Buchanan Ingersoll & Rooney PC

One Oxford Centre 301 Grant Street, 20th Floor
Pittsburgh, PA 15219, United States

Contact: Katie Wilson

  • 412-562-8800
  • 412-562-1041

CMS Offers Deal to Hospitals to Drop RAC Appeals

On August 29, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a deal to hospitals willing to drop pending inpatient-status claims appeals. These appeals have grown exponentially in recent years due to the review…more

Appeals, CMS, Hospitals, RACs

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HIPAA Breaches: What They Are and What You Can Do to Protect Your Clients

45 CFR §§ 164.400-414– otherwise known as the HIPAA Breach Notification Rule– requires all entities and businesses covered by HIPAA to disclose any breaches of unsecured protected health information (PHI). In order to protect…more

Breach Notification Rule, Cybersecurity, HIPAA, PHI

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Third Circuit Adopts Successorship Liability Standard for FLSA Claims

In Thompson v. Real Estate Mortgage Network, 748 F.3d 142 (2014), the Court of Appeals for the Third Circuit determined, in a case of first impression, that a new employer may be held accountable for its predecessor’s wage and…more

Appeals, Employer Liability Issues, FLSA, Successor Liability, Wage and Hour

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India EB-2 Expected to Retrogress

The second preference employment based category for immigrant petitions for Indian nationals is expected to retrogress as early as November…more

EB-2, Immigrants, India, USCIS, Visas

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West Virginia Supreme Court Upholds the Enforceability of Employer's Alternative Dispute Resolution Program

Employers in West Virginia who want to avoid litigating employment disputes in the courts received a significant victory. The West Virginia Supreme Court recently upheld a company's alternative dispute resolution (ADR) program,…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Policies, hiring

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Five Things Marcellus Shale Producers and Midstream Companies Should Consider Following the Robinson Township Act 13 Decision

While Robinson Township v. Commonwealth of Pennsylvania is being reconsidered on remand and certain aspects of Act 13 remain unclear, oil and gas companies in the process of obtaining state permits may take some steps to try to…more

Fracking, Marcellus Shale, Natural Gas, Oil & Gas, Shale Gas

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U.S. Supreme Court Asked to Decide Whether Wrongful Death Suits are Subject to Arbitration

The United States Supreme Court was recently asked to determine whether the Federal Arbitration Act (FAA) preempts a state law rule that prohibits enforcement of pre-dispute arbitration agreements in certain wrongful death…more

Arbitration, Arbitration Agreements, Conflicts of Laws, Federal Arbitration Act, SCOTUS

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SEVP Draft Guidance on Pathway Programs

On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs, seeking comment from stakeholders. It is the third in a series of related guidance…more

Draft Guidance, F-1, Foreign Nationals, SEVP, Students

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Did You Know? ¿Sabía Usted? Employers Are Required to Post Some Labor Law Posters in Different Languages

Florida law requires employers to post certain state labor law posters in languages other than English. Employers must prominently display a poster notifying employees of the state minimum wage in both English and Spanish…more

Minimum Wage, Native Language, Posting Requirements, Unemployment Benefits

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Ebola Outbreak Likely To Revive The Mandatory Influenza Vaccine Debate This Flu Season

With the recent Ebola virus outbreak, we are reminded of how quickly deadly viruses can spread. In fact, the World Health Organization (WHO) recently declared the virus’ outbreak to be a “public health emergency of international…more

Vaccinations, World Health Organization

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Severance Payments to Terminated Employees are Taxable Wages under FICA

The Supreme Court recently held that severance payments made to involuntarily terminated employees constituted “remuneration for employment,” for which taxes must be withheld and paid under the Federal Insurance Contributions…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay, Termination

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Newark’s Paid Sick Leave Ordinance

The Ordinance provides every working private sector employee in Newark, whether full-time, part-time or temporary, who works at least 80 hours in a calendar year, with one hour of paid sick leave for every 30 hours worked…more

Employee Rights, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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DC Circuit Strikes Down EPA “Aggregation” Policy for Regions Outside the Sixth Circuit

On May 30, 2014, the U.S. Court of Appeals for the District of Columbia Circuit nullified an EPA Directive that attempted to reassert its “functional interrelationship” standard for aggregating air pollution sources. This EPA…more

Aggregation Rules, Air Pollution, Environmental Policies, EPA, Title V

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What Does the Supreme Court’s Ruling in Fifth Third Bancorp v. Dudenhoeffer Mean for ESOPs and Other Retirement Plan Fiduciaries?

Fiduciaries of qualified retirement plans, including Employee Stock Ownership Plans (ESOPs), have generally been entitled to a presumption that they have acted prudently in offering employer stock as an investment alternative…more

ESOP, FIfth Third Bancorp v Dudenhoeffer, Qualified Retirement Plans, Retirement, Retirement Plan

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No More He-Said-She-Said: Revised Regulations Allow CMS to Request Records Information Directly from any Person or Entity Involved in the Medicare Advantage or Part D Programs

The Centers for Medicare & Medicaid Services (CMS) on May 19, 2014, adopted a final rule that significantly revised Medicare Advantage (MA) and Part D prescription drug benefit program regulations (the “Final Rule”). One of the…more

CMS, Direct Access Partners, Final Rules, Healthcare, Medicare Advantage

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#HealthyPA Takes the Next Step

The governor’s recent announcement that 9 commercial insurers successfully applied to participate in Healthy PA is another positive development as negotiations between Department of Public Welfare and the Centers for Medicare…more

CMS, Healthcare, Medicaid, Medicare

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Supreme Court Leads the Way in Patent Litigation Reform

On June 2, the United States Supreme Court issued a pair of unanimous decisions in closely watched patent cases, both of which will make it harder to maintain a claim for patent infringement. In Nautilus, Inc. v. Biosig…more

Akamai Technologies, Alice Corporation, Attorney's Fees, Claim Construction, CLS Bank

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Supreme Court Allows Third Circuits GenOn Opinion to Stand: State Law Actions Not Preempted By the Clean Air Act

The U.S. Supreme Court has refused to hear the case of Kristie Bell v. GenOn, where the Third Circuit Court of Appeals ruled that the Clean Air Act did not preempt state common law actions seeking damages for air pollution. The…more

Appeals, Clean Air Act, Jurisdiction, SCOTUS

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Covenants Not to Sue in Connection with Nuisance and Other Property Claims Can Be Enforceable against Future Owners

At times, where a developer seeks to obtain an easement from a landowner for the construction of infrastructure or improvements on or adjacent to the landowner’s property, the landowner may request additional consideration to…more

Covenant Not to Sue, Easements, Infrastructure, Nuisance

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EEOC Adopts Controversial Positions in Recently Issued Enforcement Guidance on Pregnancy and Related Issues

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC), over the dissent of two of its five members, issued an Enforcement Guidance (Guidance) on pregnancy and related issues. While the Guidance does not have…more

EEOC, Employee Rights, Pregnancy, Pregnancy Discrimination

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Revised Draft Rule G-42: MSRB Continues to Fine-Tune Rules Applicable to Municipal Advisors

On July 23, 2014, the Municipal Securities Rulemaking Board (MSRB) issued Regulatory Notice 2014-12 requesting comments on a revised draft of MSRB Rule G-42 on standards of conduct and duties of municipal advisors when engaging…more

Code of Conduct, Conflicts of Interest, Disclosure Requirements, General Solicitation, MSRB

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USCIS Alert for Employers Regarding Certain Secure Stamps

U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS…more

DHS, Form I-94, Political Asylum, Refugees, USCIS

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U.S. Supreme Court Holds Penalty Applies When Transaction Lacks Economic Substance

On December 3, 2013, the United States Supreme Court in U.S. v. Woods, 112 AFTR 2d 2013-6974, resolved a split in the circuits when it held that the § 6662(h) valuation misstatement penalty applies when deductions are denied…more

Material Misstatements, Penalties, SCOTUS, United States v Woods, Valuation

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Deadline: Foreign Bank Account Reports Due June 30, 2014

Any U.S. person who has a financial interest in or signature authority over one or more foreign financial accounts with an aggregate value over $10,000 (on any day of the year) must report the accounts to the Treasury Department…more

FBAR, FinCEN, Offshore Banks, Offshore Funds, Reporting Requirements

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Pennsylvania Energy Project Grant Program Now Open – Applications due August 15 by 4:00 p.m.

The Pennsylvania Energy Development Authority (PEDA) is now offering approximately $12.5 million in funding for advanced energy projects and for businesses interested in locating or expanding their alternative energy…more

Clean Energy, Energy, Energy Projects, Funding, Renewable Energy

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Revised Draft Rule G-42: MSRB Continues to Fine-Tune Rules Applicable to Municipal Advisors

On July 23, 2014, the Municipal Securities Rulemaking Board (MSRB) issued Regulatory Notice 2014-12 requesting comments on a revised draft of MSRB Rule G-42 on standards of conduct and duties of municipal advisors when engaging…more

Code of Conduct, Conflicts of Interest, Disclosure Requirements, General Solicitation, MSRB

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Five Things Marcellus Shale Producers and Midstream Companies Should Consider Following the Robinson Township Act 13 Decision

While Robinson Township v. Commonwealth of Pennsylvania is being reconsidered on remand and certain aspects of Act 13 remain unclear, oil and gas companies in the process of obtaining state permits may take some steps to try to…more

Fracking, Marcellus Shale, Natural Gas, Oil & Gas, Shale Gas

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Dispute Resolution Boards: Understanding Their Form, Function and Benefits

There is a growing trend in Construction leaning towards “preventative law” in the shape of what is referred to as Dispute Resolution Boards (“DRB”), resulting in saving time, project costs, and legal fees both during and after…more

Construction Contracts, Dispute Resolution Boards

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P3 Infrastructure Forum

My partner Bob Shuster and I recently attended the annual P3 Infrastructure Forum in NYC. Organized by InfraAmericas, it brings public and private players in the P3 space together for a couple of days to discuss the status of…more

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Pennsylvania Superior Court Rules that Employers Must Provide Additional Consideration to Bind Current Employees to a Non-Compete Agreement

In Socko v. Mid-Atlantic Systems of CPA, Inc., 2014 WL 1898584 (Pa. Super. Ct. 2014), a case of first impression, the Pennsylvania Superior Court ruled that simply reciting, in a non-competition agreement with a current…more

Consideration, Employer Liability Issues, Employer Mandates, Employment Contract, Hiring & Firing

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The Aereo of its Ways: The U.S. Supreme Court Rules in Favor of Broadcasters

In a 6 to 3 decision, the United States Supreme Court, in the case of American Broadcasting Cos., Inc., et al. v Aereo, Inc., has just ruled that Aereo, an Internet service that allows customers to watch free broadcast TV…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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Proposed Amendment to California's Property Tax Rules – Attempting to Close a Commercial Real Estate Loophole

Proposition 13 generally limits taxes on real property to one percent of the full cash value of that property. “Full cash value” is defined as the assessor's valuation of the property tax bill, which typically is based upon the…more

Cash Value, Commercial Real Estate Market, Property Tax, State Taxes

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Is this the Beginning of a New Era in State Data Breach Notification Laws?

An Overview of the Florida Information Protection Act of 2014 (FIPA) - On June 20, 2014, Florida Governor Rick Scott approved FIPA. This comprehensive new data security law becomes effective July 1, 2014. The nature of…more

Cybersecurity, Data Breach, Data Protection, FIPA, Notice Requirements

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DOL Releases Final Rule on Domestic Service Exemption

On September 17, 2013, the United States Department of Labor (“DOL”) released a Final Rule revising its regulations on the domestic service exemption under the Fair Labor Standards Act (“FLSA”). The Final Rule will amend the…more

Companionship Exemptions, DOL, Domestic Workers, FLSA, Home Health Care

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IRS’s Offshore Voluntary Disclosure Program: Current Streamlined Procedure

U.S. citizens and tax residents are required to report their world-wide income on their federal income tax returns. In addition, these U.S. persons are required, and have been required for some time, to separately report their…more

IRS, Offshore Funds, OVDP, Reporting Requirements

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The Juicy Truth – Supreme Court Rules that POM May Bring False Advertising Claim Based on Coke’s Misleading Juice Label

On June 12, 2014, the Supreme Court issued an opinion holding that the Federal Food, Drug and Cosmetic Act (FFDCA) does not presumptively bar Lanham Act claims that challenge food and beverage labels. This decision comes at a…more

Advertising, Coca Cola, False Advertising, FDA, FDCA

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Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many building…more

Building Codes, Commercial Leases, Inspections, Residential Leases

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Large Increase in Fee to Renounce Citizenship

Beginning September 6, 2014, the U.S Department of State fee to renounce U.S. citizenship increased fivefold—from $450 to $2,350. The increase, intended to discourage dual citizens from renouncing U.S. citizenship, comes after a…more

Citizenship, Department of State, Fees

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Maryland Phases-In Increased Exemptions for Estate Tax

Currently, in addition to any federal estate tax, Maryland imposes an estate tax on property that passes upon the death of an individual on the amount of the decedent’s taxable estate in excess of $1 million. The maximum rate of…more

Beneficiaries, Estate Tax, Exemptions, New Legislation, Property Tax

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Florida’s Supreme Court Rules Pregnancy Discrimination Unlawful

The Supreme Court of Florida recently ruled that the Florida Civil Rights Act’s (“FCRA”) provision prohibiting sex discrimination in employment (Fla. Stat. § 760.10(1)(a)) encompasses discrimination based on pregnancy. Delva v…more

Employer Liability Issues, FCRA, Hiring & Firing, Pregnancy Discrimination, Sex Discrimination

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Presidential Executive Order Seeks to Ban Federal Contractors with a History of Employment Law Violations

This week, the President signed an Executive Order designed to debar federal contractors (with contracts valued over $500,000) with a history of employment law violations from doing business with the federal government…more

Barack Obama, Executive Orders, Federal Contractors, Policy Violations

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A "Common Sense" Exemption: Condominium Developers Stand to Benefit from Pending Legislation

Condominium developers may finally see some relief from the onerous requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). In September of 2013, the United States House of Representatives unanimously passed H.R…more

Condominium Associations, Condominiums, Real Estate Market

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Multiple Causes of Loss: An “Efficient” Standard for First-Party Coverage

What happens when a loss results from two or more perils, only one of which is covered under a first-party insurance policy? In American Home Assurance Company, Inc. v. Sebo, 38 Fla. L. Weekly D1982a (Fla. 2d DCA Sept. 18,…more

Insurers, Loss Causation, Loss Coverage, Proximate Cause

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The Juicy Truth – Supreme Court Rules that POM May Bring False Advertising Claim Based on Coke’s Misleading Juice Label

On June 12, 2014, the Supreme Court issued an opinion holding that the Federal Food, Drug and Cosmetic Act (FFDCA) does not presumptively bar Lanham Act claims that challenge food and beverage labels. This decision comes at a…more

Advertising, Coca Cola, False Advertising, FDA, FDCA

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Risks of Over-Medicating Residents and Potential Liability Under the FCA

According to the Complaint, Country Villa Watsonville East Nursing Center (now Watsonville Nursing Center) and Country Villa Watsonville West Nursing and Rehabilitation Center (now Watsonville Post-Acute Center) “persistently…more

CMS, Enforcement Actions, False Claims Act, Nursing Homes, Prescription Drugs

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OSHA Issues Revisions To Recordkeeping Requirements With Compliance Deadline Of January 1, 2015

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) issued a final rule that updates several provisions of its standards regarding recordkeeping and reporting occupational injuries and illnesses…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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What Does the Supreme Court’s Ruling in Fifth Third Bancorp v. Dudenhoeffer Mean for ESOPs and Other Retirement Plan Fiduciaries?

Fiduciaries of qualified retirement plans, including Employee Stock Ownership Plans (ESOPs), have generally been entitled to a presumption that they have acted prudently in offering employer stock as an investment alternative…more

ESOP, FIfth Third Bancorp v Dudenhoeffer, Qualified Retirement Plans, Retirement, Retirement Plan

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Use of Additional Insured Status to Reduce Attorneys' Fees

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring…more

Additional Insured, Attorney's Fees, Commercial General Liability Policies, Contractors, Subcontractors

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Maintaining Privilege for Quality Assurance Performance Improvement (QAPI) Documents and Reports*

Introduction to QAPI - Pursuant to § 6201(c) of the Patient Protection and Affordable Care Act (ACA), the Centers for Medicare and Medicaid Services (CMS) have issued interim guidance governing the implementation of the…more

Affordable Care Act, CMS, Long-Term Care, Nursing Homes, Quality Assurance Programs

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Eleventh Circuit Holds that Terminated Employee Can Waive FMLA Claims Through the Date of a Release

In a victory for common sense, the Eleventh Circuit Court of Appeals recently determined that an employee could not pursue Family and Medical Leave (FMLA) interference and retaliation claims against her former employer regarding…more

Corporate Counsel, Employer Liability Issues, FMLA, Hiring & Firing, Severance Agreements

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OIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians

The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services recently issued a Special Fraud Alert (“Alert”) that addresses two types of arrangements that the OIG believes pose a substantial…more

Fraud, Fraud and Abuse, Healthcare Fraud, HHS, OIG

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Legislature Again Approves Two Year Permit Extensions for Projects

The Florida Legislature has again approved a two-year permit extension for local government-issued development orders, building permits, level of service certificates, and permits issued by the Florida Department of…more

Construction Permits, Real Estate Development, Time Extensions

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Is this the Beginning of a New Era in State Data Breach Notification Laws?

An Overview of the Florida Information Protection Act of 2014 (FIPA) - On June 20, 2014, Florida Governor Rick Scott approved FIPA. This comprehensive new data security law becomes effective July 1, 2014. The nature of…more

Cybersecurity, Data Breach, Data Protection, FIPA, Notice Requirements

See All Updates »

Maryland Phases-In Increased Exemptions for Estate Tax

Currently, in addition to any federal estate tax, Maryland imposes an estate tax on property that passes upon the death of an individual on the amount of the decedent’s taxable estate in excess of $1 million. The maximum rate of…more

Beneficiaries, Estate Tax, Exemptions, New Legislation, Property Tax

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Win for Employer in New Jersey Whistleblower Case

In a 5-1 ruling, the New Jersey Supreme Court affirmed the Appellate Division’s ruling that a nurse who claimed that he was fired for blowing the whistle on alleged improper patient care could not rely on a nurse’s professional…more

Employer Liability Issues, Whistleblower Protection Policies, Whistleblowers

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IRRC Approves PUC’s Final-Omitted Regulations Designed to Accelerate Switching

On May 22, 2014, the Independent Regulatory Review Commission (“IRRC”) approved by a 5-0 vote the final-omitted regulations adopted by the Pennsylvania Public Utility Commission (“PUC”) which will accelerate the process for…more

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The Sixth Circuit Court of Appeals Reverses Bankruptcy Court’s Ruling that the Absolute-Priority Rule No Longer Applies to Individual Chapter 11 Debtors

The Sixth Circuit Court of Appeals recently issued an opinion confirming that the absolute priority rule still applies to individual chapter 11 debtors following the 2005 amendments to the Bankruptcy Code. Ice House America, LLC…more

Absolute Priority Rule, Appeals, Bankruptcy Code, Chapter 11, Commercial Bankruptcy

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BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the…more

BP, BP Claims Program, Class Action, Complex Litigation, Economic Damages

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Controversial Florida Case Blocks Creditor from Enforcing Judgment Against Foreign Assets

A recent opinion from Florida's Fourth District Court of Appeal held that a Florida court does not have jurisdiction to compel a judgment debtor to turn over stock certificates located outside the state of Florida to satisfy a…more

Appeals, Enforcement, Judgment Creditors, Jurisdiction, Offshore Funds

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Worth Another Look: Write-In Campaigns

Most candidates for public office in Pennsylvania secure their place on the ballot by following the traditional path. They circulate nomination petitions, collect the requisite signatures by statutorily required deadlines and…more

Political Campaigns

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Whitewood v. Wolf: Navigating the Sea of Change for Marriage Equality

It has been a momentous year for marriage equality in our country. The U.S. Supreme Court’s landmark June 2013 decisions overturning the Defense of Marriage Act and upholding the ruling on Proposition 8’s unconstitutionality…more

DOMA, Marriage, Marriage Equality, Same-Sex Marriage, SCOTUS

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Covenants Not to Sue in Connection with Nuisance and Other Property Claims Can Be Enforceable against Future Owners

At times, where a developer seeks to obtain an easement from a landowner for the construction of infrastructure or improvements on or adjacent to the landowner’s property, the landowner may request additional consideration to…more

Covenant Not to Sue, Easements, Infrastructure, Nuisance

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Two Important NLRB Decisions: When Franchisees/Franchisers are a Joint Employer and Forming Micro Bargaining Units in Retail

On July 29, 2014, the General Counsel for the National Labor Relations Board (NLRB), Richard Griffin, authorized NLRB Regional Directors to issue complaints in 43 unfair labor practices cases against McDonald’s USA LLC. The…more

Employee Rights, Franchises, Franchisors, Joint Employers, McDonalds

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Proposed Amendment to California's Property Tax Rules – Attempting to Close a Commercial Real Estate Loophole

Proposition 13 generally limits taxes on real property to one percent of the full cash value of that property. “Full cash value” is defined as the assessor's valuation of the property tax bill, which typically is based upon the…more

Cash Value, Commercial Real Estate Market, Property Tax, State Taxes

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Business Succession (a/k/a “Buy-Sell”) Agreements: Plan Ahead for the Unexpected

Unexpected events happen in business, just as in all other aspects of life. The death, disability, retirement or “divorce” of business owners can jeopardize a healthy business or send it into a financial tailspin. That’s why…more

Succession Planning

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FERC Reversed on Demand Response Programs – Who Can and Should Incent Non-Sales of Electricity?

In an appeal decided on May 23, 2014 at Docket No. 11-1486, the District of Columbia U.S. Court of Appeals vacated in its entirety the Federal Energy Regulatory Commission’s (“FERC”) Order No. 745 due to FERC’s lack of…more

Appeals, Electric Generation Suppliers, Electricity, Federal Jurisdiction, Federal Power Act

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Data Entry Completed for Fiscal Year 2015 H-1B Cap Cases

U.S. Citizenship and Immigration Services (USCIS) announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery…more

H-1B, Lottery, USCIS, Visa Caps, Visas

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Two-Midnight Rule Delayed

Facing severe opposition, the Centers for Medicare & Medicaid Services (CMS) has delayed the “two-midnight” rule through September 30, 2014. The two-midnight rule is a new regulation included in the 2014 Medicare inpatient…more

CMS, Healthcare, Healthcare Reform, MACs, Medicaid

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Employers Must Respond to all Unemployment Claims or Face Penalties: No Good Deed Goes Unpunished

Confirming that no good deed goes unpunished, Florida law now requires employers to respond to all unemployment claims or face a penalty. All employers are subject to this penalty, even if the employer does not contest the claim…more

Compliance, Penalties, Unemployment, Unemployment Insurance

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President Increases Minimum Wage for Federal Contractors

The President recently signed an Executive Order establishing a minimum wage of $10.10 per hour for federal contractors and subcontractors beginning January 1, 2015. Also taking effect on January 1, 2015 is an increased minimum…more

Executive Orders, Federal Contractors, Minimum Wage, Subcontractors, Wage and Hour

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CAFC Provides Further Judicial Guidance on Software Claims

On July 11, 2014, the Court of Appeals for the Federal Circuit decided Digitech Image Technologies, LLC v. Electronics For Imaging, Inc. The issue concerned patent eligibility under 35 USC 101. Digitech’s patent (U.S. Patent No…more

CAFC, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter, Patents

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Medium-Sized Employers Given a Temporary Break in PPACA Pay or Play Penalties

On February 12, 2014, the IRS published Final Regulations pertaining to the shared responsibility provisions of the Patient Protection and Affordable Care Act of 2010 (“PPACA”). Large employers are defined in PPACA as those with…more

Affordable Care Act, Employee Definition, IRS, Pay or Play, Shared Responsibility Rule

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Revised Draft Rule G-42: MSRB Continues to Fine-Tune Rules Applicable to Municipal Advisors

On July 23, 2014, the Municipal Securities Rulemaking Board (MSRB) issued Regulatory Notice 2014-12 requesting comments on a revised draft of MSRB Rule G-42 on standards of conduct and duties of municipal advisors when engaging…more

Code of Conduct, Conflicts of Interest, Disclosure Requirements, General Solicitation, MSRB

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FERC Reversed on Demand Response Programs – Who Can and Should Incent Non-Sales of Electricity?

In an appeal decided on May 23, 2014 at Docket No. 11-1486, the District of Columbia U.S. Court of Appeals vacated in its entirety the Federal Energy Regulatory Commission’s (“FERC”) Order No. 745 due to FERC’s lack of…more

Appeals, Electric Generation Suppliers, Electricity, Federal Jurisdiction, Federal Power Act

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Legislature Again Approves Two Year Permit Extensions for Projects

The Florida Legislature has again approved a two-year permit extension for local government-issued development orders, building permits, level of service certificates, and permits issued by the Florida Department of…more

Construction Permits, Real Estate Development, Time Extensions

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What is an “Automatic Telephone Dialing System” under the TCPA?

Many, if not most, Telephone Consumer Protection Act (TCPA) cases hinge on whether the defendant’s alleged conduct involved an automatic telephone dialing system (ATDS). Under 47 U.S.C. § 227, an ATDS is defined as “equipment…more

Robocalling, Spam, TCPA

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Charges Against Corporate Insiders Portend Vigorous Future SEC Enforcement of Section 16(a) and Beneficial Ownership Reporting Requirements

On September 10, 2014, the SEC announced charges against 28 officers, directors and major shareholders, as well as six publicly-traded companies, for violating federal securities laws requiring insiders to promptly report…more

Beneficial Owner, Corporate Officers, Directors, Enforcement Actions, Insider Trading

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Update on P3 Legislation

This past March I wrote about pending legislation to broaden the use of Public Private Partnerships in the State of Florida. Although waiting until the last day of the legislative session, the Florida House of Representatives…more

P3s, Proposed Legislation, Public-Private Partnerships

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Data Entry Completed for Fiscal Year 2015 H-1B Cap Cases

U.S. Citizenship and Immigration Services (USCIS) announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery…more

H-1B, Lottery, USCIS, Visa Caps, Visas

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Florida Applications for Research Credit May Be Submitted Starting March 20

The first day to submit applications for the new Florida Research Credit is March 20, 2013. Applications will be reviewed by the state on a first-come, first-served basis, so timely filing is important. Emergency Rule…more

Corporate Taxes, Income Taxes, Qualified Research Expenses, Tax Credits

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The Ebb and Flow of Comcast v. Behrend

The United States Supreme Court’s 5-4 decision in Comcast v. Behrend, 133 U.S. 1426 (2013) has been the subject of much debate and analysis. The defense bar has heralded the opinion as further tightening the reins on class…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart

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Florida Regulator Promises Revision of Investment Adviser Rules – New Industry Group Forms

Officials from the Florida Office of Financial Regulation (“OFR”) met with representatives of the securities industry last month to discuss reform of regulations applicable to state-covered investment advisers…more

Investment Adviser, Regulatory Reform, Securities, State and Local Government

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Supreme Court Denies Certiorari in MAO’s Double Damages Case

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare…more

Avandia, Damages, GlaxoSmithKline, Humana, Medicare Advantage

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Deadline: Foreign Bank Account Reports Due June 30, 2014

Any U.S. person who has a financial interest in or signature authority over one or more foreign financial accounts with an aggregate value over $10,000 (on any day of the year) must report the accounts to the Treasury Department…more

FBAR, FinCEN, Offshore Banks, Offshore Funds, Reporting Requirements

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IRS’s Offshore Voluntary Disclosure Program: Current Streamlined Procedure

U.S. citizens and tax residents are required to report their world-wide income on their federal income tax returns. In addition, these U.S. persons are required, and have been required for some time, to separately report their…more

IRS, Offshore Funds, OVDP, Reporting Requirements

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OIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians

The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services recently issued a Special Fraud Alert (“Alert”) that addresses two types of arrangements that the OIG believes pose a substantial…more

Fraud, Fraud and Abuse, Healthcare Fraud, HHS, OIG

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Continuing Uncertainty About the Exercise of Eminent Domain in Pennsylvania

The proliferation of unconventional natural gas production in the last few years has been an economic and energy boom to Pennsylvania and other key stakeholders, like local municipalities, exploration and production firms, gas…more

Easements, Eminent Domain, FERC, Natural Gas, Pipelines

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Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many building…more

Building Codes, Commercial Leases, Inspections, Residential Leases

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The Federal Court for the Southern District of New York Rules that Employers with Self-Insured Health Plans Need Not Offer Medical Coverage to Same-Sex Spouses

The issue of same-sex spousal rights is now largely resolved for qualified retirement plans. However, substantial questions about same-sex spouse health benefits remain unanswered. In Roe v. Empire Blue Cross Blue Shield, 2014…more

DOL, DOMA, Employee Benefits, Employer Group Health Plans, Employer Liability Issues

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Legislature Again Approves Two Year Permit Extensions for Projects

The Florida Legislature has again approved a two-year permit extension for local government-issued development orders, building permits, level of service certificates, and permits issued by the Florida Department of…more

Construction Permits, Real Estate Development, Time Extensions

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Delaware Bankruptcy Court Faces Split Among the Courts Concerning Scope of a Landlord’s Claim Against a Tenant in Bankruptcy

The Delaware bankruptcy court will soon be forced to rule on the scope of a landlord's claim in bankruptcy, an issue on which courts around the country have been split for many years. In the case of In re Masonite Corp. (Case…more

Commercial Bankruptcy, Commercial Leases, Landlords, Tenants

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Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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  • Bankruptcy
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  • Immigration Law
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Locations
Other U.S. Locations
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  • Delaware
  • Florida
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  • New York
  • North Carolina
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  • Virginia
Number of Attorneys

400+ Attorneys

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