Pepper Hamilton LLP

Court Grants Standing Against Coca-Cola Employer for Breach of Employee Information

The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury. In the latest in a slew of…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

Some Useful Insights from Steris-Synergy Merger Case

The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual potential…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Health, Mergers & Acquisitions, Science, Computers, & Technology

EU Court of Justice: Safe Harbor Decision Permitting EU-U.S. Personal Data Transfers Is Invalid

Ruling affects approximately 5,000 U.S. companies that have relied on the Safe Harbor to transfer personal data from the EU to the United States. Key Points - - The approach of the U.S. government to personal…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the debtors…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered against…more
| Civil Procedure, Constitutional Law, Construction Law, Government Contracting

Post-Grant Challenges in Life Sciences: A Midyear Assessment

The America Invents Act established inter partes review and post-grant reviews mechanisms to challenge the validity of issued United States patents. These procedures were created to improve patent quality, and were introduced in…more
| Civil Remedies, Constitutional Law, Health, Intellectual Property, Science, Computers, & Technology

An Antidote for Deal Risk: R&W Insurance

In today’s robust M&A market, buyers and sellers are both looking for ways to make transactions more attractive to sellers by ensuring that they retain most of the net proceeds after the deal closes. To accomplish this, both…more
| Commercial Law & Contracts, Insurance, Mergers & Acquisitions

FinCEN's Recently Proposed AML Rule: A Road Map for SEC-Registered Investment Advisers

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (the Proposed Rule) on September 1, 2015 that would impose anti-money laundering (AML) requirements for investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Navigating Data Privacy and Security in Telemedicine's Uncharted Territory [Video]

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
| Health, Privacy

Navigating Data Privacy and Security in Telemedicine's Uncharted Territory

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
| Health, Privacy

Brokers: Rely on Broker Statements at Your Peril

Alamo Group, LLC v. A & G Realty Partners, LLC (In re OSC 1 Liquidating Corp.), 529 B.R. 825 (Bankr. D. Del. 2015) – A purchaser of debtors’ lease designation rights filed a complaint in bankruptcy court against the debtors’…more
| Bankruptcy, Finance & Banking

[Webinar] Making Them Pay: Winning Attorney Fees in Patent Litigation - Oct. 8th, 12:00pm EDT

In most litigation, each party pays its own attorney fees and costs, regardless of the outcome of the case. The Patent Act of 1952, however, allowed for an award of fees to the prevailing party in patent litigation in…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

When Is Evidence of a Foreign Cartel Proof of a U.S. Price-Fixing Conspiracy?

The Third Circuit held that in antitrust cases involving concentrated markets, courts must carefully consider the nature of the industry and whether the actions of defendants can be equally attributed to independent conduct as…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, International Law & Trade

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will…more
| Environmental Law, Zoning, Planning & Land Use

Court of Federal Claims Holds Contractor’s Duty to Continue Performance Under Disputes Clause May Be Excused Where Government Fails to Provide Information Necessary to Continue Performance

Vanguard Constr., Inc. v. United States, 2015 U.S. Claims LEXIS 1158 (Fed. Cl. Sep. 8, 2015) The United States Air Force (the “Government”) entered into a contract with Vanguard Construction, Inc. (“Contractor”) to replace a…more
| Civil Procedure, Construction Law, Government Contracting, Military Law
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