The Pennsylvania Superior Court has reinforced the strict nature of appellate filing deadlines, holding that even a genuine medical emergency affecting counsel may not justify an untimely appeal absent extraordinary circumstances. In Biernstein v. Aleebanese Food, the court narrowly interpreted Pennsylvania’s longstanding “non-negligent failure” exception for appeals filed nunc pro tunc, emphasizing that appellate deadlines remain jurisdictional and that relief from missed deadlines will continue to be granted only in exceptional cases.

A Narrow Exception […]

Bass, Berry & Sims attorney Taylor Sample recently authored an article for Cyber Defense Magazine examining how data breach litigation is increasingly being shaped by appellate court decisions rather than the breach itself.
According to the article, the focus of modern data breach cases has shifted toward the record created after an incident occurs. Courts are placing greater emphasis on factors such as the accuracy of breach notification letters, whether sensitive information was actually accessed, […]