Buchanan Ingersoll & Rooney PC

171 and Done, Elimination of the Capital Stock and Foreign Franchise Taxes in Pennsylvania

On January 4, 2016, Pennsylvania Governor Tom Wolf announced the elimination of the capital stock and foreign franchise tax effective January 1, 2016. Prior to 2016, all domestic corporations formed in Pennsylvania, including…more

Franchise Taxes, Limited Liability Companies, Limited Partnerships, Transfer Taxes

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OIG Warns of Risks of Physician Compensation Arrangements

In a Fraud Alert published on Tuesday, June 9, the Department of Health and Human Services Office of Inspector General (OIG) issued a strong warning that common physician compensation arrangements may violate the anti-kickback…more

Anti-Kickback Statute, Fraud Alerts, OIG, Physician Compensation Arrangements, Physicians

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Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not Preserved

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information (ESI)…more

Corporate Counsel, Discovery, Domain Names, Duty to Preserve, Electronically Stored Information

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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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Court Allows Adverse Inference Instruction for Failure to Preserve Text Messages

On July 22, 2015, the District Court of the Southern District of California granted in part a motion from Defendants to give an adverse inference instruction to a jury regarding text messages from employees that were not…more

Adverse Inference Instructions, Corporate Counsel, Evidence, Litigation Hold, Text Messages

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Update on the SEC's MCDC Initiative

Many issuers and other obligors of tax-exempt bonds (Issuers) have asked about the status of the Municipalities Continuing Disclosure Cooperation initiative (MCDC). Much attention has been directed to the February 2, 2016…more

MCDC, SEC, Self-Reporting, Tax-Exempt Bonds, Underwriting

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DOL Issues Proposed Changes to Overtime Exemption Rules

On Tuesday, June 30, the Department of Labor (DOL) released the long anticipated proposed rule updating its regulations implementing the Fair Labor Standards Act’s Executive, Administrative and Professional exemptions (Proposed…more

DOL, Exempt-Employees, FLSA, Over-Time, Wage and Hour

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Amended FRCP 26(b) in Action: Trio of Recent Northern District of California Cases Address Who Has the Burden of Establishing the Proportionality Requirement

In January and February 2016, the Northern District of California issued a trio of decisions following the December 2015 amendments to Rule 26(b) of the Federal Rules of Civil Procedure, two of which echo the Advisory Committee…more

Discovery, Federal Rules of Civil Procedure, FRCP 26(b)(1), Proportionality

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Foreign Entrepreneurs Series | Part 2: Immigrant Visas

In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the United States. In that post, we discussed the importance of evaluating available visa options before taking…more

EB-1, EB-5, Entrepreneurs, US Department of State, Visas

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"Likes" on Facebook are Protected Employee Conduct

The United States Court of Appeals for the Second Circuit recently upheld a National Labor Relations Board (Board) decision holding that a sports bar violated the National Labor Relations Act (Act) when it discharged employees…more

Facebook, Hiring & Firing, NLRA, Popular, Protected Concerted Activity

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New Florida Condominium Law Adds Hurdles to Condominium Terminations

On June 16, 2015, Florida Governor Rick Scott signed into law H.B. 643, which made significant changes to Section 718.117 of the Florida Condominium Act. While these changes were made to protect unit owners, they make the…more

Condominium Act, Condominiums, Termination

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Wolf Budget Proposes Extraction Tax

On March 10, 2015, Pennsylvania Governor Tom Wolf-(D) provided the text of his proposed changes to the Tax Reform Code of 1971 that would levy a tax on the extraction of natural gas in the Commonwealth of Pennsylvania…more

Licenses, Natural Gas, Oil & Gas, Proposed Amendments, Severance Tax

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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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Newly Released Proposed Regulations under Section 2704 Apply Broadly to Disallow Valuation Discounts for Transfer Tax Purposes, Making Gift and Intra-Family Sale Transfers in 2016 Essential

Overview - On August 4, 2016, the Treasury Department issued much anticipated proposed regulations under §2704 of the Internal Revenue Code, which, if finalized in their current form, will make very significant changes to…more

Estate Tax, Fair Market Value, Family Businesses, Gift Tax, Internal Revenue Code (IRC)

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Assignor Estoppel Bars an Invalidity Challenge in District Court but is Not Available as a Defense in an Inter Partes Review Proceeding

On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in MAG Aerospace Industries, Inc., NKA MAG Aerospace Industries, LLC v. B/E Aerospace, Inc., No. 2015-1370. One of the issues…more

Assignor Estoppel, Inter Partes Review Proceedings, Patent Infringement, Patent Trial and Appeal Board, Patents

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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 Broadest Reasonable Interpretation Standard Does Not Apply in a Reexamination Proceeding When a Patent Expires During the Proceeding

On August 9, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: CSB-System International, Inc., No. 2015-1832. The issue before the Federal Circuit was whether the Patent Trial and…more

Broadest Reasonable Interpretation Standard, Claim Construction, Patent Litigation, Patent Trial and Appeal Board, Patents

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New Partnership Audit Rules Will Require Amendment of All Partnership Agreements by 2018

On November 2, 2015, Congress passed the Bipartisan Budget Act of 2015, Section 1101 of which repeals the long-standing current rules for IRS audits of partnership entities and replaces those rules with a new centralized…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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For Purposes of an On-Sale Bar, Sale of Manufacturing Services by a Contract Manufacturer Does Not Necessarily Constitute a "Commercial Sale" of the Invention

On July 11, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in The Medicines Co. v. Hospira, Inc., No. 2014-1469. The decision was by the Federal Circuit sitting en banc (the entire court),…more

America Invents Act, En Banc Review, Manufacturers, On-Sale Bar, Pharmaceutical Patents

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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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Certain Immigrant Categories Delayed Beginning in August, Likely to Return to Normal in October

The U.S. Department of State has published the monthly “Visa Bulletin” for August 2016. The Visa Bulletin is a government publication, the primary purpose of which is to provide an updated waiting list for immigrants that are…more

EB-1, EB-2, US Department of State, Visa Bulletins, Visas

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Supreme Court of Pennsylvania Holds Lease Exception of Local Tax Enabling Act Does Not Prevent Business Privilege Tax from Applying to Real Estate Leasing Businesses

On December 21, 2015, the Supreme Court of Pennsylvania held that the exception in 53 P.S. §6924.301.1(f)(1) of the Local Tax Enabling Act (LTEA), which prohibits the taxation of leases and lease transactions, does not preclude…more

Business Privilege Tax, Commercial Leases, Leases, Municipalities, PA Supreme Court

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USPTO Introduces Enhanced After Final Procedure

On July 11, 2016, the U.S. Patent and Trademark Office (USPTO) initiated the Post-Prosecution Pilot (P3) Program. Under the P3 Program, applicants can request a panel of examiners to participate in a conference with the…more

Patent Applications, Patent Trial and Appeal Board, USPTO, USPTO Pilot Program

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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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TILA-RESPA Integrated Mortgage Disclosure Rule

For more than 30 years, lenders have been required under federal law to provide consumers with two different disclosure forms when applying for a mortgage and two more different disclosure forms at the time of closing…more

CFPB, Disclosure Requirements, Dodd-Frank, Mortgage Lenders, Required Forms

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The United States Supreme Court Expands Discharge Exception to Include Fraudulent Transfers

Bankruptcy Code Section 523(a)(2)(A) provides that a debtor may not receive a discharge for a debt for "money, property, services… to the extent obtained by: (A) false pretenses, a false representation or actual fraud… ." In…more

Bankruptcy Code, Chapter 7, Creditors, Debtors, Fraudulent Transfers

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When a "Golden Share Veto" is Trumped by Federal Public Policy

Last month, the United States Bankruptcy Court for the District of Delaware was faced with a frequently-contested issue: whether a debtor’s bankruptcy petition was filed pursuant to proper corporate authority under state law. In…more

Bankruptcy Court, Corporate Governance, Institutional Investors, Limited Liability Companies

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USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this…more

H-1B, Human Resources Professionals, Immigration Procedures, Popular, USCIS

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EEOC Issues Guidance on Providing Unpaid Leave as a Reasonable Accommodation Under the ADA

Motivated by the increasing number of disability discrimination charges related to leave policies, the Equal Employment Opportunity Commission (EEOC) recently issued new guidance discussing unpaid leave as a reasonable…more

ADA, Disability Discrimination, EEOC, Reasonable Accommodation, Undue Hardship

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Federal Defend Trade Secrets Act About to be Signed into Law

On April 27, 2016, the U.S. House of Representatives, by a vote of 410-2, passed the "Defend Trade Secrets Act" (DTSA). The bill was previously passed by the Senate, and the President is expected to soon sign the…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

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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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Employee Health Plans: Good News / Bad News – State Claims Reporting Laws Do Not Apply, but Recovery of Overpayments Made More Difficult

Employee health plans recently received good and bad news from the Supreme Court. On the upside, the Court invalidated a State law that required self-insured employee health plans (and their third-party administrators) to report…more

ERISA, Gobeille v Liberty Mutual Insurance Com., Preemption, Reporting Requirements, SCOTUS

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The President’s FY 2017 Budget Proposal Seeks to Modify Like-Kind Exchange Rules for All Real and Personal Property and Restrict Some Eligibility

The Internal Revenue Code (IRC) requires sellers of investment or business property to pay taxes on any gains realized from sales of such property. However, Section 1031 of the IRC (§1031) has provided an exception to the…more

Internal Revenue Code (IRC), Investment Property, NAICS, OMB, Real Estate Market

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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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Caveat Auctor: Surge in Consumer Class Actions Under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act

The Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18 (TCCWNA) was enacted in 1982 but has historically been under-utilized by plaintiffs until recently. In the past year alone, approximately 40 class…more

Class Action, Consumer Contracts, Terms and Conditions, Unenforceable Contract Terms, Warranties

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You’ve Been Served Via Registered Agent – And You’re In Default

Did you know that your company may have been sued – and served – and no one in your company knows about it? Did you know that your company may even find itself in default and with a judgment against without anyone at the company…more

Default, Registered Representatives, Service of Process, US Department of State

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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Florida's Credit Card Surcharge Prohibition Found Unconstitutional

Landlords, real estate owners and retail owners have experienced cuts into their bottom line as a result of having to absorb the costs of consumers using credit cards. Such landlords and business owners typically have to pay a…more

Credit Card Surcharges, First Amendment, Landlords, Retailers

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Strategic Options for Challenging 3rd Party Patents

You have been accused of infringing a patent and you can’t believe that the asserted patent could ever have been granted. What can you do to take the offensive in attacking the asserted patent? Beginning with the passage…more

America Invents Act, Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Patents

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District Court Holds that a Sale Must Make the Invention Public in Order to be an On-Sale Bar under AIA

On March 3, 2016, a U.S. District Court judge held that the entering into and publicizing of a licensing and supply agreement did not constitute an on-sale bar under the America Invents Act. The pre-AIA statute relating to…more

America Invents Act, Inventions, License Agreements, On-Sale Bar, Patents

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“Death by a Thousand Cuts” – Commercial Landlord Liable for Constructive Eviction Based on Cumulative Interference with Tenant’s Quiet Enjoyment

In its recent decision, Sears, Roebuck & Co. v. 69th Street Retail Mall, L.P., 2015 WL 5778622, the Pennsylvania Superior Court affirmed the liability of a commercial landlord on a claim of constructive eviction based on the…more

Commercial Leases, Commercial Tenants, Covenant of Quiet Enjoyment, Eviction, Interference Proceeding

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Comments on New Rules for Bald and Golden Eagle Protection due July 5, 2016

On May 6 of this year, the United States Fish and Wildlife Service (FWS) published a proposed rule revising the permitting program under the Bald and Golden Eagle Protection Act (the Act). Public comments on the rule are due by…more

Bald and Golden Eagle Protection Act, Incidental Take Permits, NEPA, US Fish and Wildlife Service

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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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When a "Golden Share Veto" is Trumped by Federal Public Policy

Last month, the United States Bankruptcy Court for the District of Delaware was faced with a frequently-contested issue: whether a debtor’s bankruptcy petition was filed pursuant to proper corporate authority under state law. In…more

Bankruptcy Court, Corporate Governance, Institutional Investors, Limited Liability Companies

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New Rule Clarifies that there is no “Right” To Oral Argument in Pennsylvania

Pennsylvania’s recent amendment to Rule 211 of the Rules of Civil Procedure appears on the surface to be a major overhaul, but a peek under the hood reveals that the change reflects prevailing law and enshrines the discretion of…more

Oral Argument, Rules of Civil Procedure

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New Lease Accounting Rules and Their Effect on Lessee Balance Sheets

Last month, the Financial Accounting Standards Board (FASB) issued a new lease accounting standard that fundamentally alters how leases are recorded on a lessee’s financial statements. These changes to lease accounting could…more

Accounting Standards, FASB, Financial Statements, GAAP, Leases

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When a "Golden Share Veto" is Trumped by Federal Public Policy

Last month, the United States Bankruptcy Court for the District of Delaware was faced with a frequently-contested issue: whether a debtor’s bankruptcy petition was filed pursuant to proper corporate authority under state law. In…more

Bankruptcy Court, Corporate Governance, Institutional Investors, Limited Liability Companies

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Standing in Foreclosure Cases: Still a Recurring Issue

On July 13, 2016, Florida’s Fourth District Court of Appeal held that summary judgment was improperly entered because an affidavit filed by a substitute plaintiff conflicted with the mortgage foreclosure complaint as to what…more

Borrowers, Foreclosure, Mortgages, Standing, Summary Judgment

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Three Ways the Clean Power Plan Won’t Be Overturned...And Why They Still Matter

Over the last seven years, the President and Congress have waged a number of battles over key pieces of legislation. In some cases, Congress has attempted to roll back or overturn policies and laws through votes in the House and…more

Clean Power Plan, Energy & Climate Debates, Energy Sector, EPA

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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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Recent Eleventh Circuit Decision Subjects Debt Collectors to FDCPA Liability for Filing Proofs of Claim as to Time-Barred Debts

Debt collectors filing bankruptcy proofs of claims in the Eleventh Circuit should take caution, as they will now be subject to the Fair Debt Collection Practice Act, 15 U.S.C. §§ 1692-1692p (FDCPA). In Crawford v. LVNV Funding,…more

Adverse Action, Appeals, Chapter 13, Consumer Bankruptcy, Debt Collection

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Pittsburgh City Council Passes Paid Sick Leave

On August, 3, 2015, Pittsburgh City Council, by a 7-1 vote, passed an Ordinance entitled the "Paid Sick Days Act" (the Ordinance), which requires that all employers provide paid sick leave for employees who work within the City…more

FLSA, Local Ordinance, Notice Requirements, Over-Time, Paid Sick Leave Act

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Securities and Exchange Commission (SEC) Emphasizes Priority to Bring Enforcement Actions for Commercial Bribery under U.S. Foreign Corrupt Practices Act (FCPA)

Black’s Law Dictionary defines commercial bribery as “[a] form of corrupt and unfair trade practice in which an employee accepts a gratuity to act against the best interest of his employer.” Commercial bribery is illegal under…more

Bribery, DOJ, Enforcement Actions, FCPA, Goodyear

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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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Factoring Convertible Debt into your Next Equity Round Price

In the past we’ve talked about structuring and maintaining capitalization tables and thresholds and mechanics involved in converting convertible notes into equity. It makes sense that convertible notes would impact a venture’s…more

Convertible Debt, Equity Financing, Investors, Shareholders, Startups

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Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion…more

Breach of Contract, Corporate Counsel, Discovery, Electronically Stored Information, Email

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Statutory Damages for Infringement of your Copyrights and Trademarks

Statutory damages for copyright and trademark infringement are damages provided for under federal law, which is an advantage to the claimant because other types of damages (lost profits, compensatory damages) can be difficult to…more

Copyright Infringement, Statutory Damages, The Copyright Act, Trademark Infringement, Willful Infringement

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Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B employee…more

DDTC, Export Administration Regulations, Exports, H-1B, ITAR

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Supreme Court of Pennsylvania Holds Lease Exception of Local Tax Enabling Act Does Not Prevent Business Privilege Tax from Applying to Real Estate Leasing Businesses

On December 21, 2015, the Supreme Court of Pennsylvania held that the exception in 53 P.S. §6924.301.1(f)(1) of the Local Tax Enabling Act (LTEA), which prohibits the taxation of leases and lease transactions, does not preclude…more

Business Privilege Tax, Commercial Leases, Leases, Municipalities, PA Supreme Court

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Update on the SEC's MCDC Initiative

Many issuers and other obligors of tax-exempt bonds (Issuers) have asked about the status of the Municipalities Continuing Disclosure Cooperation initiative (MCDC). Much attention has been directed to the February 2, 2016…more

MCDC, SEC, Self-Reporting, Tax-Exempt Bonds, Underwriting

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European Court Invalidates Safe Harbor for Transatlantic Personal Data Transfer

An October 6, 2015 decision by the European Court of Justice (ECJ) could significantly alter the framework by which U.S. companies transfer data across the Atlantic, as the ECJ found the EU-U.S. Safe Harbor framework (the Safe…more

Article 29 Working Group, Binding Corporate Rules, Data Protection Authority, EU, EU Data Protection Laws

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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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Proposed Riverfront Interim Planning Overlay District to Provide Additional Zoning Regulations in Pittsburgh

On Tuesday, May 24, 2016, Pittsburgh City Council passed an ordinance creating a new Interim Planning Overlay District (IPOD) along all of Pittsburgh’s nearly 35 miles of riverfront. The IPOD legislation was initiated by the…more

Property Owners, Real Estate Development, Waterfront Properties, Zoning Laws

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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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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Preservation of ESI Under Rule 37(e)

In the short amount of time since the amendment to Rule 37(e) of the Federal Rules of Civil Procedure, courts have confronted the task of applying the parameters of this newly revised Rule. Importantly, in contrast to the prior…more

Discovery, Duty to Preserve, Electronically Stored Information, Federal Rules of Civil Procedure, FRCP 37(e)

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NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does…more

Appeals, Expert Testimony, Long Term Care Facilities, Long-Term Care, Negligence

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Registrar, Registry, Domain Name…A Quick Primer…

If you’ve got a really good memory, you remember that we talked about issues regarding the owning of your website back in August 2015. I promised then that we’d discuss “owning” your domain name (e.g. knowingstartups.com), and…more

Domain Names, gTLD, Internet, IP Assignment Agreements, Popular

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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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Pennsylvania Supreme Court Holds That Employers Must Provide Additional Consideration to Bind Current Employees to a Non-Compete Agreement

Last week, the Pennsylvania Supreme Court upheld a May 2014 ruling by a Pennsylvania Superior Court that employers must provide new and valuable consideration to bind current employees to a non-compete agreement, notwithstanding…more

Consideration, Employment Contract, First Impression, Non-Compete Agreements, PA Supreme Court

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Delaware Supreme Court Weighs In On “Direct v. Derivative” Question Certified By Second Circuit

In Citigroup Inc. v. AHW Investment Partnership, No. 641, 2015 (Del. May 24, 2016), the Delaware Supreme Court answered a certified question of law presented by the Second Circuit Court of Appeals allowing shareholders claiming…more

Citigroup, DE Supreme Court, Misrepresentation, Mortgage-Backed Securities, Shareholders

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Star Trek Fan Film: Yes, It WILL Boldly Go

As I reported in a recent blawg post, a Federal court in Los Angeles was set to decide just how far the Star Trek universe’s copyright reach extends. In the case of Paramount Pictures Corporation v. Axanar Productions, Inc.,…more

Amicus Briefs, CBS, Copyright Infringement, Paramount Pictures, Star Trek

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Court Affirms Electronic Notes are Enforceable in Florida

Recently, the District Court of Appeal for the Fourth District of Florida affirmed that electronic signatures are enforceable against a borrower in a foreclosure action. On April 1, 2008, two borrowers executed an electronic…more

Borrowers, E-Signatures, Foreclosure, Lenders, MERS

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Banks Beware: DIP Loans May Prime Setoff Rights

This question was posed to counsel seeking to have a debtor in possession (DIP) loan prime a setoff right, a situation which – if not monitored and timely objected to – may result in a bank (or other entity with a setoff right)…more

Bankruptcy Code, Banks, Debtors, Debtors-in-Possession, Liens

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Indemnification In Commercial Agreements – What Is It And Should You Be Concerned About It?

Most commercial contracts contain what is called an “indemnification” provision. Indemnification is an obligation to be responsible for whatever losses another party might suffer if certain events occur. Such losses might…more

Breach of Contract, Damages, Indemnity, Startups

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OSHA U.S. Steel Settlement Adopts Reporting Rules Anti-Retaliation Provisions

In May of this year, OSHA announced a final rule which requires electronic reporting and public disclosure of companies' injury data, and also, a provision that prohibits employers from discriminating against workers or…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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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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OCR Director Discusses Phase 2 Audits, OCR Priorities

A representative of the U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently presented at a compliance forum to provide comments regarding the roll out of OCR’s Phase 2 HIPAA audits. The presenter…more

App Developers, Cybersecurity, HIPAA, HIPAA Audits, Mobile Health Apps

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Energy-Related Legislation Moves Forward

A flurry of energy-related legislation moved forward over the past week, including several measures aimed at overturning controversial rules from the Environmental Protection Agency (EPA). While most will not become law – either…more

Clean Power Plan, Energy Sector, EPA, Pending Legislation, Waters of the United States

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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 and DOJ are Reviewing and Scrubbing Offshore Accounts Data to Build Civil and Criminal Cases

During the June 24, 2016 Tax Controversy Conference held at New York University, officials from both the Department of Justice (DOJ) and the Internal Revenue Service (IRS) emphasized their focus on analyzing the avalanche of…more

DOJ, FATCA, FBAR, FinCEN, IRS

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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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Commercial Leasing Do’s and Don’ts

Commercial leases set out all of the rules and requirements that will govern a business relationship for a long period of time. Real property location and costs are significant elements of any successful business operation. In…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Terms, Land Use Restrictions

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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, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks, USPTO

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“Death by a Thousand Cuts” – Commercial Landlord Liable for Constructive Eviction Based on Cumulative Interference with Tenant’s Quiet Enjoyment

In its recent decision, Sears, Roebuck & Co. v. 69th Street Retail Mall, L.P., 2015 WL 5778622, the Pennsylvania Superior Court affirmed the liability of a commercial landlord on a claim of constructive eviction based on the…more

Commercial Leases, Commercial Tenants, Covenant of Quiet Enjoyment, Eviction, Interference Proceeding

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Deadline: Foreign Bank Account Reports Due June 30, 2016

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, Foreign Bank Accounts, Foreign Financial Assets

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Pennsylvania's New Medical Marijuana Act Implicates Employer Drug Policies

Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or…more

Employment Policies, Hiring & Firing, Marijuana, Medical Marijuana, Popular

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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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Sales & Use Tax to Increase, Base to be Expanded Under 2015-2016 Budget Proposal

Pennsylvania Governor Tom Wolf released his proposed 2015-2016 state General Fund budget on March 3, 2015. It sets forth a spending plan of $29.9 billion, increasing state expenditures by $836.5 million or 2.8 percent (after…more

Sales & Use Tax, State Budgets, Tax Exemptions

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Supreme Court Holds That Disparate-Impact Claims are Available Under the FHA

The Fair Housing Act (FHA) prohibits lenders, brokers, landlords or any other person from discriminating against a person seeking to rent, purchase or secure financing on a home. The FHA specifically prohibits discrimination on…more

ADEA, Affordable Housing, Burden of Proof, Disparate Impact, Evidence

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Bankruptcy Law "Trumps" The National Labor Relations Act in Casino Reorganization Case

In a case of first impression, the United States Court of Appeals for the Third Circuit recently ruled that federal bankruptcy courts may extinguish a Chapter 11 employer’s obligations under an expired collective bargaining…more

Chapter 11, Collective Bargaining Agreements (CBA), Commercial Bankruptcy, Corporate Counsel, Donald Trump

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171 and Done, Elimination of the Capital Stock and Foreign Franchise Taxes in Pennsylvania

On January 4, 2016, Pennsylvania Governor Tom Wolf announced the elimination of the capital stock and foreign franchise tax effective January 1, 2016. Prior to 2016, all domestic corporations formed in Pennsylvania, including…more

Franchise Taxes, Limited Liability Companies, Limited Partnerships, Transfer Taxes

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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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Application Deadline for the CITF Grant and Loan Program – February 26, 2016

The deadline to submit applications for Community Infrastructure and Tourism Fund (CITF) grants and loans is February 26, 2016. There is an estimated $6,600,000 available in grants and loans for approved applicants. The maximum…more

Economic Development, Grants, Infrastructure, Loans, Real Estate Development

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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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Partners in Service: Benefits of a Lawyer-Client Pro Bono Team

As attorneys, we are fortunate to be in a profession that provides a unique and meaningful opportunity to serve our community. Pro bono service allows us to put our specialized skills and experience to work to better the lives…more

Business Development, Client Services, Pro Bono, Young Lawyers

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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 (FCA), Nursing Homes, Prescription Drugs

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OSHA U.S. Steel Settlement Adopts Reporting Rules Anti-Retaliation Provisions

In May of this year, OSHA announced a final rule which requires electronic reporting and public disclosure of companies' injury data, and also, a provision that prohibits employers from discriminating against workers or…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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Seventh Circuit Holds that Title VII - as it Stands - Does not Encompass Sexual Orientation Discrimination

In Hively v. Ivy Tech Community College, 2016 WL 4039703 (7th Cir. July 28, 2016), the court held that Title VII of the Civil Rights Act (Title VII) does not encompass claims for sex discrimination based on sexual orientation…more

Civil Rights Act, EEOC, Job Promotions, LGBT, Sexual Orientation

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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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Three Ways the Clean Power Plan Won’t Be Overturned...And Why They Still Matter

Over the last seven years, the President and Congress have waged a number of battles over key pieces of legislation. In some cases, Congress has attempted to roll back or overturn policies and laws through votes in the House and…more

Clean Power Plan, Energy & Climate Debates, Energy Sector, EPA

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Federal Circuit Finds Claim Reciting Both Apparatus and Process Limitations May Be Definite

On March 1, 2016, the Court of Appeals for the Federal Circuit issued a decision in UltimatePointer, LLC v. Nintendo Co., No. 2015-1297, 2016 BL 60387 (Fed. Cir. Mar. 01, 2016). One of the issues decided by the court was whether…more

Indefiniteness, Nintendo, Patents, Reversal, USPTO

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Alert for Chinese B-1/B-2 Visa Holders

Future travel to the United States by Chinese B-1/B-2 Visa holders will be affected beginning in November, 2016. The United States began issuing visitor visas to citizens of China valid for a 10-year period under multiple…more

B-1, B-2, Customs and Border Protection, International Travel

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Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B employee…more

DDTC, Export Administration Regulations, Exports, H-1B, ITAR

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Proposed Riverfront Interim Planning Overlay District to Provide Additional Zoning Regulations in Pittsburgh

On Tuesday, May 24, 2016, Pittsburgh City Council passed an ordinance creating a new Interim Planning Overlay District (IPOD) along all of Pittsburgh’s nearly 35 miles of riverfront. The IPOD legislation was initiated by the…more

Property Owners, Real Estate Development, Waterfront Properties, Zoning Laws

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Let’s Be Clear: Federal Contractors Must Properly Notify their Employees about Pay Transparency

The U.S. Department of Labor – Office of Federal Contract Compliance Programs' (OFCCP) final rule on regulations implementing President Obama’' Executive Order on pay transparency went into effect on January 11, 2016 (Final…more

Anti-Discrimination Policies, DOL, EEO, Federal Contractors, Final Rules

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California Enhances Discrimination Laws

The California Fair Employment and Housing Act (FEHA) was recently amended in several significant respects. These amendments include: (a) expanding FEHA’s scope to cover employers with at least five employees, only one of whom…more

Anti-Discrimination Policies, Anti-Harassment Policies, DFEH, FEHA, Pregnancy Disability Leave Law

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Private Placement Memoranda – Do I Need One?

All start-ups know the importance of capital in growing a business and frequently, that capital is generated through private offerings of securities. A strong private placement memorandum, or “PPM,” is one tool a start-up may…more

Investors, Private Placements, Regulation D, Rule 506 Offerings, SEC

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Preservation of ESI Under Rule 37(e)

In the short amount of time since the amendment to Rule 37(e) of the Federal Rules of Civil Procedure, courts have confronted the task of applying the parameters of this newly revised Rule. Importantly, in contrast to the prior…more

Discovery, Duty to Preserve, Electronically Stored Information, Federal Rules of Civil Procedure, FRCP 37(e)

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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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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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Legal Ramifications of the Bedbug Renaissance

Recently, several states and municipalities have increased landlords’ responsibility pertaining to prevention, disclosure and treatment of bedbugs in their housing units. As many unfortunately know, controlling a bedbug…more

Bedbugs, Health and Safety, Implied Warranty of Habitability, Landlords, Municipalities

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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, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks, USPTO

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Section 162(m) Compliance Reminder

2016 Shareholder Approval Reminder - If a publicly-traded corporation’s equity incentive plan or annual bonus plan was last approved by shareholders in 2011, the plan must be submitted to shareholders for re-approval in 2016 in…more

Incentive Compensation, Internal Revenue Code (IRC), Publicly-Traded Companies, Section 162(m), Shareholder Approval

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How the Defend Trade Secrets Act of 2016 Affects Employers and What You Need To Do Now

Almost all employers have information that they consider confidential and/or trade secrets, such as strategic plans for their business, financial information, research and development efforts, certain customer information…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Immunity, Misappropriation

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European Court Invalidates Safe Harbor for Transatlantic Personal Data Transfer

An October 6, 2015 decision by the European Court of Justice (ECJ) could significantly alter the framework by which U.S. companies transfer data across the Atlantic, as the ECJ found the EU-U.S. Safe Harbor framework (the Safe…more

Article 29 Working Group, Binding Corporate Rules, Data Protection Authority, EU, EU Data Protection Laws

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The Myth of Mesivtah – The Mistaken Claim that this Pennsylvania Supreme Court Decision Changed Tax Exemption Law. It Didn’t.

Many taxing bodies characterize the Pennsylvania Supreme Court’s decision in Mesivtah Eitz Chaim of Bobov v. Pike County Board of Property Assessment, 44 A.3d 3 (Pa. 2012), as having profoundly changed Pennsylvania charitable…more

Constitutional Amendment, PA Supreme Court, Property Tax, Public Charities, Tax Exemptions

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Newly Released Proposed Regulations under Section 2704 Apply Broadly to Disallow Valuation Discounts for Transfer Tax Purposes, Making Gift and Intra-Family Sale Transfers in 2016 Essential

Overview - On August 4, 2016, the Treasury Department issued much anticipated proposed regulations under §2704 of the Internal Revenue Code, which, if finalized in their current form, will make very significant changes to…more

Estate Tax, Fair Market Value, Family Businesses, Gift Tax, Internal Revenue Code (IRC)

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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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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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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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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Third Circuit Holds Funds Escrowed By Secured Lender After Section 363 Sale Were Not Property of the Estate

In In re ICL Holding Co., Inc., et al., the Third Circuit Court of Appeals held that funds escrowed by the secured lender for the payment of professional fees and other administrative expenses in connection with a Section 363…more

Absolute Priority Rule, Asset Purchaser, Chapter 11, Commercial Bankruptcy, Section 363

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Eleventh Circuit Approves Non-Consensual, Non-Debtor Releases in Chapter 11 Plan

In March 2015, the Eleventh Circuit Court of Appeals made clear that bankruptcy courts in that circuit can, under certain circumstances, confirm a Chapter 11 plan that includes non-consensual, non-debtor releases – the position…more

Affiliates, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Creditors

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The United States Supreme Court Expands Discharge Exception to Include Fraudulent Transfers

Bankruptcy Code Section 523(a)(2)(A) provides that a debtor may not receive a discharge for a debt for "money, property, services… to the extent obtained by: (A) false pretenses, a false representation or actual fraud… ." In…more

Bankruptcy Code, Chapter 7, Creditors, Debtors, Fraudulent Transfers

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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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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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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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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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Federal Circuit Approves Tactical Delay in Bringing Interference Action

On November 20, 2015, in In re Commonwealth Scientific Industrial Research Organisation and Bayer CropScience NV (2014-1710), the Court of Appeals for the Federal Circuit reversed a decision of the Patent Trial and Appeal Board…more

America Invents Act, Interference Proceeding, Patent Litigation, Patent Trial and Appeal Board, USPTO

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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Standing in Foreclosure Cases: Still a Recurring Issue

On July 13, 2016, Florida’s Fourth District Court of Appeal held that summary judgment was improperly entered because an affidavit filed by a substitute plaintiff conflicted with the mortgage foreclosure complaint as to what…more

Borrowers, Foreclosure, Mortgages, Standing, Summary Judgment

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Sales & Use Tax to Increase, Base to be Expanded Under 2015-2016 Budget Proposal

Pennsylvania Governor Tom Wolf released his proposed 2015-2016 state General Fund budget on March 3, 2015. It sets forth a spending plan of $29.9 billion, increasing state expenditures by $836.5 million or 2.8 percent (after…more

Sales & Use Tax, State Budgets, Tax Exemptions

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Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down

In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a…more

Affordable Housing, Chapter 11, Commercial Bankruptcy, Creditors, Guarantors

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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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The Myth of Mesivtah – The Mistaken Claim that this Pennsylvania Supreme Court Decision Changed Tax Exemption Law. It Didn’t.

Many taxing bodies characterize the Pennsylvania Supreme Court’s decision in Mesivtah Eitz Chaim of Bobov v. Pike County Board of Property Assessment, 44 A.3d 3 (Pa. 2012), as having profoundly changed Pennsylvania charitable…more

Constitutional Amendment, PA Supreme Court, Property Tax, Public Charities, Tax Exemptions

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Pennsylvania Court Ends Ban on Ex-Offenders Working in Nursing Homes

The Pennsylvania Commonwealth Court recently declared that a portion of the Pennsylvania Older Adults Protective Services Act, 35 P.S. §§ 10225.101, et seq. (Act), which prohibited individuals with certain criminal convictions…more

Amended Regulation, Criminal Records, Elder Abuse, Hiring & Firing, Nursing Homes

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Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B employee…more

DDTC, Export Administration Regulations, Exports, H-1B, ITAR

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We sure have a lot of shareholders – do we need to start reporting to the SEC? – JOBS Act, Section 12(g) and Record Keeping

After several rounds of financing, many equity awards to employees and maybe a couple of acquisitions (using company stock for payment), some late stage start-up companies end up with very large cap tables. At some point, the…more

Accredited Investors, JOBS Act, Reporting Requirements, SEC, Securities Exchange Act

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FinCEN's New Rules for High-End Real Estate Purchased by Entities

On January 13, 2016, the Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced Geographic Targeting Orders (GTOs) designed to gather data related to its anti-money laundering efforts in the Borough…more

Anti-Money Laundering, FinCEN, Geographic Targeting Order, New Regulations, Real Estate Market

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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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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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FinCEN's New Rules for High-End Real Estate Purchased by Entities

On January 13, 2016, the Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced Geographic Targeting Orders (GTOs) designed to gather data related to its anti-money laundering efforts in the Borough…more

Anti-Money Laundering, FinCEN, Geographic Targeting Order, New Regulations, Real Estate Market

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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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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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The RAISE Act: A New Securities Exemption to Help Start-ups Raise Money?

If you hold stock in a start-up company, you may have noticed that your stock certificate has a daunting message in all capital letters that reads something like: - THE SHARES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED…more

Fixing America’s Surface Transportation Act (FAST Act), IPO, RAISE Act, Rule 144, Section 4(a)

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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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PIPELINE SERIES PART III – The Benefits of a Collaborative Approach

Undoubtedly, any efforts to introduce a new transmission pipeline review process will take time and effort, but a potential Federal-State Partnership Process will have benefits for almost all of the parties involved in what has…more

Natural Gas, Oil & Gas, Pipelines

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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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Caveat Auctor: Surge in Consumer Class Actions Under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act

The Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18 (TCCWNA) was enacted in 1982 but has historically been under-utilized by plaintiffs until recently. In the past year alone, approximately 40 class…more

Class Action, Consumer Contracts, Terms and Conditions, Unenforceable Contract Terms, Warranties

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West Virginia Enacts Right-to-Work Legislation

On July 1, 2016, the State of West Virginia will become the 26th state to enact right-to-work legislation, prohibiting employers from requiring union membership, or the contribution of union dues as a condition of employment…more

Collective Bargaining, Corporate Counsel, Right to Work, Taft-Hartley Act, Unfair Labor Practices

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Eight-Justice High Court Hands a Narrow Victory to Data Aggregation Site … For Now

"[E]ven if you are given a right to the procedure, that alone does not suffice for standing." "[I]t has to be something more than just the violation of . . . what Congress says is a legal right." At the November 2, 2015, oral…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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CMS Relaxes 60-Day Repayment/Self-Disclosure Rule

On February 11, 2016, the Centers for Medicare and Medicaid Services (CMS) released the highly anticipated Final Rule regarding the Reporting and Returning of Overpayments. The Final Rule provides some clarity and resolves some…more

Affordable Care Act, Civil Monetary Penalty, CMS, False Claims Act (FCA), Overpayment Recovery Time Limits

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Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B employee…more

DDTC, Export Administration Regulations, Exports, H-1B, ITAR

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One Small Step for Amarin & One Giant Leap for Pharmaceutical Companies? - Only Time Will Tell

Friday’s ruling in Amarin Pharma, Inc. v. United States Food & Drug Administration is a monumental event. It signals the dawn of a new era for prescription drug promotion…more

Amarin, Commercial Marketing, Commercial Speech, FDA, Free Speech

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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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Let’s Be Clear: Federal Contractors Must Properly Notify their Employees about Pay Transparency

The U.S. Department of Labor – Office of Federal Contract Compliance Programs' (OFCCP) final rule on regulations implementing President Obama’' Executive Order on pay transparency went into effect on January 11, 2016 (Final…more

Anti-Discrimination Policies, DOL, EEO, Federal Contractors, Final Rules

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Coming Soon to a Jurisdiction Near You: Amendments to the Uniform Fraudulent Transfer Act

Fraudulent transfer law governs a debtor's rights to transfer property vis-à-vis its creditors and provides a mechanism under which a transaction may be unwound if the debtor transfers its property or incurs obligations: (i)…more

Choice-of-Law, Fraudulent Transfers, Insolvency, UFTA, Uniform Voidable Transactions Act (UVTA)

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The Broadest Reasonable Interpretation Standard Does Not Apply in a Reexamination Proceeding When a Patent Expires During the Proceeding

On August 9, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: CSB-System International, Inc., No. 2015-1832. The issue before the Federal Circuit was whether the Patent Trial and…more

Broadest Reasonable Interpretation Standard, Claim Construction, Patent Litigation, Patent Trial and Appeal Board, Patents

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The EEOC’s Minimal Conciliation Obligations

The U.S. Supreme Court recently ruled that before bringing a discrimination lawsuit, the EEOC must first attempt to conciliate the matter with the employer; however, to comply with that obligation, the EEOC need only inform the…more

Conciliation, EEOC, Employer Liability Issues, Judicial Review, Mach Mining v EEOC

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Got Trade Secrets? Protecting Your Business Under the Landmark Defend Trade Secrets Act of 2016

It’s no secret that businesses want to set themselves apart from the pack. They invent, research, test and develop a host of ideas, processes, products and information with the intent of keeping these developments and…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Trade Secrets

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Department of Labor Amends the FMLA Definition of “Spouse”

On February 25, 2015, the U.S. Department of Labor (DOL) adopted new regulations that define the term “spouse” for purposes of the FMLA based on the “place of celebration” rule. Under this rule, the term “spouse” includes all…more

DOL, FMLA, Same-Sex Marriage

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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, Year-End Planning

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Stendardo Revisited: The Importance of Specifying Obligations in a Mortgage that Continue in Force after a Foreclosure Judgment

In a recent 2015 case, EMC Mortgage, LLC v. Biddle, 114 A.3d 1057, the Pennsylvania Superior Court applied the holding, Stendardo v. First National Mortgage Association, 991 F.2d 1089 (3d Cir.1993), to a case where a mortgage…more

Contract Drafting, Default, Default Judgment, Foreclosure, Loan Documentation

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Attorneys Must Become Scientists to Defend Against Bad Science

It’s true that science and law are systems intended to discover truth, the two don’t always work well together. Too often, in fact, subpar science can corrupt the judicial system, where it’s a lot easier to posit shaky…more

Evidence, Expert Testimony, Mass Tort Litigation, Proctor & Gamble, Rite Aid

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Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down

In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a…more

Affordable Housing, Chapter 11, Commercial Bankruptcy, Creditors, Guarantors

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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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New Partnership Audit Rules Will Require Amendment of All Partnership Agreements by 2018

On November 2, 2015, Congress passed the Bipartisan Budget Act of 2015, Section 1101 of which repeals the long-standing current rules for IRS audits of partnership entities and replaces those rules with a new centralized…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Court Affirms Electronic Notes are Enforceable in Florida

Recently, the District Court of Appeal for the Fourth District of Florida affirmed that electronic signatures are enforceable against a borrower in a foreclosure action. On April 1, 2008, two borrowers executed an electronic…more

Borrowers, E-Signatures, Foreclosure, Lenders, MERS

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PIPELINE SERIES PART III – The Benefits of a Collaborative Approach

Undoubtedly, any efforts to introduce a new transmission pipeline review process will take time and effort, but a potential Federal-State Partnership Process will have benefits for almost all of the parties involved in what has…more

Natural Gas, Oil & Gas, Pipelines

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Limited Sinkhole Insurance Available for Florida Residents on July 2016

On April 6, 2016, Florida Governor Rick Scott signed into law S.B. 1274, which amends Florida’s sinkhole insurance statute. These changes will go into effect on July 1, 2016 and will provide Florida homeowners with more options…more

Homeowner's Insurance, Homeowners, Insurance Industry, Rick Scott

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Listing Unaccrued Debts In Legal Pleadings Can Leave Creditor Attorneys Liable for FDCPA Damages

When drafting demand letters and complaints, creditors and their attorneys must be cautious when demanding fees from the debtor which the creditor has not yet incurred. The Third Circuit has announced that including a demand for…more

Attorney's Fees, Creditors, Debt Collectors, Demand Letter, FDCPA

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NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does…more

Appeals, Expert Testimony, Long Term Care Facilities, Long-Term Care, Negligence

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NLRB Reformulates the Legal Standard For Finding a Joint Employer

In Browning-Ferris Industries of Cal., Inc. and Sanitary Truck Drivers & Helpers Local 350, 362 NLRB No. 186 (2015), the National Labor Relations Board (Board) rejected 30 years of precedent and held that when deciding whether…more

Browning-Ferris Industries of California Inc., Franchises, Joint Employers, NLRB, Staffing Agencies

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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, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks, USPTO

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Classifying Independent Contractors and Employees – The $100 Million Question

Whether a service provider is correctly classified as an employee or an independent contractor has an important legal consequence: potential liability, both to misclassified employees and to regulators for fines. Many startup…more

FLSA, Independent Contractors, IRS, Misclassification, Popular

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Fourth Circuit Holds that a Data Breach Is Covered by a Commercial General Liability Policy

In an unpublished opinion issued on April 11, 2016, the Court of Appeals for the Fourth Circuit held in The Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, L.L.C. that Travelers must defend a medical records…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, Insurance Industry

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Recent W.D. Pa. Opinion Illustrates the Difficulties in Obtaining Spoliation Sanctions

A recent decision from the United States District Court for the Western District of Pennsylvania reiterated just how difficult it is for a party to obtain spoliation sanctions. In Flanders v. Dzugan, No 12-1481, 2015 WL 5022734…more

Bad Faith, Building Codes, Building Permits, Corporate Counsel, Discovery

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New Partnership Audit Rules Will Require Amendment of All Partnership Agreements by 2018

On November 2, 2015, Congress passed the Bipartisan Budget Act of 2015, Section 1101 of which repeals the long-standing current rules for IRS audits of partnership entities and replaces those rules with a new centralized…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Statutory Damages for Infringement of your Copyrights and Trademarks

Statutory damages for copyright and trademark infringement are damages provided for under federal law, which is an advantage to the claimant because other types of damages (lost profits, compensatory damages) can be difficult to…more

Copyright Infringement, Statutory Damages, The Copyright Act, Trademark Infringement, Willful Infringement

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PATH Act Implemented

On December 18, 2015, President Barack Obama signed the Protecting Americans from Tax Hikes Act of 2015, or the PATH Act, into law. Beginning on February 16, 2016, the PATH Act amends FIRPTA (the Foreign Investment in Real…more

FIRPTA, Internal Revenue Code (IRC), IRS, Protecting Americans from Tax Hikes (PATH) Act

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The President’s FY 2017 Budget Proposal Seeks to Modify Like-Kind Exchange Rules for All Real and Personal Property and Restrict Some Eligibility

The Internal Revenue Code (IRC) requires sellers of investment or business property to pay taxes on any gains realized from sales of such property. However, Section 1031 of the IRC (§1031) has provided an exception to the…more

Internal Revenue Code (IRC), Investment Property, NAICS, OMB, Real Estate Market

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OCR Director Discusses Phase 2 Audits, OCR Priorities

A representative of the U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently presented at a compliance forum to provide comments regarding the roll out of OCR’s Phase 2 HIPAA audits. The presenter…more

App Developers, Cybersecurity, HIPAA, HIPAA Audits, Mobile Health Apps

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OSHA U.S. Steel Settlement Adopts Reporting Rules Anti-Retaliation Provisions

In May of this year, OSHA announced a final rule which requires electronic reporting and public disclosure of companies' injury data, and also, a provision that prohibits employers from discriminating against workers or…more

Anti-Retaliation Provisions, Drug Testing, OSHA, Reporting Requirements, Workplace Injury

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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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Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B employee…more

DDTC, Export Administration Regulations, Exports, H-1B, ITAR

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Eight-Justice High Court Hands a Narrow Victory to Data Aggregation Site … For Now

"[E]ven if you are given a right to the procedure, that alone does not suffice for standing." "[I]t has to be something more than just the violation of . . . what Congress says is a legal right." At the November 2, 2015, oral…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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Seventh Circuit Holds that Title VII - as it Stands - Does not Encompass Sexual Orientation Discrimination

In Hively v. Ivy Tech Community College, 2016 WL 4039703 (7th Cir. July 28, 2016), the court held that Title VII of the Civil Rights Act (Title VII) does not encompass claims for sex discrimination based on sexual orientation…more

Civil Rights Act, EEOC, Job Promotions, LGBT, Sexual Orientation

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Pennsylvania's New Medical Marijuana Act Implicates Employer Drug Policies

Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or…more

Employment Policies, Hiring & Firing, Marijuana, Medical Marijuana, Popular

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EEOC Modifies Pregnancy Bias Guidance to Reflect the Supreme Court’s Ruling in Young v. United Parcel Service, Inc.

On March 25, 2015, the United States Supreme Court ruled in favor of Peggy Young, a UPS driver who claimed she was discriminated against on the basis of pregnancy when she was denied a workplace accommodation that was made…more

Corporate Counsel, EEOC, Guidance Update, PDA, Pleadings

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New Lease Accounting Rules and Their Effect on Lessee Balance Sheets

Last month, the Financial Accounting Standards Board (FASB) issued a new lease accounting standard that fundamentally alters how leases are recorded on a lessee’s financial statements. These changes to lease accounting could…more

Accounting Standards, FASB, Financial Statements, GAAP, Leases

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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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IRS and DOJ are Reviewing and Scrubbing Offshore Accounts Data to Build Civil and Criminal Cases

During the June 24, 2016 Tax Controversy Conference held at New York University, officials from both the Department of Justice (DOJ) and the Internal Revenue Service (IRS) emphasized their focus on analyzing the avalanche of…more

DOJ, FATCA, FBAR, FinCEN, IRS

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U.S. Expatriates Eligible to Open State Department Federal Credit Union Accounts

Due to a combination of factors, including increased enforcement of U.S. anti-money laundering and trade sanction laws and fear of securities law violations, a number of U.S. financial institutions have closed out existing…more

Anti-Money Laundering, Expatriates, FATCA, Financial Institutions, IRS

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Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down

In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a…more

Affordable Housing, Chapter 11, Commercial Bankruptcy, Creditors, Guarantors

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CMS Relaxes 60-Day Repayment/Self-Disclosure Rule

On February 11, 2016, the Centers for Medicare and Medicaid Services (CMS) released the highly anticipated Final Rule regarding the Reporting and Returning of Overpayments. The Final Rule provides some clarity and resolves some…more

Affordable Care Act, Civil Monetary Penalty, CMS, False Claims Act (FCA), Overpayment Recovery Time Limits

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“New Jersey’s Patient Safety Act and Statutory Peer Review Privilege”

The discoverability of documents created by medical institutions during the peer review process has long been the subject of conflict between parties in litigation. Often times the disputed documents contain information that can…more

Discovery, Healthcare, Medical Records, Peer Review, Self-Critical Analysis Privilege

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Court Dismisses Landowners’ Objections to Mariner East 2 Eminent Domain Request

In an Order issued September 29, 2015, Cumberland County Judge Edward Guido dismissed all the preliminary objections filed by a group of landowners challenging the right of Sunoco Pipeline LP to condemn property for the Mariner…more

Condemnation, Dismissals, Energy Sector, FERC, Oil & Gas

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Design Patent Claim Construction Should Include All Elements, Even if Certain Elements Have Functional Purposes

The Federal Circuit opinion of Sport Dimension v. Coleman confirms that as long as the design is not primarily functional, "the design claim is not invalid, even if certain elements have functional purposes." Ethicon…more

Administrative Proceedings, Claim Construction, Declaratory Judgments, Patent Infringement, Patent Litigation

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Bipartisan Budget Act Limiting Provider-Based Status with Site-Neutral Payment Reform

On November 2, 2015, the President signed into law the Bipartisan Budget Act of 2015 (the Act). The Act includes several health care provisions affecting various interests, including a provision that would exclude hospital…more

Federal Budget, Healthcare, Hospitals, Medicare, OPPS

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Convertible Debt Term Sheets – What Companies Need to Know

Convertible debt is a type of financing companies frequently seek as a prelude to their first significant preferred equity financing, or as a bridge round between equity financings. A convertible debt round will typically…more

Convertible Debt, Equity Financing, Investors, Promissory Notes, Purchase Agreement

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Employee Health Plans: Good News / Bad News – State Claims Reporting Laws Do Not Apply, but Recovery of Overpayments Made More Difficult

Employee health plans recently received good and bad news from the Supreme Court. On the upside, the Court invalidated a State law that required self-insured employee health plans (and their third-party administrators) to report…more

ERISA, Gobeille v Liberty Mutual Insurance Com., Preemption, Reporting Requirements, SCOTUS

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Lack of Actual Knowledge of a Need for a Religious Accommodation is Not a Defense to a Religious Bias Suit

On June 1, 2015, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) in a religious bias suit involving an unsuccessful Muslim job applicant who was rejected because her headscarf did not…more

Abercrombie & Fitch, Actual or Constructive Knowledge, Appearance Policy, Disparate Impact, Disparate Treatment

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Pipeline Series Part II – A New Approach: The Federal-State Partnership Process

Before any new review processes are established, all parties must work to fill gaps in existing facility siting processes. States that currently have no established process for the siting review and approval of intrastate…more

Electricity, FERC, Natural Gas, Oil & Gas, Pipelines

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Application Deadline for the CITF Grant and Loan Program – February 26, 2016

The deadline to submit applications for Community Infrastructure and Tourism Fund (CITF) grants and loans is February 26, 2016. There is an estimated $6,600,000 available in grants and loans for approved applicants. The maximum…more

Economic Development, Grants, Infrastructure, Loans, Real Estate Development

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Eleventh Circuit Accepts Broad Definition of the Term "Value" in the Context of Constructive Fraudulent Transfers

In PSN Liquidating Trust v. Intelsat Corp. (In re PSN USA Inc.), 615 F. Appx. 925 (11th Cir. 2015), the Eleventh Circuit held that in the context of constructive fraudulent transfers, the term "value" may take the form of an…more

Chapter 11, Commercial Bankruptcy, Foreign Subsidiaries, Fraudulent Transfers

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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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SEC’s Conflict Minerals Rule Still Unconstitutional, Says D.C. Circuit

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed that both Section 1502 of the Dodd-Frank Act and its implementing Conflict Minerals Rule issued by the SEC violate the First…more

Appeals, Chief Compliance Officers, Conflict Mineral Rules, Democratic Republic of Congo, Disclosure Requirements

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Contact

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

Contact: Shareen Jordan

  • 412-562-8800
  • 412-562-1041

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
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  • 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
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  • Wills, Trusts, & Estate Planning
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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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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