Pepper Hamilton LLP

You Can't Say That! Or Can You? - Discussing Politics at Work

The 2016 presidential election season has been particularly divisive, with candidates trading insults on a regular basis. Naturally, conversations about politics and candidates spill over into the workplace. A recent survey…more
| Elections & Politics, Labor & Employment Law

Lessons Unlearned: Franchise and Independent Contractor Agreements Can Be Kiss of Death

The Third Circuit’s decision is a pointed reminder to franchisors, as well as businesses that use independent contractors, that the form of their agreements can either serve their legal interests or harm them in employee…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Franchise Law

New True Lender Case Provides Support for the Bank Partnership Model

The court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes good public policy. On September 20, the U.S. District Court for the Central…more
| Civil Procedure, Education, Finance & Banking

The Current State of Marketplace Lending and Investing

Recent legal and regulatory developments are affecting the ways that marketplace lenders and investors do business — and their impact will continue to be felt well into the future. This is a turbulent time in this developing…more
| Finance & Banking, Securities Law

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the Federal…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes

Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) - Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage a…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for the…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Intellectual Property, Science, Computers, & Technology

FRAUD IN PRIVATE EQUITY PORTFOLIO COMPANIES [Video]

Recently, The Deal’s Rhonda Schaffler spoke with Jeremy I. Levy, an attorney in the corporate and securities practice at Pepper Hamilton, about allegations of fraud in private equity portfolio companies. Current law puts the…more
| Business Organizations, Commercial Law & Contracts, Criminal Law, Mergers & Acquisitions

CashCall Case Brings More Uncertainty to the True Lender Debate

The case provides an outline of issues to consider and structures to avoid in designing bank collaboration models in the future. On August 31, in Consumer Financial Protection Bureau v. CashCall, Inc., the U.S. District…more
| Communications & Media Law, Finance & Banking, Consumer Protection, Indigenous Peoples

Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not Mandatory, Upon Finding of Bad Faith

Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

August 2016 Independent Contractor Misclassification and Compliance News Update

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We critiqued…more
| Civil Procedure, Labor & Employment Law, Real Estate - Residential, Transportation, Government Contracting

A Response to: 'Forcing Lawyers to Perform Pro Bono Services'

In his article in Verdict (July 18, 2016), Prof. Ronald Rotunda, responding to comments on pro bono delivered by Supreme Court Justice Sonia Sotomayor at a national conference of the American Law Institute, rightly states that…more
| Law Practice Products & Services

Music and the Blockchain

The promise of blockchain technology for the music industry is its ability to solve the problem of “shared facts” and to provide transparency in real time or near-real time…more
| Art, Entertainment, & Sports Law, Finance & Banking, Science, Computers, & Technology

[Webinar] Health Care Construction Projects: Avoiding Claims Through Better Coordination - September 21st, 12:00pm EDT | 9:00am PDT

In January of this year, following frantic talks and a public fight over who was to blame for delays costing close to $100,000 a day in lost revenue, Santa Clara County was finally able to reach an agreement and settle its…more
| Commercial Law & Contracts, Construction Law, Health

The Solicitor General Weighs in on Madden v. Midland

The Solicitor General’s brief argues the Second Circuit’s holding was incorrect, but does not recommend a grant of certiorari. On May 24, the U.S. Solicitor General and the Office of the Comptroller of the Currency (OCC)…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Finance & Banking
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3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, Pennsylvania 19103-2799, United States

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