall, for the most part, into two categories: conflicts…

Future of Attorney-Client Privilege Rests on Pa. Supreme Court

March 7, 2008

The Legal Intelligencer

Multiple hats worn by in-house counsel can sometimes create confusion around the issue of when the attorney-client privilege can be…

Professional Conduct in Cyberspace: Proceed with Caution

February 1, 2008

The Legal Intelligencer

Technology is advancing so rapidly that, in many respects, it’s gone beyond our ability to prepare for and think through…

Five New Year’s Resolutions for a Successful and Trouble-Free 2008

January 4, 2008

The Legal Intelligencer

As we ring in our second year as monthly columnists on all things involving legal ethics and professional responsibility, we…