Commercial Litigation

In Post-Pandemic Era, What Will Return to Office Look Like?

2021/12/20

Pietragallo attorney Kevin E. Raphael was featured in a recent Pennsylvania Bar News feature on “In Post-Pandemic Era, What Will Return to Office Look Like?” Mr. Raphael first spoke on the topic on the “Business and Practice of Law Post-COVID: How will it Change?” webinar conference for the Pennsylvania Bar Association’s Large Law Firm Committee in mid-November. Interested in reading the piece? You can find it here: https://www.pabar.org/members/barnews/2021/BarNews_1216.pdf Read More

Privacy, Data and Cyber Security: The Current Legal Landscape CLE (Webinar)

2021/11/11

Companies and consumers alike are under perpetual assault from bad actors as IoT, work from home, and cloud migration – all intended to improve productivity – have expanded the cyber attack surface. The continually evolving privacy legislation and cyber regulation requires companies to adapt and comply with collection, use, retention, and disclosure of personal information, and requires the implementation of internal controls, systems, and policies to better protect information from cyber criminals. During this one hour CLE hosted webinar we will discuss: An overview of the current state of U.S. privacy law, including state privacy legislation, breach notification, and enforcement Overview of the legal framework in data security Cybersecurity threats and the attendant risk Regulatory frameworks and the future of managing security in large supply chains Best practices for companies to launch or improve their security program Click here to register. Zoom details to follow. *Attendance is limited. When Thursday, November 11, 2021 12:00 p.m. – 1:00 p.m. EST Host Christopher A. Iacono, Partner Martin T. Shepherd, Partner Credit CLE credit in PA is currently pending approval. Read More

Pietragallo Adds Cybersecurity Lawyer Martin T. Shepherd

2021/10/07

Martin T. Shepherd, a well-known and respected litigation lawyer, has joined Pietragallo Gordon Alfano Bosick & Raspanti, LLP in the firm’s Commercial Litigation team and as head of the firm’s Diversity Initiative. As a cybersecurity innovator, Mr. Shepherd’s arrival adds further depth to the firm’s Cybersecurity and Privacy team and continues Pietragallo’s strong growth in key practices across the firm. “We are thrilled to welcome Martin, an accomplished litigator and cybersecurity lawyer. He is a seamless fit for our collaborative nationwide litigation team. Adding impressive talent like Martin will help our clients’ mission-critical needs in the ever growing cybersecurity arena,” said William Pietragallo, II, the firm’s chairman. Mr. Shepherd is the founder and CEO of Arch Access Control, founded with the goal of ending companies’ exposure to danger and fear of loss due to physical or cyber security breach. Before Arch, Martin was an attorney at EQT Corporation in Pittsburgh, PA. He brings a wealth of experience from a 20 year career that spans private practice and he also has considerable experience as an in-house attorney at a Fortune 500 Company. Mr. Shepherd currently serves on the board of directors of Greater Pittsburgh Community Food Bank, advisory board of Pittsburgh Technology Council’s Apprenti program, and co-founder of the Executive Action Response Network (EARN), a Pittsburgh-based initiative aimed at increasing African American representation in corporate leadership. He also acts as special advisor to Grand Rapids Hip Hop Coalition and Detroit Dirt. He has a B.S. in Finance from Miami University (OH) and J.D. from The Ohio State University. In 2019, he finished the Executive Leadership Academy program at Carnegie Mellon University, Tepper School of Business.   About Pietragallo Gordon Alfano Bosick & Raspanti, LLP Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Bitcoin, Cryptocurrency, and Civil Litigation CLE (Webinar)

2021/11/03

As Bitcoin and other cryptocurrencies gain further acceptance in the portfolios held by persons, corporations, trusts, and estates, fiduciaries and civil litigants must be aware of how courts will handle claims when the ownership or stewardship of these assets becomes disputed. Please join us for a one hour CLE webinar that will cover various topics such as: Brief background on Bitcoin and cryptocurrencies Treatment of Bitcoin as an asset and potential for recovery Bitcoin and cryptocurrencies in selected litigation Looking ahead: what we can expect in the future for Bitcoin and cryptocurrency litigation Click here to register. Zoom details to follow. *Attendance is limited. When Wednesday, November 3, 2021 10:00 a.m. – 11:00 a.m. EST </> Host John R. Brumberg, Partner Credit CLE credit in PA is currently pending approval. Read More

20 Pietragallo Lawyers Named in 2022 The Best Lawyers in America and Ones to Watch

2021/08/19

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 20 lawyers have been named as 2022 The Best Lawyers in America and 2022 Ones to Watch, including two lawyers who were recognized for Bet-the-Company Litigation. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Recognition by Best Lawyers is based entirely on peer review. The following were chosen as The Best Lawyers in America: Gaetan Alfano (Bet-the-Company Litigation) Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Shelly R. Pagac Richard J. Parks William Pietragallo, II (Bet-the-Company Litigation) Francis E. Pipak, Jr. Kevin E. Raphael Marc Stephen Raspanti Douglas K. Rosenblum Eric G. Soller Clem C. Trischler Peter St. Tienne Wolff The following were chosen as The Best Lawyers in America: Ones to Watch: John Kettering Leslie A. Mariotti Peter W. Nigra Frank H. Stoy   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Bitcoin, Cryptocurrencies, and Civil Litigation: Seminal Case Summaries and Key Takeaways

2021/07/06

In our first article, we introduced the subject of Bitcoin and cryptocurrencies in litigation. This article discusses several of the hottest recent cases involving Bitcoin and cryptocurrencies. Cryptocurrency litigants often accuse their opponents of being scoundrels, thieves, or pathological liars. These cases—arising in the divorce, commercial litigation, partnership, and law firm dispute contexts—involve all of the above. Some have reached a resolution or conclusion, while others remain pending in this developing area of the law. Divorce California, being a community property state, treats all property acquired during a marriage by either spouse as presumptively owned in community by both spouses. In In re Marriage of De Souza, 266 Cal. Rptr. 3d 890-94 (Ct. App. Aug. 10, 2020), the husband Francis bought certain Bitcoins after the filing of divorce but, contrary to California law, failed to disclose his purchase to his wife Erica. Accordingly, those Bitcoins were not initially included in the marital estate subject to division. Upon learning of the failure to disclose the Bitcoins, the court held that the failure to disclose material information was a breach of Francis’s fiduciary duty. Erica moved for an emergency order compelling Francis to immediately transfer her full interest in the community Bitcoins. Although Francis argued that “even if he failed to disclose material information, his disclosure caused no impairment to Erica’s community interest because . . . the bitcoins ‘earned millions of dollars for the community, thereby greatly enriching, not impairing, the community estate,’” the court found that this was irrelevant and indicated that “the financial success of one undisclosed investment does not erase the harm to the community estate, and Erica, occasioned by a separate undisclosed transaction.” The Court Ordered Francis to pay the wife $22,500 in cash and transfer 249.445 additional bitcoins as well as to pay Erica’s attorney’s fees. Notably, the value of the Bitcoins rose from $45,000 at the time of their purchase in April 2013 to approximately $8,000,000 near the time of the court’s transfer order in December 2017 – January 2018. Read More

Bitcoin, Cryptocurrencies, and Civil Litigation: Courts Reckon with the Dawn of an Emerging Asset Class

2021/06/15

Bitcoin and cryptocurrencies have emerged in the wake of the coronavirus pandemic as assets held by institutional, corporate, high net worth, and retail investors alike. While other articles have covered the tax, securities, or estate planning implications of buying bitcoin and other cryptocurrencies, we focus on the considerations of civil litigants and fiduciaries when it comes to these assets. As Bitcoin and other cryptocurrencies gain further acceptance in the portfolios held by persons, corporations, trusts, and estates, fiduciaries and civil litigants must be aware of how courts will handle claims when the ownership or stewardship of these assets becomes disputed. Despite the proliferation of Bitcoin among investors and in the news, case law regarding Bitcoin in civil litigation is sparse, and even more so in the context of estates and trusts.   Brief Background on Bitcoin and Cryptocurrencies Bitcoin is a digital currency that was created in January 2009. Unlike fiat currency, bitcoin is created, distributed, traded, and stored with the use of a decentralized ledger system, known as the blockchain. Physical bitcoins do not exist, rather balances are kept on a public ledger accessible to all. Bitcoins are not backed or issued by any government, central bank, or business entity. Bitcoin’s history has been turbulent thus far, with wide swings in price sometimes happening day-to-day or hour-to-hour. Bitcoins are registered to Bitcoin addresses in the blockchain. Creating a Bitcoin address requires the creation of a random valid private key and the corresponding Bitcoin address. This computation can be done in a split second. Uncovering a user’s private key, however, is currently not feasible given present computing standards. Users can tell others or make public a Bitcoin address without compromising its corresponding private key. To be able to spend their bitcoins, the owner must know the corresponding private key and digitally sign the transaction. Read More

24 Pietragallo Lawyers Named in 2021 Pennsylvania Super Lawyers and Rising Stars

2021/06/08

Including Recognition in Top 100 in Pennsylvania and Top 100 In Philadelphia Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 24 attorneys have been named as 2021 Super Lawyers and 2021 Rising Stars, including two attorneys who were also recognized in the Top 100 in Pennsylvania and Top 100 in Philadelphia. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 70 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano (Top 100 in Philadelphia) Joseph J. Bosick Mark Gordon Christopher A. Iacono P. Brennan Hart James W. Kraus Michael A. Morse Shelly R. Pagac William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum John A. Schwab Eric G. Soller Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Jeremy E. Abay John R. Brumberg Sarah R. Goodman Joseph L. Gordon John W. Kettering Peter W. Nigra Peter St. Tienne Wolff About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Chambers USA Recognizes Pietragallo as a Leading Law Firm in Pennsylvania

2021/05/20

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to be recognized by Chambers USA in its 2021 guide in the area of Litigation: White-Collar Crime & Government Investigations in Pennsylvania.  Chambers ranks leading law firms and attorneys across the U.S. based on the opinion of their clients and peers, and by the quality of their work. Chambers USA acknowledges that the team has experience “handling actions brought under the False Claims Act and tackling significant cross-border mandates.”  Clients and peers are quoted as saying, “Pietragallo Gordon has an excellent securities and white-collar practice” and as having “a good statewide footprint.” Additionally, the following partners are ranked: William Pietragallo— Litigation: General Commercial— Pennsylvania: Pittsburgh & Surrounds Marc S. Raspanti— Litigation: White Collar Crime & Government Investigations— Pennsylvania Kevin E. Raphael— Litigation: White Collar Crime & Government Investigations— Pennsylvania Read More

Pietragallo Expands Litigation Practice with New Hires

2021/04/12

In a significant expansion of the firm’s litigation practice, Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of four new associates to the firm’s Pittsburgh and Philadelphia Offices. “This is an exciting time for our firm as we continue to expand our litigation team and attract top talent in the legal market,” said Pietragallo Chairman William Pietragallo, II. “We are fully committed to providing our clients with the best possible talent and we are delighted to welcome this young and talented group of associates.” The group of four new associates includes: Stephen Raiola joins our Commercial Litigation team in our Pittsburgh office. Stephen brings our clients mid-level expertise in litigation and investigations, including product liability and mass tort, class actions, and commercial litigation. Before making the decision to return to Pittsburgh, Stephen spent five years with a leading international law firm in Washington D.C. Prior to Stephen’s move to D.C., he was an associate at an international law firm in New York City and clerked for Judge D. Michael Fisher on the United States Court of Appeals for the Third Circuit. He is a magna cum laude graduate of Georgetown University Law Center. Daniel P. Wotherspoon joins our Government Enforcement, Compliance, and White Collar litigation team in our Philadelphia office. Daniel brings our clients mid-level experience in white collar criminal defense and government investigations related to securities and False Claims Act matters. He joins us from a nationally based law firm and clerked for Judge Jane Richards Roth on the Third Circuit Court of Appeals. Daniel graduated cum laude from Villanova University School of Law. Christin M. Roberts joins our Government Enforcement, Compliance, and White Collar litigation team in our Pittsburgh office. Christin completed an internship in the Legal Department and Compliance Department at a leading global pharmaceuticals company where she concentrated her research on the False Claims Act and Whistleblower laws. Read More

News & Events

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“Investigations”, Medicare and Medicaid Fraud and Abuse, 2021 ed.
November 9, 2021
Pietragallo attorneys Kevin E. Raphael, James W. Kraus, and Daniel P. Wotherspoon revised Chapter 6 “Investigations” in the Medicare and Medicaid Fraud and Abuse, 2021 ed. Read More

Upcoming Events

Pamela Coyle Brecht to present at Health Care Compliance Association’s 2022 Managed Care Compliance Conference
January 31, 2022
On Monday, January 31, 2022, Pietragallo partner Pamela Coyle Brecht will be presenting on “The Dos and Don’ts of Medicare Advantage and Medicaid Managed Care: Lessons from Recent Enforcement Activity” at the HCCA’s Managed Care Compliance Conference. Read More
Pamela Coyle Brecht to present at Federal Bar Association’s 2022 Qui Tam Conference
February 24, 2022
On Thursday, February 24, 2022 Pietragallo partner Pamela Coyle Brecht will be presenting on “Private Equity – The Newest Face at the FCA Table” at the Federal Bar Association’s 2022 Qui Tam Conference. Read More
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