Pepper Hamilton LLP

3000 Two Logan Square Eighteenth and Arch Streets
Philadelphia, Pennsylvania 19103-2799, United States

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  • 215.981.4750

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Equitable Subordination: Construction Lenders Beware

Atlantic Builders Group, Inc. v. Old Line Bank (In re Prince Frederick Inv., LLC), 516 B.R. 778 (Bankr. D. Md. 2014) – A construction contractor contended that the claim of the debtor’s construction lender should be…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Construction Law, Finance & Banking

Mortgage Recording: What Happens When There Is An Extra “E”?

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Disaster and Pandemic Planning for Employers – A Primer

The only thing certain about disasters and pandemics is that they are uncertain. You never know who, what, where, why and when they will strike. But whatever the cause, a disaster or pandemic can have a serious impact on a…more
| Labor & Employment Law

More Biotech and Diagnostic Patents At Risk After Federal Circuit Decision

On December 17, 2014, the Federal Circuit Court of Appeals found that certain claims relating to Myriad’s BRCA1 genetic test for breast and ovarian cancer were invalid under 35 U.S.C. § 101 as being ineligible for patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

NLRB Protects Workers’ Right to Use Employer Email Systems for Union Activities

The National Labor Relations Board (NLRB or Board), in its December 11 Purple Communications, Inc. and Communications Workers of America, AFL–CIO decision, reversed certain Board precedent on employees’ use of employers’ email…more
| Labor & Employment Law

Mortgage Recording Requirements: Tiny Technical Defect Strikes Again

Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

U.S. District in California Discusses Distinctions between Joint Ventures and Subcontractor Relationships for Miller Act Purposes

Frontier Contr. Inc. v. Allen Eng’g Contr., Inc., 2014 U.S. Dist. LEXIS 136474 (E.D. Cal. Sept. 2014) - Frontier Contracting Inc. (Frontier) entered into a teaming agreement with Allen Engineering Contractor, Inc. (Allen)…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Government Contracting

Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying…more
| Bankruptcy, Franchise Law, Real Estate - Residential

Investment Management and Hedge Funds – What’s Happening Now?

In This Presentation: - History of Obama’s First Six Years - Constitutional Constraints - Several Rules That Wrankle - Market Constraints - Crystal Ball Prognostications - Excerpt from…more
| Commercial Law & Contracts, Finance & Banking

U.S. District Court in Minnesota Rejects Owner’s Implied Warranty Claims Against Installation Contractor – Also Holds Recovery of Lost Profits Barred By Limitation of Damages Clause

Spectro Alloys Corp. v. Fire Brick Eng’rs Co., Inc., 2014 U.S. Dist. LEXIS 140817 (D. Minn. Oct. 3, 2014). Spectro Alloys Corporation (“Spectro”) operates a smelter, and it hired Fire Brick Engineers (“FBE”) to install…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Is the Party Over? New Jersey Permit Extension Act to Expire Unless Legislature Acts

Members of New Jersey’s development community are wondering: “Is the permit extension party over?” For the last six years, approved development projects have received the protection of the New Jersey Permit Extension Act (PEA),…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

New Jersey’s New Complex Business Litigation Program Offers Potential Advantages

After a year of considering the needs of parties to business-related litigation, the Supreme Court of New Jersey has announced that the Judiciary will implement a “Complex Business Litigation Program” effective January 1, 2015,…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Investment Management Update- 2014 Election Impact [Video]

Pepper attorneys Gregory J. Nowak and Mathew R. Silver discuss the impact of the 2014 election for investment management and funds during a recent webinar for West LegalEdcenter. With a blue president, red congress and red…more
| Elections & Politics, Finance & Banking

Leases: Avoid Unnecessary Headaches With Precise Drafting

Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law. The issue turned on whether…more
| Bankruptcy, Commercial Law & Contracts, Consumer Protection, Real Estate - Residential
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