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US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may exist for a…more

News from Second and State

This marks the last week of budget double-trouble; the House Appropriations Committee concluded its budget hearings on Thursday, but the Senate still has another week to go. However, the full House will return to Harrisburg next week…more

Supreme Court Finds TTAB Rulings On Likelihood Of Confusion May Preclude Infringement Litigation In Federal Court

The United States Supreme Court recently issued a game-changing opinion on the authority of the U.S. Patent & Trademark Office's (USPTO) Trademark Trial & Appeal Board (TTAB). In B&B Hardware Inc. v. Hargis Industries Inc. et al., case…more

The Unexpected Consequences of Modifying Pennsylvania’s Powers of Attorney Statute: Potential Impacts on Commercial Loans & Leases

Confession of judgment provisions in commercial documents remain in a state of flux until legislation pending in the Pennsylvania House Judiciary Committee is approved and enacted. Until such time, we will keep readers updated on any…more

UK: Intellectual Property Office publishes advice on exhibition of copyright protected works

On 24 March 2015, the UK Intellectual Property Office published “Copyright notice: public exhibition of copyright works”, a notice aimed at libraries, museums, galleries and other institutions who may wish to exhibit works which are…more

New Jersey Trial Court Holds Storm Surge Not Subject to Flood Sublimit Where Policy Expressly Includes “Ensuing Storm Surge” in Named Windstorm Coverage

In recent years, many courts have held that storm surge is a species of excluded flood loss; we reported on a New York example in July. This week, in Public Serv. Enter. Group, v. ACE Amer. Ins. Co., 2015 N.J. Super. Unpub. LEXIS 620…more

Internal Controls Enforcement (Part I of IV)

I was recently inspired by Tom Fox’s excellent writings on the COSO 2013 framework, and his examination of internal controls issues – see here, here, and here. Today, I begin my own series on internal controls but from a slightly…more

Direct vs. Indirect Probate Court Jurisdiction Over Foreign Realty

A state probate court generally does not have jurisdiction over real property situated in another state or country that was owned by the decedent. Generally, such property must be administered in those local jurisdictions, and local…more

Can I sue another parent over measles vaccinations?

The recent outbreak of measles in the United States has left many families unsure of what actions they can take to protect their families. There are currently no federal or Illinois laws in place to handle this specific situation…more

N.D. Cal Interprets the Biological Price Competition Act

Amgen Inc., et al. v. Sandoz Inc., et al., No. 14-cv-04741RS - On March 19, the Northern District of California became the first court to interpret two key provisions of the Biological Price Competition Act: whether biosimilar…more

SEC Proposes High Frequency Traders to be Regulated by FINRA

The Securities and Exchange Commission announced on March 25, 2015 a proposal to amend Rule 15b9-1 under the Exchange Act to require broker-dealers who trade in off-exchange venues to become members of a national securities…more

CFPB Releases Policy Statement on Consumer Complaint Narratives, Also Issues RFI

On March 19, the CFPB announced the publication of its Final Policy Statement on disclosure of complaint narratives. The Final Policy allows consumers who file complaints with the CFPB to “opt-in” to have the actual narrative of the…more

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Based in Washington, DC, Gilbert LLP is the global leader in insurance recovery. Our lawyers have helped clients recover more than $40 billion from insurance companies. Our focus is insurance, and we…

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