News & Analysis as of

Pennsylvania

Troutman Pepper

Pennsylvania AG Sues Robotics Toy Company for Alleged Failure to Fulfill Prepaid Orders

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In September, Pennsylvania Attorney General (AG) Michelle Henry filed a lawsuit against Pittsburgh-based Digital Dream Labs, Inc., and its CEO, Harold Jacob Hanchar, individually and in his capacity as CEO. In the lawsuit,...more

Houston Harbaugh, P.C.

Buyers and Sellers of Pennsylvania Real Estate Should Use Caution

Houston Harbaugh, P.C. on

If you have bought or sold property in Pennsylvania, you have likely encountered the Oil, Gas and/or Mineral Rights/Interests Disclosure© form prepared by the Pennsylvania Association of Realtors as part of the sales...more

Cozen O'Connor

Amendments Expand Pennsylvania’s Data Breach Notification Law

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Businesses suffering a data breach affecting Pennsylvania residents may have new compliance obligations pursuant to a recent amendment to the Commonwealth's data breach notification law. Earlier this year, Pennsylvania...more

Seyfarth Shaw LLP

Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule

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On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No....more

Stevens & Lee

Pennsylvania Health System Settles HIPAA Violations Amid Rising Ransomware Threats

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On July 1, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a significant settlement with Western Pennsylvania’s Heritage Valley Health System following potential HIPAA...more

Houston Harbaugh, P.C.

Butler County, Pennsylvania Court Filings to Require Generative AI Affidavit on October 21, 2024

Houston Harbaugh, P.C. on

Starting on Monday, October 21, 2024, the Butler County, Pennsylvania Court of Common Pleas will require an Affidavit about the use of Generative AI to be attached to court filings. This marks a new development in courts’...more

Fox Rothschild LLP

Pennsylvania’s Uniform Directed Trust Act Creates New Flexibility in Trust Administration

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Pennsylvania will soon become the 20th state to adopt a version of the Uniform Directed Trust Act (the Act), adding a new subchapter to the PEF Code and significantly changing the existing provisions of the state’s Uniform...more

Constangy, Brooks, Smith & Prophete, LLP

Pennsylvania’s amendments to data breach notification law take effect

The Commonwealth of Pennsylvania has amended its Breach of Personal Information Notification Act. The amendments, available here 2024 Act 33 - PA General Assembly (state.pa.us), took effect last week, on September 26. The key...more

A&O Shearman

Eastern District Of Pennsylvania Denies In Part Motion To Dismiss Putative Securities Class Action Against Pharmaceutical Company

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On September 3, 2024, Judge Mitchell S. Goldberg of the United States District Court for the Eastern District of Pennsylvania granted in part and denied in part a motion to dismiss a putative securities class action against a...more

McNees Wallace & Nurick LLC

The Impact of Act 61 - Additional Considerations for Guardians: Guardian Certification and Waiver Petitions

Pennsylvania guardianship rules and processes are subject to significant changes through the enactment of Act 61 of 2023 (Senate Bill 506; PN 843). This legislation, which updates the legal framework surrounding...more

Troutman Pepper

Amendments Align Pennsylvania’s Breach Notification Law With Majority of States

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Earlier this year, Governor Josh Shapiro signed amendments to Pennsylvania’s Breach of Personal Information Notification Act (BPINA) into law, which go into effect on September 26. As part of the implementation of these...more

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

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Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

A&O Shearman

Eastern District Of Pennsylvania Denies Motion To Compel The Election Of Defendants’ “Subjective Beliefs”

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On August 22, 2024, Judge Harvey Bartle III of the United States District Court for the Eastern District of Pennsylvania denied a motion to compel defendants to provide information concerning the “subjective beliefs” of their...more

Sheppard Mullin Richter & Hampton LLP

New Data Breach Notification Obligations for PA – and a New Reporting Portal

Pennsylvania AG Michelle Henry announced yesterday the launch of an online portal for businesses to report data breaches to the AG’s office. The portal launch comes before Pennsylvania’s new breach amendments take effect on...more

Weber Gallagher Simpson Stapleton Fires &...

House Bill 2490 & Implications for Pennsylvania Workers' Compensation Settlements

House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever...more

Oliva Gibbs LLP

Carbon Copy: Pennsylvania’s CO2 Storage Plan Breaks New Ground

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On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more

Fox Rothschild LLP

Storage Tanks That Contain PFOA And PFOS Must Now Be Registered In Pennsylvania

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The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

Fox Rothschild LLP

Pennsylvania Limits Non-Competes for Most Health Care Practitioners and Requires Patient Disclosure Upon Departure

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Beginning on January 1, 2025, employment-based non-compete covenants will be unenforceable against physicians, certified registered nurse practitioners, physician assistants and certified registered nurse anesthetists (each,...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education...more

Fox Rothschild LLP

Significant Changes Made to PA Public School Code

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A collection of new laws signed by Pennsylvania Gov. Josh Shapiro during this year’s budget process make important amendments to the Public School Code affecting all school entities. Among them is Act 55 of 2024, which...more

Troutman Pepper

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

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On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Fox Rothschild LLP

Amendments to PA School Code Affect Residency Disputes

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Amendments to the Pennsylvania School Code provide additional protections to students and families involved in residency disputes with their local school districts. The changes will take effect on September 16, 2024. The...more

Husch Blackwell LLP

Navigating Solar Development in the Appalachian Basin: Surface and Subsurface Rights

Husch Blackwell LLP on

Solar developers in the PJM region, particularly in Pennsylvania, West Virginia, and Ohio, often encounter land with a complex history of mineral development. This history can significantly impact solar projects, from site...more

Ballard Spahr LLP

Pennsylvania's New Noncompete Law Changes the Rules for Health Care Employers

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Pennsylvania’s new Fair Contracting for Health Care Practitioners Act limits the use of certain restrictive covenants between employers and health care workers and imposes heightened patient notice obligations on applicable...more

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