Pepper Hamilton LLP

[Webinar] Beam It Up Safely: Navigating Data Privacy and Security in Telemedicine's Uncharted Territory - Sept. 17, 12:00pm EDT

Science fiction programs once imagined a future where a doctor on a spaceship could treat a patient on a distant planet using groundbreaking technology. The health care industry may not yet have made this giant leap, but doctors…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Mid-Market Trends - Leveraged Lending and the Current Regulatory Environment

Financial institutions, institutional investors and liquidity providers to the leveraged loan markets are finding themselves increasingly subject to new regulation in the United States and abroad. Both global and U.S. regulators…more
| Finance & Banking

Why Did Uber Lose In Court Today? And How It Can Still Avoid Future Misclassification Liability

Today was not a good day for Uber. It suffered its second setback from the federal district court judge hearing the independent contractor misclassification class action case brought by Uber drivers against the giant…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Transportation

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

Impact of NLRB’s Joint Employer Decision on Independent Contractors: State-of-the-Art IC Agreements Can Protect from Misclassification Liability

Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically contain clauses that retain the…more
| Labor & Employment Law

Consolidated Return Update

NEW PROPOSED REGULATIONS FROM THE IRS PROVIDE TAXPAYER-FRIENDLY SOLUTIONS TO ISSUES WITH TAX RETURN DUE DATES AND CIRCULAR ADJUSTMENT TO BASIS. In the last six months, the U.S. Department of the Treasury has issued two sets…more
| Taxation

Who Bears Withholding Tax When a Settlement of Litigation Agreement Is Silent?

IF A SETTLEMENT AGREEMENT IS SILENT, A DEFENDANT IS NOT REQUIRED TO ‘GROSS UP’ THE SETTLEMENT, AND THE PLAINTIFF WILL SUFFER THE WITHHOLDING TAX BURDEN. What happens when settling parties agree that the defendant will pay a…more
| Civil Procedure, International Law & Trade, Taxation

Federal Judge Rejects Government's Accomplice Theory of FCPA Liability

The ruling stands as a blow to the government’s long-held view that non-resident foreign nationals are subject to the FCPA if they conspire with or aid and abet a person or entity otherwise subject to the FCPA. Businesses…more
| Finance & Banking, International Law & Trade

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a…more
| Bankruptcy, Construction Law, Finance & Banking, Insurance, Real Estate - Residential

Court Orders Fee Award for Defendants in Patent Case, Using New Octane Fitness Standard

On August 19, Chief Judge Petrese Tucker of the U.S. District Court for the Eastern District of Pennsylvania issued an opinion awarding more than $6.5 million in attorneys’ fees to two defendant corporations who prevailed at…more
| Civil Procedure, Civil Remedies, Intellectual Property

Six Things the Private Sector Should Know About EPA's Final Vapor Intrusion Guidance

The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long last,…more
| Conflict of Laws, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Noncompliance with the California Contractor’s License Law Brings Severe Consequences

Pacific Caisson & Shoring, Inc. v. Bernards Brothers Inc., 236 Cal. App. 4th 1246 (Cal. Ct. App. 2015) - In California, a contractor must be licensed by the Contractors State License Board (Board) in order to lawfully…more
| Construction Law

NLRB Punts on First Down: Declines to Exercise Jurisdiction in Northwestern University Football Players Union Representation Case

The NLRB’s decision is limited to the facts presented by the Northwestern case, and the Board may assert jurisdiction in another case involving scholarship athletes at a later date. On August 17th, the National Labor…more
| Art, Entertainment, & Sports Law, Education, Intellectual Property

Nonresidential Leases: What Does It Take To Avoid Deemed Rejection?

In re Simbaki, Ltd., 520 B.R. 241 (Bankr. S.D. Tex. 2014) – A chapter 11 debtor sought to assume a restaurant lease.  The landlord objected, arguing among other things that the lease was not timely assumed and so was…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued its…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions
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