Philip Yannella

Philip Yannella

Ballard Spahr LLP

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Pennsylvania Supreme Court Declines To Adopt Restatement (Third) of Torts

In a long-awaited opinion, the Pennsylvania Supreme Court has recently declined to adopt the Restatement (Third) of Torts in product liability cases, ruling instead that the strict liability regime of the Restatement (Second)...more

11/24/2014 - Negligence Strict Liability

Phishing Attacks Target University Employee Payroll Information

In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more

11/17/2014 - Cybersecurity Payroll Records Phishing Scams Popular Universities

Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document...more

10/31/2014 - Discovery Document Productions Federal Rules of Civil Procedure

Massive Hacking Operation Further Reveals Weakness of Passwords

A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from...more

8/12/2014 - Cybersecurity Data Protection Hackers Passwords Popular Russia

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

5/2/2014 - Corporate Counsel Federal Rules of Civil Procedure Proposed Amendments Rule 1 Rule 26 Rule 37

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

3/26/2014 - CFAA Data Protection Fraud

Plaintiffs May Assert Negligent Design Claims for Prescription Drugs, Pa. Supreme Court Holds

In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims against pharmaceutical...more

1/24/2014 - FDA Negligence Negligent Design Pharmaceutical Prescription Drugs SCOTUS

Proposed eDiscovery Rule Would Bring Relief from Specter of Sanctions

The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more

11/8/2013 - Document Requests Electronically Stored Information Federal Rules of Civil Procedure Predictive Coding Spoliation

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

9/4/2013 - Facebook Invasion of Privacy Social Media Stored Communications Act

Seventh Circuit Upholds Privacy Class Action under Federal Law

In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more

7/24/2013 - CFAA Class Action Class Certification ECPA Harris v comScore Privacy Laws Right to Privacy Stored Communications Act

Ohio Federal Court Addresses Privacy Rights around Employee Smartphones

A recent Ohio federal court decision serves as a reminder that companies need to review their Bring Your Own Devices (BYOD) policies to ensure that employees are adequately informed about the communications that corporate...more

7/15/2013 - Bring Your Own Device Cell Phones Email Employee Rights Mobile Devices Privacy Policy Right to Privacy Smartphones

Supreme Court Rejects ‘Stop-Selling’ Argument in Conflict Preemption Cases

In a 5-4 decision, the U.S. Supreme Court rejected the notion that a manufacturer’s option to stop selling its product resolves preemption concerns raised by conflicting state and federal laws....more

6/27/2013 - Generic Drugs Manufacturers Mutual Pharmaceuticals v Bartlett Preemption Prescription Drugs SCOTUS Stop-Selling Rationale

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

3/18/2013 - Attorney's Fees Document Review Legal Costs Misappropriation Patents Predictive Coding Trade Secrets

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