Pepper Hamilton LLP

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

  • 215.981.4000
  • 215.981.4750

U.S. District Court in Pennsylvania Dismisses Owner’s Claim Against Performance Bond Surety – Repeated Instances of Poor Performance By Contractor Were Not So Material As to Allow Owner to Terminate Without Providing Cure Notice

Milton Reg’l Sewer Auth. v. Travelers Casualty & Surety Co., 2014 U.S. Dist. LEXIS 155419 (M.D. Pa. Nov. 3, 2014) - The United States District Court for the Middle District of Pennsylvania ruled that multiple instances…more
| Commercial Law & Contracts, Construction Law, Real Estate - Commercial

Loan to Own: A Potpourri of Bankruptcy Attacks

Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for…more
| Civil Procedure, Conflict of Laws, Personal Injury, Privacy, Health

Every Picture Tells a Story... Convincing Regulators and Courts of Your Client’s Position

When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and…more
| Environmental Law, Zoning, Planning & Land Use, Science, Computers, & Technology

Loan to Own Variation: Bankruptcy May Not Provide The Answers

In re SR Real Estate Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014) – A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked the…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Commercial

Ninth Circuit Enforces Waiver of Subrogation Clause in Design/Build Agreement Against Post-Construction Property Insurer

Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) - This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals. …more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Personal Injury, Insurance

Beware of Unintended Beneficiary Designations

Beneficiary designations are commonly used to name the individuals or entities who are to receive the proceeds of life insurance policies or retirement plans after the death of the owner. An increasing number of financial…more
| Labor & Employment Law, Finance & Banking, Insurance, Wills, Trusts, & Estate Planning

Planning for Digital Assets

The term “digital assets” has become an umbrella term for all manner of assets, including airline rewards, hotel points, e-mail accounts, domain names, online bank accounts, social networking accounts (e.g., Facebook), data…more
| Communications & Media Law, Wills, Trusts, & Estate Planning

2015 Tax Figures

The following inflation-adjusted amounts are effective January 1, 2015: - The annual exclusion from gift tax remains at $14,000 per donee. - The annual exclusion from gift tax for gifts to a non-citizen spouse…more
| Taxation, Wills, Trusts, & Estate Planning

Addressing Portability

As we have discussed in previous newsletters, the concept of “portability” introduced in 2012 allows a surviving spouse to use the unused federal estate tax exemption of the first spouse to die, but only if a federal estate tax…more
| Taxation, Wills, Trusts, & Estate Planning

General Powers of Attorney: Pennsylvania Law Changes

Pennsylvania recently passed Act 95 of 2014, which introduced sweeping changes to the law governing General Powers of Attorney. The changes fall into three main categories: (1) execution requirements, (2) powers that must be…more
| Wills, Trusts, & Estate Planning

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Communications & Media Law

Strong Arm Powers: Mortgage Boo-Boo Strikes Again

Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) – A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real estate…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

U.S. Supreme Court Scrutinizes Three Proposed Standards for Determining Section 11 Liability for Statements of Opinion or Belief

On Monday, November 3, 2014, the U.S. Supreme Court held oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435. As noted in our previous client alert regarding this case, on…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Cramdown Hurdles Round 2: Confirmation Can Be An Elusive Prize

In re NNN Parkway 400 26, LLC, 505 B.R. 277 (Bankr. C.D. Cal. 2014) – The primary creditor (an undersecured lender) objected to the debtors’ proposed plan of reorganization on various grounds, including that the plan…more
| Bankruptcy, Finance & Banking, Real Estate - Residential
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