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
  • Minnesota
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Utah
Number of Attorneys
600+ Attorneys

Commercial Building Energy Compliance and Reporting Deadlines Approaching

Summary - A growing number of states and the District of Columbia have greenhouse gas legislation that includes a requirement for owners of certain commercial buildings to comply with state energy standards and to report…more

Climate Change, Commercial Leases, Commercial Property Owners, Energy Policy, Greenhouse Gas Emissions

See all updates »

CFPB Releases Online Tool to Help Renters and Landlords Access Federal Assistance

The eviction moratorium set last September amidst the coronavirus pandemic expired July 31. Tenant nonpayment of residential rents has been an ongoing issue throughout the coronavirus pandemic, and could result in over 3.6…more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Eviction, Landlords, Moratorium

See all updates »

DC/Maryland Multifamily Real Estate Updates

Happy Holidays to all. We are still hopeful that Santa brings everyone some relief from rent control and other multifamily restrictions (we heard that the new BEPS Regulations preclude Santa from leaving coal for legislators who…more

Comment Period, Condominiums, Federal Trade Commission (FTC), Fees, Housing Market

See all updates »

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 »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

Every Default Counts: Ninth Circuit Rules Tenant Must Provide ‘Adequate Assurance of Future Performance’ to Assume a Lease Regardless of Materiality

Summary - A recent decision from the Ninth Circuit Court of Appeals illustrates the challenges faced by both bankrupt tenants and their landlords in the assumption of leases by tenants in bankruptcy proceedings. In the case…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

Stimulus Bill Adds New Disclosure Requirements for Consultants and Brokers to ERISA Health Plans

The new stimulus bill (the Consolidated Appropriations Act of 2021 or CAA) imposes new disclosure requirements for brokers and consultants providing services to ERISA health plans. The service providers are required to disclose…more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

New Pilot Program Announced by the USPTO for COVID-19 Related Applications

On May 8, 2020, the United States Patent and Trademark Office (US PTO) announced a new COVID-19 Prioritized Examination Pilot Program. The new pilot program provides an expedited prosecution of COVID-19-related patent…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Patent Applications, Patent Examinations, Patents

See all updates »

Lion Elastomers Reinstates Atlantic Steel and its Progeny Providing More Protections for Worker Outbursts

On May 1, in its Lion Elastomers decision, the Board overruled Trump-era precedent (General Motors) that made it easier for employers to discipline workers for outbursts in the context of workplace activism and union-related…more

Discipline, Employer Liability Issues, NLRA, Protected Concerted Activity, Unions

See all updates »

NFTs and Your Business – Separating Fact From Fiction

In this episode, our lawyers discuss non-fungible tokens, better known as NFTs – including defining what an NFT is and is not, how to create one and post it to a marketplace, and the rights and responsibilities of…more

Blockchain, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Royalties

See all updates »

SEC Increases Scrutiny of Whistleblower Protections

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the…more

Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, Enforcement Actions, Former Employee

See all updates »

DOJ's Revisions to the Corporate Enforcement Policy Incentivize Self-Reporting of Misconduct

Summary - The Department of Justice (DOJ) last week issued revisions to the Criminal Division’s Corporate Enforcement Policy that incentivize companies to promptly self-disclose corporate misconduct, cooperate with the DOJ, and…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Federal Sentencing Guidelines

See all updates »

South Carolina enacts Servicemembers Civil Relief Act

On April 26, the South Carolina Servicemembers Civil Relief Act (the “Act”) was signed into law and went into immediate effect. The Act seeks to “expand and supplement” the federal Servicemembers Civil Relief Act (“SCRA”), and…more

Consumer Financial Products, Consumer Lenders, Financial Services Industry, Military Service Members, New Legislation

See all updates »

Arizona Court of Appeals Declares Trial Court's Media Restrictions Unconstitutional

The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements for limiting the media's ability to disseminate public information and strongly cautioning trial courts against imposing…more

Appeals, Criminal Prosecution, Name and Likeness, News Stories, Public Information

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, Americans with Disabilities Act (ADA), Disability, Disability Access Claims, Disability Discrimination

See all updates »

HUD Programs During a Government Shutdown

The 2024 Federal Fiscal Year (FFY2024) begins on October 1, 2023, and as of the writing of this Alert, Congress has not passed and the President has not signed a bill to provide funding for FFY2024. As a result, federal…more

Administrative Agencies, Federal Funding, Fiscal Year, Government Shutdown, HUD

See all updates »

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s…more

Educational Institutions, Employee Definition, Employees, Employment Policies, Federal Labor Laws

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 »

COVID-19 Impacts on Representations & Warranties Insurance Coverage in M&A Transactions

As the number of confirmed coronavirus (COVID-19) cases and related business disruptions continue to rise, representations and warranties insurers have begun to address the new market concerns posed by the virus with changes to…more

Business Interruption, Business Losses, China, Coronavirus/COVID-19, Infectious Diseases

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 »

Colorado FAMLI Act Compliance Required

Summary - As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice and also begin deducting employees’ shares of FAMLI Program premiums from…more

Employee Benefits, Employer Liability Issues, Paid Family Leave Law, Paid Leave, State Labor Laws

See all updates »

State Legislatures Tackle Sexual Harassment in the Workplace

More than 100 bills or resolutions related to sexual harassment and workplace misconduct have been introduced during the 2018 state legislative session, according to the National Conference of State Legislatures…more

Civil Rights Act, Corporate Culture, Employer Liability Issues, Hostile Environment, Legislative Agendas

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 »

Federal Reserve’s Municipal Liquidity Facility: Arizona Impact

On April 9, 2020, the Municipal Liquidity Facility (MLF) was established pursuant to Section 13(3) of the Federal Reserve Act to assist States and certain local governments with their increased liquidity needs due to the…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Liquidity, Municipal Liquidity Facility (MLF)

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 Institutions

See all updates »

DE Supreme Court: Creditors’ Fraudulent Transfer Claims Are Direct, Not Derivative

Delaware’s Supreme Court recently clarified the difference between derivative and direct claims in the context of a dispute over whether creditors’ fraudulent transfer claims were covered by insurance policies applicable to…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Creditors, DE Supreme Court

See all updates »

Private Funds, ‘Greenwashing,’ and Crypto-Assets are Among SEC’s Top Examination Priorities in 2022

Summary - The U.S. Securities and Exchange Commission this week published its 2022 Examination Priorities report. This year, the SEC’s Division of Examinations plans to prioritize scrutiny of Private Funds; Environmental,…more

Broker-Dealer, Corporate Counsel, Environmental Social & Governance (ESG), Form CRS, Investment Adviser

See all updates »

DOJ Mandates Consultation and/or Approval Before Investigating Congressional Members or Staffers

Summary - Local U.S. Attorneys will be required to consult with, and in some circumstances obtain approval from, the Department of Justice (DOJ)’s Public Integrity Section before proceeding in any cases involving members of…more

Consultation, Criminal Investigations, Department of Justice (DOJ), Federal Crimes, Government Investigations

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 (HOA), Rental Property

See all updates »

Impact on Gift, Estate, and GST Taxes Under the Tax Cuts and Jobs Act (H.R. 1)

The tax law known as the Tax Cuts and Jobs Act (H.R. 1), signed by President Trump on December 22, 2017, contains important changes to provisions governing gift, estate, and generation-skipping transfer (GST) taxes..…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

See all updates »

Reducing Defamation Risk From FINRA Form U5

There has been increasing concern about defamation cases against financial institutions based on statements made in Uniform Termination Notices for Securities Industry Registration (Form U5), required by the Financial Industry…more

Anti-SLAPP, Defamation, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA)

See all updates »

Federal Court Rules Law Banning Audio Recording of Bail Proceedings is Unconstitutional

In a significant vindication of the public’s right of access to court proceedings, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania held that court rules barring the public from using…more

Audio Recording, Bail, Constitutional Challenges, Criminal Procedure, Federal Bans

See all updates »

Tax-Exempt Bond Community Considers New Bond Regulations

In a very busy end of the year, the IRS provided two new bond regulations: The final public approval (TEFRA) regulations and proposed reissuance regulations…more

501(c)(3), Bond Issuers, IRS, New Regulations, Public Finance

See all updates »

Philadelphia Zoning and Land Use Update - November 2022

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Construction Project, Permits, Urban Planning & Development, Zoning Laws

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

Abbreviated New Drug Application (ANDA), Generic Drugs, Hospira, On-Sale Bar, Patent Applications

See all updates »

OCC wants its supervised financial institutions to play in a sandbox, too! But is it worth it?

The Office of the Comptroller of the Currency (OCC) has opened its own “sandbox” through a Proposed Innovation Pilot Program (Program) designed to promote its innovation initiatives, add value through proactive supervision, and…more

Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Pilot Programs, Financial Institutions

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 »

Standing Orders: Courts’ Nascent Governance of AI Practices

With AI use on the rise, judges across the country are updating their standing orders to address how the technology may (or may not) be used in their courtrooms. As rules regarding AI use make their way into more standing…more

Algorithms, Artificial Intelligence, Client Services, Innovative Technology, Judicial Proceedings

See all updates »

Philadelphia Zoning, Land Use, and Construction Update

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Land Developers, Land Use Restrictions, Local Ordinance, Urban Planning & Development, Zoning Laws

See all updates »

Arizona Passes New Law to Bolster Campus Free Speech

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses…more

Colleges, Educational Institutions, First Amendment, Free Speech, Freedom of Association

See all updates »

Allegheny Port Authority’s BLM Mask Ban Likely Unconstitutional 

On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional…more

Black Lives Matter, Employment Policies, Public Employees, Uniforms

See all updates »

Supreme Court Affirms Lack of Enablement for Amgen’s Patent Claims

Summary - In Amgen v. Sanofi, the Supreme Court unanimously affirmed the District of Delaware and Federal Circuit findings that Amgen’s functionally defined patent claims to a class of therapeutic antibodies are invalid as…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

See all updates »

Criminal Case Round-Up: Recent Prosecutions Involving Financial Institution Officers

The Department of Justice (“DOJ”) has been very active in the Bank Secrecy Act (“BSA”) / Anti-Money Laundering (“AML”) space, as reflected by a recent series of individual prosecutions and corporate non-prosecution agreements…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Criminal Investigations, Criminal Prosecution

See all updates »

EPA Proposes to Extend Air Transport Rule to Five More States

The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute to…more

Air Pollution, Air Quality Standards, Clean Air Act, Environmental Protection Agency (EPA), NAAQS

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 »

Copyright Office Announces Potential New Option for Registration of News Sites

The U.S. Copyright Office is seeking public comment on its proposal to create a group registration option for “frequently updated news websites.”…more

Copyright, Copyright Infringement, Copyright Office, Intellectual Property Protection, Proposed Rules

See all updates »

SEC Adopts Executive Compensation ‘Clawback’ Rules

Summary - The SEC this week adopted new rules that will require publicly traded companies to “claw back” incentive-based executive compensation that a company awarded to the executive based on materially misreported…more

Clawbacks, Executive Compensation, Incentive Compensation, Sarbanes-Oxley, Securities and Exchange Commission (SEC)

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 »

SEC Risk Alert for Municipal Advisors Highlights Key Compliance Issues

Summary - The Security and Exchange Commission last month released a Risk Alert to notify municipal advisors of key compliance issues. The SEC’s Division of Examinations adds client disclosure concerns to the list of most…more

Compliance, MSRB, Municipal Advisers, Securities and Exchange Commission (SEC)

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

White Paper: ESG Disclosure in Municipal Offerings

Environmental, Social, and Governance (ESG) bonds have generated increasing investor demand, media attention, and regulatory focus over the past several years. ESG bonds, broadly encompassing “green bonds” and “social bonds,”…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Green Bonds, International Capital Markets Association (ICMA)

See all updates »

Is Private Equity “Ready for Warren?

Massachusetts Senator and presidential hopeful Elizabeth Warren released perhaps the most ambitious plan the country has ever seen with respect to regulation of the private equity and investment fund industry. She released her…more

Capital Gains, Carried Interest, Dodd-Frank, Elizabeth Warren, Financial Regulatory Reform

See all updates »

UN Adopts Landmark AI Resolution

The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States,…more

Algorithms, Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection

See all updates »

Sixth Circuit Sides with The New York Times in Defamation Suit

An article in The New York Times about controversy surrounding an Ohio State University cancer researcher was not defamatory because reasonable readers would understand it was “a standard piece of investigative journalism” that…more

Cancer, Defamation, Journalism, Motion to Dismiss, New York Times

See all updates »

Digital Planning Podcast Episode: AI Developments - Planning & Practice Considerations

In this episode of the Digital Planning podcast, Jennifer Zegel, Justin Brown, and Ross Bruch discuss developments and policy considerations with the use of AI in the practice of law. The trio also examines estate planning…more

Artificial Intelligence, Cybersecurity, Data Privacy, Estate Planning, Privacy Concerns

See all updates »

The CTA at Two Months: Key Updates and Action Items

After years of anticipation, the Corporate Transparency Act (the CTA) officially went into effect on January 1, 2024. Now that we are two months into the CTA era, below are a few updates and recommended action items based on…more

Beneficial Owner, Congressional Authority, Corporate Transparency Act, Customer Due Diligence (CDD), Disclosure Requirements

See all updates »

U.S. Supreme Court restricts ability of federal courts to confirm or vacate arbitration awards

Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal…more

Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act, Motion to Confirm

See all updates »

National Housing Conference 2023 – 5 Takeaways

We were thrilled to be back—live and in-person—for Ballard Spahr’s 18th annual National Housing Conference last month. Not surprisingly, overcoming challenges in development and preservation of multifamily housing emerged as a…more

Affordable Housing, Community Development, Construction Project, Grants, Housing Developers

See all updates »

Biden Administration Acts to Promote Unions

Summary - On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment publicly released a report offering nearly 70 recommendations to promote pro-union policies and practices in the public and…more

Biden Administration, Department of Labor (DOL), NLRA, NLRB, Unions

See all updates »

Governing With a 50/50 Senate

Since the results of the Senate races in the Georgia special election became clear this week, we have been fielding questions from clients about how the Senate will organize itself with 50 Democrats and 50 Republicans…more

Special Election, State and Local Government, State Elections

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 »

Carrots and Sticks – FTC Presses Parties Under Investigation to Accept Tolling Agreements

On February 20, 2024, Director Samuel Levine of the Federal Trade Commission’s Bureau of Consumer Protection (Bureau) issued a statement promoting the use and acceptance of tolling agreements. Tolling agreements pause the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Financial Services Industry, FTC Act

See all updates »

Business Better Podcast Episode: Tax Audits, Investigations, and Global Enforcement - A Conversation with IRS Special Agent Jonathan Schnatz

In this episode, we are joined by Special Agent Jonathan Schnatz, Senior Analyst with IRS Criminal Investigation. Special Agent Schnatz will discuss his work with an international law enforcement and tax compliance group, and…more

Criminal Investigations, Criminal Liability, Criminal Prosecution, Income Taxes, IRS

See all updates »

Delaware Chancery Court Rejects Corporate Charter Provision Purporting To Alter Judicial Review Standard

Delaware’s Chancery Court recently invalidated a charter provision that purported to make certain Board decisions “conclusive and binding,” finding the Delaware General Corporation Law (DGCL) does not permit corporations to…more

Board of Directors, Delaware General Corporation Law, Fiduciary Duty, Shareholders

See all updates »

Algorithmic Pricing – The ‘New Frontier’ of Antitrust Law

Summary - Government antitrust enforcers and plaintiffs’ class action lawyers are increasingly focusing on algorithmic pricing software programs used in various sectors of the real estate market. Driving this focus is their…more

Algorithms, Anti-Competitive, Antitrust Provisions, Artificial Intelligence, Competition

See all updates »

FinCEN Issues Advisory on Human Rights Abuses Enabled by Corrupt PEPs and Their Financial Facilitators

On June 12, 2018, FinCEN issued an “Advisory on Human Rights Abuses Enabled by Corrupt Senior Foreign Political Figures and their Financial Facilitators” to highlight the connection between corrupt senior foreign political…more

Corruption, Exploitation, Financial Institutions, Financial Transactions, FinCEN

See all updates »

Facebook BIPA Class Settlement Receives Preliminary Approval

On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,…more

Attorney's Fees, Biometric Information, Biometric Information Privacy Act, Class Action, Class Members

See all updates »

Court Sets April 3 Deadline for EEOC to Sort Out 2018 EEO-1 Pay Data Reporting Requirements

As employers begin their annual EEO-1 reporting process for race, ethnicity, gender, and job category information, whether or not pay data will be part of that reporting remains up in the air…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

See all updates »

New Jersey Reinstates Property Tax Exemption for Nonprofit Hospitals

Summary - New Jersey Gov. Phil Murphy signed into law legislation that restores property tax exemptions for nonprofit hospitals. However, the law requires New Jersey nonprofit hospitals to make a community service…more

Hospitals, Non-Profit Hospitals, Property Tax, State and Local Government, Tax Exemptions

See all updates »

Third Circuit Rules Pennsylvania Consumer Discount Company Act Does Not Regulate Collection of Charged-Off Debts

On February 7, 2024, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s Order granting a motion for judgment on the pleadings and holding that a charged-off loan made by a lender licensed under the…more

Charge-Off, Debt, Debt Buyers, Debt Collection, Debtors

See all updates »

NLRB Establishes New Restrictions on Severance Agreements

The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’…more

Bargaining Units, Corporate Counsel, Employer Liability Issues, NLRA, NLRB

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 »

CFPB Director Chopra addresses AI concerns

According to media reports, CFPB Director Rohit Chopra expressed his concerns over the rise of generative artificial intelligence (AI) technology in his remarks at an Axios event in Washington, D.C. last week. Director Chopra…more

Algorithms, Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions

See all updates »

EPA Mandates Broad PFAS Reporting Under TSCA

Summary - The Environmental Protection Agency (EPA) recently finalized the Toxic Substances Control Act (TSCA) Reporting Rule for PFAS— its broadest regulation to-date on per- and polyfluoroalkyl substances (PFAS), commonly…more

Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

See all updates »

SEC and DOJ’s Antitrust Division Formalize Interagency Cooperation With Historic Memorandum of Understanding

In an historic move this week, the Securities and Exchange Commission (SEC) and the Antitrust Division of the Department of Justice (DOJ) executed the first-ever memorandum of understanding (MOU) between the two agencies…more

Department of Justice (DOJ), Equity Markets, Interagency Guidance, Memorandum of Understanding, Regulatory Oversight

See all updates »

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of…more

Coronavirus/COVID-19, Infrastructure, Real Estate Development, State and Local Government, Urban Planning & Development

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, Fair Credit Reporting Act (FCRA)

See all updates »

Bipartisan Budget Act of 2018 Enacts Changes to Employee Retirement and Health Benefit Plans, and Medicare

Following a brief shutdown of the federal government, on February 9, Congress passed and President Donald J. Trump signed into law the Bipartisan Budget Act of 2018 (Budget Act), which provides Congress until March 23 to enact…more

ACOs, Affordable Care Act, Bipartisan Budget Act, Children's Health Insurance Program (CHIP), Employee Benefits

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 »

Is the Delaware Supreme Court Pushing Back on Chancery’s Suspicion of Non-Competes?

The Delaware Court of Chancery has been increasingly willing of late to strike down non-compete covenants as overbroad, a trend accompanied by a growing unwillingness to “blue pencil” agreements by narrowing terms to what the…more

Competition, Corporate Counsel, DE Supreme Court, Limited Liability Company (LLC), Limited Partnerships

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 »

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant increases…more

Covered Business Method Patents, Design Patent, Fees, Filing Fees, Intellectual Property Protection

See all updates »

What to Expect From Motions for Centralization of COVID-19 Business Interruption Cases in an MDL

For each day that economic activity remains restricted due to the coronavirus pandemic, the stakes continue to rise both for businesses seeking insurance recoveries critical to their survival and for insurers that face the…more

Business Interruption, Case Consolidation, Coronavirus/COVID-19, Insurance Claims, Insurance Litigation

See all updates »

DOJ Rescinds 10 ADA Guidance Documents

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Deregulation, Disability Discrimination, Executive Orders

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 »

Five Things Every Office Building Owner (and Its Lender) Should Consider

The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the…more

Borrowers, Commercial Leases, Commercial Tenants, Fixed Operating Expenses, Investors

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 (HOA), Rental Property

See all updates »

US Supreme Court Confirms Redistricting Authority of State Courts

On June 27 in Moore v. Harper, a 6-3 majority of the United States Supreme Court upheld a state court’s power to invalidate a congressional district map that violates the state’s constitution. In an opinion written by Chief…more

Constitutional Challenges, Gerrymandering, Moore v Harper, Redistricting, SCOTUS

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 »

A Taxonomy of Digital Assets: Is It a Security, Commodity, Banking Product, or Something Else?

Summary - The jurisdictional lines between the different types of digital assets remain unclear. As Congress weighs separate bills seeking to establish a clear and workable regulatory framework, market participants are…more

CFTC, Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), OCC

See all updates »

Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation

Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, Hiring & Firing

See all updates »

DOJ launches whistleblower pilot program and cracks down on artificial intelligence misuse

Following a year of new DOJ policies and guidance designed to incentivize companies to self-report misconduct and to cooperate with government investigations, the DOJ has added a new pilot whistleblower rewards program. In…more

Artificial Intelligence, CFTC, Corporate Misconduct, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Trade groups file lawsuit in Texas federal court challenging final OCC/FDIC/Federal Reserve Community Reinvestment Act rules

Several national and Texas banking and business trade groups have filed a lawsuit in the U.S. District Court for the Northern District of Texas challenging the final regulations (Final Rules) implementing the Community…more

Administrative Procedure Act, Banks, Community Reinvestment Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

See all updates »

Business Better Podcast Episode: Sustainability Spotlight – A Conversation with Aramark

This is the first episode in Ballard Spahr's new Sustainability Spotlight series, highlighting the sustainability efforts that businesses are taking to combat climate change and other environmental challenges. This episode…more

Business Plans, Business Strategies, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

New payday loan rate cap goes into effect in Colorado

As discussed in an earlier post, on November 6, 2018, Colorado’s voters passed Proposition 111, seeking to limit interest rates and fees charged on payday loans in Colorado to an annualized percentage rate of thirty-six percent…more

Consumer Financial Products, Financial Services Industry, Interest Rate Caps, Payday Loans, State and Local Government

See all updates »

Pandemic Lease Modifications: Addressing Legislative Developments

With COVID-19 raging and many businesses, large and small, seeking to manage their overhead and obligations, commercial landlords and tenants are examining their leases for potential modifications that would enable them to…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

See all updates »

Ninth Circuit draws line on FCRA required disclosures

In Theresa Tailford, et al. v. Experian Information Solutions, the U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court decision which held that Experian Information Solutions, Inc. did not violate the…more

Consumer Information, Consumer Reporting Agencies, Consumer Reports, Credit Reports, Experian

See all updates »

NLRB Expands Joint Employer Rule

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The Final…more

Employment Contract, Federal Labor Laws, Final Rules, Hiring & Firing, Joint Employers

See all updates »

Third Circuit Rules Reservists May Need to Be Paid for Military Leave

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) establishes rights and benefits for employees and employment applicants who have served in the military or have engaged in other forms of protected…more

Military Leave, Military Service Members, Paid Leave, USERRA, Wage and Hour

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 »

PA Provides New Spending Flexibilities and Nonjudicial Settlement Opportunities for Nonprofits, Charitable Trusts

On July 23, 2020, Pennsylvania Governor Tom Wolf approved 2020 Act 71, enacting House Bill 2484. The new law amends the Pennsylvania Consolidated Statutes, Titles 15 (Corporations and Unincorporated Associations) and 20…more

Amended Legislation, Charitable Organizations, Charitable Trusts, Coronavirus/COVID-19, Endowment Funds

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

Federal Trade Commission (FTC), Scams, Telemarketing Sales Rule, Timeshare

See all updates »

SEC Adopts Rule Amendments to Modernize Certain Disclosures Under Regulation S-K

By a 3-2 vote, the U.S. Securities and Exchange Commission (SEC) has adopted amendments designed to modernize the disclosure requirements involving description of business (Item 101), legal proceedings (Item 103), and risk…more

Amended Rules, Business Strategies, Capital Markets, Climate Change, Disclosure Requirements

See all updates »

Oral argument held in SDNY credit union lawsuit challenging Mulvaney appointment

The U.S. District Court for the Southern District of New York recently held oral argument regarding the pending motions in the Lower East Side People’s Federal Credit Union v. Trump and Mulvaney…more

Administrative Agencies, Administrative Appointments, Article III, Banking Sector, Consumer Financial Protection Act (CFPA)

See all updates »

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the…more

Appeals, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

White Paper: OK, Boomer: With COVID-19, It’s Time to Dust Off That Resiliency Again

This article is directed to Baby Boomer business owners (BBBOs) who are feeling overwhelmed by the prospect of having to reset their transition plans. Many of us who are active in the business transition planning space have been…more

Business Ownership, Business Plans, Business Valuations, Coronavirus/COVID-19, Transitional Arrangements

See all updates »

Business Better Podcast Episode: Health Care Delivery Trends: Understanding Micro-Hospitals

In this episode, we discuss the current trend in the health care industry regarding the development of micro-hospitals, especially in certain rural areas. We explain what a micro-hospital is (and is not), the drivers behind the…more

Healthcare, Healthcare Facilities, Rural Areas

See all updates »

Foreign Trademark Owners Now Will Need a U.S. Attorney

While it always has been advisable to seek the assistance of an experienced trademark attorney to handle trademark matters, beginning August 3, 2019 (Effective Date), federal trademark applicants, registrants, and parties to…more

Foreign Trademark, Intellectual Property Protection, Lanham Act, Legal Representatives, Madrid Protocol

See all updates »

Nevada Law Will Require Employers to Provide Leave to Employees Who Are Victims of Domestic Violence

A Nevada law going into effect on January 1, 2018, will require employers to provide 160 hours of leave to an employee who is a victim of domestic violence if the employee has worked for at least 90 days…more

Domestic Violence, New Legislation, Paid Time Off (PTO), Stalking, State and Local Government

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 »

Safe Harbor Policy Incentivizes Disclosure of Acquired Companies’ Misconduct

Summary - Deputy Attorney General Lisa O. Monaco unveiled Wednesday, Oct. 4, the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures (VSD) arising from mergers and acquisitions (Safe Harbor…more

Acquisition Agreements, Compliance, Corporate Misconduct, Department of Justice (DOJ), Merger Agreements

See all updates »

Supreme Court: Licensee's Right to Use Trademarks Survives Licensor's Rejection of Licensing Agreement in Bankruptcy

The Supreme Court held this week that a debtor-licensor’s rejection of a trademark licensing agreement as an executory contract pursuant to section 365(a) of the Bankruptcy Code does not terminate the licensee’s rights to use…more

Bankruptcy Code, Breach of Contract, Certiorari, Commercial Bankruptcy, Debtors

See all updates »

Navigating the Post-Wayfair Tax Maze: What’s Happening, What’s Next, and What’s at Stake

Considerable changes to sales tax laws in more than two dozen states continue to challenge online retailers, who must swiftly comply with a complex and shifting network of regulations…more

E-Commerce, Internet Retailers, Physical Presence Test, Retail Market, Sales Tax

See all updates »

FinCEN Seeks to Make Investment Advisers Subject to Bank Secrecy Act

Years in the making, on February 13, the Financial Crimes Enforcement Network (“FinCEN”) issued a notice of proposed rulemaking (“NPRM”) to include “investment adviser” (“IA”) within the definition of “financial institution”…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, BSA/AML

See all updates »

California Privacy Protection Agency Releases Draft Regulations for Consideration at its March 8, 2024 Board Meeting

On March 7, 2024, the California Privacy Protection Agency (CPPA) released new materials for review and discussion at the agency’s board meeting on March 8, 2024. Among the materials released were draft risk assessment and…more

California, California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cybersecurity, Data Management

See all updates »

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

Summary - The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains standing…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Federal Arbitration Act

See all updates »

Colorado Supreme Court Issues Win for Oil and Gas Industry

The Colorado Supreme Court on January 14 issued an opinion thought to be favorable to Colorado's oil and gas industry…more

Appeals, Climate Change, CO Supreme Court, Environmental Claims, Environmental Litigation

See all updates »

Carried Interest – Proposed Regulations and the Impact on Private Equity

Treasury and the IRS released proposed regulations under Section 1061 of the Internal Revenue Code (the Code) on July 31, 2020, that require certain taxpayers to satisfy a three-year holding period, rather than a one-year…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Holding Periods, Income Taxes

See all updates »

Updated: Employer Guidelines: Nine Step Guide to PPP Loan Forgiveness

For more information on calculating loan forgiveness, including the documentation requirements, see our PPP Guidance and the applicable instructions for the loan forgiveness application that applies to your business. …more

Borrowers, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Small Business Loans

See all updates »

D.C. Circuit TCPA Decision Gives Industry Partial Victory But No Certainty

The decision last week of the U.S. Court of Appeals for the D.C. Circuit ruling on petitions seeking review of the Federal Communications Commission’s (the “FCC”) 2015 Declaratory Ruling and Order (the “2015 Ruling”)…more

ATDS, Auto-Dialed Calls, Banking Sector, Cell Phones, FCC

See all updates »

Five Things Every Office Building Owner (and Its Lender) Should Consider

The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the…more

Borrowers, Commercial Leases, Commercial Tenants, Fixed Operating Expenses, Investors

See all updates »

Eleventh Circuit Rejects Administrative Feasibility as a Prerequisite for Class Certification

The Eleventh Circuit has joined the Second, Sixth, Seventh, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite for class certification. The decision reverses unpublished Eleventh Circuit…more

Ascertainable Class, Class Action, Class Certification, FRCP 23(b)(3)

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 »

Third Circuit Affirms Decision Enjoining Hackensack Meridian - Englewood Merger

Summary - The Third Circuit upheld the district court’s decision to grant a preliminary injunction enjoining the merger between Englewood Healthcare Foundation and Hackensack Meridian Health, Inc., handing a victory to the…more

Anti-Competitive, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Mergers

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

Consumer Financial Protection Bureau (CFPB), Discrimination, Disparate Impact, ECOA, Fair Housing Act (FHA)

See all updates »

Trademark Office Shortens Deadline to Respond to Office Actions

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in trademark cases to implement provisions of the Trademark Modernization Action of 2020 (TMA). Effective December 3, 2022, the period to…more

Trademark Act, Trademark Application, Trademark Modernization Act (TMA), Trademark Registration, Trademarks

See all updates »

DC/Maryland Multifamily Real Estate Updates

Happy Holidays to all. We are still hopeful that Santa brings everyone some relief from rent control and other multifamily restrictions (we heard that the new BEPS Regulations preclude Santa from leaving coal for legislators who…more

Comment Period, Condominiums, Federal Trade Commission (FTC), Fees, Housing Market

See all updates »

The CTA at Two Months: Key Updates and Action Items

After years of anticipation, the Corporate Transparency Act (the CTA) officially went into effect on January 1, 2024. Now that we are two months into the CTA era, below are a few updates and recommended action items based on…more

Beneficial Owner, Congressional Authority, Corporate Transparency Act, Customer Due Diligence (CDD), Disclosure Requirements

See all updates »

House Financial Services Committee Announces AI Working Group

On January 11, 2024, the House Financial Services Committee announced the formation of a bipartisan Working Group on Artificial Intelligence (“AI”). The working group is to be led by the Chairman of the Digital Assets Financial…more

Algorithms, Artificial Intelligence, Biden Administration, California Consumer Privacy Act (CCPA), Digital Assets

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 »

SCOTUS Adopts "No Fair Ground of Doubt" Standard for Violations of Bankruptcy Discharge Order

In a unanimous decision, the U.S. Supreme Court ruled recently in Taggart v. Lorenzen that a creditor in a bankruptcy case may be held in civil contempt, and subject to sanction, where there is "no fair ground of doubt" about…more

Appeals, Attorney's Fees, Bankruptcy Appellate Panel (BAP), Bankruptcy Code § 524(a), Bankruptcy Discharge Order

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 »

CFPB Releases Consumer Complaint Snapshot: 50 State Report

On October 23, 2018, the Consumer Financial Protection Bureau (CFPB) issued a new report, Complaint Snapshot: 50 State Report, providing a high-level overview of the trends in consumer complaints submitted to the CFPB from…more

Consumer Complaint System, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Services Industry

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 »

IRS Addresses Non-Exempt Tax Status for NIL Organizations

Summary - The IRS recently advised that many organizations that develop paid name, image, and likeness—known as NIL—opportunities for college student-athletes are not eligible for tax-exempt status under Internal Revenue Code…more

501(c)(3), College Athletes, Income Taxes, Internal Revenue Code (IRC), IRS

See all updates »

Hotel Group Seller’s COVID-19 Response Breaches ‘Ordinary Course’ Covenant, Excusing Buyer’s Performance

Delaware’s Supreme Court held this month that a buyer’s obligation to close a hotel group purchase was excused where the seller adopted what it described as “proportional changes in response to extraordinary circumstances–like…more

Buyers, Coronavirus/COVID-19, Corporate Counsel, Hotels, Ordinary Course of Business Defense

See all updates »

FTC Guidance on Negative Option Programs and Increased Enforcement

On October 22, the Federal Trade Commission (“FTC”) issued a policy statement providing further guidance on its enforcement of federal law with regard to negative option marketing. The FTC noted in an associated press release…more

Automatic Renewals, Electronic Fund Transfer Act, Federal Trade Commission (FTC), ROSCA, Subscription Services

See all updates »

New Inclusionary Housing Mandates for Baltimore City

Summary - The Baltimore City Council has passed a new inclusionary housing law which will require most new multifamily, market-rate projects to make at least 10% of their units available to households with limited incomes, at…more

Construction Project, Financial Assistance Policies, Inclusionary Housing Ordinance, Low Income Housing, Multi-Family Development

See all updates »

Pennsylvania Amends Data Breach Notification Law

In early November, Pennsylvania amended its data breach notification law broadening the definition of personal information. The amendment adds “health insurance information” and “medical information” as data elements that could…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

SEC Modernizes Beneficial Ownership Reporting Rules

Summary - On October 10, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934…more

Anti-Corruption, Beneficial Owner, Disclosure Requirements, Filing Deadlines, Reporting Requirements

See all updates »

Sale-Leaseback Arrangements Provide Attractive Fundraising Opportunity Amid Cooling Markets

Summary - While the low-interest-rate and high-property-value environment of the early pandemic years fueled astronomical sales, as the markets cool due to inflation and rising interest rates, many property owners are…more

Fundraisers, Interest Rates, Leaseback, Property Owners, Real Estate Market

See all updates »

Fielding Case May Impact Taxation of Your Minnesota Trust

Trustees of irrevocable trusts created by Minnesota residents may be impacted by a recent decision of the Minnesota Supreme Court. On July 18, 2018, in Fielding v. Commissioner of Revenue..…more

Appeals, Client Services, Constitutional Challenges, Income Taxes, Irrevocable Trusts

See all updates »

New York State’s LLC Transparency Act to Complement the Federal CTA

New York State’s LLC Transparency Act, that will come into effect December 21, 2024, complements the Federal Corporate Transparency Act by requiring New York limited liability companies and foreign limited liability companies…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

DOJ launches whistleblower pilot program and cracks down on artificial intelligence misuse

Following a year of new DOJ policies and guidance designed to incentivize companies to self-report misconduct and to cooperate with government investigations, the DOJ has added a new pilot whistleblower rewards program. In…more

Artificial Intelligence, CFTC, Corporate Misconduct, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Supreme Court Heightens Standard for Employers to Deny Religious Accommodations

On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old precedent…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

See all updates »

New York’s Charging Station Legislation Paves the Way for More Electric Vehicles

Summary - In an effort to accelerate electric vehicle (EV) usage, New York’s Legislature passed four vehicle charging infrastructure bills this session that are awaiting action by Governor Kathy Hochul. Under the Climate…more

Automotive Industry, Charging Stations, Clean Energy, Climate Action Plan, Electric Vehicles

See all updates »

43 AGs Urge FTC to Update Child Online Privacy Rules

On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy…more

COPPA, Data Collection, Data Privacy, Data Protection, Federal Trade Commission (FTC)

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

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 »

Tax-Exempt Bonds: Telephonic Public Hearings Now Permanent

For public hearings held on or after March 18, 2022, new Revenue Procedure 2022-20, released by the Internal Revenue Service, allows issuers and approving governmental units to conduct telephonic public hearings for tax-exempt…more

Bonds, IRS, Revenue Procedures, Tax-Exempt Bonds

See all updates »

Virginia Takes Significant Step Toward Casino Gaming

Casino gaming also would be limited to cities that meet certain very specific criteria relating to poverty rates, unemployment, and population decreases, among other factors. Effectively, the criteria would limit casino gaming…more

Business Licenses, Casinos, Gambling, Gaming, Licensing Rules

See all updates »

FTC settles claims alleging tenant background screening company failed to use reasonable procedures to assure the accuracy of its reports

The Federal Trade Commission recently announced that it settled an action it filed against AppFolio, Inc. (“AppFolio”), regarding alleged unfair or deceptive acts or practices, in violation of Section 5 of the FTC Act, 15 U.S.C…more

Background Checks, Background Screening Services, Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC), FTC Act

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 »

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

See all updates »

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the…more

Building Permits, Certiorari, Construction Project, Exactions, Fees

See all updates »

Pennsylvania appellate court rejects claim that dunning letter sent post-expiration of the statute of limitations violated law

On March 30, 2023, a three-judge panel of the Superior Court of Pennsylvania held in a precedential opinion that debt collectors can send collection letters to debtors after the expiration of the statute of limitations without…more

Debt Collection, Debt Collectors, FDCPA, Statute of Limitations, Time-Barred Debt

See all updates »

Business Better Podcast Episode: Cyber Adviser – Your Data, My Headache: Consumer Health Data Laws

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security. Today, our lawyers discuss new state consumer health data laws in Connecticut, Nevada, and…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Care Providers

See all updates »

Paid COVID Leave is Back in Philadelphia

In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible employees…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Paid Leave, Paid Time Off (PTO)

See all updates »

Gun Sales Platform Seeks Reversal of Ruling That Undermines Protections for Website Owners

An intermediate appellate court in Wisconsin has issued a decision that removes an important legal defense from a host of website owners, including those who provide a platform for buyers and sellers to connect…more

Appeals, Civil Liability, Domestic Violence, Firearms, Online Platforms

See all updates »

DE Supreme Court: No Class Vote Required Where Corporations With Multi-Class Capital Structure Adopted Exculpatory Charter Provision

Delaware’s Supreme Court unanimously rejected challenges by stockholders of two corporations who argued the respective companies invalidly adopted exculpatory charter provisions without giving each class of stock a separate…more

Business Litigation, Charter Amendments, DE Supreme Court, Delaware General Corporation Law, Exculpatory Clauses

See all updates »

Federal Reserve Provides $2.3 Trillion in Loans

On April 9, 2020, the Federal Reserve issued a press release announcing that it would be seeking to undertake additional actions to provide up to $2.3 trillion in loans to support the economy…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

CMS Rule Proposes to Further Modify Stark Regulations' Definition of Indirect Compensation Arrangement

Summary - On July 23, 2021, the Centers for Medicare & Medicaid Services (CMS) released proposed changes to the Physician Self-Referral Law, commonly known as the “Stark Law,” regulations defining an “indirect compensation…more

Centers for Medicare & Medicaid Services (CMS), Compensation, Health Care Providers, Proposed Rules

See all updates »

Business Better Podcast Episode: Strategic Partnership and Company-Building Investments – A Conversation with Prairie Capital

In today’s episode, we’re joined by D.J. Lipke, a Principal at Prairie Capital. Prairie Capital is a private equity firm that has provided businesses with thought partnership and strategic guidance for over two decades. Jeffrey…more

Investment, Investors, Private Equity, Private Equity Firms, Private Equity Funds

See all updates »

SEC’s Acting Director of Division of Corporation Finance Addresses ESG Disclosure Framework

John Coates, the Acting Director of the Division of Corporation Finance of the Securities and Exchange Commission (SEC), issued a public statement entitled “ESG Disclosure – Keeping Pace with Developments Affecting Investors,…more

Climate Change, Corp Fin, Disclosure Requirements, Environmental Social & Governance (ESG), Securities and Exchange Commission (SEC)

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

FTC Sues Amazon Alleging Deceptive Marketing Tactics for Prime Subscriptions

The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into…more

Amazon Marketplace, Automatic Renewals, E-Commerce, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class…more

Ascertainable Class, CA Supreme Court, Class Action, Class Certification, Class Members

See all updates »

Inflation Reduction Act Tax Changes, Part 1

On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA). The IRA made a variety of changes to the Internal Revenue Code (Code). This Alert discusses four of the changes: the one percent excise tax…more

Excise Tax, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Tax Credits

See all updates »

The Federal Reserve’s Entry into Real-Time Payments

Real-time payments (RTP) has been the rave of recent payments industry news. With the Federal Reserve announcing that it is about to embark upon the creation of a ubiquitous real-time payments framework, the topic is top-of-mind…more

APIs, Contractual Safeguards, Federal Reserve, Financial Fraud, Financial Institutions

See all updates »

New SEC Thresholds in Definition of Smaller Reporting Company Effective September 10

The Securities and Exchange Commission (SEC) on June 28, 2018, adopted amendments to the definition of "smaller reporting company" (SRC) in Rule 405 under the Securities Act of 1933 (Securities Act), Rule 12b-2 under the…more

Disclosure Requirements, Emerging Growth Companies, Regulation S-K, Regulation S-X, Securities and Exchange Commission (SEC)

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 »

DOE to Hold Public Hearings on Trump-Era Title IX Rules & Protections for LGBTQ+ Individuals in Schools

Summary - The Department of Education (DOE) will hold five days of virtual public hearings on Title IX enforcement starting on June 7. This comes as part of the DOE’s comprehensive review of its Title IX regulations in…more

Department of Education, Educational Institutions, Gender Identity, LGBTQ, Sexual Orientation Discrimination

See all updates »

President Can Fire NLRB General Counsel, Suggests District of New Jersey Judge

Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign. Some companies have claimed that this decision was…more

Biden Administration, NLRA, NLRB, NLRB General Counsel

See all updates »

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act…more

Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

SEC Increases Scrutiny of Whistleblower Protections

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the…more

Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, Enforcement Actions, Former Employee

See all updates »

CFPB seeking public comment on buy-now-pay-later products

Having sent orders last month to five companies that offer buy-now-pay-later (BNPL) products directing them to provide information to the Bureau, the CFPB published a notice in today’s Federal Register seeking public comment to…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Public Comment

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 »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

States Aim to Restrict Government Investment and Contracts with Bank Ban Bills and Similar Legislation

Summary - The legislative tug of war continues. Despite a presidential veto on March 20, 2023, of a Congressional resolution that repealed a Department of Labor rule allowing retirement plan managers to weigh climate change…more

Banking Sector, Banks, Financial Institutions, Investment

See all updates »

Cosby Case Highlights Role of Public Access to Court Records

The April 2018 criminal trial of iconic entertainer and "America's Dad" Bill Cosby has ended with a guilty verdict…more

#MeToo, Bill Cosby, Criminal Convictions, Judicial Records, Public Access Laws

See all updates »

FATF Updates Risk-Based Approach Guidance for the Real Estate Sector

As we have repeatedly blogged, concerns about perceived anti-money laundering (“AML”) risks in the real estate industry are rising globally. Consistent with this concern, the Financial Action Task Force (“FATF”) has updated its…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Customer Due Diligence (CDD), FATF

See all updates »

DOE Changes Student Borrower Defense Rules

The U.S. Department of Education (DOE) released final regulations for student borrower defense-to-repayment claims on August 30, 2019. The regulations create a number of notable changes, including permitting education…more

Borrower Defense Rule, Class Action Arbitration Waivers, Department of Education, Deregulation, Educational Institutions

See all updates »

Minnesota Supreme Court Extends Actual Malice Standard for Presumed Damages to Nonmedia Defendants

On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice. This…more

Actual Malice, Damages, Defamation, Domestic Violence, Negligence

See all updates »

National Housing Conference 2023 – 5 Takeaways

We were thrilled to be back—live and in-person—for Ballard Spahr’s 18th annual National Housing Conference last month. Not surprisingly, overcoming challenges in development and preservation of multifamily housing emerged as a…more

Affordable Housing, Community Development, Construction Project, Grants, Housing Developers

See all updates »

FinCEN Issues $15 Million Dollar Civil Penalty Against Shinhan Bank America for Alleged Failure to Implement and Maintain Effective AML Compliance Program

On September 29, the Financial Crimes Enforcement Network (“FinCEN”) entered into a consent order with Shinhan Bank America (“SHBA”), which imposed a $15 million dollar civil penalty against SHBA for allegedly willfully failing…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Consent Order, Enforcement Actions

See all updates »

MLA Compliance Deadline For Credit Card Accounts Is Tuesday, October 3

The Military Lending Act (MLA) will apply to credit card accounts starting Tuesday, October 3. The final rule took effect last October but provided a one-year exemption for “credit extended in a credit card account under an…more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Deadlines, Department of Defense (DOD), Military Lending Act

See all updates »

SEC Nears First Settlement With a Credit Rating Agency in Off-Channel Communications Sweep

Summary - The Securities and Exchange Commission (SEC) is reportedly nearing a settlement with a nationally recognized statistical rating organization (NRSRO) over its failure to preserve certain credit-ratings communications…more

Broker-Dealer, Credit Rating Agencies, Electronic Communications, Enforcement Actions, Investment Adviser

See all updates »

CFPB Issues Remittance Transfer Consent Order

On December 21, 2020, the CFPB issued its third consent order involving violations of Subpart B of Regulation E, 12 C.F.R. §§ 1005.30 to 1005.36, the Remittance Transfer Rule (“Remittance Rule”) in the last four months and…more

Consent Order, Consumer Financial Protection Bureau (CFPB), Regulation E, Remittance Transfer Rule

See all updates »

Philadelphia Zoning and Land Use Update - November 2022

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Construction Project, Permits, Urban Planning & Development, Zoning Laws

See all updates »

Think Your Large Organization Is Exempt From the CTA? Think Again

Although large organizations are generally exempt from filing under the Corporate Transparency Act (CTA), companies must perform a careful analysis to determine whether they have reporting obligations for certain subsidiaries or…more

Affiliates, Beneficial Owner, Corporate Transparency Act, Due Diligence, Financial Crimes

See all updates »

Effects of COVID-19 on Energy Projects and Programs

Globally, the coronavirus (COVID-19) has caused not only a major public health crisis but also major economic uncertainty, as business are directed to close, supply chains are brought to a standstill, and "stay in place" orders…more

Coronavirus/COVID-19, Energy Policy, Energy Projects, Infrastructure, Operators of Essential Services

See all updates »

HUD Programs During a Government Shutdown

The 2024 Federal Fiscal Year (FFY2024) begins on October 1, 2023, and as of the writing of this Alert, Congress has not passed and the President has not signed a bill to provide funding for FFY2024. As a result, federal…more

Administrative Agencies, Federal Funding, Fiscal Year, Government Shutdown, HUD

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

Colorado Gaming Commission Moves to Ban Licensees From Involvement in Marijuana Industry

The Colorado Limited Gaming Control Commission proposed new resolutions on September 20 that would bar all Colorado gaming licensees from ?any involvement with the marijuana industry? and, conversely, prohibit anyone involved in…more

Decriminalization of Marijuana, Dispensaries, Gambling, Gaming, Gaming Control Boards

See all updates »

The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Gender Discrimination

See all updates »

NLRB Adopts New Test for Evaluating Workplace Policies

On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test…more

Boeing, Employee Rights, Employment Policies, NLRA, NLRB

See all updates »

CFPB issues supervision order establishing supervision over World Acceptance using risk-based authority

The CFPB has released a supervisory order which establishes that the CFPB has supervisory authority over World Acceptance Corp. (WAC) based on the CFPB’s conclusion that it has reasonable cause to determine that WAC “is engaging…more

Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Services Industry

See all updates »

Term SOFR Hedges: The Price of Perfection

Summary - As a result of the shift from LIBOR to the Secured Overnight Finance Rate (SOFR), borrowers who use interest rate swaps or options to manage interest rate risk may be asked to pay extra to maintain a hedge under…more

Alternative Reference Rates Committee (ARRC), Bank Loan Markets, Borrowers, CFTC, Consumer Financial Products

See all updates »

HHS OIG to Review CMS Citations

Summary - The Department of Health and Human Services Office of Inspector General (HHS OIG) has announced its intention to comprehensively review nursing home citations issued by the Centers for Medicare and Medicaid Services…more

Audits, Centers for Medicare & Medicaid Services (CMS), Citations, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

USPTO Will Extend Deadlines for Delays Caused by COVID-19 Outbreak

The United States Patent and Trademark Office (USPTO) has extended trademark registration deadlines falling between March 27 and April 30, 2020…more

Deadlines, Extensions, Intellectual Property Protection, Trademark Application, Trademark Trial and Appeal Board

See all updates »

Federal Court Blocks Maryland's Online Political Ad Law Under First Amendment

In a 50-page opinion and order issued recently, a Maryland federal court ruled in favor of a coalition of Maryland and Washington, D.C.-based news organizations on their challenge to a Maryland law that would have placed…more

Advertising, First Amendment, Free Speech, Journalists, Media Relations

See all updates »

NLRB Revives Prior Standard on Arbitral Deference

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings…more

Administrative Law Judge (ALJ), Arbitration, Arbitration Agreements, Babcock & Wilcox Construction, Collective Bargaining Agreements (CBA)

See all updates »

Colorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive Covenants

In May 2022, Colorado legislators passed a law that bans employee non-compete clauses for workers making less than six figures annually.  Governor Jared Polis (D) signed the bill into law on June 8, 2022, giving it an effective…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

See all updates »

DHS Extends I-9 Flexibility Due to COVID-19 … Yet Again

On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), citing continued safety precautions related to COVID-19, extended through July 2023 the flexibility rule for the…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Form I-9, Immigration and Customs Enforcement (ICE), Immigration Procedures

See all updates »

SEC Adopts Disclosure Rules on Pay-Versus-Performance

Summary - The Securities and Exchange Commission (SEC) has adopted amendments to rules requiring most reporting companies to publish pay-versus-performance information in certain proxy statements and information statements…more

Disclosure Requirements, GAAP, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC), Smaller Reporting Companies

See all updates »

Two New Laws Benefiting Commercial Landlords in California Take Effect Jan. 1

Landlords of shopping centers and other commercial properties in California should take steps now to reap the benefits of two new laws—both effective starting January 1, 2019—governing abandoned premises and personal property…more

Abandoned Property, Commercial Leases, Commercial Tenants, Governor Brown, Landlords

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

FinCEN Seeks to Make Investment Advisers Subject to Bank Secrecy Act

Years in the making, on February 13, the Financial Crimes Enforcement Network (“FinCEN”) issued a notice of proposed rulemaking (“NPRM”) to include “investment adviser” (“IA”) within the definition of “financial institution”…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, BSA/AML

See all updates »

Review of the Accredited Investor Definition Under Dodd-Frank

On December 14, 2023, the Securities and Exchange Commission (SEC) released a staff report on the definition of accredited investor, examining the current status of the accredited investor pool and discussing several proposals…more

Accredited Investors, Capital Markets, Comment Period, Dodd-Frank, Regulation D

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

Respect the Razorblade: How to Protect Your IP When Your Business’s Business Is Repeat Customers

In this episode, we discuss how your intellectual property can be leveraged to maximize the profitability of nonconsumable devices and their complementary consumable products. While profits can be made via the initial sale of…more

Intellectual Property Protection, IP Portfolio, Patents, Trademarks

See all updates »

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the…more

Appeals, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

President Biden Unveils Broad Vision to Crackdown on Foreign and Domestic Corruption

Agenda Highlights Intersection of National Security, Corruption and Anti-Money Laundering - On June 3, 2021, President Biden unveiled a National Security Study Memorandum entitled Memorandum on Establishing the Fight Against…more

Anti-Corruption, Anti-Money Laundering, Biden Administration, Corporate Transparency Act, Corruption

See all updates »

AML Problems Plague Swedbank: The Internal Investigation Report

Second Post in a Two-Post Series - On March 19, 2020, Swedbank received its first sanction at the conclusion of parallel investigations by Swedish and Estonian authorities for its role in the seemingly non-stop Anti-Money…more

Anti-Money Laundering, Financial Crimes, Financial Institutions, Financial Transactions, Money Laundering

See all updates »

UPDATED: HUD Issues COVID-19 FAQs for Housing Authorities

During this time of uncertainty, Public Housing Authorities (PHAs) are now operating under stressed conditions with limited resources. HUD posted a revised “COVID-19 FAQs for Public Housing Agencies” on April 22, 2020, including…more

Affordable Housing, Coronavirus/COVID-19, Eviction, HUD, Low-Income Issues

See all updates »

SEC Adopts Amendments to Financial Disclosures about Acquisitions and Dispositions of Businesses

On May 21, 2020, the Securities and Exchange Commission (the SEC) announced the adoption of amendments to certain rules and forms relating to financial disclosures about acquisitions and dispositions of businesses “to improve…more

Acquisition Agreements, Disclosure Requirements, Financial Statements, IASB, IFRS

See all updates »

SEC Modernizes Beneficial Ownership Reporting Rules

Summary - On October 10, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934…more

Anti-Corruption, Beneficial Owner, Disclosure Requirements, Filing Deadlines, Reporting Requirements

See all updates »

Condominium Termination: A Potential Path for Repurposing and Redeveloping Aging Condominium Buildings

Summary - Termination has been a component of condominium law from its inception but has been pursued only in limited circumstances. It is unfamiliar ground for many associations and practitioners. This article reviews the…more

Condominium Associations, Condominiums, Land Developers, Real Estate Market, Termination

See all updates »

Business Better Podcast Episode: Tax Audits, Investigations, and Global Enforcement - A Conversation with IRS Special Agent Jonathan Schnatz

In this episode, we are joined by Special Agent Jonathan Schnatz, Senior Analyst with IRS Criminal Investigation. Special Agent Schnatz will discuss his work with an international law enforcement and tax compliance group, and…more

Criminal Investigations, Criminal Liability, Criminal Prosecution, Income Taxes, IRS

See all updates »

NY Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

Summary - The State of New York Court of Appeals held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to…more

Appeals, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

Colorado interest rate preemption opt-out challenged in federal court

On March 25, 2024, three consumer financial services industry trade groups filed a lawsuit asking the federal district court in Colorado to strike down recent Colorado legislation purporting to opt out of a federal law that…more

Charter, Consumer Financial Products, Credit Unions, DIDMCA, FDIC

See all updates »

COVID-19 Sparks Interim Valuations for ESOPs

The spread of COVID-19 and the resulting economic downturn has caused employee stock ownership plan (ESOP) companies to question their annual stock valuations for purposes of ESOP participant distributions and diversifications…more

Coronavirus/COVID-19, Economic Downturn, ESOP

See all updates »

FDA Issues Draft Guidance on Cybersecurity for Postmarket Medical Devices

The Food and Drug Administration's (FDA) most recent draft guidance focuses on cybersecurity in postmarket medical devices and makes recommendations for identifying, assessing, and responding to cybersecurity vulnerabilities…more

Cybersecurity, Food and Drug Administration (FDA), Medical Devices

See all updates »

DOJ Mandates Consultation and/or Approval Before Investigating Congressional Members or Staffers

Summary - Local U.S. Attorneys will be required to consult with, and in some circumstances obtain approval from, the Department of Justice (DOJ)’s Public Integrity Section before proceeding in any cases involving members of…more

Consultation, Criminal Investigations, Department of Justice (DOJ), Federal Crimes, Government Investigations

See all updates »

FinCEN Issues Enforcement Order Against Crypto Exchange Bitzlato in First-Time Use of Section 9714(a)

In its first use of Section 9714(a) of the Combating Russian Money Laundering Act, the Financial Crimes Enforcement Network (“FinCEN”) issued a notice of enforcement order (the “Order”) on January 18, 2023 against the…more

Anti-Money Laundering, Cryptocurrency, Department of Justice (DOJ), FinCEN

See all updates »

The CAA Prescription Drug Benefit Reporting Requirement

Summary - The Consolidated Appropriations Act, 2021 (CAA) requires group health plans and health insurers to submit information regarding the costs of prescription drug costs and other health care services each year to the…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Drug Pricing, Employee Retirement Income Security Act (ERISA), Prescription Drugs

See all updates »

In Key TOPA Case, D.C. Court Says Reallocation of Existing Owners’ Interests Is Not a “Sale”

The District of Columbia Court of Appeals recently determined, in Williams v. Kennedy, that a conveyance of ownership interests in a rental property does not constitute a sale under D.C.’s Tenant Opportunity to Purchase Act…more

Appeals, Change of Ownership, Real Estate Transactions, Rental Property, Right of First Refusal

See all updates »

Washington, D.C.’s COVID-19 Response Supplemental Emergency Amendment Act and Implications for Mortgage Loan Servicers

Commercial landlords and lenders and servicers for commercial real estate loans should be aware of recent legislation out of the District of Columbia that imposes obligations on servicers to develop and implement deferral…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Deferred Action

See all updates »

Is Your Organization Tax-Exempt in D.C.? Act Soon to Retain the Exemption!

Organizations wishing to apply for or retain an exemption from the District of Columbia on income and franchise tax, sales and use tax, or personal property tax are subject to some new filing requirements…more

Determination Letter, Filing Requirements, Franchise Taxes, Income Taxes, IRS

See all updates »

Expenses Paid With Proceeds of Forgiven PPP Loans Are Not Deductible

The IRS issued Notice 2020-32 explaining that otherwise deductible business expenses paid for with the proceeds of a forgiven PPP loan are not deductible for federal income tax purposes. This means that when a taxpayer pays…more

CARES Act, Coronavirus/COVID-19, Federal Loans, IRS, Paycheck Protection Program (PPP)

See all updates »

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner failed…more

Architecture, Construction Litigation, Design Defects, Inadequate Warning, Professional Liability

See all updates »

Ninth Circuit Reverses Trial Court’s Finding That Qualcomm Violated Antitrust Laws

The Ninth Circuit reversed a district court’s ruling that Qualcomm violated the Sherman Antitrust Act through its licensing and sales practices related to cellular microchips, resulting in a defeat to the Federal Trade…more

Anticompetitive Behavior, Antitrust Violations, Federal Trade Commission (FTC), Intellectual Property Protection, IP License

See all updates »

Budget Deal Addresses Health Benefit Issues

The Congressional agreement that reopened the federal government for three weeks quietly addressed—at least temporarily—several high-profile issues affecting public and private health benefits…more

Affordable Care Act, Cadillac Tax, Children's Health Insurance Program (CHIP), Compensation & Benefits, Employee Benefits

See all updates »

The Infrastructure Investment and Jobs Act: Moving Authority Into Projects, A Public and Private Perspective

Today’s episode features a discussion on how to engage with the Infrastructure and Jobs Act and moving authority into projects from a public and private perspective. Our experts will discuss opportunities presented by the new…more

Biden Administration, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

Governmental Accounting Standards Board Proposes Updated P3 Guidelines

The primary objective of the guidelines is to improve financial reporting by addressing issues related to P3s and APAs. The guidelines provide uniform guidance on accounting and financial reporting for transactions that meet the…more

Comment Period, Draft Guidance, GASB, Infrastructure, Project Finance

See all updates »

New SEC Thresholds in Definition of Smaller Reporting Company Effective September 10

The Securities and Exchange Commission (SEC) on June 28, 2018, adopted amendments to the definition of "smaller reporting company" (SRC) in Rule 405 under the Securities Act of 1933 (Securities Act), Rule 12b-2 under the…more

Disclosure Requirements, Emerging Growth Companies, Regulation S-K, Regulation S-X, Securities and Exchange Commission (SEC)

See all updates »

Holiday Relief for Reporting Requirements

In a new set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services, and the Treasury provide significant relief to health plan sponsors and insurers seeking to report on expenditures for…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Health Insurance, Health Plan Sponsors

See all updates »

IRS Issues Guidance on Clean Energy Tax Credits

Summary - The IRS recently released guidance with respect to the new tax credit direct payment and transferability rules created under the Inflation Reduction Act enacted last August. The guidance explains how to register for…more

Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

See all updates »

SEC Signals New Phase of Regulation FD Enforcement

The United States Securities and Exchange Commission (SEC) announced yesterday, August 20, 2019, that it charged TherapeuticsMD, Inc., a pharmaceutical company headquartered in Boca Raton, Florida, with violations of Regulation…more

Disclosure Requirements, Enforcement Actions, FDA Approval, Financial Markets, Food and Drug Administration (FDA)

See all updates »

Important National Bank Act (NBA) preemption case to be argued Today, February 27, before US Supreme Court

The oral argument in Cantero v. Bank of America, N.A. will be heard on Tuesday, February 27 before the US Supreme Court. The Court recently granted the unopposed motion of the Solicitor General to participate in the oral…more

Bank of America, Banks, Cantero v Bank of America NA, Dodd-Frank, Federal v State Law Application

See all updates »

NLRB Decision Serves as Reminder of Weingarten Requirements

More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers regarding…more

Disciplinary Proceedings, Employee Rights, Employer Liability Issues, Employment Litigation, Internal Investigations

See all updates »

Federal Reserve’s Municipal Liquidity Facility: Arizona Impact

On April 9, 2020, the Municipal Liquidity Facility (MLF) was established pursuant to Section 13(3) of the Federal Reserve Act to assist States and certain local governments with their increased liquidity needs due to the…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Liquidity, Municipal Liquidity Facility (MLF)

See all updates »

United Nations Targets Corruption and Illicit Cross-Border Finance

U.N. Report Focus on Improving Accountability, Transparency and Good Governance - On March 2, 2020 the United Nations released a Report on Financial Integrity For Sustainable Development (the “Report”). Although the Report is…more

Cross-Border Transactions, Financial Crimes, Money Laundering, United Nations

See all updates »

DOJ launches whistleblower pilot program and cracks down on artificial intelligence misuse

Following a year of new DOJ policies and guidance designed to incentivize companies to self-report misconduct and to cooperate with government investigations, the DOJ has added a new pilot whistleblower rewards program. In…more

Artificial Intelligence, CFTC, Corporate Misconduct, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Oregon Creates Community Solar Program

Oregon Governor Kate Brown has signed legislation enacting a new community solar program permitting utilities and third parties to own or operate a community-based renewable energy project. The law also sets a specific target…more

Coal-Fired Generation, Energy Projects, Energy Sector, New Legislation, Public Utilities Commission

See all updates »

Illinois Supreme Court: BIPA Damages Accrue with Each Collection

In a landmark decision that will have widespread effects, the Illinois Supreme Court ruled that a claim accrues each time—rather than just the first time—that data is collected in violation of the Biometric Information Privacy…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

See all updates »

Impact of USPTO Interim Guidance on Chemical, Pharmaceutical, and Biotech Inventions

The recent interim guidance issued by U.S. Patent and Trademark Office (USPTO) provides applicants and practitioners with more helpful information about which types of claims the USPTO will find to satisfy subject matter…more

AMP v Myriad, Genetic Materials, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

See all updates »

New Jersey Enacts Groundbreaking Charter School Financing Law

The state of New Jersey has enacted a groundbreaking law granting public charter schools and renaissance schools access to low-interest financing through the Public Charter and Renaissance School Facilities Loan Program. This…more

Charter Schools, Construction Project, Educational Institutions, Financial Institutions, Infrastructure

See all updates »

Housing Market Industry Group Urges Supreme Court to Preserve CFPB’s Mortgage and Real-Estate Regulations Regardless of Constitutional Question’s Outcome

As the financial services industry continues to monitor the proceedings in Community Financial Services Association of America v. Consumer Financial Protection Bureau, an industry group composed of the Mortgage Bankers…more

Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Bankers Association, Mortgages

See all updates »

Congressional Representatives Express Concern Regarding FDIC’s Regulation of FinTech Firms and Financial Innovation

On February 2, 2024, three Republican members of the House Financial Services Committee sent a letter to Federal Deposit Insurance Corporation (“FDIC”) Chair Martin Gruenberg expressing concern regarding what the congressmen…more

Consent Order, Consumer Financial Products, FDIC, Financial Institutions, Financial Regulatory Reform

See all updates »

Federal Court Holds 30-Day Validation Notice Language Violates FDCPA

A federal district court in Pennsylvania recently granted summary judgment to a debtor in a lawsuit filed against a collection law firm under the Fair Debt Collection Practices Act (FDCPA)…more

Collection Action, Debt Collection, Debt Collectors, FDCPA, Notice Requirements

See all updates »

SEC Releases Guidance on Cybersecurity Disclosures

In light of the increasing significance of cybersecurity incidents, and their potential impact on a company's operations, on February 21, the Securities and Exchange Commission (SEC) issued guidance to public reporting companies…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Protection

See all updates »

Bankruptcy Court Finds There Is No Excuse for Inconvenienced Creditors

The U.S. Bankruptcy Court for the Eastern District of Virginia held recently that unsecured creditors who fail to monitor bankruptcy proceedings for treatment of their claim do not show “excusable neglect” and must face the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or independent…more

Department of Labor (DOL), Employer Liability Issues, Federal Labor Laws, Gig Economy, Hiring & Firing

See all updates »

USPTO Guidance: Human Contribution Is Key to Patent Eligibility

The United States Patent and Trademark Office (USPTO) recently published guidance regarding artificial intelligence (AI) assisted invention. The explanatory guidance acknowledges that “while an AI system may not be named an…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, New Guidance

See all updates »

Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing

On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott International,…more

Article III, California Consumer Privacy Act (CCPA), Corporate Counsel, Cybersecurity, Data Breach

See all updates »

DOJ Mandates Consultation and/or Approval Before Investigating Congressional Members or Staffers

Summary - Local U.S. Attorneys will be required to consult with, and in some circumstances obtain approval from, the Department of Justice (DOJ)’s Public Integrity Section before proceeding in any cases involving members of…more

Consultation, Criminal Investigations, Department of Justice (DOJ), Federal Crimes, Government Investigations

See all updates »

HUD Releases Supplemental RAD Notice

Summary - Recently, the U.S. Department of Housing and Urban Development (HUD) released its highly anticipated Supplement to the RAD Notice (Supplement), which makes a number of changes to the current Rental Assistance…more

Affordable Housing, HUD, Low-Income Issues, Public Housing, Real Estate Market

See all updates »

Nevada Lifts Commercial Evictions and Foreclosures Moratorium

The State of Nevada lifted the moratorium on commercial evictions and commercial foreclosures in the state, effective July 1, 2020…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure

See all updates »

Amendments Strengthen Toxic Substances Control Act

President Obama's signing of amendments to the Toxic Substances Control Law sealed a welcome effort to overhaul the 40-year-old Toxic Substances Control Act (TSCA). The amendments were spurred on by a rare bipartisan consensus…more

Chemicals, Environmental Protection Agency (EPA), Legislative Amendments, Manufacturers, Preemption

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 »

Booking.com Not Generic: Supreme Court Holds Combined Generic Terms Can Be Eligible for Trademark Registration

The Supreme Court held June 30, 2020, in United States Patent and Trademark Office v. Booking.com B.V., that a generic term combined with a generic internet-domain suffix is not per se ineligible for trademark registration…more

Acquired Distinctiveness, Appeals, Booking.com, Descriptive Trademarks, Domain Name Registration

See all updates »

2020 Annual Meeting Considerations for Public Reporting Companies as a result of COVID-19

In an effort to limit exposure and contain Coronavirus Disease-2019 (COVID-19), public companies are monitoring developments in the outbreak and announcements from public health authorities and federal, state, and local…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, EDGAR, Filing Deadlines

See all updates »

SEC Announces First Enforcement Action Against Public Company for Misleading COVID-19 Disclosures

Summary - The Securities and Exchange Commission (SEC) announced today that it has settled its case against The Cheesecake Factory charging the national restaurant chain with providing misleading disclosures in filings—the…more

Coronavirus/COVID-19, Enforcement Actions, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

Congress, White House Signal Increased Antitrust Enforcement

Summary - Increased antitrust enforcement is a hot topic in the nation’s capital this summer, with the House Judiciary Committee approving a package of legislation that would reshape the antitrust laws last week and an…more

Antitrust Provisions, Competition, Federal Trade Commission (FTC), Mergers, Vertical Mergers

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

Connecticut poised to become fifth state to enact privacy law

Connecticut is the next in a growing list of states to pass comprehensive data privacy legislation.  Last Friday, the Connecticut legislature passed, by large margins, Senate Bill 6 — which we are referring to as the Connecticut…more

Cybersecurity, Data Privacy, Data Protection, Personal Data, Popular

See all updates »

SEC Proposes to Improve the Retail Investor Experience Through Modernized Fund Shareholder Reports and Disclosures

The Securities and Exchange Commission (the SEC) proposed comprehensive modifications to the disclosure framework for mutual funds and exchange-traded funds (ETFs and, collectively with mutual funds, funds). The purpose of the…more

Disclosure Requirements, ETFs, Exchange-Traded Products, Investment Management, Mutual Funds

See all updates »

FTC targets deceptive practices in merchant cash advance case

The Federal Trade Commission recently prevailed on summary judgment in a case against Jonathan Braun and his company RCG Advances, LLC. The product at issue, merchant cash advances, generally provide small businesses with…more

Consumer Financial Products, Enforcement Actions, Federal Trade Commission (FTC), Financial Institutions, Financial Services Industry

See all updates »

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a…more

Acquisition Agreements, Antitrust Division, Antitrust Provisions, Competition, Corporate Sales Transactions

See all updates »

D.C. Circuit Decision Clouds Joint Employer Battle

At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Hiring & Firing

See all updates »

Nevada Lifts Commercial Evictions and Foreclosures Moratorium

The State of Nevada lifted the moratorium on commercial evictions and commercial foreclosures in the state, effective July 1, 2020…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure

See all updates »

Carrots and Sticks – FTC Presses Parties Under Investigation to Accept Tolling Agreements

On February 20, 2024, Director Samuel Levine of the Federal Trade Commission’s Bureau of Consumer Protection (Bureau) issued a statement promoting the use and acceptance of tolling agreements. Tolling agreements pause the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Financial Services Industry, FTC Act

See all updates »

FTC Agrees to Settlement with Lead Generator Banning Telemarketing and Robocall Activities

The Federal Trade Commission (FTC) recently announced a proposed order settling a Complaint against California-based lead generator Response Tree LLC and its president, Derek Doherty, banning them from making or assisting anyone…more

Data Privacy, Do Not Call List, Enforcement Actions, Federal Trade Commission (FTC), Financial Services Industry

See all updates »

Maryland's Nutrient Trading Program Set to Launch: Program Regulations Effective July 16

The Maryland Department of the Environment (MDE) has published final regulations to implement Maryland's Water Quality Nutrient Trading Program…more

Discharge of Pollutants, Environmental Policies, Regulatory Oversight, Regulatory Requirements, State and Local Government

See all updates »

PA Excludes Dependent Care Assistance from Taxable Income

The Commonwealth of Pennsylvania changed its tax treatment of assistance that employers provide for dependent care services – including dependent care flexible spending accounts. Retroactive to January 1, 2023, Pennsylvania will…more

Dependent Care, Employee Benefits, Employees, Flexible Spending Accounts, Income Taxes

See all updates »

Philadelphia Employers Will Soon Be Required to Provide Commuter Benefits to Their Employees

Summary - On June 9, 2022, the Philadelphia City Council passed an ordinance that would require certain employers to make available to eligible employees a commuter transit benefit program. The bill is currently awaiting the…more

Commute Time, Covered Employees, Employer Liability Issues, Travel Time, Wage and Hour

See all updates »

SEC Adopts Final Rules to Facilitate Intrastate and Regional Securities Offerings

The Securities and Exchange Commission (SEC) has adopted final rules modernizing and expanding the ways in which smaller companies can raise capital. Rule 147 of the Securities Act of 1933, as amended, provides a safe…more

Capital Raising, Crowdfunding, Doing Business, Financial Institutions, Financial Markets

See all updates »

Department of Interior Revises Regulations for Native American Graves Protection and Repatriation Act

Revised regulations to the Native American Graves Protection and Repatriation Act (NAGPRA) went into effect January 12, 2024, setting a five-year deadline for museums and Federal agencies to consult and update inventories of…more

Department of the Interior, Federal Funding, Museums, Native American Issues

See all updates »

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important…more

Appeals, Banking Sector, Banks, Best Practices, COPPA

See all updates »

FEC: Cybersecurity Services to Candidates, Political Parties Not In-Kind Contributions

The Federal Election Commission (FEC) released a draft advisory opinion (draft AO) this week, holding that a nonprofit corporation providing certain cybersecurity services to candidates and political parties are not in-kind…more

501(c)(4), Advisory Opinions, Cyber Threats, Cybersecurity, Digital Service Providers

See all updates »

Ballard Spahr provides comments to CFPB on administrative adjudication proceedings

Ballard Spahr attorneys have submitted comments to the CFPB in response to its Request for Information Regarding Bureau Rules of Practice for Adjudication Proceedings…more

Adjudicatory Process, Administrative Proceedings, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Request For Information

See all updates »

Treasury Proposes New Regulations for Retirement Plan "Hardship Distributions"

The U.S. Department of the Treasury has issued new proposed regulations that provide more flexibility for 401(k) and 403(b) plan participants to access their retirement accounts in the event of a financial hardship, as directed…more

401k, 403(b) Plans, Bipartisan Budget Act, Employee Benefits, Hardship Distributions

See all updates »

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the…more

Appeals, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

Consumer Finance Monitor Podcast Episode: The FTC's Updates to its Guides on the Use of Endorsements and Testimonials in Advertising and Proposed Rule on the Use of Consumer Reviews and Testimonials

Our special guest is Michael Ostheimer, Senior Consumer Protection Attorney in the FTC’s Division of Advertising Practices. In June 2023, the FTC updated its guides that set forth the FTC’s position on how Section 5 of the FTC…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Federal Trade Commission (FTC)

See all updates »

Mum’s the Word: Pegasystems Reminds Companies to Think Hard Before Denigrating Pending Claims

Summary - A recent ruling on a motion to dismiss in a shareholder putative class action, brought by an investor against software company Pegasystems (Pega) in the District of Massachusetts, should give legal leaders and…more

Form 10-K, Misleading Statements, Motion to Dismiss, Publicly-Traded Companies, Putative Class Actions

See all updates »

Small Business Interest Group Challenges CTA’s Constitutionality

In our last post discussing the new regulations issued under the Corporate Transparency Act (“CTA”), we suggested that “time will tell whether industry groups will launch lawsuits challenging the Final Rule.” That time has…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Money Laundering

See all updates »

The SEC FY 2023 Budget Request Predicts Increased Enforcement Activities

Summary - The Securities and Exchange Commission (SEC) this week released its annual Congressional Budget Justification. The agency is seeking a budget of $2.15 billion for FY 2023, which is almost $240 million more than it…more

Enforcement Actions, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

See all updates »

No provisions on arbitration or interest rate cap in final version of NDAA

The final version of the National Defense Authorization Act for Fiscal Year 2022 (NDAA) (S. 1605) currently awaiting President Biden’s signature does not contain several proposed provisions that members of the consumer financial…more

Arbitration, Biden Administration, NDAA, SCRA

See all updates »

The American Front in Russia’s War on Ukraine: DOJ’s “Task Force KleptoCapture” Continues Focus on Operations of Sanctioned Oligarchs

We previously have blogged on actions taken by the DOJ’s “Task Force KleptoCapture,” an interagency law enforcement task force with a mandate to target sanctioned Russian and pro-Russian oligarchs. While explicitly launched in…more

Anti-Corruption, Anti-Money Laundering, Banks, Criminal Fascilitation, Department of Justice (DOJ)

See all updates »

DOJ Seeks to “KleptoCapture” Sanctioned Russian Oligarch’s NYC and Miami Properties Via Forfeiture

Last month we blogged on an indictment in the Southern District of New York (“SDNY”) charging Vladimir Voronchenko (“Vorenchenko”) with scheming to make payments to maintain multiple properties in New York and Florida owned by…more

Department of Justice (DOJ), Economic Sanctions, Forfeiture, International Emergency Economic Powers Act (IEEPA), Money Laundering

See all updates »

Corporate Political Disclosure Rankings Show ‘Dramatic Gap’ in Transparency Between Largest and Smaller Companies

Summary - The Center for Political Accountability (CPA) and the University of Pennsylvania’s Zicklin Center for Governance and Business Ethics unveiled their 2022 CPA-Zicklin Index on October 11, revealing a “dramatic gap” in…more

Corporate Culture, Corporate Governance, Ethics, Transparency

See all updates »

Maryland to Increase IDOT Exemption Threshold Effective July 1, 2024

Summary - The threshold for indemnity deed of trust (IDOT) recordation tax deferral in Maryland increased from $3,000,000 to $12,500,000, effective July 1, 2024. This is welcome news for commercial real estate owners and…more

Deed of Trust, IDOT, Loans, Mortgages, Recordation Taxes

See all updates »

Sixth Circuit Sides with The New York Times in Defamation Suit

An article in The New York Times about controversy surrounding an Ohio State University cancer researcher was not defamatory because reasonable readers would understand it was “a standard piece of investigative journalism” that…more

Cancer, Defamation, Journalism, Motion to Dismiss, New York Times

See all updates »

California Workers Must Continue to Wear Masks Unless All Employees are Vaccinated

With California set to lift nearly all masking and social distancing requirements on June 15, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) has placed the burden on employers with unvaccinated…more

Cal-OSHA, Coronavirus/COVID-19, Infectious Diseases, Masks, Vaccinations

See all updates »

States and Business Groups Challenge Increase to FLSA Salary Threshold

Twenty-one states and more than 50 business groups, in separate actions, have filed suit in the Eastern District of Texas seeking to enjoin implementation of the Department of Labor's (DOL) Final Rule increasing the salary…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

See all updates »

Webinar Recording - Artificial Intelligence An Overview of the U.S. and EU Regulatory Landscape

The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S. and…more

Artificial Intelligence, EU, Regulatory Requirements

See all updates »

Fourth Circuit Holds That Website Tester Has Standing

The United States Court of Appeals for the Fourth Circuit ruled that a disabled Florida resident has standing to sue a Maryland hotel under the Americans with Disabilities Act (“ADA”), despite that Florida resident (the …more

Americans with Disabilities Act (ADA), Public Accommodation, Title III, Website Accessibility, Website Owner Liability

See all updates »

UPDATED: New York Federal Reserve Expands Eligible Issuers and Provides Indicative Pricing and Sample Transaction Documents for Municipal Liquidity Facility

The Federal Reserve Bank of New York (the New York Fed) has announced an expansion of its $500 billion Municipal Liquidity Facility to allow participation by designated cities and counties that do not meet the population…more

Bond Issuers, FRBNY, Municipal Liquidity Facility (MLF), Municipal Securities Market, Popular

See all updates »

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s…more

Educational Institutions, Employee Definition, Employees, Employment Policies, Federal Labor Laws

See all updates »

Another Federal Court Orders Production of Data Breach Forensic Report

Following in the footsteps of the Eastern District of Virginia’s Capital One decision last year and the District of D.C.’s Clark Hill decision earlier this year, the Eastern District of Pennsylvania has just ordered the…more

Corporate Counsel, Cyberforensics, Cybersecurity, Data Breach, Data Protection

See all updates »

Increased Interest Rates May Require Special Districts to Rebate Earnings on, or Change Investments of, Tax-Exempt Bond Proceeds

Since March 2022, the Federal Reserve has gradually raised interest rates in its ongoing fight against inflation and has indicated plans to continue increasing rates through 2023. Due to this rising interest rate environment,…more

Interest Rates, Rebates, Special Districts, Tax-Exempt Bonds

See all updates »

Texas Federal Judge Enjoins Protections for Pregnant Workers

On Tuesday, February 27, 2024, a federal judge enjoined the enforcement of the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas. Judge James Wesley Hendrix determined that a proxy voting rule in place during the…more

Civil Rights Act, Department of Homeland Security (DHS), Employee Benefits, Employees, Motion To Enjoin

See all updates »

New Jersey Enacts Groundbreaking Charter School Financing Law

The state of New Jersey has enacted a groundbreaking law granting public charter schools and renaissance schools access to low-interest financing through the Public Charter and Renaissance School Facilities Loan Program. This…more

Charter Schools, Construction Project, Educational Institutions, Financial Institutions, Infrastructure

See all updates »

Nevada Narrows Director and Officer Liability for Alleged Duty-of-Care Violations

A Nevada Supreme Court ruling last week further narrows the scope of Nevada officer and director liability for violations of their duty of care…more

Breach of Duty, Business Judgment Rule, Directors, Duty of Care, Gross Negligence

See all updates »

New Hampshire Enacts P3 Legislation

New Hampshire has joined a growing number of jurisdictions in the United States that have enacted legislation enabling public-private partnerships (P3) for transportation infrastructure projects. According to Governor Maggie…more

Construction Industry, Construction Project, Department of Transportation (DOT), Design-Build-Finance-Operate-Maintain (DBFOM), Infrastructure

See all updates »

FloatMe Settlement with FTC Contains Exacting Requirements

On January 22, 2024, the Federal Trade Commission (FTC) entered into a Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief (the “Order”) with FloatMe Corp. (“FloatMe”), a fintech that offers short-term…more

Automatic Renewals, Consumer Financial Products, ECOA, Fair Lending, Federal Trade Commission (FTC)

See all updates »

The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Gender Discrimination

See all updates »

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded or…more

Buy America, Department of Transportation (DOT), Federal Highway Administration, Highway Trust Fund, Infrastructure

See all updates »

Virginia Takes Significant Step Toward Casino Gaming

Casino gaming also would be limited to cities that meet certain very specific criteria relating to poverty rates, unemployment, and population decreases, among other factors. Effectively, the criteria would limit casino gaming…more

Business Licenses, Casinos, Gambling, Gaming, Licensing Rules

See all updates »

Investment Management Update

The Investment Management Update keeps you apprised of recent developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. …more

Best Interest Standard, Broker-Dealer, Business Development Companies, Conflicts of Interest, Disclosure Requirements

See all updates »

South Dakota Supreme Court Protects Trusts from California Order

California resident Cleopatra Cameron was the beneficiary of trusts created under California law. In 2009, her husband, Christopher Pallanck, filed for divorce in California. As part of the divorce proceeding, the California…more

Alimony, Beneficiaries, Child Support, Divorce, Full Faith and Credit Clause

See all updates »

Nevada Supreme Court Holds Reporter’s Privilege Applies After Reporter’s Death

Summary - The Nevada Supreme Court reversed a lower court’s order allowing police and district attorneys to search through assertedly privileged newsgathering material on seized electronic devices of murdered Las Vegas…more

Amicus Briefs, Confidential Source, Crime Victims, Criminal Prosecution, Electronic Devices

See all updates »

Why an ADA-compliant website saves dollars and makes sense

The internet is a powerful tool that has made many everyday activities like shopping, entertainment and seeking services more convenient, but that’s not the case for millions of users with disabilities who are being shut out by…more

Americans with Disabilities Act (ADA), Disability Discrimination, Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability

See all updates »

Investment Management Update

Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry…more

Annuities, Cryptocurrency, Cybersecurity, Enforcement Actions, Hedge Funds

See all updates »

Tax-Exempt Bonds: Telephonic Public Hearings Now Permanent

For public hearings held on or after March 18, 2022, new Revenue Procedure 2022-20, released by the Internal Revenue Service, allows issuers and approving governmental units to conduct telephonic public hearings for tax-exempt…more

Bonds, IRS, Revenue Procedures, Tax-Exempt Bonds

See all updates »

Managing Legal Issues From the Use of ChatGPT and Generative AI

The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new,…more

Artificial Intelligence, Data Privacy, Data Security, Machine Learning

See all updates »

Telehealth Compliance: Don’t Be Complacent During COVID-19

The incremental adoption of telehealth services exploded at the onset of the COVID-19 public health emergency (PHE), establishing telehealth as an integral tool for patient care…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Public Health Emergency, Telehealth

See all updates »

Who Is a ‘Foreign Official’ under the FCPA? Eleventh Circuit Weighs In

Providing appellate guidance for the first time, the U.S. Court of Appeals for the Eleventh Circuit interpreted a key term defining the types of “foreign officials” subject to the Foreign Corrupt Practices Act (FCPA) and…more

Appeals, Appellate Review, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Foreign Official

See all updates »

Court Rejects Philadelphia's Method of Assessing Condominium Properties

In Philadelphia, real estate taxes are based on assessed values set by the Office of Property Assessment (OPA). The OPA sets a land value and improvement value for each property. Since 2003, the City has given owners of new…more

Condominiums, Property Tax, Property Valuation, Tax Abatement, Tax Assessment

See all updates »

Selected Business Provisions of the Proposed Tax Relief for American Families and Workers Act of 2024

On January 31, 2024, the United States House of Representatives passed the Tax Relief for American Families and Workers Act of 2024 (TRAFW Act), which is now under consideration in the Senate. The TRAFW Act, in addition to other…more

Bonus Depreciation, Employee Retention, Internal Revenue Code (IRC), IRS, Pending Legislation

See all updates »

Supreme Court Provides New Ammunition for Defeating Securities Fraud Class Actions

The U.S. Supreme Court today gave companies new ammunition to defeat securities fraud class actions. In Halliburton v. Erica P. John Fund, the Court held that defendants can, at the preliminary class certification stage, rebut…more

Basic v Levinson, Class Action, Fraud, Fraud-on-the-Market, Halliburton

See all updates »

CFPB Lifts Nearly Two-Year Hiring Freeze

The CFPB has lifted a nearly two-year hiring freeze and accelerated its recruitment efforts. Mick Mulvaney imposed the freeze when he replaced Richard Cordray, an appointee of President Barack Obama, and became interim Director…more

Consumer Financial Protection Bureau (CFPB), Critical Infrastructure Sectors, Hiring & Firing, Hiring Freeze, Policy Statement

See all updates »

When A Purported Money Laundering Investigation Turns Into a Class Action Complaint: The Latest Round in BofI’s Fight to Put Money Laundering Allegations in the Rearview Mirror

In February 2017, we blogged about a whistleblower complaint filed against Bank of the Internet (“BofI”) by its former internal auditor. The blog post addressed what the whistleblower believed was BofI’s wrongdoing in relation…more

AML/CFT, BSA/AML, Criminal Investigations, Financial Institutions, Loss Causation

See all updates »

The Short-Term Impact of Coronavirus on Deal Activity

Speculation about the impact of coronavirus and recent stock market volatility, including Thursday’s worst decline since the 1987 market crash, on M&A activity has intensified. Members of Ballard Spahr’s Mergers & Acquisitions…more

Acquisition Agreements, Business Continuity Plans, China, Coronavirus/COVID-19, Crisis Management

See all updates »

Nothing to See Here: Treasury Report Naming Russian Oligarchs Rehashes Old News and Provides No New Sanctions

Twelve minutes ahead of the deadline set by Congress back in August, the U.S. Treasury Department issued a highly anticipated report listing Russian oligarchs and senior political figures. That sound you heard at 11:48 Monday…more

CAATSA, Economic Sanctions, Money Laundering, Office of Foreign Assets Control (OFAC), Russia

See all updates »

SEC Signals New Phase of Regulation FD Enforcement

The United States Securities and Exchange Commission (SEC) announced yesterday, August 20, 2019, that it charged TherapeuticsMD, Inc., a pharmaceutical company headquartered in Boca Raton, Florida, with violations of Regulation…more

Disclosure Requirements, Enforcement Actions, FDA Approval, Financial Markets, Food and Drug Administration (FDA)

See all updates »

N.Y. Decision May Hinder Early Class Action Settlements

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York state…more

Appeals, Class Certification, Corporate Counsel, Employment Litigation, Hiring & Firing

See all updates »

New York Governor Bolsters Freedom of Information Law

Champions of government oversight notched a significant win this week as New York Governor Andrew Cuomo signed legislation strengthening that state's Freedom of Information Law (FOIL)…more

Attorney's Fees, Legal Fees, New Legislation, Public Access Laws, Public Records

See all updates »

Fed Circuit Decision Gives Broad Patents New Concerns

The Federal Circuit Court of Appeals overruled prior precedent this week in Williamson v. Citrix Online, LLC and lowered the standard for patent invalidity under 35 U.S.C. § 112 (f)—the statute that requires functional claims…more

Appeals, Covered Business Method Patents, Means-Plus-Function, Patent Invalidity, Patent Litigation

See all updates »

Form 8-K Disclosures – COVID-19 Impacts

As a result of the operational and economic turmoil that has been caused by the global spread of COVID-19, many public reporting companies are considering disclosure obligations regarding the various ways the virus has impacted…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Form 8-K, Publicly-Traded Companies

See all updates »

Trade Groups Say “No Thanks” To Notion That FDIC Should Consult CFPB Before Approving Bank Mergers

The results are in after the closing of a public comment period related to the Federal Deposit Insurance Corp.’s review of its bank merger policies. The request for information (RFI) included questions related to the agency’s…more

American Bankers Association, Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), FDIC

See all updates »

HR 7024: Low-Income Housing Legislation on the Move

On January 19, 2024, the House Ways and Means Committee approved the bipartisan tax legislation, “The Tax Relief For American Families and Workers Act of 2024”. Two proposed changes to Section 42 of the Internal Revenue Code…more

Internal Revenue Code (IRC), IRS, LIHTC, Low Income Housing, Popular

See all updates »

HUD OIG Update

The Office of the Inspector General (OIG) for the Department of Housing and Urban Development (HUD) recently issued its Semiannual Report to Congress for the period from April through September 2018…more

Administrative Authority, Annual Reports, Community Development, Criminal Conspiracy, Criminal Prosecution

See all updates »

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: November 2019

Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal challenges…more

Advertising, Brand, California Consumer Privacy Act (CCPA), Cookies, Cybersecurity

See all updates »

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably avoided…more

Employees, Football, NCAA, NLRA, NLRB

See all updates »

Wisconsin Senate Proposes New Bill to Revise Money Transmission, Consumer Lenders, Collection Agency, and Other Financial Services Licenses

In November 2023, S.B. 668 was introduced in the Wisconsin Senate. S.B. 668 would make sweeping changes to the state laws governing financial service providers. The bill creates a pathway for the Wisconsin Department of…more

Collection Agencies, Consumer Lenders, Debt Collection, Financial Institutions, Financial Regulatory Reform

See all updates »

Nasdaq Files Rule Requiring Diverse Representation on Boards of Listed Companies

SUMMARY - On December 1, 2020, The Nasdaq Stock Market filed a proposed rule with the U.S. Securities and Exchange Commission (SEC), which, if approved, will require listed companies to disclose the racial, LGBTQ+ status, and…more

Board of Directors, Diversity, Nasdaq, Securities and Exchange Commission (SEC)

See all updates »

Municipal Securities Regulation and Enforcement: 2022 Year in Review and Look Ahead

As is widely known, the new issue market slowed down in 2022 due to a variety of factors, including rising interest rates, reduced institutional demand resulting from municipal bond fund outflows, inflation and recession fears,…more

Disclosure Requirements, Municipal Bonds, Municipal Securities Issuers, Municipal Securities Market

See all updates »

NYSE MKT Amends Rules on How Listed Companies May Disclose Material News

Recent amendments to the NYSE MKT Company Guide provide that NYSE MKT-listed companies can comply with that Exchange’s immediate release policy by disseminating required information using any method or combination of methods…more

NYSE, Press Releases, Publicly-Traded Companies, Regulation FD, Securities and Exchange Commission (SEC)

See all updates »

New Inclusionary Housing Mandates for Baltimore City

Summary - The Baltimore City Council has passed a new inclusionary housing law which will require most new multifamily, market-rate projects to make at least 10% of their units available to households with limited incomes, at…more

Construction Project, Financial Assistance Policies, Inclusionary Housing Ordinance, Low Income Housing, Multi-Family Development

See all updates »

CFPB Expected to Scrutinize Credit Card Rewards and Buy-Now-Pay Later Programs

Consumer Financial Protection Bureau (“CFPB”) Director Rohit Chopra shared his insights at Consumer Bankers Association Live industry conference in Washington D.C. Reuters reported that Chopra told sideline reporters, “We are…more

Banks, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders

See all updates »

CFPB to amend prepaid rule and extend effective date

The CFPB announced last Thursday that it expects to issue a final rule amending its final prepaid accounts rule “soon after the new year.”  In June 2017, the CFPB issued proposed amendments to the rule…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Prepaid Payment Products, Proposed Amendments

See all updates »

SEC 2021 Examination Priorities – Focus on Municipal Securities and Municipal Advisors

The U.S. Securities and Exchange Commission’s Division of Examination (Division) announced its 2021 examination priorities (the Report) on March 3, 2021. The Division’s examination priorities reflect areas that present…more

Financial Industry Regulatory Authority (FINRA), Libor, Municipal Securities Issuers, Municipal Securities Market, SEC Examination Priorities

See all updates »

The Need for Speed: The Delaware Rapid Arbitration Act

The Delaware Rapid Arbitration Act (DRAA), 10 Del. C. §§5801-581, which became effective this month, provides a new, speedy, and relatively low-cost arbitration process for commercial disputes through the Delaware Court of…more

Arbitration, Delaware Rapid Arbitration Act, Mediation

See all updates »

Supreme Court Allows States to Parlay Laws Into Moneyline of Sports Betting

The U.S. Supreme Court this week struck down a federal law that prohibits most states from allowing gambling on competitive sporting events. The Court's May 14 ruling in Murphy v. NCAA has significant potential implications for…more

Anti-Commandeering, Appeals, Constitutional Challenges, Murphy v National Collegiate Athletic Association, NCAA

See all updates »

NLRB General Counsel Says Certain College Athletes are Protected by Federal Labor Law

In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that…more

Federal Labor Laws, NLRA, NLRB, Student Athletes

See all updates »

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a…more

Acquisition Agreements, Antitrust Division, Antitrust Provisions, Competition, Corporate Sales Transactions

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 »

UPDATED: E-Signatures and Remote Online Notarization

E-Signatures and Remote Online Notarization: The Uniform Electronic Transactions Act (“UETA”) proposed by the Uniform Law Commission (“ULC”) in 1999 presented ways for states to effectuate electronic signatures with the…more

Coronavirus/COVID-19, E-Signatures, Notarization, Remote Notarization, UETA

See all updates »

PA Excludes Dependent Care Assistance from Taxable Income

The Commonwealth of Pennsylvania changed its tax treatment of assistance that employers provide for dependent care services – including dependent care flexible spending accounts. Retroactive to January 1, 2023, Pennsylvania will…more

Dependent Care, Employee Benefits, Employees, Flexible Spending Accounts, Income Taxes

See all updates »

Commercial Building Energy Compliance and Reporting Deadlines Approaching

Summary - A growing number of states and the District of Columbia have greenhouse gas legislation that includes a requirement for owners of certain commercial buildings to comply with state energy standards and to report…more

Climate Change, Commercial Leases, Commercial Property Owners, Energy Policy, Greenhouse Gas Emissions

See all updates »

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a…more

Acquisition Agreements, Antitrust Division, Antitrust Provisions, Competition, Corporate Sales Transactions

See all updates »

FinCEN Continues Its Focus on Real Estate Transactions through Advisory and GTOs

FinCEN has announced the expansion of its Geographical Targeting Orders (GTOs) for high-end cash buyers of real estate. The expansion is two-fold. First, FinCEN has expanded the scope of Form 8300 reportable transactions to…more

Beneficial Owner, BSA/AML, FATF, Financial Institutions, FinCEN

See all updates »

Blockchain Analysis and Related Expert Testimony Admissible In Criminal Trial

It is challenging for law enforcement to track down and trace illicit activities conducted through digital currencies. The process can be very time- and resource-intensive. Further, securing charges and arrests, and subsequent…more

Bitcoin, Blockchain, Cryptocurrency, Daubert Standards, Digital Assets

See all updates »

Review of the Accredited Investor Definition Under Dodd-Frank

On December 14, 2023, the Securities and Exchange Commission (SEC) released a staff report on the definition of accredited investor, examining the current status of the accredited investor pool and discussing several proposals…more

Accredited Investors, Capital Markets, Comment Period, Dodd-Frank, Regulation D

See all updates »

Updates on Verizon mass arbitration appeal and revised AAA mass arbitration supplementary rules

We previously wrote about a Ninth Circuit appeal taken by Verizon Wireless, Inc. after a California district court judge held that its arbitration agreement, which required mass arbitration disputes to be resolved by multiple…more

American Arbitration Association, Arbitration, Arbitration Agreements, Bellwether Verdicts, Filing Fees

See all updates »

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its leadership…more

Anti-SLAPP, Defamation, Federal Rule 12(b)(6), First Amendment, Free Speech

See all updates »

NYDFS Publishes Guidance to NY State Regulated Mortgage Lenders and Servicers Relating to Fees Paid to Register Mortgages in Default

On September 1, 2020 the NYDFS published Industry Guidance to the Chief Executive Officers or Equivalents or New York Regulated Mortgage Lenders and Services regarding the unlawful pass through to the mortgagor (“Borrower”) of a…more

Borrowers, Consumer Financial Products, Financial Institutions, Financial Services Industry, Mortgage Lenders

See all updates »

Hamas, Terrorist Financing, and Cryptocurrency

The October 7, 2023 attacks on Israel by Hamas have re-focused U.S. government efforts to identify and counter funding streams for Hamas and terrorist activity in general – including, in particular, through the use of…more

AML/CFT, Anti-Money Laundering, Cryptocurrency, Financial Crimes, Financial Institutions

See all updates »

SEC Proposes to Improve the Retail Investor Experience Through Modernized Fund Shareholder Reports and Disclosures

The Securities and Exchange Commission (the SEC) proposed comprehensive modifications to the disclosure framework for mutual funds and exchange-traded funds (ETFs and, collectively with mutual funds, funds). The purpose of the…more

Disclosure Requirements, ETFs, Exchange-Traded Products, Investment Management, Mutual Funds

See all updates »

FinCEN Proposes BSA Reporting Requirements for Residential Real Estate

On February 16, the Financial Crimes Enforcement Center (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) regarding residential real estate. The final version of the NPRM published in the Federal Register is 47…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Broker-Dealer

See all updates »

Proposed Delaware Law Would Extend Liability Protection to Corporate Officers

Delaware’s General Assembly soon will be considering a package of amendments to the Delaware General Corporation Law, including one that would permit corporations to shield Officers from certain types of stockholder damage…more

Board of Directors, Breach of Duty, Delaware General Corporation Law, Fiduciary Duty

See all updates »

IP Economy – Intangible Assets as Collateral

Intellectual property is an important, valuable, and often overlooked asset class that includes copyrights, trademarks, patents, trade secrets, and confidential information. Each category of intellectual property asset…more

Asset Management, Asset Valuations, Collateral, Consumer Financial Products, Intellectual Property Protection

See all updates »

Employers, Beware: DOJ, FTC Mean Business With Enhanced Antitrust Enforcement Efforts

Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased…more

Anticompetitive Behavior, Antitrust Provisions, Benchmarking, Department of Justice (DOJ), Employer Liability Issues

See all updates »

PA Provides New Spending Flexibilities and Nonjudicial Settlement Opportunities for Nonprofits, Charitable Trusts

On July 23, 2020, Pennsylvania Governor Tom Wolf approved 2020 Act 71, enacting House Bill 2484. The new law amends the Pennsylvania Consolidated Statutes, Titles 15 (Corporations and Unincorporated Associations) and 20…more

Amended Legislation, Charitable Organizations, Charitable Trusts, Coronavirus/COVID-19, Endowment Funds

See all updates »

New Incentive-Based Compensation: Proposed Rules for Financial Institutions

A group of financial regulatory agencies has released for comment revised proposed rules under Section 956 of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act. The rules provide for regulations and guidelines…more

Banking Sector, Clawbacks, Corporate Officers, Dodd-Frank, Executive Compensation

See all updates »

DE Supreme Court: No Class Vote Required Where Corporations With Multi-Class Capital Structure Adopted Exculpatory Charter Provision

Delaware’s Supreme Court unanimously rejected challenges by stockholders of two corporations who argued the respective companies invalidly adopted exculpatory charter provisions without giving each class of stock a separate…more

Business Litigation, Charter Amendments, DE Supreme Court, Delaware General Corporation Law, Exculpatory Clauses

See all updates »

PA Excludes Dependent Care Assistance from Taxable Income

The Commonwealth of Pennsylvania changed its tax treatment of assistance that employers provide for dependent care services – including dependent care flexible spending accounts. Retroactive to January 1, 2023, Pennsylvania will…more

Dependent Care, Employee Benefits, Employees, Flexible Spending Accounts, Income Taxes

See all updates »

SEC Adopts Amendments Regarding Share Repurchase Disclosure Modernization

Summary - On May 3, 2022, the Securities and Exchange Commission (SEC) adopted final rules to modernize disclosure requirements relating to the repurchase by issuers of equity securities that are registered under the…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

See all updates »

New Jersey Legislature Establishes Community Solar Program

With more than 2,000 megawatts of cumulative solar capacity installed, New Jersey is the nation's fifth-largest solar state, according to the Solar Energy Industries Association (SEIA). New legislation is designed to expand…more

Clean Energy, Energy Policy, Energy Sector, Infrastructure, Proposed Legislation

See all updates »

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Courts, States Continue to Wrestle with Homeowners Association Assessment Liens

The circumstances under which a condominium or homeowners association (HOA) lien for unpaid assessments may wipe out a lender’s mortgage lien continues to evolve across the country. As noted in our previous alerts regarding…more

Bank of America, Condominiums, Fannie Mae, FHFA, Foreclosure

See all updates »

Ballard Spahr Partner Dee Spagnuolo Joins CFPB OMWI Director on Panel at ABA Meeting

Ballard Spahr Partner Dee Spagnuolo joined Director Stuart Ishimaru of the CFPB’s Office of Minority and Women Inclusion and other industry leaders for the panel discussion "Diversity and Dodd-Frank Section 342," on September 8,…more

American Bar Association (ABA), Consumer Financial Protection Bureau (CFPB), Disability, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Action Required: Pending DC Warranty Legislation May Significantly Impact Multifamily Developers

Summary - The Condominium Warranty Claims Clarification Amendment Act of 2022, as proposed, will result in a major shift in many aspects of development in the District of Columbia that may substantially disadvantage…more

Apartments, Condominiums, Multi-Family Development, Rental Property

See all updates »

Online lending summit speakers discuss SPNB charters, CFPB trial disclosure policy, alternative data

At the Online Lending Policy Institute’s (OLPI) annual summit in Washington, D.C. earlier this week, the OCC’s recent decision to accept applications from non-depository financial technology firms for a special purpose national…more

Community Reinvestment Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Financial Services Industry

See all updates »

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the…more

Breach Notification Rule, Business Associates, Cloud Computing, Cloud Service Providers (CSPs), Covered Entities

See all updates »

HR 7024: Low-Income Housing Legislation on the Move

On January 19, 2024, the House Ways and Means Committee approved the bipartisan tax legislation, “The Tax Relief For American Families and Workers Act of 2024”. Two proposed changes to Section 42 of the Internal Revenue Code…more

Internal Revenue Code (IRC), IRS, LIHTC, Low Income Housing, Popular

See all updates »

National Housing Conference 2023 – 5 Takeaways

We were thrilled to be back—live and in-person—for Ballard Spahr’s 18th annual National Housing Conference last month. Not surprisingly, overcoming challenges in development and preservation of multifamily housing emerged as a…more

Affordable Housing, Community Development, Construction Project, Grants, Housing Developers

See all updates »

Philadelphia Zoning and Land Use Update - November 2022

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Construction Project, Permits, Urban Planning & Development, Zoning Laws

See all updates »

Building the Engine Alongside the Brakes: Acting Comptroller Hsu’s Remarks Discuss Impact of Artificial Intelligence and Tokenization in Banking

On June 16, 2023, Michael J. Hsu, Acting Comptroller of the Currency made remarks to the American Bankers Association (“ABA”) Risk and Compliance Conference in San Antonio, Texas. In his remarks, Hsu discussed both the benefits…more

Algorithms, American Bankers Association, Anti-Money Laundering, Artificial Intelligence, Cryptocurrency

See all updates »

GDPR And The Future of WHOIS Data

With the European Union’s General Data Protection Regulation (“GDPR”) set to go into effect on May 25, 2018, many questions remain as to what entities that control and process data from EU citizens must do to comply…more

Corporate Branding, Cross-Border, Data Protection, Domain Names, General Data Protection Regulation (GDPR)

See all updates »

Delaware Chancery Nixes Musk’s $55.8-Billion Tesla Pay-Out

The Delaware Court of Chancery invalidated a $55.8-billion payout by Tesla, Inc., to its founder and controlling stockholder, Elon Musk. In a 200-page post-trial decision, Chancellor McCormick stated Musk was required to prove…more

Board of Directors, Business Judgment Rule, Compensation, Controlling Stockholders, Elon Musk

See all updates »

Supreme Court Scales Back Safe Harbor Protection for Some Pre-Bankruptcy Fraudulent Transfers

Title 11 of the U.S. Bankruptcy Code contains provisions that allow some pre-bankruptcy transfers to be avoided, or "unwound," by a debtor in possession, trustee, or other party granted standing to do so…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

IRS Extends ACA Reporting Deadline

As it did last year, the IRS has extended the deadline for furnishing Forms 1095-B and 1095-C to individuals by 30 days. This reprieve will allow employers, health insurers, and other plan sponsors to distribute the forms on or…more

Affordable Care Act, Employee Benefits, Employer Mandates, Form 1094, Form 1095

See all updates »

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.”…more

Anti-Competitive, Antitrust Provisions, Competition, Enforcement Authority, Federal Trade Commission (FTC)

See all updates »

EPA Proposes to Extend Air Transport Rule to Five More States

The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute to…more

Air Pollution, Air Quality Standards, Clean Air Act, Environmental Protection Agency (EPA), NAAQS

See all updates »

Washington, DC Rent Control Updates

As a follow-up to our recent alerts, here is an update on rent control and other local activities in the Washington, DC region..…more

Consumer Price Index, Landlords, Rent Control, Rental Property, Tenants

See all updates »

Public Companies Face Heightened Risk of Insider Trading Due to COVID-19 Volatility

COVID-19 has injected significant uncertainty into our daily lives and enormous volatility into our markets. In the last two weeks alone, many major domestic and international indices have experienced their largest daily point…more

10b5-1 Plans, Business Disruption, Confidential Information, Coronavirus/COVID-19, Disclosure Requirements

See all updates »

Vermont Sets Declared Rate for 2023

The Declared Rate for determining high-interest/high-point home loans in Vermont will be four percent in 2023. Vermont law requires lenders to provide high rate disclosures on any loan with an interest rate that exceeds the…more

Banking Sector, Borrowers, Interest Rates, Lenders

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

Some Thoughts on the Year in Privacy and Data Security Law

As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019…more

California Consumer Privacy Act (CCPA), Carpenter v US, Cybersecurity, Data Breach, Data Security

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 »

Second Circuit Affirms Syndicated Loans Are Not Securities

Summary - The United States Court of Appeals for the Second Circuit upheld on August 24, 2023, a decision from the District Court to dismiss a securities fraud case brought by a Chapter 11 bankruptcy trustee, on the grounds…more

Bankruptcy Trustees, Chapter 11, Commercial Bankruptcy, Credit Agreements, Disclosure Requirements

See all updates »

HUD Releases Supplemental RAD Notice

Summary - Recently, the U.S. Department of Housing and Urban Development (HUD) released its highly anticipated Supplement to the RAD Notice (Supplement), which makes a number of changes to the current Rental Assistance…more

Affordable Housing, HUD, Low-Income Issues, Public Housing, Real Estate Market

See all updates »

CARES Act Temporarily Increases Debt Limit for Small Business Debtors, Creating Potential for Wave of Reorganization Cases

The measures adopted across the United States to stop the spread of COVID-19 have substantially impacted small businesses, with even thriving businesses facing a temporary but steep decline in, or in many instances loss of all,…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Reorganizations, SBA

See all updates »

Multifamily Update: Rent Control Coalition Analysis, ROFR Proposals, and Algorithmic Pricing

Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are some…more

Algorithms, Antitrust Litigation, Antitrust Provisions, Federal Trade Commission (FTC), Landlords

See all updates »

Pennsylvania Supreme Court Splits Over Tax Appeals

Summary - The recent 3 – 3 split by the Pennsylvania Supreme Court in GM Berkshire Hills LLC v Berks County Board of Assessment and Wilson School District leaves in place a school district’s ability to target recently sold…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Tax Appeals

See all updates »

Effects of COVID-19 on Private Equity

Private equity, like virtually every market and industry, has been affected by the coronavirus pandemic and, like many other markets and industries, the total effect of the pandemic remains unknown…more

Coronavirus/COVID-19, Economic Downturn, Financial Markets, Investment, Investment Funds

See all updates »

Maryland: Unemployment Compensation Update

On April 24, 2020, the Maryland Department of Labor launched a new application, the BEACON One-Stop (Beacon), for online claims filing. Beacon provides Marylanders with a single platform to file claims for unemployment benefits,…more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Relief Measures, Unemployment Benefits

See all updates »

Federal Court Rules Law Banning Audio Recording of Bail Proceedings is Unconstitutional

In a significant vindication of the public’s right of access to court proceedings, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania held that court rules barring the public from using…more

Audio Recording, Bail, Constitutional Challenges, Criminal Procedure, Federal Bans

See all updates »

SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Article III, Disability Discrimination, Mootness

See all updates »

Insider Trading Concerns Spur SEC to Propose Amending Rule 10b5-1

Summary - A proposal by the Securities and Exchange Commission to amend Rule 10b5-1, as well as recent enforcement activity relating to these plans, suggest that the SEC is concerned that the rule has been used as cover for…more

10b5-1 Plans, Enforcement Actions, Insider Trading, Proposed Amendments, Securities and Exchange Commission (SEC)

See all updates »

Treating Partners as Employees – Overview and Update

Limited liability companies (LLCs) have become the fastest-growing entity choice for businesses in recent years. LLCs provide flexibility in operations and distributions. However, to the surprise of many businesspeople, if an…more

Cafeteria Plans, Disregarded Entities, Employees, Employment Tax, FICA Taxes

See all updates »

Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation

New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), FCC, Financial Services Industry, TCPA

See all updates »

Pennsylvania Supreme Court Extends Its Landmark Robinson Township Decision in Pennsylvania Environmental Defense Foundation v. Commonwealth

The "Environmental Bill of Rights" is now indisputably the law of the land in Pennsylvania. A majority of the Pennsylvania Supreme Court reaffirmed and extended its landmark decision in Robinson Township v. Commonwealth, 83 A.3d…more

Conservation, Environmental Policies, Federal Land, Forestry, Natural Gas

See all updates »

NLRB Expands Joint Employer Rule

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The Final…more

Employment Contract, Federal Labor Laws, Final Rules, Hiring & Firing, Joint Employers

See all updates »

FTC bans phantom debt collectors from industry

On December 13, 2021, the Federal Trade Commission (FTC) announced that, under the terms of a settlement, a group of phantom debt collectors were permanently banned from the debt collection industry. The term “phantom debt” is…more

Debt Collection, Debt Collectors, Enforcement Actions, Federal Trade Commission (FTC), Robocalling

See all updates »

Government Programs Incentivize Office Property Conversions

Summary - Owners of office space have begun to unload their properties at heavily discounted prices—evidence that stakeholders believe the soft office-space market is here to stay. While local rules, zoning laws, and other…more

Commercial Property Owners, Property Owners, Residential Property Owners

See all updates »

Sale-Leaseback Arrangements Provide Attractive Fundraising Opportunity Amid Cooling Markets

Summary - While the low-interest-rate and high-property-value environment of the early pandemic years fueled astronomical sales, as the markets cool due to inflation and rising interest rates, many property owners are…more

Fundraisers, Interest Rates, Leaseback, Property Owners, Real Estate Market

See all updates »

As the COVID-19 Pandemic Continues, Colorado Implements Permanent Paid Sick Leave for All Employees

On July 14, 2020, Governor Jared Polis signed into law the Healthy Families and Workplace Act (HFWA), and Colorado joined the growing number of states and cities that require employers to provide paid sick leave. Many Colorado…more

Coronavirus/COVID-19, Paid Leave, Paid Time Off (PTO), Sick Leave, Sick Pay

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 Institutions

See all updates »

Philadelphia Zoning and Land Use Update - March 2022 #2

Pending Bills in the New Jersey State Legislature for the 2022-2023 Legislative Session - The New Jersey Legislature has introduced a number of bills for the upcoming Legislative Session that concern the issuance of zoning…more

Land Developers, Local Ordinance, Urban Planning & Development, Zoning Laws

See all updates »

CFPB Seeks Comment on Proposed Rules Addressing "Unique Nature" of PACE Financing

The Consumer Financial Protection Bureau (CFPB) has opened the public comment phase on its proposed rules on regulation of Property Assessed Clean Energy (PACE) loans for upfront costs of eligible energy improvements…more

Ability-to-Repay, Comment Period, Consumer Financial Protection Bureau (CFPB), Economic Growth Regulatory Relief and Consumer Protection Act, Energy Projects

See all updates »

SEC Amends Whistleblower Program Rules

Summary - Section 21F of the Securities Exchange Act of 1934 (the Exchange Act) governs the Securities and Exchange Commission (the SEC or the Commission) whistleblower program, which pays awards to eligible whistleblowers…more

Rule 21F, Securities and Exchange Commission (SEC), Securities Exchange Act, Whistleblower Awards, Whistleblowers

See all updates »

HIPAA: Privacy Required, Even When Information Goes Public

A celebrity collapses on stage and is rushed to the hospital. Rumors race through social media faster than the ambulance can navigate city streets. Was it exhaustion? Was it her heart? Was there a gunshot?…more

Electronic Medical Records, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare, HIPAA Privacy Rule

See all updates »

Treasury’s fintech report recommends changes directed at payments

A portion of the Treasury’s report entitled “A Financial System That Creates Economic Opportunities, Nonbank Financials, Fintech, and Innovation,” focuses on payments.  …more

Automated Clearing House (ACH), Consumer Financial Protection Bureau (CFPB), Debit and Credit Card Transactions, Disclosure Requirements, FinTech

See all updates »

Western District of Texas Reins In Nation's Busiest Patent Court

The U.S. District Court for the Western District of Texas has issued an order severely limiting the ability of plaintiffs to choose to have their cases heard by U.S. District Judge Alan Albright, who has presided over nearly…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

See all updates »

LIBOR Committee Publishes ‘Playbook’ as a Guide for Final Year of Conversion

Summary - The Alternative Reference Rate Committee (ARRC), convened by the Federal Reserve Board and the New York Fed to help ensure a successful transition from LIBOR to SOFR, this week published its LIBOR Legacy Playbook,…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Legacy Contracts, Libor

See all updates »

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential…more

Affirmative Action, Blacklist, Conflicts of Interest, Department of Labor (DOL), Disability

See all updates »

Press Coalition Urges Maryland to Preserve Criminal Court Transparency

Summary - A coalition of 18 national and state news organizations is asking the Maryland Supreme Court to reject an “emergency” proposal that would sharply limit press and public access to criminal court proceedings…more

Criminal Prosecution, Public Hearing, Sealed Records

See all updates »

D.C. Council Considers Significant Changes to Condo Warranty Claim Procedures

At its public hearing on September 22, 2022, the Council of the District of Columbia (D.C. Council) will consider new legislation on condominium warranty claims in the District. The pending bill is known as the Condominium…more

Condominiums, Construction Defects, Warranties

See all updates »

Ballard Spahr attorneys and Cornell University law professor submit comments opposing CFPB rulemaking on post-dispute consumer arbitration agreements

Ballard Spahr Senior Counsel Alan S. Kaplinsky and Mark J. Levin, and David Sherwyn, Professor of Law at Cornell University’s School of Hotel Administration, today submitted lengthy comments to the Consumer Financial Protection…more

Arbitration, Arbitration Agreements, Congressional Review Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

See all updates »

Press Coalition Urges Maryland to Preserve Criminal Court Transparency

Summary - A coalition of 18 national and state news organizations is asking the Maryland Supreme Court to reject an “emergency” proposal that would sharply limit press and public access to criminal court proceedings…more

Criminal Prosecution, Public Hearing, Sealed Records

See all updates »

Moody’s Finalizes Green Bonds Assessment Methodology

The municipal green bond market has taken another modest step towards solidifying recognized "green" standards in the market. Moody's previously published a proposed Green Bonds Assessment (GBA) methodology—a forward-looking…more

Financial Institutions, Financial Markets, Green Bonds, Moody's, Rating Agencies

See all updates »

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Selected Business Provisions of the Proposed Tax Relief for American Families and Workers Act of 2024

On January 31, 2024, the United States House of Representatives passed the Tax Relief for American Families and Workers Act of 2024 (TRAFW Act), which is now under consideration in the Senate. The TRAFW Act, in addition to other…more

Bonus Depreciation, Employee Retention, Internal Revenue Code (IRC), IRS, Pending Legislation

See all updates »

RAD for Mod Rehab – A Win-Win Proposition

The Rental Assistance Demonstration (“RAD”) is well known for the option to convert public housing subsidy to a long-term Section 8 Housing Assistance Payments contract (“HAP Contract”) — but RAD also allows owners to convert…more

HUD, Rental Assistance Demonstration, Rental Assistance Programs

See all updates »

Fed moves up FedNow launch date

On February 2, 2021, the Federal Reserve (“Fed”) announced that the launch date for its instant payments platform—FedNow—would be sooner than originally expected.  The announcement narrows the delivery timeframe by a full year…more

Banks, Federal Reserve, FedNow, Financial Institutions, Payment Systems

See all updates »

Affordable Housing on the Front Range: Inclusionary Housing Ordinances and the New Middle Income Housing Authority

In this episode, we’re joined by special guest Jeremy Durham. Jeremy is the Executive Director of Boulder Housing Partners. BHP builds, owns, and manages affordable housing for low and moderate income residents. Alejandro…more

Affordable Housing, Housing Market, Low-Income Issues

See all updates »

Mandatory Training for Community Association Board Members

Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in Maryland enacted legislation that requires training and certification for board…more

Board of Directors, Common Ownership, Condominiums, Homeowners Association (HOA), New Legislation

See all updates »

New Jersey Court Rejects Punitive Damages Waivers in Employment Arbitration Agreements

The New Jersey Appellate Division recently held in Roman v. Bergen Logistics, LLC, that a provision in an arbitration agreement that requires an employee to waive claims for punitive damages under the New Jersey Law Against…more

Arbitration Agreements, Employment Contract, Employment Litigation, Punitive Damages, Sex Discrimination

See all updates »

California Department of Justice Proposes Third Set of Amendments to CCPA Regulations

The Regulations to the California Consumer Privacy Act (CCPA) continue to evolve, in confusing fashion. As background, the AG’s Office had previously issued proposed Regulations to the CCPA in October 2019. The AG’s Office then…more

Amended Regulation, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

See all updates »

FTC Acting Chairwoman Rebecca Slaughter gives testimony to House Commerce Committee on FTC’s § 13(b) authority

On April 27, 2021, the House Committee on Energy and Commerce held a hearing titled, “The Consumer Protection and Recovery Act: Returning Money to Defrauded Consumers.” This hearing was held five days after the U.S. Supreme…more

Enforcement Actions, Equitable Relief, Federal Trade Commission (FTC), FTC Act, FTCA Section 13(b)

See all updates »

Consumer Finance Monitor Podcast Episode: Foreclosing on “Zombie” Mortgages: What Lenders and Servicers Should Know

We discuss various issues faced by lenders and servicers when attempting to foreclose on “zombie” mortgages, meaning second mortgages on which the borrower has not made a payment for a considerable length of time and the lender…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry, Mortgages

See all updates »

FinCEN Analysis Reveals Patterns and Trends in Suspected Evasion of Russia-Related Export Controls

Following Russia’s invasion of Ukraine, the Financial Crimes Enforcement Network (“FinCEN”) and the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a joint alert and a supplemental alert (the “Joint…more

Anti-Money Laundering, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

See all updates »

SEC Adopts Amendments Regarding Share Repurchase Disclosure Modernization

Summary - On May 3, 2022, the Securities and Exchange Commission (SEC) adopted final rules to modernize disclosure requirements relating to the repurchase by issuers of equity securities that are registered under the…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

See all updates »

FOIA Request Seeks Names of Organizations That Have Received Payments from CFPB’s Civil Penalty Fund

Federal News Wire – a non-partisan news group focusing on the activities of federal agencies – has issued a Freedom of Information Act (“FOIA”) request to the Consumer Financial Protection Bureau, seeking a list of all…more

Civil Penalty Fund, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Services Industry, FOIA

See all updates »

Pennsylvania Releases Final-Form Regulations for Long-Term Care Nursing Facilities

Summary - The Pennsylvania Department of Health on July 31, 2021, began overhauling the Commonwealth’s long-term care nursing facility regulations via four sets of proposed regulations. On December 24, 2022, the Department of…more

Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

See all updates »

Booking.com Not Generic: Supreme Court Holds Combined Generic Terms Can Be Eligible for Trademark Registration

The Supreme Court held June 30, 2020, in United States Patent and Trademark Office v. Booking.com B.V., that a generic term combined with a generic internet-domain suffix is not per se ineligible for trademark registration…more

Acquired Distinctiveness, Appeals, Booking.com, Descriptive Trademarks, Domain Name Registration

See all updates »

Nonprofits Should Consider Updated May 13, 2020 SBA Guidance on PPP Applications

On May 13, 2020, the Small Business Administration (SBA), with support from the Department of the Treasury, made two important announcements in its Frequently Asked Questions for administration of the Paycheck Protection Program…more

CARES Act, Certification Requirements, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP)

See all updates »

Bankruptcy Court Finds There Is No Excuse for Inconvenienced Creditors

The U.S. Bankruptcy Court for the Eastern District of Virginia held recently that unsecured creditors who fail to monitor bankruptcy proceedings for treatment of their claim do not show “excusable neglect” and must face the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

COVID-19 Sparks Interim Valuations for ESOPs

The spread of COVID-19 and the resulting economic downturn has caused employee stock ownership plan (ESOP) companies to question their annual stock valuations for purposes of ESOP participant distributions and diversifications…more

Coronavirus/COVID-19, Economic Downturn, ESOP

See all updates »

Determining Insolvency: A Critical Duty for Directors at Distressed Companies

Summary - If a corporation’s directors fail to identify the pivotal point at which their company becomes legally insolvent, they can be held personally liable for breaching their fiduciary duties to the corporation’s…more

Board of Directors, Breach of Duty, Fiduciary Duty, Insolvency, Shareholders

See all updates »

No Prevailing Wage Requirements for Pennsylvania Conduit Issuers

In an increasingly rare unanimous ruling, the Pennsylvania Supreme Court has affirmed the Pennsylvania Commonwealth Court’s holding that Ursinus College is not subject to prevailing wage requirements for a construction project…more

Bond Financing, Construction Project, Department of Labor (DOL), Educational Institutions, Higher Education Act

See all updates »

The California DFPI issues proposed regulations to implement new Debt Collection Licensing Act

On April 23, 2021, the California Department of Financial Protection and Innovation (“DFPI”) issued proposed regulations to implement the Debt Collection Licensing Act (“DCLA”)…more

Comment Period, Debt Collection, Debt Collectors, Department of Financial Protection and Innovation (DFPI), Financial Services Industry

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

Booking.com Not Generic: Supreme Court Holds Combined Generic Terms Can Be Eligible for Trademark Registration

The Supreme Court held June 30, 2020, in United States Patent and Trademark Office v. Booking.com B.V., that a generic term combined with a generic internet-domain suffix is not per se ineligible for trademark registration…more

Acquired Distinctiveness, Appeals, Booking.com, Descriptive Trademarks, Domain Name Registration

See all updates »

CA to Require GHG and Climate-Risk Reporting for Companies Nationwide

Summary - California’s new climate legislation requires thousands of public and private companies that conduct business in the state to disclose their Scope 1, 2, and 3 greenhouse gas emissions and climate-related financial…more

California, CARB, Climate Action Plan, Climate Change, Disclosure Requirements

See all updates »

Proposed Rent Control Regulations Raise Many Questions

As noted in our prior Alert, the Montgomery County Department of Housing and Community Affairs (DHCA) published draft regulations on February 1 to implement the County’s new rent control law. By its terms, the rent control law…more

Housing Market, Landlords, Multi-Family Development, Property Owners, Proposed Regulation

See all updates »

Tax-Exempt Bond Community Considers New Bond Regulations

In a very busy end of the year, the IRS provided two new bond regulations: The final public approval (TEFRA) regulations and proposed reissuance regulations…more

501(c)(3), Bond Issuers, IRS, New Regulations, Public Finance

See all updates »

Is Your Organization Tax-Exempt in D.C.? Act Soon to Retain the Exemption!

Organizations wishing to apply for or retain an exemption from the District of Columbia on income and franchise tax, sales and use tax, or personal property tax are subject to some new filing requirements…more

Determination Letter, Filing Requirements, Franchise Taxes, Income Taxes, IRS

See all updates »

Proposed Changes to the Mortgage Call Report, Proposal 2018-1

The NMLS has requested comments to the proposed changes to the Mortgage Call Report (MCR) as contained in Proposal 2018-1. Examples of the proposed changes include, but are not limited to, the following..…more

Banking Sector, Call Reports, Comment Period, Consumer Financial Products, NMLS

See all updates »

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

See all updates »

Changes to State Lobbying and Gift Laws Coming July 1, 2022

Summary - Effective July 1, 2022, Maryland will expand its lobbyist employer reporting requirements. The same day, Vermont’s recently enacted Code of Ethics will take effect regarding gifts to public servants…more

Ethics, Gifts, Lobbying, Reporting Requirements

See all updates »

Colorado Supreme Court Holds That Insurrection Clause Bars Trump From Primary Ballot

In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald J…more

Ballots, CO Supreme Court, Donald Trump, Federal Elections, Fourteenth Amendment

See all updates »

President Biden Announces White House Task Force on Worker Organizing and Empowerment

On April 26, 2021, President Biden signed an executive order establishing the “White House Task Force on Worker Organizing and Empowerment” (the “Task Force”), which will be dedicated to mobilizing the federal government’s…more

Biden Administration, Collective Bargaining, Executive Orders, Unions

See all updates »

Ballard Spahr-CREFC After-Work Seminar Recap: Addressing Challenges and Seizing Opportunities

Ballard Spahr was thrilled to host a Commercial Real Estate Finance Council after-work seminar in our offices in sunny Los Angeles this past Thursday evening. CREFC is the premier trade association in the United States for the…more

Commercial Real Estate Market, CREFC, Real Estate Financing, Real Estate Investments, Real Estate Market

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 »

DOJ Appoints New Leaders of Corporate Enforcement Program

Summary - The Department of Justice’s creation of two new leadership positions within the National Security Division (NSD) sends another strong signal to the private sector that federal law enforcement is pouring resources into…more

Criminal Prosecution, Department of Justice (DOJ), Economic Sanctions, Export Controls, Foreign Corrupt Practices Act (FCPA)

See all updates »

USDOT Suspends Buy America Requirements

Summary - The U.S. Department of Transportation (USDOT) has temporarily suspended Buy America requirements for certain construction materials needed to build infrastructure projects with federal participation, in part due to…more

Buy America, Department of Transportation (DOT), Infrastructure

See all updates »

Florida Federal Court Holds That Books May Not Be Removed From School Libraries for Ideological Reasons

A Florida Federal Court held that the First Amendment bars the removal of books from school libraries based on hostility to their ideas or viewpoint, and that book authors and book publishers have standing to challenge the…more

Authors, Books, Educational Institutions, First Amendment, Florida

See all updates »

South Dakota Supreme Court Protects Trusts from California Order

California resident Cleopatra Cameron was the beneficiary of trusts created under California law. In 2009, her husband, Christopher Pallanck, filed for divorce in California. As part of the divorce proceeding, the California…more

Alimony, Beneficiaries, Child Support, Divorce, Full Faith and Credit Clause

See all updates »

FinCEN and OFAC Advisories Aim to Increase Cybersecurity Awareness and Thwart Ransomware Attacks in the Financial Sector

October is National Cybersecurity Awareness Month, and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and Office of Foreign Assets Control (“OFAC”) kicked off the month by issuing two…more

Bank Secrecy Act, BSA/AML, Cyber Crimes, Cybersecurity, Financial Institutions

See all updates »

Ninth Circuit: Domino's Website Required to Comply With ADA

Litigation surrounding the accessibility of online services continues to evolve. On January 15, 2019, the U.S. Court of Appeals for the Ninth Circuit ruled that the website and mobile app of Domino's Pizza must comply with the…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Dominos, Due Process

See all updates »

Renewed interest in Mortgage Credit Certificate programs

Section 25 of the Internal Revenue Code (IRC) permits issuers of tax-exempt qualified mortgage revenue bonds to elect to issue mortgage credit certificates (MCCs) to eligible homebuyers in lieu of offering mortgages financed…more

Ginnie Mae, Internal Revenue Code (IRC), Mortgage Interest, Mortgage-Backed Securities, Tax Credits

See all updates »

Prepayment of tax-exempt bonds in connection with the sale of a multifamily housing project

In the last few years, we have seen an increase in the number of multifamily housing projects being sold at the completion of the 15-year low-income housing tax credit compliance period. Strong rental demand in many areas of the…more

LIHTC, Multi-Family Development, Real Estate Development, Real Estate Investments, Tax-Exempt Bonds

See all updates »

Maryland: Unemployment Compensation Update

On April 24, 2020, the Maryland Department of Labor launched a new application, the BEACON One-Stop (Beacon), for online claims filing. Beacon provides Marylanders with a single platform to file claims for unemployment benefits,…more

CARES Act, Coronavirus/COVID-19, Federal Pandemic Unemployment Compensation (FPUC), Relief Measures, Unemployment Benefits

See all updates »

IRS Issues Guidance on Clean Energy Tax Credits

Summary - The IRS recently released guidance with respect to the new tax credit direct payment and transferability rules created under the Inflation Reduction Act enacted last August. The guidance explains how to register for…more

Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Infrastructure, Investment Tax Credits

See all updates »

Colorado Supreme Court Holds That Insurrection Clause Bars Trump From Primary Ballot

In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald J…more

Ballots, CO Supreme Court, Donald Trump, Federal Elections, Fourteenth Amendment

See all updates »

Details Upon Details: Compliance Under MHPAEA’s New Proposed Regulations

Summary - The Departments of Labor, Health and Human Services, and the Treasury have proposed regulations under the Mental Health Parity Act that build on prior guidance to set forth requirements for an extremely detailed…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Health Insurance, Healthcare

See all updates »

FTC Seeks Privacy Information from Social Media and Video Streaming Companies

On December 14, 2020, the Federal Trade Commission (FTC) announced in a press release that it is issuing orders under the FTC’s authority in Section 6(b) of the FTC Act to the following nine social media and video streaming…more

Federal Trade Commission (FTC), FTC Act, Privacy Policy, Social Media

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

HUD OIG Update

The Office of the Inspector General (OIG) for the Department of Housing and Urban Development (HUD) recently issued its Semiannual Report to Congress for the period from April through September 2018…more

Administrative Authority, Annual Reports, Community Development, Criminal Conspiracy, Criminal Prosecution

See all updates »

The CTA at Two Months: Key Updates and Action Items

After years of anticipation, the Corporate Transparency Act (the CTA) officially went into effect on January 1, 2024. Now that we are two months into the CTA era, below are a few updates and recommended action items based on…more

Beneficial Owner, Congressional Authority, Corporate Transparency Act, Customer Due Diligence (CDD), Disclosure Requirements

See all updates »

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded or…more

Buy America, Department of Transportation (DOT), Federal Highway Administration, Highway Trust Fund, Infrastructure

See all updates »

Land Use Development in a Time of Distress: Preserving Entitlements

Summary - Owners and developers–threatened by a looming recession and escalating interest rates–may be faced with suspending or abandoning a project, which may present greater legal challenges than starting a project from the…more

Building Permits, Construction Project, Construction Site, Land Developers, Urban Planning & Development

See all updates »

FAA’s New Drone Rules Lift Aerial Journalism

Summary - The Federal Aviation Association (FAA) released two long-awaited rules expanding the operations of unmanned aircraft systems (UAS) or drones…more

Drones, Federal Aviation Administration (FAA), New Rules, Unmanned Aircraft Systems

See all updates »

CFPB Resumes Collection of Personally Identifiable Information for Examinations

CFPB Acting Director Mick Mulvaney reportedly announced on Thursday that he was lifting the freeze on the CFPB’s collection of personally identifiable information (PII) from companies it supervises…more

Banking Examinations, Consumer Financial Protection Bureau (CFPB), Data Collection, Data Security, Personally Identifiable Information

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 »

N.Y. Appeals Court Ruling on Short-Term Rental Lodging May Have Implications for Airbnb and Other “Sharing Economy” Companies

The New York Appellate Division’s recent decision that blocked a municipality’s attempt to regulate a homeowner’s renting out of his individual residence as short-term lodging demonstrates challenges that may face municipalities…more

AirBnB, Hospitality Industry, Rental Property, Residential Real Estate Market, Sharing Economy

See all updates »

California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class…more

Ascertainable Class, CA Supreme Court, Class Action, Class Certification, Class Members

See all updates »

Texas Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)…more

Employer Liability Issues, Final Rules, Franchises, Joint Employers, Labor Reform

See all updates »

Second SEC NFT-Enforcement Action Finds Another NFT to Be a Security

Summary - The SEC’s pursuit of the crypto industry continues with its second-ever settlement of a non-fungible token (NFT) enforcement action. The SEC settled with Stoner Cats 2 LLC (SC2), which sought to finance an animated…more

Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

See all updates »

Medical Residents Can Sue Under Title IX, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third Circuit's…more

Appeals, Educational Institutions, Employment Litigation, Hospitals, Hostile Environment

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

SCOTUS on Swearing: Lanham Act Violates First Amendment by Prohibiting Registration of Immoral or Scandalous Trademarks

The Supreme Court unanimously held on June 24, 2019, that the Lanham Act’s prohibition on registering “immoral” trademarks with the U.S. Patent and Trademark Office (USPTO) infringes upon the First Amendment because such a…more

Appeals, Constitutional Challenges, First Amendment, Free Speech, Iancu v. Brunetti

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 »

Changes to Pa. Power of Attorney Law: A Problem for Commercial Transactions

Secured lenders and other parties entering into commercial transactions face new, potentially problematic requirements under recent changes to Pennsylvania’s statute governing powers of attorney (20 Pa.C.S.A. Ch. 56), which…more

Amended Regulation, Commercial Loans, Lenders, Power of Attorney

See all updates »

Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation

New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), FCC, Financial Services Industry, TCPA

See all updates »

Consumer Fraud Act Amendment Would Prohibit Automakers and Dealers from Offering Vehicle Feature Subscriptions

Summary - New Jersey State Representative Paul Moriarty (D - Camden and Gloucester) has formally proposed a new bill to prohibit auto manufacturers and dealers from offering subscriptions for vehicle features if the…more

Automotive Industry, Consumer Fraud, Manufacturers, Motor Vehicles, Subscription Services

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 »

N.Y. Appeals Court Ruling on Short-Term Rental Lodging May Have Implications for Airbnb and Other “Sharing Economy” Companies

The New York Appellate Division’s recent decision that blocked a municipality’s attempt to regulate a homeowner’s renting out of his individual residence as short-term lodging demonstrates challenges that may face municipalities…more

AirBnB, Hospitality Industry, Rental Property, Residential Real Estate Market, Sharing Economy

See all updates »

CFPB Announces Eighth Consent Order for False and Misleading Mortgage Advertising of VA-Guaranteed Mortgages

On September 14, 2020, the CFPB announced a consent order against ClearPath Lending, Inc. (ClearPath), which includes a civil money penalty of $625,000 and requirements to prevent future violations. The consent order represents…more

Consent Order, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, MAP Rule, Mortgage Lenders

See all updates »

W. Virginia Court Rejects Claim Opioid Reports Defamed Pharmacist

A West Virginia federal court has rejected defamation claims arising from two Peabody Award-winning CBS Evening News reports about the opioid epidemic…more

CBS, Compensatory Damages, Defamation, False Light, Healthcare

See all updates »

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the City of Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits,…more

Building Permits, Construction Project, Inspections, Land-Use Permits, Municipalities

See all updates »

Business Better Podcast Episode: An Update on Environmental Justice Under the Biden Administration

In this episode, we focus on environmental justice and how President Biden’s initial environmental justice policies and executive orders are playing out two years later. We also provide an update on the latest policies from the…more

Biden Administration, Department of Justice (DOJ), Environmental Justice, Environmental Policies, Executive Orders

See all updates »

Proposed Expansion of CCPA’s Private Right of Action Defeated in State Senate

In April 2019, the California Assembly Privacy and Consumer Protection Committee rejected a proposal known commonly as the “Privacy for All Act” (AB-1760), which among other things would have provided a private right of action…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

See all updates »

SDNY Grants Ex Parte Applicants the Ability to Subpoena Deutsche Bank Entities as Part of Ongoing AML-Related Litigation Against Danske Bank

On December 14, 2023, the United States District Court for the Southern District of New York (the “Court”) granted an unusual ex parte application to serve third-party discovery subpoenas on U.S.-based Deutsche Bank entities. …more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Consent Order, Danske Bank

See all updates »

Delaware Chancery Nixes Musk’s $55.8-Billion Tesla Pay-Out

The Delaware Court of Chancery invalidated a $55.8-billion payout by Tesla, Inc., to its founder and controlling stockholder, Elon Musk. In a 200-page post-trial decision, Chancellor McCormick stated Musk was required to prove…more

Board of Directors, Business Judgment Rule, Compensation, Controlling Stockholders, Elon Musk

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, Americans with Disabilities Act (ADA), Disability, Disability Access Claims, Disability Discrimination

See all updates »

Dismissal of Retained Asset Account Putative Class Action Upheld by Third Circuit

The U.S. Court of Appeals for the Third Circuit has affirmed summary judgment in favor of The Lincoln National Life Insurance Company in a putative class action. In Edmonson v. Lincoln National Life Ins. Co. the plaintiff…more

Class Action, Employee Retirement Income Security Act (ERISA), Insurance Industry, Retained Asset Accounts

See all updates »

Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias…more

Artificial Intelligence, Automation Systems, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Employment Discrimination

See all updates »

N.Y. Decision May Hinder Early Class Action Settlements

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York state…more

Appeals, Class Certification, Corporate Counsel, Employment Litigation, Hiring & Firing

See all updates »

Cookie Audit from Bavarian Data Protection Authority May Serve As GDPR Warning

Following numerous privacy complaints, the State Office for Data Protection Supervision (BayLDA) recently conducted a random audit on 40 companies and found widespread problems with their cookie disclosures…more

Cookie Banners, Cookies, Cybersecurity, Data Protection, EU

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 »

Pandemic Lease Modifications: Addressing Legislative Developments

With COVID-19 raging and many businesses, large and small, seeking to manage their overhead and obligations, commercial landlords and tenants are examining their leases for potential modifications that would enable them to…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

See all updates »

N.Y. Appeals Court Ruling on Short-Term Rental Lodging May Have Implications for Airbnb and Other “Sharing Economy” Companies

The New York Appellate Division’s recent decision that blocked a municipality’s attempt to regulate a homeowner’s renting out of his individual residence as short-term lodging demonstrates challenges that may face municipalities…more

AirBnB, Hospitality Industry, Rental Property, Residential Real Estate Market, Sharing Economy

See all updates »

California Supreme Court Upholds Restrictions on Default Interest Penalties

Summary - The California Supreme Court denied review of the California 1st District Court of Appeal decision in Honchariw v. FJM Priv. Mortg. Fund, LLC, 83 Cal. App. 5th (2022) resting the holding as current law in…more

Bridge Loan, CA Supreme Court, California, Lenders, Loan Agreements

See all updates »

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

See all updates »

HUD publishes final Affirmatively Furthering Fair Housing Assessment Tool

On December 31, 2015, the U.S. Department of Housing and Urban Development (HUD) announced the availability of the Affirmatively Furthering Fair Housing (AFFH) Assessment Tool. The AFFH Assessment Tool is for use by local…more

Federal Funding, HUD, Public Housing Authorities, Residential Real Estate Market

See all updates »

SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Article III, Disability Discrimination, Mootness

See all updates »

Department of Interior Revises Regulations for Native American Graves Protection and Repatriation Act

Revised regulations to the Native American Graves Protection and Repatriation Act (NAGPRA) went into effect January 12, 2024, setting a five-year deadline for museums and Federal agencies to consult and update inventories of…more

Department of the Interior, Federal Funding, Museums, Native American Issues

See all updates »

Consumer Finance Monitor Podcast Episode: Recent Federal and State Debt Collection Developments

Third-party debt collectors, first-party creditors, and debt buyers face an ever-evolving federal and state regulatory landscape as well as ongoing private litigation. We first look at the impact of the CFPB’s most recent…more

Compliance, Debt Buyers, Debt Collectors, Licensing Rules, New Regulations

See all updates »

HIPAA Breach Notifications – A Question of Timing

You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Continuing Developments in Nevada HOA Lien Litigation

Recently, in Nationstar Mortgage, LLC, vs. Saticoy Bay LLC Series 2227 Shadow Canyon, the Nevada Supreme Court issued a decision following a line of cases stemming from the analysis in SFR Investments Pool, LLC vs. U.S. Bank…more

Consumer Financial Products, Deed of Trust, Financial Restatements, Financial Services Industry, Homeowners Association (HOA)

See all updates »

The Emerald City: Best Practices in Legal Project Management for Achieving Success

Legal project management (LPM) is a disciplined way to manage legal matters through scoping, budgeting, tracking, and having proactive conversations with clients. When it first started to emerge in large law firms several years…more

Client Services, Innovation, Legal Project Management, Litigation Strategies, Strategic Planning

See all updates »

FEC: Cybersecurity Services to Candidates, Political Parties Not In-Kind Contributions

The Federal Election Commission (FEC) released a draft advisory opinion (draft AO) this week, holding that a nonprofit corporation providing certain cybersecurity services to candidates and political parties are not in-kind…more

501(c)(4), Advisory Opinions, Cyber Threats, Cybersecurity, Digital Service Providers

See all updates »

Afterpay faces putative class action alleging it failed to warn consumers of possible overdraft fees

Afterpay, a buy-now, pay-later company, is facing a putative class action lawsuit in a California federal district court. The complaint alleges that Afterpay misled customers in representing that its services allowed customers…more

Banking Sector, Overdraft Fees, Putative Class Actions

See all updates »

Borrowers’ Counsel Sanctioned for Frivolous Lawsuit Against Lender Who Attempted to Resolve Foreclosure Action

An Ohio appellate court has affirmed an order of sanctions against counsel for borrowers who filed a frivolous lawsuit against the lender alleging fraud, breach of contract and estoppel in connection with failed attempts to…more

Attorney's Fees, Default, Financial Institutions, Foreclosure, Frivolous Lawsuits

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

Philadelphia Zoning and Land Use Update - November 2022

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Construction Project, Permits, Urban Planning & Development, Zoning Laws

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 »

Reducing Defamation Risk From FINRA Form U5

There has been increasing concern about defamation cases against financial institutions based on statements made in Uniform Termination Notices for Securities Industry Registration (Form U5), required by the Financial Industry…more

Anti-SLAPP, Defamation, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA)

See all updates »

The CFPB’s final collections rule: gauging the potential impact of the election results

Continuing our series of blog posts breaking down the CFPB’s final debt collection rule, we now discuss whether the November general election results are likely to have any impact on the final collection rule…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Final Rules

See all updates »

Corporate Transparency Act FAQs

1. What Is the Corporate Transparency Act and Why Was It Enacted? Congress enacted the Corporate Transparency Act (CTA) on January 1, 2021, to address concerns that the inaccessibility of U.S. companies’ beneficial ownership…more

Beneficial Owner, Corporate Transparency Act, Filing Requirements, Financial Crimes, Financial Services Industry

See all updates »

District Court Holds That a Late Assignment to a Securitized Trust Is Voidable, Not Void, and Does Not Permit a Claim for Wrongful Foreclosure

The U.S. District Court for the Northern District of California has issued an opinion in Spangler v. Selene Finance, LP, rejecting a borrower’s allegation that an assignment of a deed of trust recorded after a foreclosure sale…more

Banking Sector, Deed of Trust, Foreclosure, Mortgages, Residential Real Estate Market

See all updates »

Increased Interest Rates May Require Special Districts to Rebate Earnings on, or Change Investments of, Tax-Exempt Bond Proceeds

Since March 2022, the Federal Reserve has gradually raised interest rates in its ongoing fight against inflation and has indicated plans to continue increasing rates through 2023. Due to this rising interest rate environment,…more

Interest Rates, Rebates, Special Districts, Tax-Exempt Bonds

See all updates »

DOJ Announces $9M Agreement to Resolve Redlining Allegations Against Park National Bank

Park National Bank (“Park National”), based in Ohio, has agreed to pay $9 million to settle allegations brought by the U.S. Department of Justice (DOJ) that it engaged in unlawful redlining practices in the Columbus metropolitan…more

Department of Justice (DOJ), Mortgage Lenders, Mortgages, Redlining

See all updates »

CFPB Office of Servicemember Affairs issues 2020 Annual Report

On May 6, 2021, the CFPB’s Office of Servicemember Affairs issued its eighth annual report summarizing its activities from January 1 through December 31, 2020.  The report discussed the Office’s consumer outreach and educational…more

Banking Sector, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Services Industry, Military Service Members

See all updates »

Oh the Places You’ll Go: A Discussion Regarding the American Jobs Plan

Recently, President Biden announced a historic and ambitious plan to invest in infrastructure, the biggest investment in infrastructure in over five decades. To discuss the proposed package Ballard Spahr Partner BJ Clark is…more

Biden Administration, Infrastructure, Job Creation, Legislative Agendas

See all updates »

No Prevailing Wage Requirements for Pennsylvania Conduit Issuers

In an increasingly rare unanimous ruling, the Pennsylvania Supreme Court has affirmed the Pennsylvania Commonwealth Court’s holding that Ursinus College is not subject to prevailing wage requirements for a construction project…more

Bond Financing, Construction Project, Department of Labor (DOL), Educational Institutions, Higher Education Act

See all updates »

Increases to Gift and Estate Tax Exemption, Generation Skipping Transfer Tax Exemption, and Annual Gift Tax Exclusion

In 2024, the federal estate, gift, and Generation Skipping Transfer tax exemption amount increased from $12.92 million to $13.61 million per individual (a combined $27.22 million for a married couple), representing an increase…more

Corporate Transparency Act, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

See all updates »

Supreme Court Holds That Willfulness Is Not a Prerequisite to Obtaining an Infringer’s Profits Under the Lanham Act

On April 23, 2020, the U.S. Supreme Court reversed the Court of Appeals for the Federal Circuit and resolved a split among the circuit courts by holding that a finding of willful infringement is not a prerequisite to…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

See all updates »

Colorado Legislature Tries Again on Construction-Related Litigation Reform

As the Colorado Legislature begins its 2015 session, construction defect reform legislation is again at the fore. Senate Bill 177 was introduced on February 10 in an effort to spur condominium projects by providing developers…more

Class Action, Condominiums, Construction Defects, Construction Industry, Homeowners Association (HOA)

See all updates »

Tax Reform – Consolidated Appropriations Act Provides Added Bonus for LIHTC Projects

On March 23, the President signed the Consolidated Appropriations Act, 2018 (H.R. 1625), a $1.3 trillion dollar spending bill that funds the federal government through September 30, 2018…more

Affordable Housing, Community Development, Consolidated Appropriations Act (CAA), Construction Industry, LIHTC

See all updates »

The CTA at Two Months: Key Updates and Action Items

After years of anticipation, the Corporate Transparency Act (the CTA) officially went into effect on January 1, 2024. Now that we are two months into the CTA era, below are a few updates and recommended action items based on…more

Beneficial Owner, Congressional Authority, Corporate Transparency Act, Customer Due Diligence (CDD), Disclosure Requirements

See all updates »

Second SEC NFT-Enforcement Action Finds Another NFT to Be a Security

Summary - The SEC’s pursuit of the crypto industry continues with its second-ever settlement of a non-fungible token (NFT) enforcement action. The SEC settled with Stoner Cats 2 LLC (SC2), which sought to finance an animated…more

Cryptoassets, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

See all updates »

Pennsylvania Advances LGBTQ and Hair Texture or Hairstyle Discrimination Protections

Last week, the Pennsylvania Human Relations Commission ordered, and the state Independent Regulatory Review Commission approved, safeguards against discrimination for LGBTQ individuals and individuals with traditionally Black…more

Employer Liability Issues, Hairstyle Discrimination, LGBTQ, State Labor Laws

See all updates »

CFPB Press Release and Circular cite “abusive” steering practices in connection with comparison-shopping tools and lead generators

On February 29, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued Consumer Financial Protection Circular 2024-01, Preferencing and steering practices by digital intermediaries for consumer financial products or…more

Abusiveness Standard, Consent Order, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

See all updates »

Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws

Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws.  These laws come on the heels of Connecticut’s law…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

Plaintiffs in Lawsuit Challenging Legality of CFPB Taskforce on Federal Consumer Financial Law Move for Summary Judgment

In June 2020, the National Association of Consumer Advocates, U.S. Public Interest Research Group, and Professor Kathleen Engel (collectively, the “Plaintiffs”) filed a lawsuit in the Massachusetts federal district court…more

Consumer Financial Protection Bureau (CFPB), Federal Advisory Committee Act (FACA), Financial Services Industry, Motion for Summary Judgment

See all updates »

Investment Management Update

Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry…more

Annuities, Cryptocurrency, Cybersecurity, Enforcement Actions, Hedge Funds

See all updates »

AMLA Expands DOJ Grand Jury Subpoena Power Over Correspondent Bank Accounts and Foreign Banks

Fourth Post in an Extended Series on Legislative Changes to BSA/AML Regulatory Regime - As we have blogged, the Anti-Money Laundering Act of 2020 (“AMLA”), contains major changes to the Bank Secrecy Act (“BSA”), coupled with…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, Department of Justice (DOJ)

See all updates »

CARES Act Temporarily Increases Debt Limit for Small Business Debtors, Creating Potential for Wave of Reorganization Cases

The measures adopted across the United States to stop the spread of COVID-19 have substantially impacted small businesses, with even thriving businesses facing a temporary but steep decline in, or in many instances loss of all,…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Reorganizations, SBA

See all updates »

Colorado Supreme Court Holds That Insurrection Clause Bars Trump From Primary Ballot

In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald J…more

Ballots, CO Supreme Court, Donald Trump, Federal Elections, Fourteenth Amendment

See all updates »

Trademark Office Shortens Deadline to Respond to Office Actions

The United States Patent and Trademark Office (USPTO) is amending the rules of practice in trademark cases to implement provisions of the Trademark Modernization Action of 2020 (TMA). Effective December 3, 2022, the period to…more

Trademark Act, Trademark Application, Trademark Modernization Act (TMA), Trademark Registration, Trademarks

See all updates »

Investment Management Update

Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry…more

Annuities, Cryptocurrency, Cybersecurity, Enforcement Actions, Hedge Funds

See all updates »

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we take…more

Accessibility Rules, Americans with Disabilities Act (ADA), Cosmetics, Counterfeit Goods Regulation, Environmental Policies

See all updates »

What to Expect From Motions for Centralization of COVID-19 Business Interruption Cases in an MDL

For each day that economic activity remains restricted due to the coronavirus pandemic, the stakes continue to rise both for businesses seeking insurance recoveries critical to their survival and for insurers that face the…more

Business Interruption, Case Consolidation, Coronavirus/COVID-19, Insurance Claims, Insurance Litigation

See all updates »

CARES Act Temporarily Increases Debt Limit for Small Business Debtors, Creating Potential for Wave of Reorganization Cases

The measures adopted across the United States to stop the spread of COVID-19 have substantially impacted small businesses, with even thriving businesses facing a temporary but steep decline in, or in many instances loss of all,…more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Reorganizations, SBA

See all updates »

Florida Federal Court Holds That Books May Not Be Removed From School Libraries for Ideological Reasons

A Florida Federal Court held that the First Amendment bars the removal of books from school libraries based on hostility to their ideas or viewpoint, and that book authors and book publishers have standing to challenge the…more

Authors, Books, Educational Institutions, First Amendment, Florida

See all updates »

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Study Underwritten by Ballard Spahr

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than 1,000…more

Corporate Counsel, Cybersecurity Framework, Data Breach, Federal Trade Commission (FTC)

See all updates »

The CFPB’s final collections rule: meaningful attorney involvement safe harbor removed; debt sale restrictions modified

Our blog post series has detailed a number of ways in which the CFPB’s final debt collection rule departs from last year’s NPRM. There are two additional topics approached very differently in the final rule: (1) the proposed…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Fair Credit Reporting Act (FCRA), FDCPA

See all updates »

Nevada Lifts Commercial Evictions and Foreclosures Moratorium

The State of Nevada lifted the moratorium on commercial evictions and commercial foreclosures in the state, effective July 1, 2020…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure

See all updates »

Registration for the Fiscal Year 2022 H-1B Visa Lottery Opens on March 9, 2021

The registration period for the Fiscal Year 2022 H-1B visa lottery will open at noon Eastern Time (ET) on March 9 and run through noon ET on March 25, 2021. Employers seeking to employ H-1B workers must electronically register…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

See all updates »

Estate Planning in Uncertain Times

The coronavirus (COVID-19) outbreak has given reason for us to not only make sure our estate plans reflect current wishes, but also to seek potential opportunities for smart tax planning. In the words of Albert Einstein, “[i]n…more

Beneficiary Designations, Coronavirus/COVID-19, Crisis Management, Estate Planning, Estate Tax

See all updates »

New EEOC Required Workplace Poster

The U.S. Equal Employment Opportunity Commission (EEOC) has published a new “Know Your Rights” workplace poster, which replaces the “EEO is the Law” poster and informs employees of their rights to be free from unlawful workplace…more

Employee Rights, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Posting Requirements

See all updates »

FTC Settles GLBA Enforcement Action Against TaxSlayer Stemming From 2015 Data Breach

The Federal Trade Commission (FTC) this week announced a consent order with TaxSlayer, LLC, an online tax preparation services provider, to settle claims that the company violated the Gramm-Leach-Bliley Act (GLBA) Safeguards…more

Consent Order, Data Breach, Federal Trade Commission (FTC), Financial Institutions, Gramm-Leach-Blilely Act

See all updates »

Class Certification Doesn't Require Evidence That Class Members Can Be Ascertained

In a unanimous decision that will make it easier for plaintiffs in California state courts to obtain class certification, the California Supreme Court ruled that the ascertainability requirement for certification of class…more

Ascertainable Class, Class Action, Class Certification, CLRA, Financial Services Industry

See all updates »

FinCEN Proposes BSA Reporting Requirements for Residential Real Estate

On February 16, the Financial Crimes Enforcement Center (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) regarding residential real estate. The final version of the NPRM published in the Federal Register is 47…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Broker-Dealer

See all updates »

QOZ Update: IRS Provides Relief for Early Investments of Net Section 1231 Gain

There are many complex and confusing aspects to the qualified opportunity zone (QOZ) program, and the treatment of Section 1231 gain is no exception.  Internal Revenue Code Section 1231 applies to depreciable property and…more

Capital Gains, Community Development, Income Taxes, Internal Revenue Code (IRC), Investors

See all updates »

New York Court of Appeals Overturns Two Murder Convictions Over Closed Courtrooms

Summary - In People v. Reid and People v. Muhammad, the New York Court of Appeals overturned murder convictions due to violations of defendants’ Sixth Amendment right to open courtrooms. In both cases, the trial courts had…more

Criminal Convictions, Criminal Prosecution, Murder

See all updates »

Nevada Supreme Court Holds Reporter’s Privilege Applies After Reporter’s Death

Summary - The Nevada Supreme Court reversed a lower court’s order allowing police and district attorneys to search through assertedly privileged newsgathering material on seized electronic devices of murdered Las Vegas…more

Amicus Briefs, Confidential Source, Crime Victims, Criminal Prosecution, Electronic Devices

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 Institutions

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

N.Y. Appeals Court Rejects Misappropriation Claim Over 'Romeo Killer' Docudrama

Summary - A New York appeals court ruling on June 24 in the Porco v. Lifetime case provides much-needed clarity to film and television producers and entertainment companies that docudramas blending true facts with dramatic…more

Film Industry, Misappropriation, Name and Likeness

See all updates »

Opinion Suggests Competition is King and a Debtor's Customers May Be Targeted Without Violating the Automatic Stay

Summary - The Southern District of New York on October 6, 2022, reversed an award of over $19 million in favor of debtor Windstream Holdings against Charter Communications, Windstream’s competitor in the telecommunications…more

Automatic Stay, Bankruptcy Court, Chapter 11, Debtors, Reorganizations

See all updates »

OSHA Sends Vaccine Mandate Rule to White House for Final Review

On Tuesday evening, Occupational Safety and Health Administration (OSHA) sent its proposed vaccine mandate to the White House for final review. OSHA’s proposed rule was drafted in response to President Biden’s September 9…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

See all updates »

FAA Proposes Remote ID for All Drones, Including News Media Flights

The Federal Aviation Administration has announced plans that would allow the government to monitor all drone operations – including aerial journalists’ flights – in real time…more

Airspace, Comment Period, Commercial Use, Drones, Electronic Identification

See all updates »

Supreme Court Upholds Ban on Royalties after Licensed Patent Expires

In a 6-3 decision in Kimble v. Marvel, the U.S. Supreme Court refused to overturn the long-standing rule that bars a licensor from being able to collect royalties for sales after the expiration of the licensed patent—even if the…more

Contract Term, IP License, Kimble v Marvel Enterprises, Patent Royalties, Patents

See all updates »

Supreme Court to Hear Case Clarifying Intersection of Deceptive Intent and Copyright Invalidation

Summary - The Supreme Court announced that it will hear a copyright case between fabric designer Unicolors, Inc. and fashion retailer H&M, which may clarify the applicable legal standard to invalidate copyright registrations…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration, Intellectual Property Protection

See all updates »

N.Y. Appeals Court Rejects Misappropriation Claim Over 'Romeo Killer' Docudrama

Summary - A New York appeals court ruling on June 24 in the Porco v. Lifetime case provides much-needed clarity to film and television producers and entertainment companies that docudramas blending true facts with dramatic…more

Film Industry, Misappropriation, Name and Likeness

See all updates »

Fed, Treasury, and FDIC Move to Protect Uninsured Depositors of Silicon Valley Bank

In a move that will surely be welcome news to uninsured depositors of Silicon Valley Bank (SVB), which was closed by bank regulators early Friday, March 10, 2023, Secretary of the Treasury Janet L. Yellen, Federal Reserve Board…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

See all updates »

Fed, Treasury, and FDIC Move to Protect Uninsured Depositors of Silicon Valley Bank

In a move that will surely be welcome news to uninsured depositors of Silicon Valley Bank (SVB), which was closed by bank regulators early Friday, March 10, 2023, Secretary of the Treasury Janet L. Yellen, Federal Reserve Board…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

See all updates »

Nevada Law Will Require Employers to Provide Leave to Employees Who Are Victims of Domestic Violence

A Nevada law going into effect on January 1, 2018, will require employers to provide 160 hours of leave to an employee who is a victim of domestic violence if the employee has worked for at least 90 days…more

Domestic Violence, New Legislation, Paid Time Off (PTO), Stalking, State and Local Government

See all updates »

Status Update: Federal Contractor Vaccine Mandate Injunction Narrowed

On August 26, 2022, the United States Court of Appeals for the Eleventh Circuit narrowed the nationwide injunction of Executive Order 14042, which requires federal contractors and employees who work on or in connection with a…more

Coronavirus/COVID-19, Federal Contractors, Health and Safety, Infectious Diseases, Vaccinations

See all updates »

IRS Issues Initial Guidance on the New 1% Excise Tax on Certain Stock Buy-Back Transactions

The 1% excise tax on certain stock buy-back transactions (the Excise Tax) that was enacted as part of the Inflation Reduction Act of 2022 (IRA) went into effect on January 1, 2023. You can find more information about the Excise…more

Excise Tax, Inflation Reduction Act (IRA), IRS, Share Buybacks, Stock Repurchases

See all updates »

Maryland Public Service Commission Issues Draft Regulations Implementing Community Solar Pilot Program

On November 10, 2015, five months after Maryland Governor Larry Hogan approved a law creating a three-year pilot program for community solar projects in the state, the Public Service Commission (PSC or Commission) released draft…more

Energy Sector, New Regulations, Rulemaking Process, Solar Energy, Utilities Sector

See all updates »

DOJ Says It Will Be on the Lookout for Antitrust Violations During COVID-19 Outbreak

In light of the COVID-19 outbreak, the U.S. Department of Justice announced that it intends to hold accountable anyone who commits antitrust violations—by fixing prices, rigging bids, or allocating customers—in connection with…more

Antitrust Provisions, Antitrust Violations, Bid Rigging, China, Coronavirus/COVID-19

See all updates »

Bankruptcy Court Finds There Is No Excuse for Inconvenienced Creditors

The U.S. Bankruptcy Court for the Eastern District of Virginia held recently that unsecured creditors who fail to monitor bankruptcy proceedings for treatment of their claim do not show “excusable neglect” and must face the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

EEOC Provides “Capstone” COVID-19 Guidance for Employers

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employees, Employment Policies

See all updates »

California ends automatic stays of litigation when orders denying motions to compel arbitration are appealed

Currently, California trial court proceedings are automatically stayed when a party appeals an order denying a motion to compel arbitration.  However, on October 10, 2023, Governor Newsom signed California Senate Bill No. 365…more

Appeals, Arbitration, Automatic Stay, California, Coinbase

See all updates »

Insights from the executive director of the United States Interagency Council on Homelessness

Our Ninth Annual National Housing Symposium successfully brought together a rich panorama of perspectives across the affordable housing industry. Laura Green Zeilinger, the Executive Director for the United States Interagency…more

Affordable Housing, Department of Veterans Affairs, Homeless Issues, 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 »

Texas Legislature Weighing Proposed New Privacy Laws

Recently, legislators in Texas introduced two bills relating to consumer privacy and data protection: H.B. No. 4518, the Texas Consumer Privacy Act (“Texas CPA”) and H.B. No. 4390, the Texas Privacy Protection Act (“TPPA”)…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Management, Data Privacy

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

New Pilot Program Announced for Expediting COVID-19 Related Trademark Review

On June 15, 2020, the United States Patent and Trademark Office (USPTO) announced the creation of a second COVID-19 Prioritized Examination Pilot Program, this time for COVID-19 related trademark and service mark applications…more

Administrative Review, Coronavirus/COVID-19, Federal Pilot Programs, Food and Drug Administration (FDA), Intellectual Property Protection

See all updates »

EPA Will Exercise Enforcement Discretion in Certain Circumstances

On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it would relax its enforcement of certain environmental laws where the noncompliance is caused by circumstances created by the COVID-19 crisis…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Enforcement Guidance, Environmental Liability, Environmental Policies

See all updates »

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the…more

Building Permits, Certiorari, Construction Project, Exactions, Fees

See all updates »

Takeaways for Banks from the CFPB’s Recent Consent Order on Garnishment Orders

In a recent consent order with a national bank, the CFPB found that the bank committed UDAAP violations in its process for handling garnishment orders and by including certain waiver language in its deposit account agreements…more

Bank Accounts, Banking Sector, Banks, Consent Order, Consumer Financial Protection Bureau (CFPB)

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

The Art of the (Bad) Deal: Successor Liability in M&A Transactions

Many asset deals have hidden risks that can prove costly for buyers if not addressed prior to closing the transaction, particularly in a distressed transaction where the seller may be unable to satisfy retained liabilities…more

Acquisition Agreements, Continuity of Enterprises, Contract Negotiations, Contract Terms, Corporate Sales Transactions

See all updates »

Supreme Court Rules that Private Parties May Condemn State-Owned Property

On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction of…more

Certificate of Public Convenience and Necessity, Condemnation, Easements, Eminent Domain, FERC

See all updates »

Deadline Approaches for Phila. Tax Appeals – Increased Assessments & Potential for School District Appeals

The Philadelphia Office of Property Assessment (OPA) has reviewed the assessed values of all commercial and industrial real estate in Philadelphia, and earlier this year, many owners of commercial and industrial real estate…more

Commercial Property Owners, Deadlines, Property Tax, Property Valuation, Reassessments

See all updates »

DOJ Rescinds 10 ADA Guidance Documents

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Deregulation, Disability Discrimination, Executive Orders

See all updates »

Washington, D.C. Releases Annual Report Forms and Filing Deadlines

As recently reported, the Washington, D.C. Department of Insurance, Securities, and Banking (DISB) published a Bulletin in late April reminding those who service student education loans in the District of Columbia of their…more

Annual Reports, Consumer Financial Products, Filing Deadlines, Financial Services Industry, Loan Servicer

See all updates »

Is the Delaware Supreme Court Pushing Back on Chancery’s Suspicion of Non-Competes?

The Delaware Court of Chancery has been increasingly willing of late to strike down non-compete covenants as overbroad, a trend accompanied by a growing unwillingness to “blue pencil” agreements by narrowing terms to what the…more

Competition, Corporate Counsel, DE Supreme Court, Limited Liability Company (LLC), Limited Partnerships

See all updates »

U.S. Department of the Treasury Launches the Coronavirus State and Local Fiscal Recovery Funds Program

Summary - The U.S. Department of the Treasury (Treasury Department) announced the launch of the Coronavirus State and Local Fiscal Recovery Funds Program, which will provide $350 billion in emergency funds to eligible…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Relief Measures, State and Local Government, U.S. Treasury

See all updates »

More ADA Enforcement – Effective Communication Requirements for Service Providers

Recently, the U.S. Department of Justice and Franciscan St. James Health (St. James), a nonprofit health care system providing comprehensive health care at hospitals in Illinois, settled a lawsuit alleging that St. James…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Enforcement Actions, Healthcare, Hospitals

See all updates »

Michigan Department of Insurance and Financial Services Announces New Online Complaint Form

The Michigan Department of Insurance and Financial Services (DIFS) has announced the launch of a finalized version of its online portal to assist Michigan consumers with the filing of electronic complaints. DIFS' Office of…more

Automotive Loans, Banking Sector, Banks, Complaint Procedures, Consumer Financial Protection Bureau (CFPB)

See all updates »

New Jersey Prohibits Particular Waiver and Non-Disclosure Provisions in Employee Contracts and Settlement Agreements

New Jersey continues to rewrite the employment law landscape under Governor Phil Murphy. On March 18, 2019, the state amended the New Jersey Law Against Discrimination (NJLAD) in two significant ways…more

Amended Legislation, Anti-Retaliation Provisions, Arbitration Agreements, Employee Handbooks, Employer Liability Issues

See all updates »

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded or…more

Buy America, Department of Transportation (DOT), Federal Highway Administration, Highway Trust Fund, Infrastructure

See all updates »

South Dakota Regulator Requires BSA/AML Compliance for Money Lender Licensees and Non-Residential Mortgage Lenders

The South Dakota Division of Banking issued a Memorandum notifying all licensed money lenders and non-residential mortgage lenders of their Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) obligations under a 2020 Final Rule…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Final Rules, Financial Crimes

See all updates »

FTC issues annual ECOA report to CFPB (UPDATED)

On February 4, 2022, the FTC sent its annual letter to the CFPB reporting on the FTC’s activities related to the Equal Credit Opportunity Act (ECOA) and Regulation B.  The Bureau includes the FTC’s annual letter in its own…more

Consumer Financial Protection Bureau (CFPB), ECOA, Fair Lending, Federal Trade Commission (FTC)

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

Republican and Democratic Attorneys General spar over implications for private employers of SCOTUS ruling on affirmative action

As expected, the U.S. Supreme Court’s ruling in the Students for Fair Admissions Inc.’s lawsuit against Harvard University and the University of North Carolina, which challenged the constitutionality of the universities’ race…more

Affirmative Action, Attorney General, Civil Rights Act, Diversity and Inclusion Standards (D&I), Financial Services Industry

See all updates »

Municipal Securities Regulation and Enforcement: 2023 Mid-Year Review

2023 MID-YEAR REVIEW - In the first half of 2023, several rule changes have been proposed by the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities and Exchange Commission (SEC), including changes to “Best…more

Broker-Dealer, Cybersecurity, Enforcement Actions, Environmental Social & Governance (ESG), Financial Industry Regulatory Authority (FINRA)

See all updates »

SEC’s Coronavirus Response Efforts: Maintaining Operations Consistent with Health Directives

On March 20, Securities and Exchange Commission (SEC) Chairman Jay Clayton released a statement assuring the public that the SEC will continue operating to ensure our capital markets remain open and function well…more

Capital Markets, Coronavirus/COVID-19, Emergency Management Plans, Securities and Exchange Commission (SEC)

See all updates »

Pregnant and Nursing Workers Benefit From Expanded Employment Protections

Summary - On December 29, 2022, as part of the Fiscal Year 2023 Omnibus Spending Bill, President Biden signed into law two pieces of legislation that will benefit pregnant and nursing mothers—the Pregnant Workers Fairness Act…more

Breastfeeding, Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

California Legislation Would Make CCPA Even Worse for Businesses

New proposed legislation in California, backed by state Attorney General (“AG”) Xavier Becerra, would amend the new California Consumer Privacy Act (“CCPA”) to make it easier for private plaintiffs and public officials to sue…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

See all updates »

Third Circuit Upholds Federal Cyber-Stalking Statute Against Constitutional Challenge

The Third Circuit recently issued an opinion upholding the federal cyber-stalking statute against a constitutional challenge in United States v. Ho Ka Yung. Yung was convicted of cyber-stalking after he instituted a campaign of…more

Cyber Crimes, Cyber-Stalking, First Amendment, Harassment, Social Media

See all updates »

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

See all updates »

Sale-Leaseback Arrangements Provide Attractive Fundraising Opportunity Amid Cooling Markets

Summary - While the low-interest-rate and high-property-value environment of the early pandemic years fueled astronomical sales, as the markets cool due to inflation and rising interest rates, many property owners are…more

Fundraisers, Interest Rates, Leaseback, Property Owners, Real Estate Market

See all updates »

Supreme Court Hands Employers "Epic" Win in Class Action Waivers Dispute

The U.S. Supreme Court on Monday ruled that employers can lawfully require employees to resolve employment disputes through individual arbitration rather than by joining other employees in class or collective actions…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

See all updates »

Third Circuit Limits Air Pollution Reporting Requirements

The Third Circuit Court of Appeals this week affirmed a lower court ruling that facilities with a Clean Air Act (CAA) permit are exempt from reporting to the U.S. Environmental Protection Agency airborne releases of hazardous…more

CERCLA, Clean Air Act, Environmental Protection Agency (EPA), Reporting Requirements

See all updates »

The Art of the (Bad) Deal: Successor Liability in M&A Transactions

Many asset deals have hidden risks that can prove costly for buyers if not addressed prior to closing the transaction, particularly in a distressed transaction where the seller may be unable to satisfy retained liabilities…more

Acquisition Agreements, Continuity of Enterprises, Contract Negotiations, Contract Terms, Corporate Sales Transactions

See all updates »

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Study Underwritten by Ballard Spahr

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than 1,000…more

Corporate Counsel, Cybersecurity Framework, Data Breach, Federal Trade Commission (FTC)

See all updates »

The SEC’s Recent Personal Device Settlements Shed Light on the Question of Self-Reporting

Summary - Two more broker-dealers became the latest financial institutions to settle with the SEC for failing to maintain and preserve electronic communications. What distinguishes these settlements from the 17 prior…more

Broker-Dealer, Disclosure Requirements, Enforcement Actions, Investment Adviser, Securities and Exchange Commission (SEC)

See all updates »

Prosecutors Strike Out on Barry Bonds as Ninth Circuit Narrows Obstruction Strike Zone

The indictment and trial of famed baseball slugger Barry Bonds for perjury and obstruction of justice drew nationwide attention. The Ninth Circuit Court of Appeals’ April 22, 2015, en banc decision reversing Bonds’ obstruction…more

Barry Bonds, En Banc Review, Government Investigations, Obstruction of Justice, Young Lawyers

See all updates »

AFL-CIO Releases Annual Workplace Safety Report, Focused on COVID-19

Recently, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) released its 30th annual “Death on the Job: The Toll of Neglect” report. Every year, the report highlights the number of states and…more

AFL-CIO, Coronavirus/COVID-19, OSHA, Unions, Workplace Safety

See all updates »

Investment Management Update

Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry…more

Annuities, Cryptocurrency, Cybersecurity, Enforcement Actions, Hedge Funds

See all updates »

New Jersey Now Protects Health Care Workers After Sales, Mergers and Other Control Changes

On August 18, New Jersey Governor Phil Murphy signed into law S315 (22R), which aims to protect employment and wages and benefits during changes in control at health care facilities. When a change in control occurs, the former…more

Healthcare Facilities, Healthcare Workers, Mergers, Wage and Hour

See all updates »

Increases to Gift and Estate Tax Exemption, Generation Skipping Transfer Tax Exemption, and Annual Gift Tax Exclusion

In 2024, the federal estate, gift, and Generation Skipping Transfer tax exemption amount increased from $12.92 million to $13.61 million per individual (a combined $27.22 million for a married couple), representing an increase…more

Corporate Transparency Act, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

See all updates »

Sixth Circuit Sides with The New York Times in Defamation Suit

An article in The New York Times about controversy surrounding an Ohio State University cancer researcher was not defamatory because reasonable readers would understand it was “a standard piece of investigative journalism” that…more

Cancer, Defamation, Journalism, Motion to Dismiss, New York Times

See all updates »

Copyright Office Announces Potential New Option for Registration of News Sites

The U.S. Copyright Office is seeking public comment on its proposal to create a group registration option for “frequently updated news websites.”…more

Copyright, Copyright Infringement, Copyright Office, Intellectual Property Protection, Proposed Rules

See all updates »

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its leadership…more

Anti-SLAPP, Defamation, Federal Rule 12(b)(6), First Amendment, Free Speech

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

New York Approves Cannabis Regulations for Advertising, Packaging, and Laboratories

Summary - On June 1, 2022, New York’s Cannabis Control Board approved regulations related to advertising, packaging, and laboratory testing of legal adult-use cannabis to be sold in the state. Those regulations contain…more

Advertising, Cannabis Products, Marijuana, Marijuana Related Businesses, Product Packaging

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 »

UN Adopts Landmark AI Resolution

The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States,…more

Algorithms, Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection

See all updates »

AI’s Artistry Denied: No Copyright for AI Author

Summary - The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office's denial of an application to register an image purportedly generated entirely…more

Algorithms, Artificial Intelligence, Authorship, Copyright, Copyright Applications

See all updates »

Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation

New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), FCC, Financial Services Industry, TCPA

See all updates »

Despite Headwinds, Private Equity Firms Are Leaning Into a Potential Downturn

Private Equity firms, sitting on a mountain of dry powder, are leaning into a potential downturn. For certain, there are plenty of economic headwinds. Analysts are nearly unanimous in expecting a recession to land next year—they…more

Investors, Private Equity, Private Equity Firms, Private Equity Funds

See all updates »

CMS Proposes Minimum Staffing Requirements for Long-Term Care Facilities

Summary - The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule that, if finalized, will provide new minimum staffing level requirements for all long-term care facilities reimbursed by Medicare…more

Centers for Medicare & Medicaid Services (CMS), Employees, Health Care Providers, Healthcare, Labor Reform

See all updates »

HR 7024: Low-Income Housing Legislation on the Move

On January 19, 2024, the House Ways and Means Committee approved the bipartisan tax legislation, “The Tax Relief For American Families and Workers Act of 2024”. Two proposed changes to Section 42 of the Internal Revenue Code…more

Internal Revenue Code (IRC), IRS, LIHTC, Low Income Housing, Popular

See all updates »

TCPA Unsolicited Robocall Ban Now Includes AI-generated Voices

On Thursday, February 8, the Federal Communications Commission (FCC) finalized its plan to ban robocalls that feature voices generated by artificial intelligence, aiming to stem the tide of AI-generated scams and misinformation…more

Artificial Intelligence, Auto-Dialed Calls, Consent, FCC, Robocalling

See all updates »

Press Coalition Urges Maryland to Preserve Criminal Court Transparency

Summary - A coalition of 18 national and state news organizations is asking the Maryland Supreme Court to reject an “emergency” proposal that would sharply limit press and public access to criminal court proceedings…more

Criminal Prosecution, Public Hearing, Sealed Records

See all updates »

New Bankruptcy Forms Affect Residential Mortgage Lenders, Servicers

Sweeping changes to the federal bankruptcy forms went into effect on December 1, 2015. The changes pertaining to proofs of claim for residential mortgage loans are especially significant. The new forms are to be used in all…more

Consumer Bankruptcy, Mortgage Servicers, Mortgages, Popular, Proof of Claims

See all updates »

Pennsylvania 'Advanced Recycling' Bill Seeks to Keep Single-Use Plastics Out of Landfills

Summary - The Pennsylvania legislature is close to enacting House Bill 1808. Already approved by the Pennsylvania House, the measure could benefit an emerging industry known as Advanced Recycling that diverts single-use…more

Environmental Policies, Landfills, Recycling, Solid Waste, Waste Management

See all updates »

Philadelphia Zoning and Land Use Update - November 2022

The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and…more

Construction Project, Permits, Urban Planning & Development, Zoning Laws

See all updates »

Effects of COVID-19 on Private Equity

Private equity, like virtually every market and industry, has been affected by the coronavirus pandemic and, like many other markets and industries, the total effect of the pandemic remains unknown…more

Coronavirus/COVID-19, Economic Downturn, Financial Markets, Investment, Investment Funds

See all updates »

Business Better Podcast Episode: Protecting Your Business From Theft of Trade Secrets, Loss of Customers, and Employees Being Hired Away

In this episode, we discuss what employers, in-house counsel, HR departments, and business owners need to know about effective confidentiality and non-solicitation agreements, and the future of non-compete agreements. Mitch…more

Confidential Information, Employment Contract, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

See all updates »

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the…more

Appeals, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

Key Takeaways From the 2024 J.P. Morgan Healthcare Conference

Ballard Spahr attorneys from the firm’s Life Sciences and Health Care Industry Teams were on the ground for the 42nd Annual J.P. Morgan Healthcare Conference (JPM24) from January 7-10. While still less crowded than pre-pandemic…more

Acquisitions, Antitrust Provisions, Coronavirus/COVID-19, Department of Justice (DOJ), Drug Pricing

See all updates »

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the…more

Actual Malice, Colorado, Counterman v Colorado, Defamation, Electronic Communications

See all updates »

Connecticut enacts significant changes to Small Loan Act

On June 29, 2023, Connecticut’s Governor signed into law Substitute Senate Bill No. 1033 which makes significant changes to the state’s Small Loan Act.  The new law takes effect on October 1, 2023…more

Banking Sector, Loans, Small Loans

See all updates »

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we take…more

Accessibility Rules, Americans with Disabilities Act (ADA), Cosmetics, Counterfeit Goods Regulation, Environmental Policies

See all updates »

FinCEN Seeks to Make Investment Advisers Subject to Bank Secrecy Act

Years in the making, on February 13, the Financial Crimes Enforcement Network (“FinCEN”) issued a notice of proposed rulemaking (“NPRM”) to include “investment adviser” (“IA”) within the definition of “financial institution”…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, BSA/AML

See all updates »

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the…more

Appeals, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

DOJ launches whistleblower pilot program and cracks down on artificial intelligence misuse

Following a year of new DOJ policies and guidance designed to incentivize companies to self-report misconduct and to cooperate with government investigations, the DOJ has added a new pilot whistleblower rewards program. In…more

Artificial Intelligence, CFTC, Corporate Misconduct, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

As White Collar Action Ramps up in 2022, Where Does the Law Stand on Filter Teams?

Summary - The law governing the use of “filter teams” is quickly evolving. Filter teams, which are utilized by the government to prevent materials protected by attorney-client privilege from being reviewed and/or produced to…more

Attorney-Client Privilege, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

See all updates »

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah Court…more

Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation, Employment Policies

See all updates »

NY Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

Summary - The State of New York Court of Appeals held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to…more

Appeals, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

Minnesota Supreme Court Extends Actual Malice Standard for Presumed Damages to Nonmedia Defendants

On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice. This…more

Actual Malice, Damages, Defamation, Domestic Violence, Negligence

See all updates »

Modern Day Redlining: Reveal's Investigation of Potential Racial Discrimination in Mortgage Lending Leads to Government Inquiries

The Pennsylvania attorney general and state treasurer each announced separate inquiries last week into potential mortgage-lending redlining in Philadelphia…more

Banking Sector, Discriminatory Lending Practices, Fair Lending, HMDA, Mortgages

See all updates »

IRS Designates Remaining Qualified Opportunity Zones

The IRS has now certified and designated Qualified Opportunity Zones (QOZs) in every state, five possessions, and the District of Columbia…more

Community Development, Economic Development, Investment Funds, Low Income Housing, Low-Income Issues

See all updates »

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership with…more

IRS, Mixed-Use Zoning, New Regulations, Public Private Partnerships (P3s), Tax-Exempt Bonds

See all updates »

Land Use Development in a Time of Distress: Preserving Entitlements

Summary - Owners and developers–threatened by a looming recession and escalating interest rates–may be faced with suspending or abandoning a project, which may present greater legal challenges than starting a project from the…more

Building Permits, Construction Project, Construction Site, Land Developers, Urban Planning & Development

See all updates »

Standing Orders: Courts’ Nascent Governance of AI Practices

With AI use on the rise, judges across the country are updating their standing orders to address how the technology may (or may not) be used in their courtrooms. As rules regarding AI use make their way into more standing…more

Algorithms, Artificial Intelligence, Client Services, Innovative Technology, Judicial Proceedings

See all updates »

Inflation Reduction Act Tax Changes, Part 1

On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA). The IRA made a variety of changes to the Internal Revenue Code (Code). This Alert discusses four of the changes: the one percent excise tax…more

Excise Tax, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Tax Credits

See all updates »

Ballard Spahr’s National Housing Symposium goes beyond the horizon

Yesterday Ballard Spahr held its 9th annual National Housing Symposium in Washington, D.C.. The theme of the Symposium was “Beyond the Horizon: Housing and Community Development Strategies for the Future”. Government officials,…more

Affordable Housing, EB-5, Housing Market, LIHTC, Public Housing

See all updates »

Arizona Strengthens and Expands Data Breach Notification Law

The Arizona Legislature has significantly expanded and strengthened the state's data breach notification law. The legislation was signed by Arizona Governor Doug Ducey on April 11, 2018…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

Standing Orders: Courts’ Nascent Governance of AI Practices

With AI use on the rise, judges across the country are updating their standing orders to address how the technology may (or may not) be used in their courtrooms. As rules regarding AI use make their way into more standing…more

Algorithms, Artificial Intelligence, Client Services, Innovative Technology, Judicial Proceedings

See all updates »

Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs

Summary - The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Delaware Chancery Nixes Musk’s $55.8-Billion Tesla Pay-Out

The Delaware Court of Chancery invalidated a $55.8-billion payout by Tesla, Inc., to its founder and controlling stockholder, Elon Musk. In a 200-page post-trial decision, Chancellor McCormick stated Musk was required to prove…more

Board of Directors, Business Judgment Rule, Compensation, Controlling Stockholders, Elon Musk

See all updates »

CFPB Addresses “Junk Data” in Credit Reports

The CFPB recently issued an advisory opinion to consumer reporting companies about their obligation to prevent obviously false “junk data” from appearing on consumers’ credit reports.  The opinion states that companies must take…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA)

See all updates »

Department of Labor OKs Automatic Rollover Into New Employer's Retirement Plan

The Department of Labor (DOL) made it easier to consolidate small retirement account balances with a prior employer into a new employer’s plan, now without the direct involvement of the participant…more

401k, Compensation & Benefits, Department of Labor (DOL), Employee Benefits, Investment

See all updates »

Supreme Court Constricts Clean Water Act in Sackett Decision

Summary - In Sackett v. Environmental Protection Agency, the Supreme Court issued a unanimous ruling severely limiting the federal government’s jurisdiction over wetlands and tributaries. The decision undermines the Biden…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett, Sackett v EPA

See all updates »

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a…more

Acquisition Agreements, Antitrust Division, Antitrust Provisions, Competition, Corporate Sales Transactions

See all updates »

DOL Releases Draft Model Form for Mental Health Parity Disclosure Requests

The U.S. Department of Labor (DOL) recently released a draft model form for plan participants to request disclosures from group health plans and insurers about restrictions on mental health coverage. The form is designed to…more

21st Century Cures Initiative, Affordable Care Act, Comment Period, Department of Labor (DOL), Employee Benefits

See all updates »

Ontrak Indictment Showcases DOJ-SEC Collaboration

Summary - The recently unsealed indictment of health care company Ontrak for insider trading marks the first criminal prosecution alleging an executive’s fraudulent use of a 10b5-1 trading plan to facilitate unlawful trades…more

10b5-1 Plans, Department of Justice (DOJ), Insider Trading, Securities and Exchange Commission (SEC)

See all updates »

As Treasury Eyes Crypto in Tax Compliance Agenda, Reporting Obligations May Increase – Including a Crypto “Form 8300” for Transactions over $10K

Treasury Offers Something for Everyone to Comply With: Trades and Businesses, Banks, Crypto Exchangers and Individuals - On May 21, 2021, the U.S. Department of Treasury (“Treasury”) released its American Families Plan Tax…more

Bank Secrecy Act, Cryptocurrency, Currency Transaction Reports (CTR), Digital Currency, FinCEN

See all updates »

Prepaid account agreements database now on CFPB website

The CFPB’s final rule on prepaid accounts, which became effective on April 1, 2019, requires issuers of prepaid accounts, with certain exceptions, to submit to the CFPB all account agreements that the issuer offers, amends, or…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Agreements, Databases, Disclosure Requirements

See all updates »

USDOT Proposes Elimination of Buy America Waiver for Federal Highway Administration-Funded Projects

The U.S. Department of Transportation Federal Highway Administration (FHWA) on March 7, 2024, announced a proposed rule that would discontinue its longstanding Buy America waiver for manufactured products used in FHWA-funded or…more

Buy America, Department of Transportation (DOT), Federal Highway Administration, Highway Trust Fund, Infrastructure

See all updates »

Investment Management Update

Investment Adviser AXA Wins Excessive Fee Trial - A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management…more

AXA Equitable Life, Beneficial Owner, Best Interest Contract Exemptions, BSA/AML, Business Continuity Plans

See all updates »

Supreme Court Affirms Lack of Enablement for Amgen’s Patent Claims

Summary - In Amgen v. Sanofi, the Supreme Court unanimously affirmed the District of Delaware and Federal Circuit findings that Amgen’s functionally defined patent claims to a class of therapeutic antibodies are invalid as…more

Amgen, Enablement Inquiries, Intellectual Property Protection, Patent Litigation, Patents

See all updates »

NJ Supreme Court Holds Intervening Mortgage Takes Priority After Discretionary Advances by Initial Mortgagee

The New Jersey Supreme Court recently clarified its rules regarding mortgage priority, holding that a factoring company’s secured first mortgage can be trumped by a law firm’s later-filed mortgage where the factoring company…more

Commercial Bankruptcy, Discretionary Functions, Foreclosure, Guaranty Claims, Law Firm Ownership

See all updates »

Court Rejects Philadelphia's Method of Assessing Condominium Properties

In Philadelphia, real estate taxes are based on assessed values set by the Office of Property Assessment (OPA). The OPA sets a land value and improvement value for each property. Since 2003, the City has given owners of new…more

Condominiums, Property Tax, Property Valuation, Tax Abatement, Tax Assessment

See all updates »

Inside the Beltway – Ringing in the Near Year With an Impeachment Trial

What legislative activity can we expect in 2020 in the area of housing finance reform? With the Senate kicking off the New Year with an impeachment trial, it is highly unlikely Congress will make much headway on housing reform…more

Consumer Financial Products, Fannie Mae, FHFA, Financial Services Industry, Freddie Mac

See all updates »

Second Circuit Affirms That President Trump's Blocking of Opponents on His Twitter Account Violates First Amendment

The U.S. Court of Appeals for the Second Circuit yesterday became the third federal circuit court to hold that the interactive space of a government official’s social media account is subject to First Amendment strictures. In…more

First Amendment, Free Speech, Online Platforms, Political Speech, Public Forum

See all updates »

SEC Increases Scrutiny of Whistleblower Protections

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the…more

Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, Enforcement Actions, Former Employee

See all updates »

EEOC Releases Guidance on Mental Health Discrimination

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that it is illegal under the Americans with Disabilities Act (ADA) and other laws to discriminate against an employee simply because he…more

Americans with Disabilities Act (ADA), Disabilities, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

New Jersey Legislature Considers Mandating Virus Coverage Under Certain Insurance Policies

Governments are closing or limiting access to non-essential businesses due to COVID-19. As a result, businesses are losing income and incurring expenses, such as sanitizing and testing insured property…more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Legislative Agendas, Policy Terms

See all updates »

U.S. Supreme Court Rules That Designs Are Copyrightable Under 17 U.S.C. § 101

The U.S. Supreme Court dramatically simplified and expanded the world of fashion and copyrights today, ruling that the chevron striping of a cheerleading uniform (and any other design on clothing, furniture, or other "useful…more

Cheerleaders, Copyright, Copyrightable Subject Matter, Fashion Design, Graphic Designs

See all updates »

Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs

In this episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.'s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of their…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Equal Protection

See all updates »

Key Takeaways: Impact of the New Congress on Commercial Real Estate

Ballard Spahr recently hosted an event at the Metropolitan Club in Washington, D.C. to discuss the impact of the new Congress on the commercial real estate space. The event was moderated by Washington, D.C.-based David L…more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Sustainability

See all updates »

Prince George's County Rent Control Extension/BEPS/Montgomery County Rent Control Updates

Our recent Alert focused on the D.C. Housing in Downtown program, the Montgomery County Right of First Refusal legislation, rent control in Montgomery and Prince George’s Counties, the SCOTUS rent control challenge denial, and…more

BEPS, Housing Market, Landlords, Multi-Family Development, Rent

See all updates »

Changes to Pa. Power of Attorney Law: A Problem for Commercial Transactions

Secured lenders and other parties entering into commercial transactions face new, potentially problematic requirements under recent changes to Pennsylvania’s statute governing powers of attorney (20 Pa.C.S.A. Ch. 56), which…more

Amended Regulation, Commercial Loans, Lenders, Power of Attorney

See all updates »

CFPB’s Prepaid Card Rule: Short Form Disclosure Requirements

The CFPB’s Final Rule on prepaid cards includes, in addition to the long form disclosure requirements discussed in our November 21st blog post, highly detailed requirements for providing “preacquisition” disclosures to consumers…more

ATMs, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, FDIC

See all updates »

CREFC Miami Takeaways

Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted to…more

Debt, Financial Services Industry, Lenders, Loans, Property Owners

See all updates »

Texas Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)…more

Employer Liability Issues, Final Rules, Franchises, Joint Employers, Labor Reform

See all updates »

CPPA Releases Proposed Automated Decision-Making Rules

On November 27, 2023, the California Privacy Protection Agency (CPPA) published proposed Automated Decision-Making Rules to be discussed by the CCPA board at its upcoming meeting on December 8, 2023. While the proposed rules…more

Algorithms, Artificial Intelligence, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights

See all updates »

Real World Implications of Sephora

On August 24, California Attorney General Rob Bonta announced a $1.2 million settlement with Sephora over allegations that the cosmetic retailer had violated the California Consumer Privacy Act (CCPA). This first public…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

See all updates »

Colorado Judge Unseals Psychiatric Expert Reports in Aurora Theater Shooting Case

Judge Carlos E. Samour, Jr., on June 29 ordered unsealed the court filings surrounding psychiatric evaluations of James Eagan Holmes, the man convicted of killing 12 people and wounding 70 others in the Aurora, Colorado, theater…more

Aurora, CO Supreme Court, Criminal Prosecution, Doctor-Patient Privilege, Expert Witness

See all updates »

Respect the Razorblade: How to Protect Your IP When Your Business’s Business Is Repeat Customers

In this episode, we discuss how your intellectual property can be leveraged to maximize the profitability of nonconsumable devices and their complementary consumable products. While profits can be made via the initial sale of…more

Intellectual Property Protection, IP Portfolio, Patents, Trademarks

See all updates »

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens…more

Coaches, Disciplinary Proceedings, Employment Litigation, First Amendment, Football

See all updates »

Getting In: Preparation and Delivery of Leased Premises

The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a separate…more

Contract Drafting, Landlords, Leases, Rent, Repairs

See all updates »

New York State’s LLC Transparency Act to Complement the Federal CTA

New York State’s LLC Transparency Act, that will come into effect December 21, 2024, complements the Federal Corporate Transparency Act by requiring New York limited liability companies and foreign limited liability companies…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Stimulus Package Provides Additional Funding Opportunities to Life Science Companies

A bipartisan COVID-19 stimulus deal signed into law on Friday, March 27, includes billions for hospitals and critical medical supplies. Life Science Companies in the therapeutic, diagnostics and manufacturing industry are also a…more

CARES Act, Coronavirus/COVID-19, Federal Funding, Financial Stimulus, Life Sciences

See all updates »

Back to Basics: A Primer on EEO-1 Reporting

October 31, 2023 opens the reporting period for private sector employers and federal contractors who are required to report workplace demographic data on an annual basis to the U.S. Equal Employment Opportunity Commission…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Federal Labor Laws

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide