New SHIELD Act Provisions Take Effect in March, Additional Legislation Pending

2020/02/26

As published in The New York Law Journal An amendment to New York’s data breach notification law, the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act), will take effect on March 21, 2020. The amendment to the SHIELD Act creates stricter data security over confidential personal information and breach notification requirements to protect New Yorkers following a breach. The amendments to the SHIELD Act broaden the law’s reach applying to any company that collects personal information of New York residents, even if the company does not conduct business within the state of New York. The information protected under the SHIELD Act includes: social Security numbers, drivers’ licenses numbers, credit or debit card numbers, financial account numbers with or without security codes, biometric information, email addresses, email passwords, and email security questions and answers. The amendments also broaden the definition of “breach,” which is newly defined as requiring only unauthorized access to confidential information to constitute a breach, even if the accessor fails to take or use the information obtained. Once a breach occurs, companies must notify consumers “immediately following discovery.” Notice to consumers must include: … contact information for the person or business making the notification, the telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information, and a description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so accessed or acquired. There are two exceptions to the SHIELD Act’s notification requirement: (1) when the breach was inadvertent by someone who had authority to access the information and reasonably determines that the exposure will not likely result in misuse or harm; or (2) if notice of the breach is made to affected persons through another breach notification law, such as the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act of 1996. Read More

Pietragallo Partner Jim Marrion to speak about the Pa. Unfair Trade Practices and Consumer Protection Law

2020/02/20

On Thursday, February 20, Pietragallo Partner Jim Marrion will sit on a panel about the Pennsylvania Unfair Trade Practices and Consumer Protection Law. During this three-hour CLE, offered through the Allegheny County Bar Association, panelists will discuss, in-depth, the issues under the Unfair Trade Practices and Consumer Protection Law that attorneys need to be aware of including: ascertainable loss, attorneys’ fees, justifiable reliance, what claims are and are not covered, actual damages, treble damages, intent, comparison with fraud, the catchall clause and differences between pre- and post-amendment requirements. For more information about Jim Marrion, we invite you to view his biography and contact him directly. For more information about the ACBA CLE program, please visit the ACBA website here. Read More

Defending Trucking and Vehicle Cases in the 21st Century with Jim Marrion

2020/02/19

The Pietragallo Law Firm and S-E-A Limited are co-hosting an event on Wednesday, February 19, 2020 titled, “Defending Trucking and Vehicle Cases in the 21st Century.” During this dynamic event which begins at 11:30am, industry leaders will review a variety of topics unique to the trucking industry including: “Accident Reconstruction through 21st Century Visualization” and “Over the Limit? Conducting Impaired Driving Investigations.” This exciting event concludes with Pietragallo’s Product Liability group Chair and Autonomous Vehicle specialist, Jim Marrion, participating in a panel discussion titled, “The Past, Present and Future of Autonomous Vehicles.” For more information about this event, please contact news@pietragallo.com. Read More

The Pietragallo Law Firm is recognized as a “Best Law Firm” by U.S. News & World Report

2019/11/01

U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2020 Tier 1 Metro “Best Law Firm” in six practice areas in Pittsburgh and Philadelphia. These six practice areas are: Commercial Litigation (PGH & PHL) Bet-the-Company Litigation (PGH) Health Care Law (PHL) Medical Malpractice Law – Defendants (PGH) Personal Injury Litigation – Defendants (PGH) and Workers’ Compensation Law – Employers (PGH). In addition to the Tier 1 Metro ratings, Pietragallo was named a Tier 2 Metro “Best Law Firm” in Pittsburgh in the practice of Product Liability Litigation – Defendants. Pietragallo has also been named as Tier 2 across the nation in Commercial Litigation and Tier 3 nationally for our work in Health Care Law. The U.S. News & World Report’s “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients were asked to provide feedback on firm practice groups, addressing: expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm.  Lawyers also voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and if they consider a firm a worthy competitor. Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and legal expertise. For more information on the 2020 “Best Law Firms” and Pietragallo’s ratings, please visit http://bestlawfirms.usnews.com. Read More

Gaetan J. Alfano to Present at PBI’s Program, “Best Practices in Pretrial Litigation in the Federal Courts 2019”

2019/11/07

Pietragallo Gordon Alfano Bosick & Raspanti, LLP Partner Gaetan J. Alfano will be presenting at the Pennsylvania Bar Institute’s (“PBI”) November 7 Program, “Best Practices in Pretrial Litigation in the Federal Courts 2019.” The program will start at 9:00 AM and takes place at the CLE Conference Center in the Wanamaker Building in Philadelphia. During this course, attendees will review the practices and procedures for pretrial litigation in the federal courts with a distinguished panel of judges and practitioners, learn the processes and strategies to litigate in federal court, and perfect planning habits. To register for this course, please visit the PBI website . For more information about Gaetan J. Alfano, we invite you to visit his biography or contact him directly. Read More

Pietragallo Gordon Alfano Bosick & Raspanti to Sponsor the 2019 Benefit for The Hub of Hope

2019/10/21

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce it will be an Advocate Sponsor of the 2019 Benefit for the Hub of Hope which will take place on Thursday, October 31, 2019 at the Loews Philadelphia Hotel. The Hub of Hope is a walk-in engagement center, in Philadelphia’s SEPTA’s Suburban Station, for those who are experiencing homelessness in Philadelphia. It opened its doors on January 31, 2018 and since its opening, the Hub of Hope has touched over 4,000 people through more than 125,000 visits. Since inception, the Hub of Hope has provided: over 3,500 case management visits; poured 150,000 cups of Wawa coffee; expanded meal service to provide over 50,000 meals; provided 8,000 shower ; provided 4,000 loads of laundry; conducted nearly 1,000 health clinic visits; and facilitated over 4,000 outreach transports to shelters, treatment programs, and safe havens. Each day, approximately 400 people visit the Hub of Hope and, with every visit, they move closer to permanent housing, employment, and recovery. Through a partnership between SEPTA, the City of Philadelphia, and Project HOME, the Hub of Hope opened an expanded, permanent location in Suburban Station and offers year-round services. For more information, including to volunteer or make donations in kind, please visit their website here: https://www.projecthome.org/hubofhope Read More

William Pietragallo, II Appointed as a Member of the Advisory Board of the Center for Law, Brain and Behavior

2019/10/21

William Pietragallo, II, Founding Partner of Pietragallo Gordon Alfano Bosick & Raspanti, has been appointed as a member of the Advisory Board of the Center for Law, Brain and Behavior (“CLBB”). The CLBB is based at Massachusetts General Hospital, a Harvard Medical School teaching hospital, and serves as a resource for the understanding of the interaction of neuroscience and the law.  In collaboration with Harvard Law School, the Center’s mission is to enlighten the legal process in the pertinent and developing science of the brain. Read More

Seven Pietragallo Lawyers Recognized in the Best Lawyers in America 2020 Guide

2019/08/15

Best Lawyers® has named seven Pietragallo Gordon Alfano Bosick & Raspanti, LLP lawyers in its newly released The Best Lawyers in America 2020 guide. The rankings are based entirely on peer-review content, designed to capture the consensus opinion of leading lawyers on the professional abilities of their colleagues within the same practice area and region. The following Pietragallo lawyers earned recognition: William Pietragallo for his work in the following fields: Bet-the-Company Litigation, Commercial Litigation, Personal Injury Litigation – Defendants Mark Gordon: Workers’ Compensation Law – Employers Gaetan Alfano: Commercial Litigation Marc S. Raspanti: Health Care Law Francis Pipak: Workers’ Compensation Law – Employers Clem Trischler: Commercial Litigation, Product Liability Litigation – Defendants Paul Kenneth Vey – Medical Malpractice Law – Defendants Paul Vey has been recognized by Best Lawyers since 2009 and has received additional acknowledgement in the 2020 Guide as a “Lawyer of the Year” in Medical Malpractice Law. For more information about Best Lawyers, please visit their website. For more information about our Attorneys, we invite you view Our Team pages. Read More

Defend Trade Secrets Act Revolutionizes Federal Trade Secrets Practice

May 16, 2016

On Wednesday, May 11, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. The DTSA revolutionizes trade secrets practice at the federal level. Its passage will likely multiply the number of trade secrets cases litigated in federal court. We provide a few highlights: First, the DTSA allows the owners of trade secrets to bring a civil action for misappropriation in federal court. Thus federal jurisdiction—premised on federal law—now exists for trade secrets claims. Before the DTSA, trade secret misappropriation was mainly a matter of state law, as Pennsylvania had adopted its own version of the Uniform Trade Secrets Act. The DTSA subjects claims to a three-year statute of limitations, while plaintiffs can secure punitive damages of up to two times the amount of actual damages in the event of willful and malicious misappropriation. Likewise, reasonable attorney’s fees are available for the prevailing party if the trade secret was willfully and maliciously misappropriated or if the claim of misappropriation was made in bad faith. Second, the DTSA provides the remedy of ex parte seizures. This allows a seizure to occur without advance notice to defendants and is the DTSA’s most controversial provision. Intended as a way to stop the dissemination of a trade secret, especially overseas, before its value has been lost through public disclosure, seizure is available only in extraordinary circumstances. Third, the DTSA gives immunity to whistleblowers who disclose trade secrets to the government or in a sealed court filing. Employers must now provide notice of the DTSA’s immunity to their employees in any employee contract that governs the use of a trade secret or other confidential information. Importantly, the DTSA bars employers that do not provide this notice from recovering the exemplary damages or attorney’s fees otherwise available under the Act. Fourth, the DTSA explicitly clarifies that “improper means” “does not include reverse engineering, independent derivation, or any other lawful means of acquisition. Read More

Alexander M. Owens Joins Pietragallo Gordon Alfano Bosick & Raspanti, LLP as an Associate

September 15, 2015

PHILADELPHIA, PA – Alexander M. Owens joins the Philadelphia, PA office of the law firm Pietragallo Gordon Alfano Bosick & Raspanti, LLP as an Associate in the Commercial Litigation Practice Group. Prior to joining the firm, he was a law clerk to the Honorable David R. Strawbridge of the Eastern District of Pennsylvania. Mr. Owens interned with Michael Erdos of the Court of Common Pleas in Philadelphia.  He was also an intern at the U.S. Environmental Protection Agency in Philadelphia where he was involved in the administrative, civil, and criminal enforcement of federal environmental laws. Mr. Owens received his B.A., magna cum laude, from Boston University where he majored in International Relations.  He earned his J.D., magna cum laude, from Temple University Beasley School of Law, graduating in the top 5% of his class.  At Temple, he was an Executive Articles and Symposium Editor on the Temple Political & Civil Rights Law Review, a member of the Order of the Coif, and recipient of the Beasley Scholarship and Class of 1976 Scholarship.  He received recognition for writing the best brief in his Legal Research & Writing class and for distinguished class participation in Employment Law, Trial Advocacy II, and Taxation.  His law review article, Protecting Free Speech in the Digital Age: Does the FCC’s Net Neutrality Order Violate the First Amendment?, 23 Temp. Pol. & Civ. Rights L. Rev. 209 (2013), was published in the fall of 2013. Mr. Owens is admitted to practice in Pennsylvania and New Jersey. Read More