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Attorney	Latest Publications
Samuel Apicelli	Taking On The Internet For Your Client's Reputation My cell phone rings at 6:30 on a Friday evening. It's the CEO of a client company and she is panicked. Hysterical. It turns out she was doing some "old-fashioned" investigating by performing Google searches on herself and the…more DMCA, Reputation Management, Terms of Use, User-Generated Content, Websites	See All Updates »
Joseph J. Aronica	DOJ and the SEC Issue New FCPA Guidance On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) published "A Resource Guide to the U.S. Foreign Corrupt Practices Act." Through the Guide, DOJ and the SEC provide the most…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
David Augustin	N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of…more Condemnation, Condemnation Clauses, Eminent Domain, Foreclosure, Mortgagee	See All Updates »
Frederick Ball	Research-Related Payments and the Physician Payment Sunshine Act: How Reporting Works and What Applicable Manufacturers Should Consider On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) published long-awaited rules (the "Rules") detailing manufacturers' and group purchasing organizations' reporting requirements under Section 6002 of the…more Affordable Care Act, CMS, Healthcare, Manufacturers, Medical Devices	See All Updates »
G. Matthew Barnard	SBA Rules: Investment Funds Can Now Be Majority Owners of SBIR Companies The Small Business Administration (SBA) recently amended the rules relating to its Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program. The new SBA rules implement the…more Affiliates, Business Ownership, Hedge Funds, Investment Funds, Private Equity	See All Updates »
William Barwick	First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta The first of what is likely to be many Americans with Disabilities Act (ADA) ATM accessibility class action lawsuits against Atlanta-area banks was filed in federal district court in Atlanta last week. The lawsuit was filed by…more ADA, ATMs, Class Action	See All Updates »
Christopher Bender	N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of…more Condemnation, Condemnation Clauses, Eminent Domain, Foreclosure, Mortgagee	See All Updates »
Neville M. Bilimoria	Long-Term Care and Medicaid Managed Care Initiatives in Illinois Currently, Illinois has three Medicaid managed care programs: Primary Care Case Management; Voluntary Managed Care; and the Integrated Care Program. Illinois Medicaid reform requires 50 percent of Illinois' Medicaid clients to…more CMS, Integrated Care Program, Long-Term Care, Medicaid, Medicare	See All Updates »
Eric Breslin	Use It or Lose It: U.S. Supreme Court Holds the SEC Must Bring Civil Enforcement Actions Within Five Years of Wrongful Conduct On February 27, 2013, the United States Supreme Court put a stop to the Securities and Exchange Commission's (SEC) practice of bringing civil enforcement actions outside the five-year statute of limitations. In an opinion by…more Civil Monetary Penalty, Discovery Rule, Gabelli v SEC, SCOTUS, SEC	See All Updates »
Gregory Brodek	Increased Spotlight on Emergency Department Facility Coding by CMS, HHS and DOJ Although the professional component of coding for evaluation and management services ("E&M Services") has been scrutinized over the years, until recently, little attention has been given to coding practices for the facility…more CMS, Document Coding, DOJ, HHS, Medicare	See All Updates »
Marc D. Brookman	Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012 Pa…more Implied Warranty of Habitability, Latent Defects	See All Updates »
Valentine Brown	Public Works Contractors Now Required to Use E-Verify System in Pennsylvania On January 1, the Public Works Employment Verification Act went into effect in Pennsylvania. Signed into law last July, the act requires all Pennsylvania public works contractors and subcontractors involved in projects of more…more Certifications, Contractors, E-Verify, Notifications, Public Works	See All Updates »
Sharon Caffrey	"Every Breath" Theory: On Its Last Breaths? The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for…more Asbestos, Asbestos Litigation, Daubert Ruling, Every Breathe Theory, Evidence	See All Updates »
Christiane Campbell	Taking On The Internet For Your Client's Reputation My cell phone rings at 6:30 on a Friday evening. It's the CEO of a client company and she is panicked. Hysterical. It turns out she was doing some "old-fashioned" investigating by performing Google searches on herself and the…more DMCA, Reputation Management, Terms of Use, User-Generated Content, Websites	See All Updates »
Vincent Capuano	Virginia Enacts the First State Law Regulating Interchangeable Biosimilar Products On March 16, 2013, Virginia became the first state to enact legislation regulating a pharmacist’s substitution of an interchangeable biologic drug for a prescribed reference biologic drug…more Biologics, Biosimilars, FDA, Notice Requirements, Pharmaceutical	See All Updates »
Erin Carter	"Every Breath" Theory: On Its Last Breaths? The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for…more Asbestos, Asbestos Litigation, Daubert Ruling, Every Breathe Theory, Evidence	See All Updates »
David Charapp	"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment…more License Agreements, Motion Picture Industry, Profit Sharing	See All Updates »
Rosanne Ciambrone	Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy Code In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that…more Center of Main Interests, Chapter 15, Debtors, Insolvency	See All Updates »
Lisa Clark	HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others HIPAA Marketing and Sale Provisions Under HIPAA - The privacy and security standards under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its regulations (the "HIPAA Rules") were designed to…more Advertising, Business Associates, Content Aggregators, Covered Entities, Healthcare	See All Updates »
John Dellaportas	Satisfaction Clauses -- A Trap For The Unwary In Terminating M&A Transactions Your company might undertake a merger or acquisition for any number of reasons. It might wish to expand into new markets; to acquire valuable technology or other assets; and/or, of course, simply to grow the bottom line. No…more	See All Updates »
Rudolph J. Di Massa Jr	Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy Code In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that…more Center of Main Interests, Chapter 15, Debtors, Insolvency	See All Updates »
Stephen DiBonaventura	Highlights of the American Taxpayer Relief Act of 2012 After hotly debated year-end negotiations, the U.S. Senate and House of Representatives passed H.R. 8, the American Taxpayer Relief Act of 2012, on January 1, 2013. On January 2, 2013, President Obama signed the bill into law,…more Alternative Minimum Tax, American Taxpayer Relief Act, Business Taxes, Capital Gains, Dividends	See All Updates »
Robert H. Dietrick	DOJ and the SEC Issue New FCPA Guidance On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) published "A Resource Guide to the U.S. Foreign Corrupt Practices Act." Through the Guide, DOJ and the SEC provide the most…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Frank DiGiacomo	Third-Party Software Providers— Will the DGE Take a Hard Look at Them? Unlock your iPhone and today you can swipe through the plethora of apps from the multitude of independent software providers available at your fingertips. As our phones have transformed into ‘smart phones,’ other forms of…more Casinos, Gaming, Gaming Equipment, Gaming Legislation, Independent Contractors	See All Updates »
Erin Duffy	Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules On January 17, 2013, the federal Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), issued the long-anticipated final omnibus amendments (the "2013 Amendments") to the Privacy, Security, Breach…more Business Associates, Covered Entities, Data Protection, Electronic Medical Records, Enforcement	See All Updates »
Joel Ephross	SBA Rules: Investment Funds Can Now Be Majority Owners of SBIR Companies The Small Business Administration (SBA) recently amended the rules relating to its Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program. The new SBA rules implement the…more Affiliates, Business Ownership, Hedge Funds, Investment Funds, Private Equity	See All Updates »
James J. Ferrelli	The Parol Evidence Rule: Forget Blue State/Red State, New Jersey is an Egg State Which came first, the chicken or the egg? This age-old causality dilemma dates back to ancient philosophers, but can also be viewed as a metaphor for the debate over the breadth of the parol evidence rule. Ah, the parol evidence…more Contract Interpretation, Parol Evidence	See All Updates »
Eric D. Frank	Third-Party Software Providers— Will the DGE Take a Hard Look at Them? Unlock your iPhone and today you can swipe through the plethora of apps from the multitude of independent software providers available at your fingertips. As our phones have transformed into ‘smart phones,’ other forms of…more Casinos, Gaming, Gaming Equipment, Gaming Legislation, Independent Contractors	See All Updates »
Melissa Geller	Use It or Lose It: U.S. Supreme Court Holds the SEC Must Bring Civil Enforcement Actions Within Five Years of Wrongful Conduct On February 27, 2013, the United States Supreme Court put a stop to the Securities and Exchange Commission's (SEC) practice of bringing civil enforcement actions outside the five-year statute of limitations. In an opinion by…more Civil Monetary Penalty, Discovery Rule, Gabelli v SEC, SCOTUS, SEC	See All Updates »
Michael Gillen	When Athletes Retire, Is the Next Step Bankruptcy or Paradise? The "paradise" stories for the post-playing careers of professional athletes are without a doubt under told. The success of Roger Staubach in building a real estate empire, the multiple businesses of NBA all-stars Magic Johnson…more Athletes, Financial Planning, Retirement, Sports, Tax Planning	See All Updates »
Mitch Goldman	FCC Releases Decision on New Funding Program for Rural Health: Broadband Connectivity Prioritized and the Expansion of Telemedicine and mHealth Continues Federal Communications Commission (FCC; the "Commission") decision making continues to be active in the area of telemedicine. Recently, on December 21, 2012, the agency released a lengthy decision updating its rules and policies…more Broadband, Digital Health, FCC, Healthcare, mHealth	See All Updates »
Brian Goldstein	U.S. Customs and Border Protection Proposes Testing Method to Classify Footwear U.S. Customs and Border Protection (CBP) has published in The Customs Bulletin (Vol. 47, No. 14, March 27, 2013), a proposed testing method to determine the proper classification of certain footwear under the Harmonize Tariff…more Customs and Border Protection, Imports, Tariffs	See All Updates »
John Goselin	Unprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets? On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan…more Bribery, Broker-Dealer, Compliance, FCPA, Foreign Banks	See All Updates »
Walter Greenhalgh	District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines Bankruptcy In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic…more Adequate Assurances, American Airlines, Burden of Proof, Chapter 11, Collateral	See All Updates »
Michael Grohman	Home Is Where You Hang Your Hat: The Significance of Domicile Planning A debtor, regardless of state residence, can seek protection from his or her creditors in the federal bankruptcy courts. However, the state in which the debtor resides or, more accurately, is "domiciled," will determine which…more Debtors, Domicile, Estate-Tax Exemption, Exempt Assets, Financial Planning	See All Updates »
David I. Haas	Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012 Pa…more Implied Warranty of Habitability, Latent Defects	See All Updates »
Elinor Hart	Congress Drafts Compounding Legislation -- Defines Compounded Drugs as "New Drugs" Under the FFDCA and Creates Bright Line Between "Traditional Compounders" and "Compounding Manufacturers" In the wake of the New England Compounding Center meningitis outbreak, the federal government has actively pushed for greater legislative oversight over compounding pharmacies. On April 26, 2013, the U.S. Senate Committee on…more Drug Compounding, Drug Manufacturers, FDCA, Penalties, Proposed Legislation	See All Updates »
Nanette Heide	SEC Enforcement Actions Against Private Equity: Get Ready for More In a speech delivered at the Private Equity International Conference on January 23, 2013, in New York, Bruce Karpati, Chief of the U.S. Securities and Exchange Commission (SEC) Enforcement Division's Assets Management Unit,…more Asset Management, Asset Valuations, CEOs, CFOs, Conflicts of Interest	See All Updates »
William Heuer	Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy Code In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that…more Center of Main Interests, Chapter 15, Debtors, Insolvency	See All Updates »
Sheila Hollis	Manufacturers Beware: DOE's Program of Compliance with Energy and Water Conservation Standards Comes to Life! Unknown to many manufacturers of appliances, energy-consuming devices and water fixtures, there are a host of energy conservation standards that regulate the performance of these products. While the energy conservation standards…more Compliance, Covered Products, DOE, Enforcement, Manufacturers	See All Updates »
James Holman	Strategies for Avoiding the Headache of Preference Liability Although business bankruptcy filings have trended down in recent months, the lingering legacy of litigation prompted by the surge in filings at the outset of the U.S. financial crisis remains with us and continues to strike many…more Chapter 11, Creditors, Preferential Transfers	See All Updates »
Stephen Honig	Director liability: corporate minutes as Trojan horse Originally published in New England In-House on February 25, 2013. What should director minutes say and how detailed should they be? It likely depends on the maturity of the company, the personality of its management and…more Corporate Minutes	See All Updates »
Robert B. Hopkins	New Safety Test Requirements for Children's Products Become Effective in February 2013 Manufacturers and importers of children's products, including toys, apparel, sporting goods and jewelry, will soon be subject to yet another safety-testing regulation addressing several vital issues related to such testing: the…more Consumer Product Safety Improvement Act, CPSC, Manufacturers, Penalties	See All Updates »
Dennis Hough	Manufacturers Beware: DOE's Program of Compliance with Energy and Water Conservation Standards Comes to Life! Unknown to many manufacturers of appliances, energy-consuming devices and water fixtures, there are a host of energy conservation standards that regulate the performance of these products. While the energy conservation standards…more Compliance, Covered Products, DOE, Enforcement, Manufacturers	See All Updates »
Natalie F. Hrubos	Santa and the FLSA Delivering presents to the well-behaved children all over the world in a single night is hard work. Sure, Santa Claus makes it look easy with his jolly disposition, magical sleigh and team of nine flying reindeer. But does that…more Exempt-Employees, FLSA, Ho Ho Ho, Non-Exempt Employees, Wage and Hour	See All Updates »
Amelia Huskins	First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta The first of what is likely to be many Americans with Disabilities Act (ADA) ATM accessibility class action lawsuits against Atlanta-area banks was filed in federal district court in Atlanta last week. The lawsuit was filed by…more ADA, ATMs, Class Action	See All Updates »
Richard Jaffe	SEC Enforcement Actions Against Private Equity: Get Ready for More In a speech delivered at the Private Equity International Conference on January 23, 2013, in New York, Bruce Karpati, Chief of the U.S. Securities and Exchange Commission (SEC) Enforcement Division's Assets Management Unit,…more Asset Management, Asset Valuations, CEOs, CFOs, Conflicts of Interest	See All Updates »
L. . Norwood Jameson	Virginia Enacts the First State Law Regulating Interchangeable Biosimilar Products On March 16, 2013, Virginia became the first state to enact legislation regulating a pharmacist’s substitution of an interchangeable biologic drug for a prescribed reference biologic drug…more Biologics, Biosimilars, FDA, Notice Requirements, Pharmaceutical	See All Updates »
Suzan Jo	U.S. Supreme Court Lowers the Bar for Class Certification in Private Securities Fraud Actions On February 27, 2013, the U.S. Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plan and Trust Funds, 568 U.S. ___ (2013), resolving a conflict among the Courts of Appeals "over whether district courts…more Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud, Fraud-on-the-Market	See All Updates »
Stanley Kaminski	Cook County, Illinois, Use Tax Update On May 20, 2013, Cook County Use Tax returns are required to be filed for all businesses in Cook County, Illinois, and individuals in Cook County who owe such use tax for purchases made in April 2013 from sellers located outside…more Sales & Use Tax	See All Updates »
Alice T. Kane	Principle-Based Reserves & SPVs: Regulatory Developments In a Duane Morris Alert dated December 7, 2012, we addressed developments at the fall meeting of the National Association of Insurance Commissioners (NAIC) relating to principle-based reserves (PBR) and the draft White Paper on…more Federal Insurance Office, NAIC, Principle-Based Reserves, Special Purpose Vehicles	See All Updates »
William K. (Ken) Keane	FCC Releases Decision on New Funding Program for Rural Health: Broadband Connectivity Prioritized and the Expansion of Telemedicine and mHealth Continues Federal Communications Commission (FCC; the "Commission") decision making continues to be active in the area of telemedicine. Recently, on December 21, 2012, the agency released a lengthy decision updating its rules and policies…more Broadband, Digital Health, FCC, Healthcare, mHealth	See All Updates »
Alan Klein	Virginia Enacts the First State Law Regulating Interchangeable Biosimilar Products On March 16, 2013, Virginia became the first state to enact legislation regulating a pharmacist’s substitution of an interchangeable biologic drug for a prescribed reference biologic drug…more Biologics, Biosimilars, FDA, Notice Requirements, Pharmaceutical	See All Updates »
J. Colin Knisely	First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta The first of what is likely to be many Americans with Disabilities Act (ADA) ATM accessibility class action lawsuits against Atlanta-area banks was filed in federal district court in Atlanta last week. The lawsuit was filed by…more ADA, ATMs, Class Action	See All Updates »
George Kroculick	Understanding the Basics of Philadelphia's New Actual Value Initiative Originally published in The Legal Intelligencer on March 27, 2013. The city of Philadelphia's new property tax program is coming and your assessment is likely going up, but it is not all bad news. Still, commercial…more Actual Value Initiative, Property Tax, Tax Assessment	See All Updates »
Meagen Leary	Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim In a recent case, the Supreme Court of Nevada agreed that a lender needed to wait until the completion of a foreclosure sale before making a deficiency claim against a guarantor. In Ken L. Templeton Family Trust, et al. v…more Anti-Deficiency Provisions, Borrowers, Foreclosure, Guarantors, Lenders	See All Updates »
Philip Lebowitz	Increased Government Scrutiny of Physician-Owned Device Distributorships On March 26, 2013, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) increased its scrutiny of and pressure on physician-owned entities (particularly medical device distributorships) by…more Anti-Kickback Statute, Fraud, Healthcare, Medical Devices, OIG	See All Updates »
Mary Beth Lee	IRS's Fresh Start Program: Opportunity to Resolve Unpaid Tax Obligations Originally published in The Legal Intelligencer on March 15, 2013. Do you have clients, even friends and family, who may be facing serious financial difficulties and may be unable to pay previous or upcoming tax…more Installment Agreements, IRS, Offers in Compromise, Penalties, Tax Returns	See All Updates »
Laurie Löben Sels	New gTLD Trademark Clearinghouse Launches in Anticipation of New Era of Top-Level Web Domains ICANN, the International Corporation for Assigned Names and Numbers, has taken another step in expanding the number of sanctioned top-level web domains (TLD). Domain extensions such as .nike, .canon and .bank may now join the…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
David Loder	Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules On January 17, 2013, the federal Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), issued the long-anticipated final omnibus amendments (the "2013 Amendments") to the Privacy, Security, Breach…more Business Associates, Covered Entities, Data Protection, Electronic Medical Records, Enforcement	See All Updates »
Alyson Lotman	"Every Breath" Theory: On Its Last Breaths? The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for…more Asbestos, Asbestos Litigation, Daubert Ruling, Every Breathe Theory, Evidence	See All Updates »
Nicholas Lynn	Illinois Office of the Inspector General Self-Disclosure Protocol for Reporting Medicaid Overpayment The Illinois Department of Healthcare and Family Services ("Department"), Office of Inspector General ("OIG"), has now issued an Informational Notice and Voluntary Provider Self-Disclosure Protocol ("Protocol") providing…more Affordable Care Act, Disclosure Requirements, Health Insurance, Healthcare, Medicaid	See All Updates »
Wayne Mack	Supreme Court Rejects Stipulation by Proposed Class Representative as Defeating Federal Removal Under Class Action Fairness Act of 2005 In a decision strengthening the ability of defendants in state court class actions to remove those cases to federal court, on March 19, 2013, a unanimous U.S. Supreme Court held in Standard Fire Insurance Company v. Knowles,1…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Michael J. McCalley	Understanding the Basics of Philadelphia's New Actual Value Initiative Originally published in The Legal Intelligencer on March 27, 2013. The city of Philadelphia's new property tax program is coming and your assessment is likely going up, but it is not all bad news. Still, commercial…more Actual Value Initiative, Property Tax, Tax Assessment	See All Updates »
Hugh T. McCormick	Recent Developments in New York's Taxation of Unauthorized Life Insurers Prior to 2012, New York afforded surprisingly favorable tax treatment to life insurance companies that are not licensed to conduct business in New York ("unauthorized life insurers"), but that owned real estate investments in…more Franchise Taxes, Insurers, Licenses, Life Insurance, Premiums	See All Updates »
Amy McCracken	Seven Tips to Protect Your Facility from a False Claims Act Lawsuit The False Claims Act is a federal law that imposes liability on persons and companies who make false claims for payment to the federal government. Many states have similar laws. The Act encourages whistleblowers to file suit on…more False Claims Act, FERA, Internal Investigations, Medicaid, Medicare	See All Updates »
Louise Melchor	Revised Common Level Ratio for Philadelphia May Entitle Certain Taxpayers to a Refund A recent change may affect the parties to certain real estate transactions with respect to property located in Philadelphia County, Pennsylvania, that took place on or after July 1, 2012…more Common Level Ratio, Fair Market Value, Property Tax, Property Valuation, State Tax Equalization Boards	See All Updates »
Brett Messinger	Revised Common Level Ratio for Philadelphia May Entitle Certain Taxpayers to a Refund A recent change may affect the parties to certain real estate transactions with respect to property located in Philadelphia County, Pennsylvania, that took place on or after July 1, 2012…more Common Level Ratio, Fair Market Value, Property Tax, Property Valuation, State Tax Equalization Boards	See All Updates »
Emmy Monahan	HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others HIPAA Marketing and Sale Provisions Under HIPAA - The privacy and security standards under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its regulations (the "HIPAA Rules") were designed to…more Advertising, Business Associates, Content Aggregators, Covered Entities, Healthcare	See All Updates »
George Nemphos	SEC Enforcement Actions Against Private Equity: Get Ready for More In a speech delivered at the Private Equity International Conference on January 23, 2013, in New York, Bruce Karpati, Chief of the U.S. Securities and Exchange Commission (SEC) Enforcement Division's Assets Management Unit,…more Asset Management, Asset Valuations, CEOs, CFOs, Conflicts of Interest	See All Updates »
Thomas Newman	Looking Back on Appeals That Made a Difference Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I appeared…more Appeals, Doctor-Patient Privilege, Drug Treatment, Felony Murder, First Amendment	See All Updates »
Vicki Norton	Virginia Enacts the First State Law Regulating Interchangeable Biosimilar Products On March 16, 2013, Virginia became the first state to enact legislation regulating a pharmacist’s substitution of an interchangeable biologic drug for a prescribed reference biologic drug…more Biologics, Biosimilars, FDA, Notice Requirements, Pharmaceutical	See All Updates »
Ron Oliner	Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy Code In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that…more Center of Main Interests, Chapter 15, Debtors, Insolvency	See All Updates »
Steven Packer	IRS's Fresh Start Program: Opportunity to Resolve Unpaid Tax Obligations Originally published in The Legal Intelligencer on March 15, 2013. Do you have clients, even friends and family, who may be facing serious financial difficulties and may be unable to pay previous or upcoming tax…more Installment Agreements, IRS, Offers in Compromise, Penalties, Tax Returns	See All Updates »
Mary C. Pennisi	Recent Federal False Claims Act Decision Undermines Attorney-Client Privilege over Certain In-House Counsel Emails A federal magistrate judge's recent decision in United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Center, a Civil False Claims Act (“FCA”) case pending in the United States District Court for the Middle District of…more Anti-Kickback Statute, Attorney-Client Privilege, False Claims Act, In-House Counsel, Stark Law	See All Updates »
Marvin G. Pickholz	U.S. Supreme Court Lowers the Bar for Class Certification in Private Securities Fraud Actions On February 27, 2013, the U.S. Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plan and Trust Funds, 568 U.S. ___ (2013), resolving a conflict among the Courts of Appeals "over whether district courts…more Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud, Fraud-on-the-Market	See All Updates »
Rachael G. Pontikes	Congress Drafts Compounding Legislation -- Defines Compounded Drugs as "New Drugs" Under the FFDCA and Creates Bright Line Between "Traditional Compounders" and "Compounding Manufacturers" In the wake of the New England Compounding Center meningitis outbreak, the federal government has actively pushed for greater legislative oversight over compounding pharmacies. On April 26, 2013, the U.S. Senate Committee on…more Drug Compounding, Drug Manufacturers, FDCA, Penalties, Proposed Legislation	See All Updates »
Robert L. Pratter	HHS Issues Final Rules on Essential Health Benefits, Federal and Partnership Exchange Qualified Health Plan Accreditation Timeline and Actuarial Value Essential Health Benefits - On February 20, 2013, the U.S. Department of Health and Human Services (HHS) issued a final rule that set the accreditation standards for qualified health plans (QHPs)—plans that will be…more Actuarial Values, Affordable Care Act, Essential Health Benefits, Healthcare, HHS	See All Updates »
Steven Richman	Automation Systems and Product Liability: Best Practices Originally published in Law360 on January 25, 2013. Contemporary theater depends increasingly on the "wow" factor. General audiences are no longer satisfied to see a great performance live without an associated visual…more Automation Systems, Safety Precautions, Safety Training, Warranties	See All Updates »
Bronwyn Roberts	The Devil Is in the Details: General Releases from Employees That Fail to Specifically Refer to Mass. Wage Act Are Insufficient to Release Wage Act Claims In Crocker v. Townsend Oil Co. Inc., SJC-11059 (Dec. 17, 2012), the Massachusetts Supreme Judicial Court (SJC) held that a general release from an employee in favor of an employer that purports to release all possible existing…more Release Agreements, Settlement, Wage Act, Wage and Hour, Waivers	See All Updates »
Paul S. Rosenlund	New Safety Test Requirements for Children's Products Become Effective in February 2013 Manufacturers and importers of children's products, including toys, apparel, sporting goods and jewelry, will soon be subject to yet another safety-testing regulation addressing several vital issues related to such testing: the…more Consumer Product Safety Improvement Act, CPSC, Manufacturers, Penalties	See All Updates »
Siegfried Ruppert	Virginia Enacts the First State Law Regulating Interchangeable Biosimilar Products On March 16, 2013, Virginia became the first state to enact legislation regulating a pharmacist’s substitution of an interchangeable biologic drug for a prescribed reference biologic drug…more Biologics, Biosimilars, FDA, Notice Requirements, Pharmaceutical	See All Updates »
Richard Seabolt	Supreme Court Rejects Stipulation by Proposed Class Representative as Defeating Federal Removal Under Class Action Fairness Act of 2005 In a decision strengthening the ability of defendants in state court class actions to remove those cases to federal court, on March 19, 2013, a unanimous U.S. Supreme Court held in Standard Fire Insurance Company v. Knowles,1…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Kenneth Shropshire	When Athletes Retire, Is the Next Step Bankruptcy or Paradise? The "paradise" stories for the post-playing careers of professional athletes are without a doubt under told. The success of Roger Staubach in building a real estate empire, the multiple businesses of NBA all-stars Magic Johnson…more Athletes, Financial Planning, Retirement, Sports, Tax Planning	See All Updates »
Mark J. Silberman	mHealth and Home Health: A Natural Fit Originally published in mHealth Newsletter on November 14, 2012. Home health is an industry built on the core value of having hands-on-professionals providing quality healthcare in the comfort and privacy of the patient's…more Digital Health, Electronic Medical Records, Healthcare, Medical Devices, mHealth	See All Updates »
Harry Silver	New HIPAA Rules Regarding Genetic Information Affect Employers, Group Health Plans, Health Insurers and Healthcare Providers Genetic Information Under HIPAA - While the final rule supplementing and modifying the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, Breach Reporting and Enforcement Rules—78 Fed. Reg. 5565…more Employer Group Health Plans, Genetic Services, GINA, Health Insurance, HHS	See All Updates »
Brian Slipakoff	Supreme Court Rejects Stipulation by Proposed Class Representative as Defeating Federal Removal Under Class Action Fairness Act of 2005 In a decision strengthening the ability of defendants in state court class actions to remove those cases to federal court, on March 19, 2013, a unanimous U.S. Supreme Court held in Standard Fire Insurance Company v. Knowles,1…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Carla C. Small	Principle-Based Reserves & SPVs: Regulatory Developments In a Duane Morris Alert dated December 7, 2012, we addressed developments at the fall meeting of the National Association of Insurance Commissioners (NAIC) relating to principle-based reserves (PBR) and the draft White Paper on…more Federal Insurance Office, NAIC, Principle-Based Reserves, Special Purpose Vehicles	See All Updates »
Christopher Soriano	The Efforts to Legalize Sports Betting in New Jersey—A History A complex and expensive battle between the National Collegiate Athletic Association (NCAA) and the four major professional sports leagues and the state of New Jersey over whether New Jersey’s casinos and racetracks can offer…more Amended Legislation, NCAA, PASPA, Sports, Sports Betting	See All Updates »
Carolyn Sprinchorn	Marketplace Fairness Act of 2013 Passes United States Senate On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration…more Due Process, Equal Protection, Internet Retailers, Marketplace Fairness Act, Proposed Legislation	See All Updates »
David Sussman	Wall Street Sales Tax Reintroduced on Capitol Hill: Likely a Significant Impact on Private Investment Funds On April 17, 2013, U.S. Rep. Keith Ellison (D-Minn.) reintroduced the Inclusive Prosperity Act of 2013 (H.R. 1579) (the "Bill"), a financial transaction tax that, according to its supporters, would provide the federal government…more Hedge Funds, Private Equity Funds, Private Investment Funds, Proposed Legislation, Sales & Use Tax	See All Updates »
Michael A. Swit	Research-Related Payments and the Physician Payment Sunshine Act: How Reporting Works and What Applicable Manufacturers Should Consider On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) published long-awaited rules (the "Rules") detailing manufacturers' and group purchasing organizations' reporting requirements under Section 6002 of the…more Affordable Care Act, CMS, Healthcare, Manufacturers, Medical Devices	See All Updates »
Dmitry Tuchinsky	Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules On January 17, 2013, the federal Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), issued the long-anticipated final omnibus amendments (the "2013 Amendments") to the Privacy, Security, Breach…more Business Associates, Covered Entities, Data Protection, Electronic Medical Records, Enforcement	See All Updates »
James Vincequerra	Narrow Interpretation of "Customer" Under SIPA Is Affirmed by the Second Circuit On February 22, 2013, the United States Court of Appeals for the Second Circuit in In re Bernard L. Madoff Investment Securities LLC held that certain individuals who had invested indirectly in Bernard L. Madoff Investment…more Bernie Madoff, Investors, Limited Partnerships, Securities Investor Protection Act, SIPC	See All Updates »
Thomas Wechter	Did Sergio Garcia Lose in Match Play with the IRS? One of the most recognizable names in professional golf—although not the most winning name, having never won a major golf tournament—is Sergio Garcia. He is especially known for his tree shots, the latest of which was a…more Athletes, Foreign Taxpayers, Golf, IRS, Non-Resident Aliens	See All Updates »
Jerome Wolf	Home Is Where You Hang Your Hat: The Significance of Domicile Planning A debtor, regardless of state residence, can seek protection from his or her creditors in the federal bankruptcy courts. However, the state in which the debtor resides or, more accurately, is "domiciled," will determine which…more Debtors, Domicile, Estate-Tax Exemption, Exempt Assets, Financial Planning	See All Updates »
Mauro Wolfe	Unprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets? On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan…more Bribery, Broker-Dealer, Compliance, FCPA, Foreign Banks	See All Updates »

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