Pepper Hamilton LLP

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

  • 215.981.4000
  • 215.981.4750

Sleeping Giant? OCC Wakes Up to New Focus on Merchant Processing

Following hard on the heels of recent risk management actions taken by other federal agencies, the Office of the Comptroller of the Currency (OCC) has issued a thoroughly updated booklet on Merchant Processing, which forms a…more
| Commercial Law & Contracts, Finance & Banking

Lease Termination: Do You Really Mean It?

A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned on…more
| Bankruptcy, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial

The Global Crackdown on Profit Shifting

CFOs of multinationals need to prepare by assessing how much their companies engage in profit shifting to cut their taxes. Do you have responsibility, whether direct or dotted line, for the tax function in your…more
| Commercial Law & Contracts, International Law & Trade, Taxation

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous Hyperlinks to Terms of Use, ‘Without More,’ Is Insufficient

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

Pennsylvania Supreme Court Holds Contractor May Recover in Quantum Meruit Where Home Improvement Contract Does Not Satisfy Statutory Requirements for Enforcement

Homeowners Raymond and Donna Mantia contracted Shafer Electric & Construction (“Shafer”) to build a two-car garage addition onto their house. Shafer’s proposal was extremely detailed as to the work to be completed. Despite the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Summary of HUD’s LEAN 232 Program E-Mail Blast: Office of Residential Care Facilities (ORCF), July 2014

In response to HUD’s February request for comments on the new loan documents, HUD has posted revised Section 232 documents. The changes to the documents include a few substantive revisions, as well as edits resolving scrivener’s…more
| Finance & Banking, Health, Real Estate - Residential

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
| Criminal Law, Electronic Discovery, Privacy, International Law & Trade, Science, Computers, & Technology

Post-Petition Interest: Not Very Predictable

A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition interest: If and when did it become oversecured and thus entitled to interest? Was it entitled to interest at the default rate?…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Commercial

Third Circuit Reaffirms the Difficulty of Binding a Non-Signatory to Arbitration

Federal law’s much-talked-about presumption in favor of enforcing arbitration clauses has its limits. On August 11, 2014, the United States Court of Appeals for the Third Circuit identified one of those limitations: the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

First Post Grant Review Petition Filed

After nearly a dozen false starts, it appears that the first genuine “Post Grant Review” (PGR) petition may have been filed with the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA)…more
| Civil Procedure, Intellectual Property

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where Parties Were Not in Privity of Contract

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with the…more
| Civil Procedure, Construction Law, Business Torts, Professional Malpractice, Government Contracting

Private Equity's Inversion Excursion: Pepper Hamilton Talks Tax With the Deal  [Video]

In this interview with The Deal’s Jon Marino, Pepper Hamilton LLP's Joan Arnold, a partner who heads the firm's tax group, says Pfizer’s play for AstraZeneca isn’t the only inversion deal being sought. There are no shortages of…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

FinCEN Proposes Fifth BSA Pillar

On July 30, 2014, the Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (the Proposed Rule) to clarify and strengthen customer due diligence (CDD) requirements as a fifth pillar under the Bank…more
| Commercial Law & Contracts, Finance & Banking

Mortgage Enforcement: Dot Those “i”s and Cross Those “t”s – Or Else

A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage,…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Extended SEC MCDC Initiative Deadline Does Little to Lessen Urgency

The Securities and Exchange Commission (SEC) has recently modified its Enforcement Division’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative in order to encourage as much participation in the program as…more
| Finance & Banking, Securities Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
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Other U.S. Locations
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  • Pennsylvania
Number of Attorneys

400+ Attorneys

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