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School District’s Claim for Reimbursement From Charter Schools for Extracurricular Activities Rejected

Saucon Valley School District v. Commonwealth Charter Academy, No. C-48-CV-2022-1284 (Northampton Com Pl. 2022).(The Court of Common Pleas of Northampton County dismisses a claim by a school district for reimbursement from a...more

Fiduciary Exception to Attorney-Client Privilege is Alive and Well in Pennsylvania (For Now)

On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...more

Defense Contractors Are Required To Implement Cybersecurity Measures In Order To Do Business with the Federal Government

The Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.204-7008 and 252.204-7012 require defense contractors who possess, store or transmit “covered defense information” to comply with the security requirements...more

PA Governor Invokes Emergency Authority to Commandeer Critical Medical Supplies and Equipment

On Wednesday, April 8, 2020, Governor Tom Wolf entered an emergency order (“Order”) pursuant to Sections 7301 (f) (4) and 7313 (10) of the Emergency Management Services Code that authorizes the Pennsylvania Emergency...more

Pennsylvania’s Recent Election Code Amendments Concern More Than COVID-19 Response

Many Pennsylvanians already know that the Commonwealth’s primary election has been moved from April 28 to June 2 due to the COVID-19 public health crisis. Here are some of the other recently enacted amendments to the PA...more

How the CARES Act Impacts Medical Device and Drug Manufacturers

On March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act. (“CARES Act”). The growing concern for potential shortages of critical drugs and medical equipment is addressed in...more

The LVS License Exception: What is it and How Does it Work?

So your company has a new overseas customer that requires several low value shipments this year. But when you check the Commerce Control List you discover this new business will require an export license. What do you do?...more

Empowered Officials Are Necessary For ITAR Compliance

The International Traffic in Arms Regulations (ITAR) requires companies to appoint Empowered Officials. See 22 CFR § 120.25. Failure to take this requirement seriously can be costly – as one company recently found out. ...more

2017 Amendment Brings Relation-Back Doctrine to State Court

Pennsylvania Rule of Civil Procedure 1033 was amended in 2017 to allow for the addition of a new party after the expiration of the statute of limitations, provided certain conditions are met. This rule change was intended to...more

Procedural History of UPMC – Highmark Litigation

Below is a summary of UPMC-Highmark dispute as of February 22, 2019. This information is limited to litigation proceedings with no discussion about prior contracts or negotiations....more

Review of Export Control Issues is Necessary Due Diligence

Successful mergers and acquisitions require a substantial amount of due diligence. Before committing to the transaction, the buyer needs to understand the obligations and risks that will be assumed. ...more

Friendly Export Reminder: Know Your End-User!

When shipping defense articles or dual-use items overseas, it is important to identify the actual end-user. This task cannot simply be outsourced to a freight forwarder. ...more

Deemed Exports and You

You may be surprised to learn that you can commit an export control violation without shipping a single product overseas. This is due to the “deemed export” rule....more

Top 10 Red Flags for Potential Export Violations

If your business exports goods or services, it cannot afford to run afoul of the Commerce Department’s Export Administration Regulations (EAR). Criminal penalties can reach up to 20 years imprisonment and $1 million per...more

Capouillez Case is a Warning to Non-Attorneys Representing Landowners in Gas Lease Negotiations

Since the first Marcellus Shale well was drilled in 2004, tens of thousands of oil and gas leases have been negotiated across Pennsylvania. Non-lawyers sometimes play a prominent role in the leasing process. Originally...more

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