Ballard Spahr LLP

Contact
Share
Info
1735 Market Street
51st Floor
Philadelphia, PA 19103-7599, United States
Phone: 215.665.8500
Fax: 215.864.8999
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Delaware
  • Georgia
  • Maryland
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Utah
Number of Attorneys
400+ Attorneys

Pennsylvania Office of Open Records Blasts Charter Schools

Charter school managers and officials should be aware that the Executive Director of Pennsylvania’s Office of Open Records has recently made public statements criticizing charter schools that take the position that they should…more

Charter Schools, Disclosure Requirements, Exemptions, Public Records, Right To Know

See all updates »

Real Estate News in Metro DC

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C…more

Condominiums, Construction Defects, Construction Industry, Construction Project, Disclosure Requirements

See all updates »

House Passes American Health Care Act

As widely reported, the U.S. House of Representatives has passed the American Health Care Act (AHCA), a bill that, if enacted, would make the first major legislative changes to the Affordable Care Act (ACA). Modified to provide…more

Affordable Care Act, American Health Care Act (AHCA), Cadillac Tax, CBO Report, Employer Mandates

See all updates »

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

See all updates »

TRID Rule Amendments and Proposal Published

As we reported previously, on July 7, 2017 the Consumer Financial Protection Bureau (CFPB) posted on its website long awaited amendments to the TILA/RESPA Integrated Disclosure (TRID) rule, and a proposal to address the…more

Banking Sector, CFPB, Closing Documents, Mortgage Lenders, Mortgage Servicers

See all updates »

Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property so…more

Banking Sector, Banks, Final Judgment, Florida, Foreclosure

See all updates »

Vermont Enacts Loan Solicitation License, Amends Other Financial Regulation Licensing Provisions

Entities engaged in the business of loan solicitation are now required to be licensed with the Vermont Department of Financial Regulation following the recent enactment of Act 22. Loan comparison websites, lead generators, and…more

Banking Sector, Financial Services Industry, Licensing Rules, Loan Guarantee Solicitation, Money Transmitter

See all updates »

CA Supreme Court Issues First Decision Extending FTC v. Actavis to State Antitrust Litigation

The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent…more

Antitrust Litigation, Antitrust Provisions, Bayer, CA Supreme Court, Cartwright Act

See all updates »

HUD continues reorganization of key leadership

As part of its efforts towards continued reorganization, the U.S. Department of Housing and Urban Development (HUD) has recently announced changes to the Office of Multifamily Housing leadership staff. Mark Van Kirk, the…more

Administrative Appointments, HUD

See all updates »

Business Tax Reform – the Current State of Play

President Donald J. Trump campaigned on a platform of large tax cuts for businesses. With President Trump in the White House and Republicans controlling both the House of Representatives and Senate, does it mean businesses can…more

Affordable Care Act, Border Adjustment Taxes, Business Expenses, Capital Investments, Corporate Taxes

See all updates »

New Legal Challenges to Public Union Agency Fees

Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The plaintiffs…more

Fair Share Contribution, Fees, First Amendment, Fourteenth Amendment, Friedrichs v CA Teachers Association

See all updates »

A Criminal Defendant Cannot Forfeit Property He Never Received

On June 5th, the United States Supreme Court held in Honeycutt v. United States that a criminal defendant is not jointly and severally liable for property his co-conspirator derived from the crime, and that he only can be…more

Appeals, Criminal Investigations, Forfeiture, Forfeiture Statutes, Honeycutt v. United States

See all updates »

CFPB proposes further changes to the Prepaid Account Rule in response to industry feedback

As we previewed earlier this year, the CFPB, on June 15, proposed substantive changes to the Prepaid Final Rule (the “Rule”). The proposed changes are generally positive for prepaid providers and incorporate feedback and…more

CFPB, Comment Period, Consumer Financial Products, Customer-Loyalty Programs, Disclosure Requirements

See all updates »

Arizona Supreme Court Clarifies Due Process Rights in Administrative Hearings

The due process clause of the 14th Amendment to the U.S. Constitution does not allow "the same person to serve as an accuser, advocate, and final decisionmaker in agency adjudication," the Arizona Supreme Court has ruled in…more

Administrative Hearings, ALJ, Attorney Generals, AZ Supreme Court, Due Process

See all updates »

Freddie Mac closes first direct purchase of a tax-exempt loan

Freddie Mac recently closed its first direct purchase of a tax-exempt loan. The loan financed the acquisition and rehabilitation of a 417-unit senior housing community in Dayton, Ohio known as The Lakewoods. The deal represents…more

Freddie Mac, HUD, Loans, Real Estate Market, Tax Exemptions

See all updates »

Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has…more

Accessibility Rules, ADA, Disability, Disability Access Claims, Disability Discrimination

See all updates »

New California Landlord Disclosure Requirements Effective July 1

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results. The…more

Certified Access Specialists, Commercial Leases, Compliance, Disability, Disclosure Requirements

See all updates »

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the…more

Breach of Contract, Contacts List, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements

See all updates »

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has…more

At-Will Employment, Breach of Contract, Hiring & Firing, Non-Solicitation Agreements, Pre-Employment Agreements

See all updates »

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

See all updates »

Supreme Court to Resolve Circuit Split Over Filing Bankruptcy Proof of Claim on Time-Barred Debt

The U.S. Supreme Court granted certiorari last week in Midland Funding, LLC v. Aleida Johnson, a decision of the 11th Circuit that held that Midland’s filing of a proof of claim in the plaintiff’s bankruptcy case on a…more

Bankruptcy Code, Certiorari, Consumer Bankruptcy, FDCPA, Financial Sector

See all updates »

Federal Housing Finance Agency Proposes GSE Goals

The Federal Housing Finance Agency (“FHFA”) has proposed new single-family and multifamily housing goals for Fannie Mae and Freddie Mac (collectively, the “GSEs”) for 2018-2020…more

Comment Period, Fannie Mae, FHFA, Freddie Mac, GSE

See all updates »

New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98, signed into law this…more

Amended Legislation, Condominiums, Homeowners' Association, Rental Property

See all updates »

New IRS Management Guidance is Flexible, Furthers P3s

State and local governments and 501(c)(3) organizations have been given very flexible guidance by the IRS for longer-term private management of tax-exempt bond financed projects to facilitate general operations and major…more

501(c)(3), Compensation, Construction Industry, Infrastructure, IRS

See all updates »

Federal Circuit Limits On-Sale Bar’s Reach

If you were concerned that outsourcing the manufacture of your invention before you filed your patent application triggered a "sale" that could put your patent at risk, you can rest easy. In The Medicines Company v…more

ANDA, Generic Drugs, Hospira, On-Sale Bar, Patent Applications

See all updates »

Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public online…more

Appeals, Authors, Authors Guild, Class Action, Copyright

See all updates »

Utah's New Post-Employment Restrictions Act Effective Tomorrow

Utah's newly enacted Post-Employment Restrictions Act (Act) takes effect tomorrow and significantly limits the duration of newly entered noncompetition agreements. Employers should review their noncompetition agreements going…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, New Legislation

See all updates »

EPA Doubles Down on Methane Regulation for Oil and Gas Industry

The U.S. Environmental Protection Agency (EPA) released a packet of measures targeting methane emissions from operations of the oil and gas industry on May 12, 2016. These measures include three final regulations affecting new…more

Energy Sector, EPA, Fracking, Greenhouse Gas Emissions, Methane

See all updates »

U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate and,…more

Appeals, Attorney's Fees, Baker Botts v ASARCO, Bullard v Blue Hills Bank, Debtors

See all updates »

Creating a Social Network of Tax Savings: The Use of LLCs in Structuring Philanthropic and Public Good Activities

The use of a limited liability company (LLC) by Mark Zuckerberg and his wife Priscilla Chan as the vehicle for advancing of “philanthropic, public advocacy, and other activities for the public good” has recently received a great…more

Charitable Donations, Charitable Organizations, Limited Liability Company (LLC), Mark Zuckerberg, Tax Deductions

See all updates »

Ninth Circuit Allows Leases To be Stripped in Section 363 Sale

Courts consistently have held that the sale of real property under the Bankruptcy Code cannot "strip off" the leasehold interests in that property. Until now, only one case held to the contrary and was generally considered an…more

Bankruptcy Code, Commercial Bankruptcy, Leases, Personal Property, Section 363

See all updates »

Federal Circuit Finds Software Patent Not Abstract

Reversing a district court holding, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that two patents directed to a method for organizing data in a computer database did not claim an unpatentable…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus, Microsoft

See all updates »

Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning Oft-Cited District Court Opinion

The U.S. Court of Appeals for the Third Circuit has ruled that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result, the Third Circuit reversed the district court’s refusal to enter…more

Banking Sector, Banks, Class Action, Declaratory Judgments, Deeds

See all updates »

HUD Secretary States: RAD – “We need to lift the cap”

At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC. While much of…more

Affordable Housing, HUD, LIHTC, Low-Income Issues, Public Housing

See all updates »

OFAC Targets Alleged Mexican Drug Boss and “His Vast Network,” Including International Soccer Superstar

Describing him as a “longtime Mexican Drug Kingpin,” the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury has designated Raul Flores Hernandez and the “Flores Drug Trafficking Organization,” or “Flores…more

Asset Freeze, Criminal Investigations, Drug Trafficking, Foreign Narcotics Kingpin Designation Act, Money Laundering

See all updates »

Bourne Valley Redux

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and…more

Appeals, Banking Sector, Due Process, En Banc Review, Foreclosure

See all updates »

Supreme Court Clarifies Extraterritorial Reach of RICO

In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt…more

Corporate Counsel, EU, Extraterritoriality Rules, Foreign Entities, Mail Fraud

See all updates »

Housing options for veterans

With Independence Day right around the corner and with several bond financings benefitting homeless veterans recently in the news (see Proposition 41 Bond Measure and Apartments for Homeless Veterans), it seemed fitting to…more

Affordable Housing, Bond Financing, Bonds, Department of Veterans Affairs, Homeless Issues

See all updates »

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by…more

Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment

See all updates »

U.S. Issues Unmanned Aircraft Fact Sheet for State, Local Regulators

While Unmanned Aircraft Systems (UAS), more commonly—if inaccurately—known as drones, continue to fly near the edges of federal preemption, the Federal Aviation Administration (FAA) continues to provide guidance for this…more

Drones, Federal Aviation Administration (FAA), Registration Requirement, Unmanned Aircraft Systems

See all updates »

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's…more

Consumer Reports, Corporate Counsel, Disclosure Requirements, Employer Liability Issues, FCRA

See all updates »

House Passes American Health Care Act

As widely reported, the U.S. House of Representatives has passed the American Health Care Act (AHCA), a bill that, if enacted, would make the first major legislative changes to the Affordable Care Act (ACA). Modified to provide…more

Affordable Care Act, American Health Care Act (AHCA), Cadillac Tax, CBO Report, Employer Mandates

See all updates »

Hague Agreement Streamlines Registration of Industrial Designs

On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the…more

Design Patent, Final Rules, Hague Agreement, Industrial Design, Patents

See all updates »

Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,…more

Construction Industry, EB-5, EB-5 Regional Centers, Housing Developers, Immigrant Investor Program

See all updates »

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment…more

Adverse Employment Action, Decriminalization of Marijuana, Disability, Discrimination, Drug Testing

See all updates »

Georgia Passes New Social P3 Legislation

Georgia Governor Nathan Deal signed into law new public-private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (the Act) on May 5, 2015. The Act allows state and local…more

Governor Deal, New Legislation, Public Private Partnerships (P3s), Public Projects, State and Local Government

See all updates »

IP Due Diligence in M&A Transactions

Wendy A. Choi, who leads Ballard Spahr's Patents Group, talks about the importance of intellectual property due diligence during M&A transaction…more

Due Diligence

See all updates »

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had…more

ADA, Disability Discrimination, DOJ, Public Accommodation, Title III

See all updates »

IRS Approves New Rules To Minimize Taxes Related to M&A Transactions

The Internal Revenue Service recently adopted long-awaited regulations intended to provide a new means of minimizing taxes in M&A transactions. The newly adopted regulations take effect on May 15, 2013, under Section 336(e) of…more

IRS

See all updates »

Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the…more

Commercial Leases, Contract Drafting, Default, Fair Market Value, Landlords

See all updates »

New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98, signed into law this…more

Amended Legislation, Condominiums, Homeowners' Association, Rental Property

See all updates »

Philadelphia Amends Fuel Oil Ordinance, Allows Use of Old Oil After New Standards Take Effect July 1

An amendment to Philadelphia Code relating to the use of No. 2 fuel oil—the most widely used oil for heating, industrial operations, and emergency generation, was signed into law by Mayor Michael Nutter on June 18. This…more

Local Ordinance, Manufacturing Facilities, Oil & Gas

See all updates »

Philadelphia Earned Income Tax Credit Bill Signed

Philadelphia Mayor Jim Kenney has signed a bill expanding employers' notice requirements to employees concerning the federal Earned Income Tax Credit (EITC)…more

Earned Income Credit, Local Ordinance, New Legislation, Notice Requirements, Required Forms

See all updates »

Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek

The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a split…more

Banking Sector, DOL, Exempt-Employees, FLSA, Minimum Salary

See all updates »

EPA Doubles Down on Methane Regulation for Oil and Gas Industry

The U.S. Environmental Protection Agency (EPA) released a packet of measures targeting methane emissions from operations of the oil and gas industry on May 12, 2016. These measures include three final regulations affecting new…more

Energy Sector, EPA, Fracking, Greenhouse Gas Emissions, Methane

See all updates »

In Lease Case, Maryland's Highest Court Brings State Law in Line With FOIA

Confidentiality is important for landlords and tenants in commercial lease transactions. For that reason, a recent Maryland Court of Appeals decision should be kept in mind when leases and other documents are submitted to public…more

Commercial Leases, Confidential Information, Disclosure, Entitlements, FOIA

See all updates »

Investment Management Update

SEC Issues Guidance on Mutual Fund Fee Structure - The Securities and Exchange Commission’s (SEC) Division of Investment Management recently issued a guidance update addressing disclosure issues and certain procedural…more

Administrative Proceedings, Beneficial Owner, Brokers, Business Continuity Plans, Conflicts of Interest

See all updates »

NAFCU urges regulatory relief for credit unions in letter to Secretary of the Treasury Mnuchin

On February 28, 2017, B. Dan Berger, President and Chief Executive Officer of the National Association of Federally-Insured Credit Unions (the “NAFCU“), urged regulatory relief for credit unions in a letter submitted to the…more

Arbitration, Banking Sector, CFPB, Community Banks, Consumer Complaint System

See all updates »

$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment…more

FTC, Scams, Telemarketing Sales Rule, Timeshare

See all updates »

Federal district court denies state AGs’ request to redirect unused CFPB settlement funds to NAAG

We previously reported that the Connecticut Attorney General, on behalf of himself and the Attorneys General of Indiana, Kansas and Vermont (the “state AGs”), had filed a joint motion to intervene in a CFPB enforcement action…more

Allocation of Funds, Attorney Generals, Banking Sector, CFPB, Qualified Settlement Funds

See all updates »

CFPB issues reports on student loan repayment and repayment assistance programs

The CFPB has issued two new reports concerning student loans. The first report, “CFPB Data Point: Student Loan Repayment,” examines how the payment patterns of student loan borrowers have changed over the last 14 years. The…more

Banking Sector, Borrowers, CFPB, Consumer Financial Products, Consumer Lenders

See all updates »

U.S. Supreme Court Affirms Limits on State Open Records Laws

Businesses and organizations that request public records from other states could find their access to such records restricted as a result of a recent U.S. Supreme Court ruling…more

FOIA, Public Records, SCOTUS

See all updates »

Colorado Proposes Cybersecurity Rules for Investment Advisers, Broker-Dealers

The Colorado Division of Securities recently issued proposed rules directed at establishing cybersecurity requirements for broker-dealers and investment advisers. The proposed rules were issued only a month after New York…more

Broker-Dealer, Cybersecurity, Data Protection, Electronic Communications, Financial Services Industry

See all updates »

Administrative Law Judge Sides With Google in Denial-of-Access Case

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was…more

Affirmative Action, ALJ, Corporate Counsel, DOL, Federal Contractors

See all updates »

Bankruptcy Trustees Target Colleges and Universities

Over the past few years, higher education institutions have seen an increase in litigation from an unexpected source: bankruptcy trustees. Trustees appointed in personal bankruptcy cases are seeking to claw back tuition payments…more

Clawbacks, Colleges, Consumer Bankruptcy, Educational Institutions, Tuition

See all updates »

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is "Misleading" Under FDCPA

A federal district court in New Jersey dismissed a putative class-action lawsuit against Total Card, Inc. (TCI), a South Dakota-based debt collector. The plaintiff alleged that TCI violated the Fair Debt Collection Practices Act…more

Debt Collection, Dismissals, FDCPA, Misleading Statements, Putative Class Actions

See all updates »

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III…more

Article III, Class Action, Credit Reports, Employee Liability Information, FCRA

See all updates »

Pennsylvania Supreme Court Rules Only Original Purchasers May Recover Damages for Breach of the Builder’s Implied Warranty of Habitability

The Pennsylvania Supreme Court ruled that a builder’s implied warranty of habitability extends only to the initial buyer of a home, and not to subsequent purchasers. In Conway v. The Cutler Group, Inc., the Court reversed an…more

Buyers, Construction Contracts, Construction Defects, Construction Industry, Contract Disputes

See all updates »

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v…more

CFPB, Discrimination, Disparate Impact, ECOA, Fair Housing Act (FHA)

See all updates »

Recess Update on the Affordable Care Act and Its Repeal and Replacement

The momentary lull in congressional activity on health care provides an opportune time for an update on the efforts to repeal and replace the Affordable Care Act (ACA)…more

Affordable Care Act, Cadillac Tax, Employee Benefits, Health Insurance, Health Savings Accounts

See all updates »

California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling…more

Compliance, Cybersecurity, Data Privacy, Data Security, Financial Institutions

See all updates »

Section 202: using federal sources to assist the growing elderly population

During one of the sessions at Ballard Spahr’s Ninth Annual National Housing Symposium, Mara Blitzer from the U.S. Department of Housing and Urban Development (HUD) discussed federal housing resources for aging Americans with a…more

Affordable Housing, HUD

See all updates »

Eighth Circuit Clarifies Spokeo Ruling to Require Injury-in-Fact to Satisfy Article III Standing

In a victory to the defense bar, the U.S. Court of Appeals for the Eighth Circuit has published the first appellate opinion to apply the principles the U.S. Supreme Court articulated in Spokeo, Inc. v. Robins regarding Article…more

Article III, Cable Television Providers, Corporate Counsel, Injury-in-Fact, Personally Identifiable Information

See all updates »

Obama Signs 21st Century Cures Act, Adding $6.3 Billion For Medical Research

The Cures Act aims to increase the speed by which new drugs are brought to market by streamlining clinical trials, allowing the use of patient data in the regulatory review process, and modernizing U.S. Food and Drug…more

21st Century Cures Initiative, Addiction Equity Act, Affordable Care Act, Benefit Plan Reimbursements, Clinical Trials

See all updates »

Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado Court…more

Coats v Dish Network, Controlled Substances Act, Disability, Dish Network, Drug Testing

See all updates »

In re Tam en banc decision—Lanham Act 2(a) is unconstitutional

In a highly anticipated decision, the Federal Circuit Court of Appeals, sitting en banc, ruled today that Section 2(a) of the Lanham Act, which bars registration of marks that “disparage” a group of persons, unconstitutionally…more

Disparagement, First Amendment, Free Speech, Lanham Act, NFL

See all updates »

Proposed IRS Rules Endanger Business Valuation Discounts for Family-Owned Entities

Historically, the IRS has closely scrutinized transfers of interests in family-owned entities between family members. In particular, it has sought to curtail the use of discounts to decrease the estate and gift tax value of such…more

Business Succession, Business Valuations, Closely Held Businesses, Estate Planning, Estate Tax

See all updates »

New Law Affects FHA Requirements for Condominium Financing

President Obama signed the Housing Opportunity Through Modernization Act (H.R. 3700) into law on July 29. Title III of the Act will significantly modify Federal Housing Administration (FHA) condominium mortgage insurance…more

Condominiums, Fannie Mae, Federal Housing Administration (FHA), Freddie Mac, HUD

See all updates »

Redrawing of Arizona Legislative Districts Upheld by U.S. Supreme Court

The U.S. Supreme Court, in an opinion written by Justice Breyer, has unanimously upheld the Arizona Independent Redistricting Commission's plan to redraw Arizona's legislative districts. Lawyers from Ballard Spahr's Political…more

Equal Protection, Fourteenth Amendment, Harris v Arizona Independent Redistricting Commission, Redistricting, SCOTUS

See all updates »

D.C. District Court Allows Payday Lenders’ Due Process Claims To Proceed In Case Against “Operation Choke Point”

On July 5, 2017, the U.S. District Court for the District Columbia, in the lawsuit filed in 2014 challenging “Operation Choke Point” — a federal enforcement initiative involving various agencies, including the Consumer…more

Administrative Procedure Act, Banking Sector, DOJ, Due Process, FDIC

See all updates »

New Economic Development Opportunities Possible Thanks to Improved Marketability of Philadelphia Tax Increment Finance Transactions

The tools available to the City of Philadelphia to finance community and economic development projects have been enhanced under a new law that authorizes the imposition of special assessments to support tax increment finance…more

Bonds, Economic Development, New Legislation, Public Finance, Public Improvement Projects

See all updates »

Title VII Protects Against Sexual Orientation Discrimination, 7th Circuit Holds

In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual orientation…more

Civil Rights Act, Discrimination, Gender Identity, LGBT, LGBTQ

See all updates »

Middle District of Pennsylvania Ignores Key Constitutional Questions in Navient Case

As we’ve discussed before, the CFPB sued Navient over its student loan servicing practices in the Middle District of Pennsylvania. In doing so, the CFPB followed its strategy of announcing new legal standards by enforcement…more

CFPA, CFPB, Constitutional Challenges, Consumer Financial Products, Navient

See all updates »

Treasury Department Announces $3.5 Billion in New Markets Tax Credit Allocation Awards

Eighty-five community development entities (CDEs) have been selected to receive $3.5 billion in New Markets Tax Credit (NMTC) allocation authority in the 2012 round of the NMTC Program. The announcement of the latest round of…more

Community Development Entities, New Market Tax Credits

See all updates »

DOL Clarifies VETS-4212 Filing and Data Collection Periods

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1…more

Data Collection, DOL, EEO-1, Federal Contractors, Veterans

See all updates »

Second Circuit Holds That TCPA Does Not Permit Unilateral Revocation of Consent Obtained Contractually

The U.S. Court of Appeals for the Second Circuit recently held, in Reyes v. Lincoln Automotive Financial Services, that the Telephone Consumer Protection Act (TCPA) "does not permit a consumer to revoke its consent to be called…more

Automotive Loans, Consumer Contracts, Financial Services Industry, Prior Express Consent, Revocation

See all updates »

Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document…more

Discovery, Document Productions, Federal Rules of Civil Procedure

See all updates »

Ninth Circuit Allows Leases To be Stripped in Section 363 Sale

Courts consistently have held that the sale of real property under the Bankruptcy Code cannot "strip off" the leasehold interests in that property. Until now, only one case held to the contrary and was generally considered an…more

Bankruptcy Code, Commercial Bankruptcy, Leases, Personal Property, Section 363

See all updates »

Criminal Charges Brought in Food Safety Case

In another show of force against food processors, federal prosecutors in Colorado recently brought criminal charges against two brothers who owned a cantaloupe farm linked to a 2011 listeria outbreak that killed 33 people. The…more

Criminal Prosecution, FDCA, Food Manufacturers, Food Safety, Listeria

See all updates »

FHFA proposed rule on Enterprise housing goals is open for comments

Issued earlier this month, a proposed rule from the Federal Housing Finance Agency considers updates to the Agency’s Enterprise housing goals. The rule applies to mortgages purchased by Fannie Mae and Freddie Mac for housing…more

Affordable Housing, Enterprise Zones, Fannie Mae, FHFA, Freddie Mac

See all updates »

Businesses continue to face uncertainty, litigation risk in the wake of DOJ’s “inactive” web accessibility rulemaking

On July 20, the Trump Administration posted its first Unified Agenda of Regulatory and Deregulatory Actions. For the first time, the Agenda included a list of “inactive” actions to notify the public of regulations “still being…more

ADA, Deregulation, Disability Discrimination, DOJ, Public Accommodation

See all updates »

Lessons in Civil Forfeiture and Attachment: U.S. May Seize 650 Fifth Avenue

On June 29, dual trial verdicts in the Southern District of New York paved the way for the government to seize 650 Fifth Avenue, a 36-story building in Manhattan valued at up to $1 billion (“the Property”). The defendants,…more

Asset Seizure, Civil Forfeiture, FSIA, International Emergency Economic Powers Act (IEEPA), Iran

See all updates »

Supreme Court Affirms Invalidation of Maryland's Program to Incentivize New Power Generation

The U.S. Supreme Court, in a narrowly crafted opinion by Justice Ginsburg, has unanimously invalidated Maryland's program to promote construction of new natural gas capacity by guaranteeing new generating capacity. The Maryland…more

Energy Sector, Federal Power Act, FERC, Hughes v Talen Energy, Natural Gas

See all updates »

OIG Examines Travel and Travel Costs

In a new audit report, HUD’s Office of Inspector General (OIG) questioned certain costs paid by a public housing authority (PHA) for travel by the PHA’s commissioners. The OIG alleges violations of uniform cost principals at 2…more

Affordable Housing, Audits, HUD, OIG, Public Housing

See all updates »

SEC Announces Second Wave of MCDC Enforcement Actions

The Securities and Exchange Commission (SEC) this week announced enforcement actions under its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, targeting 22 municipal bond underwriting firms for alleged due…more

Borrowers, Compliance, Disclosure Requirements, Due Diligence, EMMA

See all updates »

DOL Clarifies VETS-4212 Filing and Data Collection Periods

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1…more

Data Collection, DOL, EEO-1, Federal Contractors, Veterans

See all updates »

EEOC Rule Requires Employers to Report Summary Pay Data

The Equal Employment Opportunity Commission (EEOC) has finalized its anticipated rule regarding the addition of pay data to its annual Employer Information Report (EEO-1). Beginning on March 31, 2018, private employers with more…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

See all updates »

Regulators Decline to Exempt TOBs from Risk Retention Rule but Add Helpful Revisions and Clarifications

Although regulators have rebuffed industry efforts to have tender option bonds (TOBs) exempted from the final credit risk retention rule (the CRRR), they have nevertheless provided some helpful changes and clarifications that…more

ABS, Asset-Backed Securities, Dodd-Frank, Municipal Bonds, Risk Retention

See all updates »

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on all…more

Arbitration Agreements, Borrowers, CFPB, Consumer Financial Products, Department of Education

See all updates »

The Marijuana Industry and the Securities Laws

Part Three of a Three-Part Series - In the third and final part of this series on marijuana-related businesses (“MRBs”), we explore how the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”) have…more

Banking Sector, BSA/AML, Dispensaries, DOJ, Financial Institutions

See all updates »

SEC Expands Popular JOBS Act Benefit to All Companies Filing Registration Statements

Starting July 10, 2017, all companies filing certain registration statements may take advantage of a popular benefit currently allowed only to Emerging Growth Companies (EGCs) under the Jumpstart Our Business Startups (JOBS)…more

emer, Emerging Growth Companies, IPO, JOBS Act, Registration Statement

See all updates »

HUD soliciting public comments on revised and new RAD forms

On March 17, 2016, HUD published a notice in the Federal Register to announce that as part of the process to renew the use of the form documents used under both the 1st and 2nd Component of its Rental Assistance Demonstration…more

HUD, Public Comment, Public Housing Authorities, Rental Assistance Demonstration, Required Forms

See all updates »

California Supreme Court to Decide Key Finance Lender Law Usury and Unconscionability Issue

Although the California Finance Lenders Law (the CFLL) does not limit the interest rates that may be charged on loans of $2,500 or more, Section 22302 of the law expressly states that loans made under the CFLL may be held…more

Banking Sector, CA Supreme Court, CashCall, Class Action, Consumer Financial Products

See all updates »

OFAC Targets Alleged Mexican Drug Boss and “His Vast Network,” Including International Soccer Superstar

Describing him as a “longtime Mexican Drug Kingpin,” the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury has designated Raul Flores Hernandez and the “Flores Drug Trafficking Organization,” or “Flores…more

Asset Freeze, Criminal Investigations, Drug Trafficking, Foreign Narcotics Kingpin Designation Act, Money Laundering

See all updates »