Jan Levine

Jan Levine

Pepper Hamilton LLP

Contact  |  View Bio  |  RSS

Latest Publications


Court Grants Standing Against Coca-Cola Employer for Breach of Employee Information

The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury. In the latest in a slew of...more

10/8/2015 - Bailments Breach of Contract Cause of Action Accrual Civil Conspiracy Clapper v. Amnesty International Class Action Coca Cola Data Breach DPPA Fraudulent Charges Identity Theft Personally Identifiable Information Restitution Standing

How to Avoid and Respond to a Cybersecurity Breach

In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more

9/17/2015 - Banking Sector Breach Notification Rule CAN-SPAM Act COPPA Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Breach Data Protection Data Security FERPA Financial Institutions Financial Sector Gramm-Leach-Blilely Act Hackers Healthcare HIPAA HITECH OCR Personally Identifiable Information Privacy Laws Verizon

Antitrust Law Issues for Health Care Providers [Video]

During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers. Key topics included: • Trends in health care competition after the ACA, with a focus...more

6/25/2015 - Affordable Care Act Antitrust Provisions Cybersecurity Data Privacy Healthcare Healthcare Providers HIPAA Licensing Boards Webinar

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

6/9/2015 - Class Action Data Breach Defense Strategies Electronic Medical Records Healthcare Personally Identifiable Information PHI Popular Standing Unfair or Deceptive Trade Practices

Federal Court Holds that Data Breach Plaintiffs Have No Standing Unless They Show Misuse

Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more

3/25/2015 - Class Action Data Breach Imminent Harm Popular Standing

Is the FTC’s Authority Over Consumer Privacy About to Be Limited?

Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more

3/16/2015 - Cybersecurity Data Breach Data Protection FTC FTC v Wyndham Popular Wyndham

The State Action Doctrine: Active Supervision Reigns Supreme

On February 25, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 2015 U.S. LEXIS 1502 (2015). In the 6–3 opinion, the Court held that an action taken by...more

2/27/2015 - Antitrust Provisions NC Board of Dental Examiners v FTC SCOTUS Sherman Act State Action Doctrine

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

11/26/2014 - Breach of Contract Class Action Data Breach Health Care Providers HIPAA Negligence Negligent Infliction of Emotional Distress Patient Confidentiality Breaches PHI Popular Private Right of Action

Wyndham Decision Provides Guidance to Corporate Directors and Officers in Responding to a Data Breach

U.S. District Judge Stanley R. Chesler of the District of New Jersey recently provided much needed guidance to directors and officers on their duties and responsibilities with regard to cybersecurity. In Palkon v. Holmes, et...more

11/14/2014 - Board of Directors Corporate Officers Cybersecurity Data Breach Derivative Suit Internal Controls Personally Identifiable Information Resorts & Restaurants Shareholder Litigation Wyndham

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

10/24/2014 - Healthcare Healthcare Professionals HMOs Hospitals Patient Safety Peer Review

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more


Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more

8/29/2014 - Employee Rights FLSA Healthcare Healthcare Professionals Hospitals Over-Time Rest and Meal Break Unpaid Overtime

Foreign Data Center Subject to Reach of U.S. Government

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

8/25/2014 - Data Centers Microsoft Personally Identifiable Information Popular Search Warrant Stored Communications Act

State Action Doctrine At The Supreme Court: Take Two

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

3/20/2014 - Antitrust Litigation FTC FTC v. Phoebe Putney Health System SCOTUS State Action Doctrine

In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more

11/1/2013 - Competition FTC v. Phoebe Putney Health System Healthcare Immunity SCOTUS State Action Doctrine

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

2/25/2013 - FTC FTC v. Phoebe Putney Health System Governmental Immunity Governmental Liability Hospital Mergers Hospitals Immunity SCOTUS State Action Doctrine

16 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.