Employment Labor

Uncharted waters: The University of Pittsburgh’s football team forays into newly available name, image and likeness opportunities

2022/10/21

I. University of Pittsburgh’s Handing of NIL Change The University of Pittsburgh (Pitt) has taken a progressive stance on its Name, Image, and Likeness (NIL) policy; choosing to assist its student-athletes rather than hinder them in pursuit of these newfound opportunities. The recent change in the NCAA’s stance on student-athlete compensation has given the players the opportunity for personal financial gain and the ability to partner with charities. “As it relates to providing our student-athletes with the most extraordinary experience at Pitt, our goal is to be progressive, innovative and helpful in every aspect of their student-athlete experience and the world of name, image and likeness is no different…We look forward to helping our student-athletes learn more about this topic and build a transparent relationship with them and their families so we can assist in their efforts or aspirations to maximize compensation and opportunities involving their name, image and likeness,1” said Heather Lyke, Pitt’s Athletic Director. One of Pitt boosters’ first major foray into NIL came in the form of a traditional NIL collective, Alliance 412. Per NCAA guidance, Alliance 412 seeks to support all Pitt athletics without a formal relationship with the University itself. Instead, the collective hopes to connect Pitt student-athletes with businesses and strategic partners while maintaining transparency and compliance.2 On Aug. 10, 2021, the Steel City NIL Club began operation through a partnership with YOKE. This organization offers a unique approach for members of Pitt’s football team to engage in a variety of NIL opportunities. In contrast to Alliance 412, which engages in more traditional NIL deals, the Steel City NIL Club is a more direct revenue stream for the players. The YOKE platform creates a paywalled community granting paying members special access to the participating players in the form of Q and A’s, and exclusive player created content.3 The profits from these memberships are then split evenly among the participating players. Read More

Pietragallo Welcomes New Associate

2022/10/17

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of a new associate to the firm’s Pittsburgh and Philadelphia Offices. Megan E. Young joins our Employment & Labor team in our Philadelphia Office. Megan completed an externship in the City of Philadelphia’s Law Department where she handled a multitude of aspects of the litigation process including initial responsive pleadings, written discovery, depositions, pre-trial motions, municipal court, and arbitration hearings. She also spent time at a public healthcare technology company. Megan is a graduate of Temple University Beasley School of Law. About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and litigation law firm headquartered in Pittsburgh and Philadelphia with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

FMLA Interference and Retaliation CLE (Webinar)

2022/10/18

Pietragallo attorney Mark Sottile will draw on his extensive employment law experience in Pennsylvania and New Jersey’s state and federal courts in this informative presentation on the Family Medical Leave Act (“FMLA”) and the array of questions it presents for even the most conscientious employers. Referencing cases, which he has personally litigated, Mark’s presentation will provide insight on addressing the FMLA’s many nuances, particularly related to block and intermittent leave, which occupy the time and energies of human resources professionals and attorneys alike. He will delve into the FMLA and its application in federal courts to provide a road map for dealing with employees requesting and/or taking FMLA and if necessary, defending an FMLA action. Click here to register. Zoom details to follow. *Attendance is limited. When Tuesday, October 18, 2022 12:00 p.m. – 1:00 p.m. EST Host Mark T. Sottile, Attorney at Pietragallo Gordon Alfano Bosick & Raspanti, LLP Credit CLE credit in PA is currently pending approval. Read More

22 Pietragallo Lawyers Named in 2023 The Best Lawyers in America and Ones to Watch

2022/08/18

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 22 lawyers have been named as 2023 The Best Lawyers in America and 2023 Ones to Watch. 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 Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Richard J. Parks William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc Stephen Raspanti Douglas K. Rosenblum Clem C. Trischler Peter St. Tienne Wolff The following were chosen as The Best Lawyers in America: Ones to Watch: Lee K. Goldfarb John Kettering Alexander M. Owens Stephen F. Raiola Mark T. Sottile Frank H. Stoy About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and litigation law firm headquartered in Pittsburgh and Philadelphia with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

23 Pietragallo Lawyers Named in 2022 Pennsylvania Super Lawyers and Rising Stars

2022/05/23

Pietragallo is pleased to announce that 23 lawyers have been named as 2022 Super Lawyers and Rising Stars, including partner Marc Raspanti who was recognized in the Top 100 in Pennsylvania and Philadelphia. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 74 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. With the objective being to provide a reliable, wide-ranging list of attorneys that can be used as a source for finding exceptional legal counsel. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano Joseph J. Bosick Mark Gordon P. Brennan Hart Christopher A. Iacono James W. Kraus Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Lourdes Sánchez Ridge Douglas K. Rosenblum Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Jeremy E. Abay Rebecca Johnson Barksdale Ashley J. Kenny John W. Kettering Alexander Owens 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 six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

Christopher Iacono to speak at PLAN Cyber Security Webinar

2022/04/28

Pietragallo partner Christopher Iacono will be presenting on Privacy, Data and Cyber Security: The Current Legal Landscape for PLAN (Professional Liability Attorney Network) on April 28, 2022. This webinar will discuss the continually evolving privacy legislation and cyber regulation requiring 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. Martin and Chris will be discussing: 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 For more information, or if you’d like to attend, please visit: https://www.planattorney.org/webinar/52 Read More

BEWARE Pension Plan Trustees: The United States Supreme Court has Reinforced Your Responsibility

2022/01/31

On Monday, January 24, 2022 the United States Supreme Court issued its much-anticipated opinion in the Hughes, et al. v. Northwestern University, et al. case. Before the Court was the issue of whether Northwestern University violated its fiduciary duty to a class of employee-investors under ERISA by allegedly including unnecessarily expensive investment options and paying excessive fees although they simultaneously offered low cost options. In short, is it a violation of Northwestern’s fiduciary duty to offer both reasonable and unreasonable investment options if they ultimately allow the employee investor to choose which plan to invest in? The District Court ruled the university satisfied their fiduciary duty and dismissed the case. The Seventh Circuit agreed affirming the lower court. The Supreme Court ultimately disagreed and reinstated the class action finding that employee choice does not cure the universities’ potentially imprudent offerings. The basis for the Supreme Court’s reversal and remand is that the lower courts’ rationale was inconsistent with the explanation of the duties owed by a fiduciary explained in Tibble v. Edison Int’l, including the duty to monitor and oversee all plan investment options and remove any deemed imprudent. 575 U. S. 523, 530 (2015). While the Seventh Circuit also based its opinion on guidance provided in Tibble, namely the duty to offer a diverse menu of plan options, it ignored the duty to remove imprudent offerings. The Court briefly touched on the Petitioners’ allegation including: 1. Northwestern failed to monitor record keeping and investment management fees; 2. Northwestern offered plan options including “retail” share classes while identical and cheaper “institutional” share classes were available; and 3. Northwestern created confusion by offering over 400 investment options. By focusing solely on the university diversifying their plan options and providing participant choice, the Seventh Circuit and District Court ignored other equally important aspects of the duty of prudence owed by a fiduciary. Read More

Pietragallo Expands Litigation Practice with Another Round of New Hires

2022/01/24

In another significant expansion of the firm’s litigation practice, Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of new associates to the firm’s Pittsburgh and Philadelphia Offices. “Despite these challenging times, we remain fully committed to providing our clients with top flight service. We are thrilled to welcome this talented and diverse group of litigators to our team,” said Pietragallo Chairman William Pietragallo, II. The group of four new associates includes:   Quintin DiLucente joins our Commercial Litigation team in our Pittsburgh office. While attending law school at Duquesne University School of Law, Quintin worked for the Court of Common Pleas in the Criminal and Family Divisions.   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

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

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