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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Court Finds Naming Names in Public Filings and Imprudent Emails Support Action For Retaliation

In Celia Greengrass v. International Monetary Systems, Ltd., 2015 WL 137891, (7th Cir. Jan. 12, 2015), the Seventh Circuit relied in part on the fact that an employer identified a former employee by name in its discussion of…more

EEOC, Employer Liability Issues, Public Disclosure, Publicly-Traded Companies, Regulation S-K

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IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from the…more

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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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H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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Companies Seeking to Remain Union Free Must React to New NLRB Rules

On December 12, 2014, the National Labor Relations Board (NLRB) issued its long anticipated “quickie” election rules. These rules, which will govern the procedures for union representation elections going forward, will become…more

Ambush Election Rules, Final Rules, NLRB, Union Elections, Unions

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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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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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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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District Court Orders USCIS to Grant H-1B for Market Research Analyst Position

As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and Immigration Services (USCIS)…more

DOL, H-1B, Occupational Outlook Handbook, Specialty Occupations, USCIS

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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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Effective February 2015: New Higher Thresholds Under the Hart-Scott Rodino Antitrust Improvements Act of 1976

Certain threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will be increased. The changes will become effective on February 20, 2015. The Federal Trade Commission (FTC) is…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, The Clayton Act

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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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Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all loan…more

Fiduciary Duty, Loans, New Legislation, Power of Attorney, Security Agreements

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Supreme Court Rules That Time Spent Clearing a Security Checkpoint Is Not Compensable Under the FLSA

In Integrity Staffing Solutions, Inc. v. Busk, 2014 WL 6885951(U.S. Dec. 9, 2014), the Supreme Court held that time employees spend waiting to undergo and undergoing security screenings is not compensable work time under the…more

Amazon, FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks

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New Jersey Adopts Onerous Test That Presumes Workers Are Employees (and Not Independent Contractors) For State Wage Law Purposes

In Hargrove v. Sleepy’s, LLC, No. 2015 WL 214382 (January 14, 2015), the New Jersey Supreme Court answered a certified question from the Third Circuit by holding that the “ABC” test, derived from the New Jersey Unemployment…more

Employee Definition, Employer Liability Issues, Employer Mandates, FLSA, Independent Contractors

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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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Connecting the Dots: The Seventh Circuit Stretches the Definition of “Referral” to Find Anti-Kickback Liability Where a Physician Did Not Steer Patients to a Particular Provider

The Seventh Circuit recently stretched the definition of “referral” under the federal Anti-Kickback Statute (AKS) to affirm a lower court’s ruling that a physician can trigger AKS violations even if such physician does not steer…more

Anti-Kickback Statute, Home Health Agencies, Medicare, Patient Referrals, Physicians

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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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Willful Infringement and Enhanced Damages

Following the 2007 Federal Circuit decision In re Seagate Technology, LLC, some businesses decided that the need to obtain opinion letters from counsel in order to avoid findings of willful infringement was reduced…more

Enhanced Penalties, Legal Opinion, Patent Litigation, Patents, Willful Infringement

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Utah Federal Court Strikes Down as Unconstitutional a Regulation Under the Endangered Species Act Protecting Utah Prairie Dogs on Private Land

The Utah Prairie Dog is a species that exists only in Utah, where it lives on both federal and private land. The species is listed as threatened under the federal Endangered Species Act of 1973, and a federal regulation…more

Commerce Clause, Endangered Species Act, ESA Listings, Interstate Commerce, Jurisdiction

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Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all loan…more

Fiduciary Duty, Loans, New Legislation, Power of Attorney, Security Agreements

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Forbear or Beware: Are Forbearance Agreements the Solution to California Creditors' Nightmares?

In commercial and real estate disputes, the creditor oftentimes agrees to settle his claim for a discounted amount payable in fixed installments over time, but, at the same time, the creditor requires the debtor to secure its…more

Commercial Loans, Creditors, Forbearance Agreements, Judgment Creditors, Promissory Notes

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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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CBP Now Using Checklist for U.S.-Canada Port-of-Entry L-1 Applications

The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a U.S. parent, branch, or subsidiary corporation. In order to obtain an L-1 visa, you must either be coming to the U.S. in a…more

Canada, Customs and Border Protection, L-1 Visas, Multinationals

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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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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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Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all loan…more

Fiduciary Duty, Loans, New Legislation, Power of Attorney, Security Agreements

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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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Unique Ebola-Related Legal Issues Facing Health Care Providers

As compared to non-health care employers, health care providers face several unique considerations when developing and implementing policies and procedures to prepare for an infectious disease outbreak. For good reason, the…more

Ebola, Healthcare, Healthcare Professionals, Hospitals

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Federal Circuit Issues First Opinion From Appeal of an IPR Final Written Decision

On February 4, 2015, the Federal Circuit issued its long-awaited decision in In re Cuozzo Speed Technologies LLC, Case No. 2014-1301 (Feb. 4, 2015), which addresses several novel issues concerning the new AIA procedure for Inter…more

America Invents Act, Appeals, Cuozzo Speed Technologies, Final Judgment, Inter Partes Review Proceedings

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Reminder: Florida Minimum Wage Increase Effective January 2015

Florida’s minimum wage will increase from $7.93 to $8.05 per hour effective January 1, 2015. Also effective January 1, minimum wage for tipped employees will increase from $4.91 to $5.03 per hour, plus tips (keeping the tip…more

Hospitality Industry, Minimum Wage, Restaurant Industry, Tips

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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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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Nationstar Mortgage v Ahmad, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks

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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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National Labor Relations Board Overrules Register Guard and Recognizes Employees' Right to Use Employer's Email for Section 7 Activity

A recent National Labor Relations Board (NLRB) decision that reverses prior law should cause all employers to review and evaluate their email system policies. In Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014), the…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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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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Reminder: Florida Minimum Wage Increase Effective January 2015

Florida’s minimum wage will increase from $7.93 to $8.05 per hour effective January 1, 2015. Also effective January 1, minimum wage for tipped employees will increase from $4.91 to $5.03 per hour, plus tips (keeping the tip…more

Hospitality Industry, Minimum Wage, Restaurant Industry, Tips

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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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Forbear or Beware: Are Forbearance Agreements the Solution to California Creditors' Nightmares?

In commercial and real estate disputes, the creditor oftentimes agrees to settle his claim for a discounted amount payable in fixed installments over time, but, at the same time, the creditor requires the debtor to secure its…more

Commercial Loans, Creditors, Forbearance Agreements, Judgment Creditors, Promissory Notes

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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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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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Ebola– What Employers Can or Should Do As the Threat Grows

Recent news of three confirmed cases of the Ebola Hemorrhagic Fever (Ebola) in the United States (Dallas, Texas) -- with one fatal case -- has caused citizens to question what will happen if the disease comes to their hometowns…more

ADA, CDC, Ebola, Employer Liability Issues, Title VII

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Supreme Court Eases the Way for Eliminating or Modifying Retiree Benefits

As a result of a recent Supreme Court decision, employers gained substantial ground in the ongoing battle over whether retiree health and other welfare benefits can be unilaterally modified or terminated…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, M&G Polymers v Tackett, Retirement

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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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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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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Nationstar Mortgage v Ahmad, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks

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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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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Nationstar Mortgage v Ahmad, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks

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Section 162(m) Compliance Alert

Compensation paid by a publicly-traded corporation to its Chief Executive Officer and three other highest compensated officers (other than the Principal Financial Officer) is generally not tax deductible to the extent the…more

Corporate Governance, Corporate Taxes, Executive Compensation, Publicly-Traded Companies

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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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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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PUC Steps In To Protect Supplier From Defending Phantom Allegations and Complaints Outside Its Jurisdiction

Granting a Motion for Summary Judgment and dismissing Complaints filed against a competitive electric generation supplier (EGS), Blue Pilot Energy (Blue Pilot), the Pennsylvania Public Utility Commission (PUC) issued an Order…more

ALJ, Electric Generation Suppliers, Electricity, Jurisdiction, Public Utilities Commission

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New Value Does Not Need to Remain Unpaid

In In re Proliance International, Inc., et al., Judge Sontchi of the United States Bankruptcy Court for the District of Delaware held that a preference defendant’s preference exposure is reduced upon application of paid and…more

Bankrtupcy Preferences, Chapter 11, Chapter 7, Commercial Bankruptcy, New Value Plans

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Effective February 2015: New Higher Thresholds Under the Hart-Scott Rodino Antitrust Improvements Act of 1976

Certain threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will be increased. The changes will become effective on February 20, 2015. The Federal Trade Commission (FTC) is…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, The Clayton Act

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Federal Circuit Issues First Opinion From Appeal of an IPR Final Written Decision

On February 4, 2015, the Federal Circuit issued its long-awaited decision in In re Cuozzo Speed Technologies LLC, Case No. 2014-1301 (Feb. 4, 2015), which addresses several novel issues concerning the new AIA procedure for Inter…more

America Invents Act, Appeals, Cuozzo Speed Technologies, Final Judgment, Inter Partes Review Proceedings

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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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U.S. Court Asserts its Authority in a Cross-Border Bankruptcy Case

The United States Court of Appeals for the Second Circuit recently asserted its authority in addressing an asset sale in a cross-border bankruptcy case where the main insolvency proceeding was conducted in the British Virgin…more

Appeals, Bernie Madoff, Chapter 15, Commercial Bankruptcy, Cross-Border

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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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IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from the…more

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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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Jointly Controlled Employee is Eligible for FMLA Leave

The Seventh Circuit recently held that although an employee’s employer was too small to be covered by the FMLA (less than 50 employees), because the employee also provided services to a second company and together the two…more

Airlines, Attorney's Fees, Corporate Counsel, Employee Rights, Employer Liability Issues

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Pennsylvania Significantly Updates Laws Governing M&A/Conversion

On October 22, 2014 House Bill 2234 became effective, establishing Pennsylvania’s “Entity Transactions Law”, a version of the Model Entity Transactions Act (META) which will streamline and make more uniform the way in which…more

Acquisitions, Corporate Conversions, Mergers, New Legislation

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Federal Circuit Issues First Opinion From Appeal of an IPR Final Written Decision

On February 4, 2015, the Federal Circuit issued its long-awaited decision in In re Cuozzo Speed Technologies LLC, Case No. 2014-1301 (Feb. 4, 2015), which addresses several novel issues concerning the new AIA procedure for Inter…more

America Invents Act, Appeals, Cuozzo Speed Technologies, Final Judgment, Inter Partes Review Proceedings

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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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Commonwealth Court Rejects Constitutional Challenge to Natural Gas Production on State-Owned Lands and Use of Lease Funds in General Budget

The Commonwealth Court of Pennsylvania has dismissed a lawsuit filed by the Pennsylvania Environmental Defense Foundation (PEDF) to declare unconstitutional and enjoin natural gas extraction from State park and forest land. PEDF…more

Mineral Extraction, Mineral Leases, Natural Gas, Public Land, Resource Extraction

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Businesses Should Review Terms of Energy Supply Contracts

Now is the time to determine if your business is vulnerable to price swings for electricity and natural gas supply due to the volatility of the wholesale market. With cold winter months ahead, money-saving options may be…more

Commercial Contracts, Electricity, Energy Costs, Natural Gas, Private Utility

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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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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Reminder: Florida Minimum Wage Increase Effective January 2015

Florida’s minimum wage will increase from $7.93 to $8.05 per hour effective January 1, 2015. Also effective January 1, minimum wage for tipped employees will increase from $4.91 to $5.03 per hour, plus tips (keeping the tip…more

Hospitality Industry, Minimum Wage, Restaurant Industry, Tips

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IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from the…more

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Year End Retirement Plan Compliance

An annual checkup of qualified retirement plan documents is a good preventative measure to ensure compliance with the myriad of rules and regulations governing such plans. As 2014 draws to a close, the next few weeks is the…more

Qualified Retirement Plans, Retirement, Retirement Plans, Year-End Planning

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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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Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all loan…more

Fiduciary Duty, Loans, New Legislation, Power of Attorney, Security Agreements

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Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business activity…more

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Businesses Should Review Terms of Energy Supply Contracts

Now is the time to determine if your business is vulnerable to price swings for electricity and natural gas supply due to the volatility of the wholesale market. With cold winter months ahead, money-saving options may be…more

Commercial Contracts, Electricity, Energy Costs, Natural Gas, Private Utility

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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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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Nationstar Mortgage v Ahmad, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks

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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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Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business activity…more

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Pennsylvania Significantly Updates Laws Governing M&A/Conversion

On October 22, 2014 House Bill 2234 became effective, establishing Pennsylvania’s “Entity Transactions Law”, a version of the Model Entity Transactions Act (META) which will streamline and make more uniform the way in which…more

Acquisitions, Corporate Conversions, Mergers, New Legislation

See All Updates »

H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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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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Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the Pennsylvania Criminal History Record Information Act

In McCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did not…more

Ban the Box, Criminal Background Checks, Criminal Records, Disclosure, FCRA

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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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IRS Private Letter Ruling Addressing Captive Professional Corporations Could Result in Significant “Consolidated” Tax Savings

On December 19, 2014, the Internal Revenue Service published PLR 201451009, favorably ruling that a for-profit management company could include its captive professional corporation as a member of its consolidated group for…more

Consolidated Tax Returns, Corporate Taxes, IRS, Private Letter Rulings, Professional Corporation

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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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Hague Agreement Concerning International Registration of Industrial Designs

On December 18, 2012, President Barack Obama signed into law the “Patent Law Treaties Implementation Act of 2012,” S. 3486, which implements the Geneva Act of the Hague Agreement Concerning the International Registration of…more

Hague Agreement, Patents, USPTO, WIPO

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Pennsylvania Significantly Updates Laws Governing M&A/Conversion

On October 22, 2014 House Bill 2234 became effective, establishing Pennsylvania’s “Entity Transactions Law”, a version of the Model Entity Transactions Act (META) which will streamline and make more uniform the way in which…more

Acquisitions, Corporate Conversions, Mergers, New Legislation

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Supreme Court Eases the Way for Eliminating or Modifying Retiree Benefits

As a result of a recent Supreme Court decision, employers gained substantial ground in the ongoing battle over whether retiree health and other welfare benefits can be unilaterally modified or terminated…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, M&G Polymers v Tackett, Retirement

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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
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Military Law
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Delaware
  • Florida
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Virginia
Number of Attorneys

400+ Attorneys

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