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Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two...more

FTC Announces New Clayton Act Thresholds for 2017

On January 19, 2017, the Federal Trade Commission, as it is legally required to do, announced the new monetary thresholds for triggering a potential Hart-Scott-Rodino (“HSR”) filing and the amounts which will trigger a...more

Unacceptable Geographic Market Definition Dooms FTC Effort to Enjoin Hospital Merger; Will Affordable Care Act Goals Create New...

A Pennsylvania federal district judge recently denied injunctive relief that would have blocked a merger between Penn State Hershey Medical Center and PinnacleHealth System. The Court’s denial of injunctive relief was built...more

New Clayton Act Thresholds for 2016 Announced

On January 21, 2016, the Federal Trade Commission, as it is legally required to do, announced the new monetary thresholds for triggering both Hart-Scott-Rodino filings and prohibitions on certain kinds of interlocking...more

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior...

The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer...more

Pennsylvania Court Refuses to Create a Duty of Care to Protect Confidential Personal Data

On May 28, 2015, Judge R. Stanton Wettick, Jr. refused to create a new cause of action sounding in negligence allowing a claim for damages resulting from improper disclosure of confidential personal and financial...more

Court Enjoins Outpatient Primary Care Physician’s New Employment as a Hospitalist

A Pennsylvania appellate court recently granted an employer’s request for enforcement of a restrictive covenant against a hospitalist, finding that his departure from the primary care office setting did not affect the terms...more

Cardinal Health Agrees to Settle Monopolization Claims

The Federal Trade Commission ("FTC") announced on April 20, 2015 that it had entered into a stipulated consent order ("Order") with Cardinal Health, Inc. ("Cardinal"). The Order, which is pending court approval, requires...more

Supreme Court rules that state professional boards must be actively supervised to avoid federal antitrust scrutiny

The U.S. Supreme Court, on February 25, 2015, reaffirmed that state professional boards controlled by same-profession individuals which are not "actively supervised" do not enjoy Parker v. Brown-based state action immunity...more

Ninth Circuit Affirms Divestiture Order in St. Luke’s/Saltzer Medical Group Acquisition

In an opinion issued February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a year-old decision by the Idaho District Court which held that St. Luke’s Health System’s acquisition of the Saltzer Medical...more

New HSR thresholds for 2014

The Federal Trade Commission has announced new filing threshold amounts for HSR Act Premerger Notification Filings. On January 17, 2014, the Federal Trade Commission (“FTC”) announced its approval of new upwardly...more

Pennsylvania Supreme Court enforces covenant not-to-compete executed weeks after employee signed offer letter –– despite absence...

The Pennsylvania Supreme Court recently held that an employee’s covenant not-to-compete, agreed-to nearly a month after the employee returned a signed offer letter, is enforceable without the provision of new consideration....more

Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status

The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of...more

White Collar Watch - April 2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

New HSR thresholds for 2013

The Federal Trade Commission has announced new filing threshold amounts for HSR Act Premerger Notification Filings. On January 10, 2013, the Federal Trade Commission ("FTC") announced its approval of new upwardly...more

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