June 24, 2021 In Business Law, Business Litigation

Supreme Court Clears the Way for Public Schools to Regulate Some Off-Campus Student Speech

On June 23, 2021, the U.S. Supreme Court decided Mahanoy Area School District v. B.L., No. 20-255.  The case is important because it (somewhat) decided the extent to which public schools may regulate students’ out-of-school speech.  In sum,…

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June 17, 2021 In Business Law, Business Litigation

U.S. Supreme Court Holds that Constitution Prohibits City of Philadelphia from Refusing to Contract with Private Foster Care Agency that Would Not Place Children with Married Same-Sex Couples

In many jurisdictions, including Philadelphia, the government relies on private foster care agencies to place foster children with suitable families.  However, the City of Philadelphia (the “City”) had a policy of refusing to contract with private foster care…

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U.S. Supreme Court Limits Reach of Computer Fraud and Abuse Act

On June 3, 2021, the United States Supreme Court issued its opinion in Van Buren v. United States, No. 19-783, an important case about the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”).  The issue…

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Pennsylvania Supreme Court Rules that Contract Between Two Businesses Prohibiting One from Hiring Away Employees from the Other is Unenforceable as Against Public Policy

On April 29, 2021, the Pennsylvania Supreme Court unanimously held, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, 31 WAP 2019 (Pa. Apr. 29, 2021), that a “no-hire” provision in a contract between two businesses, which prohibited…

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Pennsylvania Supreme Court Rules that a Defective Mechanics’ Lien May Be Challenged at Any Time

In Pennsylvania, as in many states, contractors and subcontractors have a powerful tool if they are not paid for construction, alteration or repair work that they conduct on real property of another.  In addition to filing a lawsuit,…

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April 1, 2021 In Business Law, Business Litigation

A Commercial Lease Will Be Enforced By the Court, Even in a Pandemic – Just Ask Cole Haan

In 1600 Walnut Corporation v. Cole Haan Company Store, the United States District Court for the Eastern District of Pennsylvania recently determined that well-drafted lease language can easily defeat a commercial tenant’s argument that it does not have…

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March 29, 2021 In Business Law, Business Litigation

Pennsylvania Supreme Court Holds that the Use of “Nanny Cams” Generally Do Not Violate the Wiretap Act

On March 25, 2021, the Pennsylvania Supreme Court issued its decision in Commonwealth v. Mason, No. 69 MAP 2019 (2021).  The Court, in a 5-2 decision, held that the use of “nanny cams” in one’s home generally will…

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March 10, 2021 In Business Law, Business Litigation

Recent Court Decisions Have Made It Easier to Bring a Lawsuit Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law

The Pennsylvania Unfair Trade Practices and Consumer Protection Law (the “UTPCPL”) is a statute that has leveled the playing field for consumers suing companies and others for fraudulent or deceptive business practices.  In Pennsylvania, like in many states,…

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