Pepper Hamilton LLP

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
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Privacy, Science, Computers, & Technology

Sunshine Creeps into Dark Corners of Harrisburg

National Sunshine Week did not exist in the 1700s, but the Founding Fathers knew all too well the frustrations of accessing public records and even wrote about it right here in Philadelphia. Originally published in The…more
| Administrative Law

CFPB Request for Information Targets Credit Card Debt Collection and Ability to Repay

The Consumer Financial Protection Bureau (CFPB or Bureau) announced on March 17 that it is seeking public comment, via a Request for Information, ahead of a second study on the credit card market. With this request, the Bureau…more
| Finance & Banking, Consumer Protection

Manufactured Home Lien: Forget Perfection, You Need To Have A Lien In The First Place

Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) – A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Terminating a Lease Prior to Bankruptcy: Tricks and Traps

As many commercial landlords can attest based on experience, a tenant that files bankruptcy receives the benefit of rights and protections under the Bankruptcy Code that it would not have outside of bankruptcy. Among other…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Lost Mortgage Notes: Those Pesky State UCC Variations

Desmond v Raymond C. Green, Inc. (In re Harborhouse of Gloucester, LLC), 523 B.R. 749 (1st Cir. BAP 2014) – A Chapter 7 trustee objected to the proof of claim filed by a downstream assignee of a lost mortgage note. The…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

Sort Through Affordable Housing Development Acronyms

Real estate developers looking to enter the affordable housing marketplace are familiar with the acronym “LIHTC” (low-income housing tax credit), but may be wondering how one works with a public housing agency (PHA) to obtain…more
| Construction Law, Finance & Banking, Real Estate - Residential, Taxation

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 or…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

The 'Palmetto Put-Down' Endangers Drug Cos. Nationwide

On Feb. 25, 2015, nearly two years after argument, the South Carolina Supreme Court directed entry of a $136 million judgment against Janssen Pharmaceuticals Inc. These civil penalties stemmed from a suit brought by the state's…more
| Administrative Law, Constitutional Law, Consumer Protection, Health, Science, Computers, & Technology

Uber and Lyft Lose Key Motions in California Independent Contractor Class Actions; Decisions Have Far-Reaching Implications for Companies that Fail to Properly Structure and Document Independent Contractor Relationships

March 11, 2015 was a tough day for Uber and Lyft. Federal court judges in California issued separate decisions yesterday in class action lawsuits brought by drivers of Uber and Lyft who allege that those companies misclassified…more
| Civil Procedure, Labor & Employment Law

Analysis: Prevailing Party In Jury Trial Finds Uncertainty In Remedies Available Under Pennsylvania Contractor And Subcontractor Payment Act

Since 1994, Pennsylvania law has provided enhanced remedies for prevailing in a payment dispute arising out of a construction project. The prevailing party in a recent jury trial discovered uncertainty in the precise contours…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Lease Claims: You Snooze, You Lose

In re Sky Ventures, LLC, 523 B.R. 163 (Bankr. D. Minn. 2014) – After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection date and for…more
| Administrative Law, Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Summary of HUD’s LEAN 232 Program Email Blast: Office of Residential Care Facilities (ORCF), February 2015

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim is…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Insurance, Real Estate - Residential

Mortgage Notes: Those Nasty Assignments!

In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) – The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be used…more
| Civil Procedure, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law
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