Proportionality, Preservation, and Cost-Sharing: A Reminder on E-Discovery Considerations

2023/01/19

Pretrial practice and discovery are critical stages of the litigation process, as they allow parties to gather and exchange information relevant to the case before it goes to trial. In recent years, the issue of e-discovery has become increasingly prevalent in pretrial practice, as more information is stored electronically. This has led to significant changes in how parties manage discovery, as well as how courts interpret and apply the rules governing e-discovery. A case that highlights these challenges is Da Silva Moore v. Publicis Groupe, No. 1:2011cv01279 (S.D.N.Y 2012). In this case, the plaintiff, a former employee of the defendant, brought an employment-discrimination-and-retaliation lawsuit against her former employer. During the discovery process, the defendant argued that the plaintiff’s request for electronic documents was overly broad and unduly burdensome. The court ultimately agreed and ordered the defendant to produce only a limited set of electronic documents. The Da Silva Moore case illustrates the importance of proportionality in e-discovery. The court recognized that, while the defendant had a duty to preserve and produce relevant electronic documents, the plaintiff’s request was so broad and burdensome that it outweighed the potential benefits of producing all the requested documents. This decision demonstrates that, to avoid disputes over e-discovery, parties must be mindful of proportionality when making requests for electronic documents. The Da Silva Moore court also addressed the issue of cost shifting. The court ordered the defendant to bear the cost of producing the electronic documents, but also noted that the plaintiff may be required to reimburse the defendant for certain costs if the plaintiff ultimately loses the case. This highlights the importance of considering not only the breadth of the discovery sought but the potential the costs of that discovery, for both for the requesting party and the producing party. To mitigate the challenges of e-discovery, it is essential for attorneys and their clients to be proactive in identifying and preserving electronic documents that may be relevant to the case. Read More

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

2022/11/08

Takeaway: When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford coverage to an insured for losses resulting from bodily injury and property damage. An insured’s cybersecurity losses can encompass much more, such as losses arising from a data breach concerning confidential or personal information of a client or customer, i.e., third parties who fall outside of the scope of an insured’s traditional CGL policy. Therefore, to ensure cyber coverage exists in the wake of a cyber incident, an insured should make certain that potential cyber-related losses are included within the “four corners” of the underlying insurance policy to secure a defense and, more importantly, coverage from an insurer. Key Point: In determining whether there is a duty to defend, a court must follow the “Eight Corners” Rule and look at the “four corners” of the complaint and the “four corners” of the underlying insurance policies.[1] In other words, an insurer is obligated to defend its insured if the factual allegations of the complaint, on its face, encompass an injury that is actually or potentially within the scope of the policy.[2] Discussion: Recently, an increasing number of legal battles over whether losses related to cybersecurity incidents are covered by an insured’s policy have tested the applicability of the underlying policy. For example, an Eleventh Circuit panel addressed whether a ‘computer fraud’ policy issued by Great American Insurance Company to Interactive Communications International, Inc. and HI Technology Corp. (together, “InComm”) excluded coverage for losses involving fraud.[3] InComm sold “chits” – each of which had a specific monetary value – to consumers, who can then “redeem” them by loading their value onto a debit card.[4] Between November 2013 and May 2014, InComm lost $11.4 million when fraudsters manipulated a glitch in InComm’s computerized interactive-telephone system that enabled them to redeem chits multiple times, with each duplicative redemption of an already-redeemed chit defrauding InComm of the chit’s value.[5] Read More

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

2022/11/03

U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2023 Tier 1 Metro “Best Law Firm” in twelve practice areas in Pittsburgh and Philadelphia. These twelve practice areas are: Commercial Litigation (PGH & PHL) Employment Law – Individuals (PHL) Health Care Law (PHL) Insurance Law (PGH) Litigation – Labor & Employment (PGH & PHL) Litigation – Health Care (PGH) Litigation – Insurance (PGH) Litigation – Trusts & Estates (PGH) Mass Tort Litigation / Class Actions – Plaintiffs (PGH) Medical Malpractice Law – Defendants (PGH) Personal Injury Litigation – Defendants (PGH) and Product Liability Litigation – Defendants (PGH) In addition to the Tier 1 Metro ratings, Pietragallo was named: Tier 2 Metro in Pittsburgh and Philadelphia in the practice areas of Bet-the-Company Litigation, Criminal Defense: White-Collar, Employment Law – Management, Litigation – Intellectual Property, and Professional Malpractice Law – Defendants. Tier 3 Metro in Pittsburgh and West Palm Beach in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law, Litigation – Construction, Criminal Defense: General Practice, and Criminal Defense: White-Collar Pietragallo has also been named as Tier 2 across the nation in Litigation – Labor & Employment and Tier 3 nationally for our work in Commercial Litigation and 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. Read More

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

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

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

2022/05/23

Pietragallo is pleased to announce that 16 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 Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr. Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: 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

When Work-Life Balance is Underwater

2022/05/13

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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 Richard J. Parks William Pietragallo, II (Bet-the-Company Litigation) 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: 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

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 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 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

One of Pennsylvania’s Top 100 Attorneys can be found at Pietragallo

2020/06/02

Twenty-one Pietragallo Gordon Alfano Bosick & Raspanti, LLP attorneys were named to the 2020 Pennsylvania Super Lawyers and Rising Stars list, including founding partners William Pietragallo, II, Mark Gordon, Joseph J Bosick, Gaetan J Alfano, and Marc S Raspanti. These designations are awarded to lawyers who receive the highest feedback regarding their legal practice based on independent research, peer nominations and peer evaluations. In addition to all of the Firm’s founding Partners, the following lawyers were acknowledged by the rating service as 2020 Pennsylvania Super Lawyers: P. Brennan Hart, Christopher A. Iacono, James W. Kraus, Michael A. Morse, Francis E. Pipak, Kevin E. Raphael, Douglas K. Rosenblum, John A. Schwab, Clem C. Trischler, and Paul K. Vey. The following firm lawyers were recognized by the rating service as 2020 Pennsylvania Rising Stars: John R. Brumberg, Joseph L. Gordon, Leslie A. Mariotti, and Peter St. Tienne Wolff. In addition to the recognition above, Super Lawyers further distinguished Gaetan J. Alfano as “Top 100: 2020 Pennsylvania Super Lawyers” and “Top 100: 2020 Philadelphia Super Lawyers.” Managing Partner William Pietragallo, II was also further distinguished as “Top 50: 2020 Pittsburgh Super Lawyers List.” For more information about any of our attorneys, we invite you to visit Our Team page. If you would like to reach one of our attorneys, their direct contact information can be found within their biographies. For more information about Super Lawyers, we invite you to visit their website: www.superlawyers.com. Read More