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Ballard Spahr LLP

Attorney

Latest Publications

Kurt Anderson

Treasury Proposes Minimum Value Rules for Health Plans

The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides “minimum value.”…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Minimum Essential Coverage, Penalties

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Sharifa Anderson

Maryland Passes P3 Legislation

Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan support…more

Infrastructure, New Legislation, P3s, Public-Private Partnerships

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Richard J. Andreano, Jr.

CFPB settles RESPA enforcement action involving affiliated business arrangements

The CFPB has announced the settlement of an enforcement action in which it was alleged that two affiliated business arrangements (ABAs) violated Section 8 of the Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, CFPB, HUD, Mortgages, RESPA

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Jessica Anthony

Supreme Court Hands FTC Victory on State Action Immunity

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the…more

FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals, Immunity

See All Updates »

Paul Apicella

Mortgage Banking Update - December 14, 2012

In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE…more

Advertising, Attorney-Client Privilege, Browser History Sniffing, CFPB, DOJ

See All Updates »

Alexandra Bak-Boychuk

Supreme Court Ruling Nixes FLSA Collective Action

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness

See All Updates »

Frederic Ballard, Jr.

Proposed 2014 Budget Encourages Private Investment in Infrastructure

This week, the Obama administration released its proposed budget for the 2014 fiscal year. Notably, the budget encourages private investment in infrastructure projects through various liberalizations of the tax laws relating to…more

America Fast Forward Bonds, Barack Obama, Federal Budget, FIRPTA, Foreign Investment

See All Updates »

David Barksdale

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

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Amy Bashore

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, OSHA, Retaliation

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Kimberly Betterton

How the New ‘Fiscal Cliff’ Law Affects the Municipal Bond Market

The American Taxpayer Relief Act of 2012 (the Act), passed by the Senate and the House and Representatives on New Year’s Day and signed by the President on January 2, 2013, includes several direct and indirect consequences for…more

American Taxpayer Relief Act, Bonds, Capital Gains, Exemptions, Fiscal Cliff

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Elisabeth Blattner-Thompson

Military Caregivers, Airline Crews Get Expanded FMLA Eligibility under DOL Rule

Last week was the 20th anniversary of the Family and Medical Leave Act (FMLA), and the U.S. Department of Labor (DOL) marked the occasion by publishing a Final Rule that broadens the FMLA’s reach. Following regulations proposed…more

AFCTCA, Airline Employees, DOL, Flight Crews, FMLA

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Josh Bobrin

Final Regulations Address Privacy and Security of Health Information

The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and the…more

Business Associates, Data Breach, Data Protection, Enforcement, Fundraisers

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Lindsay Breedlove

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

See All Updates »

Martin Bryce, Jr.

Sixth Circuit Rejects Nationwide Settlement of Robo-Signing Class Actions

A nationwide settlement of three class actions involving claims that a creditor’s practice of using “robo-signed” affidavits in debt collection actions violated the Fair Debt Collection Practices Act (FDCPA) has been overturned…more

Class Action, Debt Collection, FDCPA, Robo-Signing

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Steven D. Burt

Assignees Not Liable for Lender Violations of Maryland Secondary Mortgage Loan Law, Appeals Court Holds

In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more

Assignees, Borrowers, Lender Liability, Mortgages

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Jonathan Calpas

Federal Agencies Issue Additional FAQs on Various Provisions under the Affordable Care Act

The U.S. Departments of Labor, Treasury, and Health and Human Services have issued additional guidance on the Affordable Care Act…more

Affordable Care Act

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Michael Carroll

Federal Court Precludes Defendant’s Class Certification Expert

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class…more

Class Action, Class Certification, Daubert Hearing, Expert Witness

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Barbara Casey

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

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

Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment

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Nathan Catchpole

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian…more

Class Action, Experian, Incentives, Settlement

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Frank Chernak

DOL Proposes Survey on Worker Misclassification

The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can develop a…more

DOL, Independent Contractors, Misclassification

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Ethan Chernin

Mortgage Banking Update: 10th Circuit: Law Firm Not Required To Flag Erroneous Credit Reports in Foreclosure Proceeding

A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more

Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure

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Craig Circosta

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

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Erin Clarke

Employee’s Firing over Off-Duty Medical Marijuana Use Is Legal, Colorado Court Holds

The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the…more

Hiring & Firing, Medical Marijuana, Termination

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Scott Cockerham

Proposed 2014 Budget Encourages Private Investment in Infrastructure

This week, the Obama administration released its proposed budget for the 2014 fiscal year. Notably, the budget encourages private investment in infrastructure projects through various liberalizations of the tax laws relating to…more

America Fast Forward Bonds, Barack Obama, Federal Budget, FIRPTA, Foreign Investment

See All Updates »

Christopher T. Cognato

Reminder: Employers Must Use New I-9 Form Beginning May 7, 2013

On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States…more

Deadlines, Eligibility, I-9, Safe Harbors, USCIS

See All Updates »

Christopher Corsi

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to…more

Attorney's Fees, Document Review, Legal Costs, Misappropriation, Patents

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Jessie Creighton

$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

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

FTC, Scams, Telemarketing Sales Rule, Timeshare

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John L. Culhane, Jr.

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more

Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule

See All Updates »

Mark S. DePillis

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more

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Leslie Eaton

Employee’s Firing over Off-Duty Medical Marijuana Use Is Legal, Colorado Court Holds

The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the…more

Hiring & Firing, Medical Marijuana, Termination

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Nicole Evans

$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

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

FTC, Scams, Telemarketing Sales Rule, Timeshare

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Keith R. Fisher

Update: Third Circuit recess appointment decision ups the ante on certiorari

Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment…more

See All Updates »

Mary Grace Folwell

President Releases Fiscal Year 2014 HUD Budget

President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more

Federal Budget, HUD, Proposed Legislation, Public Housing

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Stephanie Franklin-Suber

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

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David Fryman

Supreme Court Ruling Nixes FLSA Collective Action

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness

See All Updates »

Mark J. Furletti

More on CFPB employee vote to unionize

As we reported last week, the National Treasury Employees Union (NTU) won an election to represent over 800 of the CFPB’s 1,200 employees. The vote was 378 in favor and 86 against…more

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Sharon Wilson Geno

President Releases Fiscal Year 2014 HUD Budget

President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more

Federal Budget, HUD, Proposed Legislation, Public Housing

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Amy Glassman

Mortgage Banking Update - March 08, 2013

In This Issue: - Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules - Bipartisan Policy Center Proposes New Directions for National Housing Policy - FTC…more

Assignments, Class Action, MERS, Mortgages, Recording Requirements

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Mary Cate Gordon

President Obama’s NLRB Recess Appointments Declared Unconstitutional

A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has declared that President Obama acted unconstitutionally when he made three recess appointments to the National Labor Relations…more

Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments

See All Updates »

Sandra Maki Hashima

CMS Releases Final Rule on Physician Payment Disclosures

Public disclosure of payments from pharmaceutical, medical device, biologic, and medical supply manufacturers to physicians and hospitals will begin under a final rule on the Physician Payments Sunshine Act (Sunshine Act)…more

Biologics, CMS, Covered Entities, GPOs, Medicaid

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Jean C. Hemphill

DOL Releases Guidance on Employer Notices about Exchange Availability

The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known as…more

Affordable Care Act, COBRA, DOL, Employer Group Health Plans, Health Insurance Exchanges

See All Updates »

Charles Henck

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to qualify…more

Begun Construction Test, Energy Projects, Investment Tax Credits, IRS, Production Tax Credit

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Reid Herlihy

Notes from CFPB Education Conference for State Attorneys General

The George Mason University School of Law, Law & Economics Center recently hosted a conference titled “Understanding the Consumer Financial Protection Bureau,” through GMU’s Attorneys General Education Program. Founded in 2009,…more

Attorney Generals, CFPB, Loan Originator Compensation Rule, Loans, Mortgages

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Andrew Herman

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of pamphlets…more

Confidential Employer Investigations, NLRA, NLRB, Solicitation/Distribution Policies

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Henry E. Hockeimer, Jr.

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals…more

Anti-Kickback Statute, Compliance, False Claims Act, HHS, Kickbacks

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Holly Horsley

New Jersey Gets Federal Approval for $1.8 Billion in Hurricane Sandy Aid

The Obama administration recently approved more than $1.8 billion in aid to help New Jersey residents and businesses recover from Hurricane Sandy. The Community Development Block Grant (CDBG) funds for New Jersey, part of a $60…more

Chris Christie, Community Development Block Grants, Hurricane Sandy, Natural Disasters

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Stefanie Jackman

What is the CFPB thinking? An update from PLI’s 18th Annual Consumer Financial Services Institute

Last week, I had the opportunity to hear several high-ranking lawyers with the CFPB speak at PLI’s 18th Annual Consumer Financial Services Institute in Chicago. As an initial matter, the attendees owe a debt of thanks to each of…more

CFPB, Enforcement, False Advertising

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Leslie John

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

See All Updates »

Daniel V. Johns

D.C. Circuit Vacates NLRB Poster Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the National…more

First Amendment, Free Speech, NLRA, NLRB, Posting Requirements

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Bruce Johnson

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit…more

Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection

See All Updates »

Robert Kaplan

DOL Releases Guidance on Employer Notices about Exchange Availability

The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known as…more

Affordable Care Act, COBRA, DOL, Employer Group Health Plans, Health Insurance Exchanges

See All Updates »

Alan S. Kaplinsky

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more

Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule

See All Updates »

Anthony Kaye

Mortgage Banking Update: 10th Circuit: Law Firm Not Required To Flag Erroneous Credit Reports in Foreclosure Proceeding

A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more

Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure

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William K. Kennedy II

NLRB Sides with Employees Fired over Facebook Posts

In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in…more

Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB

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John Kerkorian

Mortgage Banking Update - February 21, 2013

In This Issue: - MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules - Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging Interest…more

CFPB, Class Action, Debt Collectors, Deed of Trust, Disclosure Requirements

See All Updates »

Denise Keyser

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC) of…more

Canning v NLRB, NLRA, NLRB, Recess Appointments

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Kelly Kindig

D.C. Circuit Vacates NLRB Poster Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the National…more

First Amendment, Free Speech, NLRA, NLRB, Posting Requirements

See All Updates »

Heather Klein

CFPB Issues Second Annual Report on FDCPA Activities

The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013. …more

CFPB, Debt Collection, Dodd-Frank, FDCPA, FTC

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Paul Koob

OIG Proposes Amendments to the Electronic Health Records Safe Harbor

The Office of the Inspector General (OIG) for the Department of Health and Human Services announced and solicited comments to proposed rule changes to the Electronic Health Records Safe Harbor (EHRSH) under the federal…more

Anti-Kickback Statute, Electronic Medical Records, HHS, OIG, Safe Harbors

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Philip Korb

New Common Level Ratio Factor for Philadelphia May Mean Realty Transfer Tax Refunds

For straightforward real estate transactions involving a deed for consideration, the Pennsylvania realty transfer tax is based on the purchase price…more

Commercial Leases, Property Tax, Real Estate Transfers, Tax Assessment, Transfer Taxes

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Wendi Kotzen

New Common Level Ratio Factor for Philadelphia May Mean Realty Transfer Tax Refunds

For straightforward real estate transactions involving a deed for consideration, the Pennsylvania realty transfer tax is based on the purchase price…more

Commercial Leases, Property Tax, Real Estate Transfers, Tax Assessment, Transfer Taxes

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Laura A. Kowal

NJ Lawmakers: Invalidating Restrictive Covenants Will Assist the Unemployed

Citing the state’s jobless rate, three New Jersey state assemblymen are challenging the longstanding employer practice of restricting the post-employment activities of employees who are terminated or resign. On April 4, 2013,…more

Hiring & Firing, Non-Compete Agreements, Restrictive Covenants, Unemployment

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Mark Kowal

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC) of…more

Canning v NLRB, NLRA, NLRB, Recess Appointments

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Evan Krick

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals…more

Anti-Kickback Statute, Compliance, False Claims Act, HHS, Kickbacks

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Troy Larson

The New gTLDs from ICANN Are Coming: Plan, Don't Panic

By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Jason Leckerman

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

See All Updates »

Edward I. Leeds

More Guidance Issued on Summaries of Benefits and Coverage

The U.S. Department of Labor has issued a set of frequently asked questions, together with a new template, for the Summary of Benefits and Coverage (SBC) that applies to group health plans and individual health insurance. The…more

Affordable Care Act, DOL, Employer Group Health Plans, Healthcare, SBC

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Mark J. Levin

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps to…more

Dodd-Frank, Mandatory Arbitration Clauses, Mortgages, Regulation Z, TILA

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Darin Lowder

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to qualify…more

Begun Construction Test, Energy Projects, Investment Tax Credits, IRS, Production Tax Credit

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Joseph E. Lubinski

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit…more

Condominiums, Construction Contracts, ILSFDA, Rescission

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Stanley Mabbitt

CFPB Adopts Mortgage Escrow Account Final Rule

Among other final rules published on January 10, 2013, the CFPB issued its final mortgage escrow account rule under a section of the Dodd-Frank Act relating to the establishment of mandatory escrow accounts on higher-priced…more

CFPB, Dodd-Frank, Mortgage Escrow Account, Mortgages

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Kimberly D. Magrini

U.S. Senate Passes Water Resources Development Act

Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more

Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act

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Matthew McClure

New Energy Reporting Regulations Are on the Horizon for Philadelphia Commercial Building Owners

Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting…more

Energy Efficiency, Local Ordinance, Municipalities, Reporting Requirements, Water

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Karen McConnell

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

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Michelle M. McGeogh

NLRB Sides with Employees Fired over Facebook Posts

In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in…more

Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB

See All Updates »

Daniel McKenna

The CFPB and privilege: the fight isn’t over

We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012…more

Attorney-Client Privilege, CFPB, Document Productions

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John McLaughlin

Reminder: Employers Must Use New I-9 Form Beginning May 7, 2013

On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States…more

Deadlines, Eligibility, I-9, Safe Harbors, USCIS

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Mary Anthony Merchant, Ph.D.

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are…more

Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion

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Mary Theresa Metzler

Hallmark Recoups Former Executive’s Severance Pay Seven Years after Separation Agreement

Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her…more

Adverse Inference Instructions, Breach of Contract, Conversion, Hallmark, Misappropriation

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Emily Miller

CFPB Issues Small Entity Compliance Guide

The Consumer Financial Protection Bureau has issued a 45-page Small Entity Compliance Guide for the Ability-to-Repay (ATR) and Qualified Mortgage Rule. The guide, published on April 10, 2013, indicates that its purpose is to…more

Ability-to-Repay, CFPB, Creditors, Qualified Mortgage Rule, Small Entity Compliance Guide

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Barbara S. Mishkin

OIG to issue report on presence of CFPB enforcement attorneys in exams by October 31

In its Semiannual Report to Congress for the six month period ending March 31, 2013, the Federal Reserve Board’s Office of the Inspector General (OIG) indicates that, during the next semiannual reporting period (which ends…more

CFPB, Consumer Reports, Enforcement, OIG, SBREFA

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Allison Mollenhauer

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit…more

Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection

See All Updates »

Beth Moskow-Schnoll

FinCEN Issues Virtual Currency Guidance

The Financial Crimes Enforcement Network (FinCEN) has issued formal guidance to clarify the anti-money laundering obligations of administrators and exchangers of convertible virtual currency. “Virtual” currency, unlike…more

Anti-Money Laundering, FinCEN, Registration, Virtual Currency

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Mary Mullany

Proposed IRS Regulations Address Community Health Needs Assessment for Tax-Exempt Hospitals

The IRS has recently proposed regulations affecting tax-exempt hospitals that provide guidance and comfort about the consequences of failing to meet the community health needs assessment (CHNA) requirement. …more

Affordable Care Act, CHNA, Healthcare, Hospitals, IRS

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Timothy Mulliner

Proposed IRS Regulations Address Community Health Needs Assessment for Tax-Exempt Hospitals

The IRS has recently proposed regulations affecting tax-exempt hospitals that provide guidance and comfort about the consequences of failing to meet the community health needs assessment (CHNA) requirement. …more

Affordable Care Act, CHNA, Healthcare, Hospitals, IRS

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Mariah Murphy

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s offer…more

Class Action, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk

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Amy Mushahwar

The New gTLDs from ICANN Are Coming: Plan, Don't Panic

By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Jocelyn O’Brien

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

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Constantinos G. Panagopoulos

NLRB Rules that Union Dues Checkoff Survives Contract Expiration

An employer that deducts union dues from employees’ wages (dues checkoff) under a collective bargaining agreement (CBA) must now continue to do so after the CBA expires…more

Bethlehem Steel, Collective Bargaining, Dues Checkoff, NLRA, NLRB

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Steve Park

U.S. Senate Passes Water Resources Development Act

Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more

Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act

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Bradley Patterson

SEC Issues No-Action Letter on Internet-Based ‘Road Shows’

The Securities and Exchange Commission has issued a “no-action” letter relating to a provider of electronic-based “road shows.” The SEC stated in the letter, issued on January 29, 2013, that such presentations to retail…more

Municipal Securities Market, No-Action Letters, Road Shows, SEC, Securities Exchange Act

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Christopher Payne

$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

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

FTC, Scams, Telemarketing Sales Rule, Timeshare

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Brian D. Pedrow

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of pamphlets…more

Confidential Employer Investigations, NLRA, NLRB, Solicitation/Distribution Policies

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Kaitlin Picco

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and…more

Criminal Background Checks, Criminal Records, Discrimination, DOL, EEOC

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Brian M. Pinheiro

Treasury Proposes Minimum Value Rules for Health Plans

The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides “minimum value.”…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Minimum Essential Coverage, Penalties

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Nydia Pouyes

President Releases Fiscal Year 2014 HUD Budget

President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more

Federal Budget, HUD, Proposed Legislation, Public Housing

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Patrick H. Pugh

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit…more

Condominiums, Construction Contracts, ILSFDA, Rescission

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Kristen Rajagopal

Mortgage Banking Update: 10th Circuit: Law Firm Not Required To Flag Erroneous Credit Reports in Foreclosure Proceeding

A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more

Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure

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Sarah Reise

Assignees Not Liable for Lender Violations of Maryland Secondary Mortgage Loan Law, Appeals Court Holds

In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more

Assignees, Borrowers, Lender Liability, Mortgages

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William C. Rhodes

SEC Fraud Charges against Harrisburg, Pa., Have Implications for Secondary Market Disclosures

The Securities and Exchange Commission (SEC) recently charged the City of Harrisburg, Pennsylvania (the City), with misleading investors about its financial health in the annual State of the City Address, as well as in its…more

Disclosure Requirements, EMMA, SEC, Secondary Markets

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Carl G. Roberts

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more

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Jeremy T. Rosenblum

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more

Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule

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Burt M. Rublin

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian…more

Class Action, Experian, Incentives, Settlement

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Trevor Salter

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit…more

Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection

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Matthew Saunig

Washington Amends Scope of Mortgage Broker Licensing Requirement

The state of Washington has recently amended its mortgage broker licensing statute. Under the new amendment, anyone who performs or holds themselves out as being able to provide residential mortgage loan modification services…more

Brokers, Licensing Rules, Loan Modifications, Mortgages

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Benjamin M. Schmidt

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more

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Robert Scott

Assignees Not Liable for Lender Violations of Maryland Secondary Mortgage Loan Law, Appeals Court Holds

In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more

Assignees, Borrowers, Lender Liability, Mortgages

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Jack N. Semrani

Chemical Industry Will Invest $71.7 Billion and Create 537,000 Jobs Due to Shale Gas, ACC Says

The U.S. chemical industry will invest $71.7 billion and create 537,000 direct and indirect jobs by 2020 due largely to the transformative effect of shale gas on the industry’s global competitiveness, according to the American…more

Job Creation, Natural Gas, Shale Gas

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Richard Slavin

New Energy Reporting Regulations Are on the Horizon for Philadelphia Commercial Building Owners

Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting…more

Energy Efficiency, Local Ordinance, Municipalities, Reporting Requirements, Water

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John D. Socknat

CFPB and Conference of State Bank Supervisors sign framework for coordinating supervision and enforcement

The CFPB announced earlier this week that it has established a “framework” with the Conference of State Bank Supervisors (CSBS) for coordination among the CFPB and state regulators on supervision and enforcement matters…more

CFPB, CSBS, Enforcement, Memorandum of Understanding, Supervision

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Dee Spagnuolo

OIG Proposes Amendments to the Electronic Health Records Safe Harbor

The Office of the Inspector General (OIG) for the Department of Health and Human Services announced and solicited comments to proposed rule changes to the Electronic Health Records Safe Harbor (EHRSH) under the federal…more

Anti-Kickback Statute, Electronic Medical Records, HHS, OIG, Safe Harbors

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Tesia Stanley

SEC Fraud Charges against Harrisburg, Pa., Have Implications for Secondary Market Disclosures

The Securities and Exchange Commission (SEC) recently charged the City of Harrisburg, Pennsylvania (the City), with misleading investors about its financial health in the annual State of the City Address, as well as in its…more

Disclosure Requirements, EMMA, SEC, Secondary Markets

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Wayne Strasbaugh

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

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Steven Suflas

NJ Lawmakers: Invalidating Restrictive Covenants Will Assist the Unemployed

Citing the state’s jobless rate, three New Jersey state assemblymen are challenging the longstanding employer practice of restricting the post-employment activities of employees who are terminated or resign. On April 4, 2013,…more

Hiring & Firing, Non-Compete Agreements, Restrictive Covenants, Unemployment

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Nicole Sugarman

Military Caregivers, Airline Crews Get Expanded FMLA Eligibility under DOL Rule

Last week was the 20th anniversary of the Family and Medical Leave Act (FMLA), and the U.S. Department of Labor (DOL) marked the occasion by publishing a Final Rule that broadens the FMLA’s reach. Following regulations proposed…more

AFCTCA, Airline Employees, DOL, Flight Crews, FMLA

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Gary Tepper

Ballard Spahr Obtains Win for Servicers Holding Notes

The Maryland Court of Appeals has ruled in Deutsche Bank National Trust Co., Trustee v. Brock that a servicer possessing an original promissory note endorsed in blank — the most common type of endorsement for thousands of notes…more

Deutsche Bank, Foreclosure, Loan Servicer, Mortgage-Backed Securities, Mortgages

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Randall Towers

SEC Issues No-Action Letter on Internet-Based ‘Road Shows’

The Securities and Exchange Commission has issued a “no-action” letter relating to a provider of electronic-based “road shows.” The SEC stated in the letter, issued on January 29, 2013, that such presentations to retail…more

Municipal Securities Market, No-Action Letters, Road Shows, SEC, Securities Exchange Act

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Claire Ana-Perot Tracey

Hallmark Recoups Former Executive’s Severance Pay Seven Years after Separation Agreement

Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her…more

Adverse Inference Instructions, Breach of Contract, Conversion, Hallmark, Misappropriation

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Glen Trudel

CFPB Issues Second Annual Report on FDCPA Activities

The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013. …more

CFPB, Debt Collection, Dodd-Frank, FDCPA, FTC

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Mercedes Kelley Tunstall

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more

Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule

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Ronald Varnum

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

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

Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment

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Abran Vigil

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit…more

Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection

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Michael S. Waldron

CFPB Proposes Changes to Ability-To-Repay, Servicing Rules

In keeping with its promise to provide further guidance to the industry on the recent mortgage loan rules, the Consumer Financial Protection Bureau recently proposed clarifications and changes to the ability-to-repay/qualified…more

Ability-to-Repay, CFPB, Mortgage Servicing Rules, Mortgages, Qualified Mortgage Rule

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Brian Walsh

U.S. Senate Passes Water Resources Development Act

Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more

Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act

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Neal Walters

Federal Court Precludes Defendant’s Class Certification Expert

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class…more

Class Action, Class Certification, Daubert Hearing, Expert Witness

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Matthew Weaver

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are…more

Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion

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Emily Wegener

Mortgage Banking Update - February 21, 2013

In This Issue: - MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules - Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging Interest…more

CFPB, Class Action, Debt Collectors, Deed of Trust, Disclosure Requirements

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Harry Weiss

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

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

Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment

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Brieanna Wheeland

Final Regulations Address Privacy and Security of Health Information

The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and the…more

Business Associates, Data Breach, Data Protection, Enforcement, Fundraisers

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Dena E. Wiggins

Chemical Industry Will Invest $71.7 Billion and Create 537,000 Jobs Due to Shale Gas, ACC Says

The U.S. chemical industry will invest $71.7 billion and create 537,000 direct and indirect jobs by 2020 due largely to the transformative effect of shale gas on the industry’s global competitiveness, according to the American…more

Job Creation, Natural Gas, Shale Gas

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Christopher J. Willis

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by the…more

Cell Phones, Damages, FTC, Penalties, TCPA

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David Winstead

Maryland Passes P3 Legislation

Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan support…more

Infrastructure, New Legislation, P3s, Public-Private Partnerships

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Philip Yannella

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to…more

Attorney's Fees, Document Review, Legal Costs, Misappropriation, Patents

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Gary York

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

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Shane Jasmine Young

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit…more

Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection

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