In Dittman v. UPMC, No. 43 WAP 2017, the Pennsylvania Supreme Court issued an opinion that addressed important issues concerning the scope of an employer’s duty to use reasonable care to safeguard its employees’ sensitive personal information. The Court also addressed and clarified the scope of the economic loss doctrine, as applied to negligence claims…
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A panel of the Superior Court recently issued a decision that could significantly expand the reach of the Unfair Trade Practices and Consumer Protection Law, ruling for the first time that the “catchall” provision of the statute imposes strict liability. Gregg v. Ameriprise Financial, Inc., No. 1504 WDA 2017 (Pa. Super. Sept. 12, 2018). The…
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On August 31, 2018, the Pennsylvania Superior Court issued a decision that likely will be a significant precedent in determining whether legal malpractice claims are barred by the statutes of limitation. In Seidner v. Howard Finkelman, Nos. 716 EDA 2017 and 808 EDA 2017, the Panel (President Judge Gantman and Judges Shogan and Platt) ruled that…
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A panel of the Court of Appeals for the Third Circuit recently rejected an attempt by J.P. Morgan Securities LLC to enforce a forum selection clause, holding that J.P. Morgan Securities was required to submit to FINRA arbitration under FINRA Rule 12200. Reading Health System v. Bear Stearns & Co. n/k/a J.P. Morgan Securities LLC, No.…
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The enactment of the federal Defend Trade Secrets Act of 2016 (DTSA) was a highly significant development in trade secrets law. as it for the first time provided a federal cause of action for trade secret misappropriation, beyond certain misappropriation claims that have been allowed to proceed under the federal Computer Fraud and Abuse Act, 18 U.S.C.…
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On February 14, 2018, a panel of the Pennsylvania Superior Court affirmed the entry of summary judgment against a law firm in connection with its claim against TD Bank, arising out of the bank’s alleged failure to detect the theft of more than $300,000 by a former partner of the law firm. Levy Baldante Finney…
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