Buchanan Ingersoll & Rooney PC

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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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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“Doc Fix” Bill Mandates Anti-Fraud Enforcement Tools

On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015, better known as the “doc fix” bill, as an attempt to fix the flawed Medicare reimbursement system implemented by the…more

ACOs, CHIP, CMS, Enforcement Guidance, Healthcare

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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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District Court Dismisses All Claims Against Warner Chilcott and Mayne Pharmaceuticals in “Product Hopping” Case

The United States District Court for the Eastern District of Pennsylvania handed Warner Chilcott PLC and Mayne Pharmaceuticals (Defendants) a victory on Thursday April 16, 2015 in the Doryx “product hopping” case…more

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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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Foreign Qualification: Doing Business in Other States

You’ve formed your company in your home state and now want to do business in a different state. Or maybe, you’ve incorporated in Delaware (because you’ve heard that’s where all the corporate magic happens), even though you live…more

Business Licenses, Certificate of Authority, Ficticious Business Name, Foreign Corporations, Incorporation

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New NLRB Election Rules Become Effective April 2015

On April 14, 2015, the National Labor Relations Board’s (NLRB) new election rules will become effective. As we explained in our December 19, 2014 alert, the new rules will expedite the time between when a petition is filed to…more

Ambush Election Rules, New Guidance, NLRA, NLRB, NLRB General Counsel

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

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

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

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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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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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Protected Title VII Conduct Can Be As Simple As Telling Your Boss to Stop Harassing You

The Sixth Circuit recently ruled “a demand that a supervisor cease his/her harassing conduct constitutes protected activity covered by Title VII,” so that employees who tell a boss to stop harassing them are protected from…more

EEOC, Employer Liability Issues, Enforcement Actions, Harassment, Internal Reporting

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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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Are Independent Contractors Always Exempt From I-9 Requirements?

Employers rarely question the general rule that independent contractors are not required to complete a form I-9. Most employers believe that, if an individual is labeled as an independent contractor, a form I-9 is not required…more

Control Test, Economic Realities Test, I-9, ICE, Independent Contractors

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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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Third Circuit Finds Settlement Agreement to be Plan Modification

In SCH Corp. et al. v. CFI Class Action Claimants (In re SCH Corp.), the Third Circuit Court of Appeals held that a settlement agreement that constituted a plan modification request must be examined under 11 U.S.C. §1127 as…more

Bankruptcy Plans, Class Action, Commercial Bankruptcy, Debt Collectors, Federal Rules of Bankruptcy Procedure

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

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

Vaccinations, World Health Organization

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Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married…more

Guarantors, Judgment Creditors, Property Owners, Spouses, Tenancy by Entirety

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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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New York City’s New Discrimination Law Banning Credit Checks on Employees to Go into Effect Soon

New York City’s credit discrimination law (New Credit Law) becomes effective September 3, 2015. The New Credit Law, which modifies New York City’s Human Rights Law, prohibits employers with four or more employees in New York…more

Background Checks, Credit Checks, Credit DIscrimination, Credit History, Hiring & Firing

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

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

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

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

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

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

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Supreme Court Expands the Potential for Challenges of ERISA Fiduciaries and Their Ongoing Duty to Monitor Investment Options

The Supreme Court recently affirmed that retirement plan fiduciaries have an ongoing duty under ERISA to monitor investment options and the fees charged by them. This means that ERISA plan fiduciaries can be held liable if they…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

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Florida Mortgage Lender Licensing Bulletin

Earlier this year, the Florida Office of Financial Regulation (the Regulator) concluded an investigation against a Miami-based mortgage lender with the lender agreeing to a fine for executing mortgage loans without a license as…more

Licensing Rules, Mortgage Lenders, Mortgages

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

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

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

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#HealthyPA Takes the Next Step

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

CMS, Healthcare, Medicaid, Medicare

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

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

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

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IP Valuation and Financing Startup Companies

When a startup company seeks financing either through debt or new investment, one of the most important issues it faces is how to place a value on its IP portfolio. Typically for a startup company, the IP portfolio it has…more

Financing, IP Portfolio, Popular, Startups, Valuation

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Federal Circuit Broadens Test for Direct Infringement

On August 13, 2015, the Court of Appeals for the Federal Circuit issued an en banc decision in the long standing patent dispute between Limelight Networks, Inc. and Akamai Technologies, Inc. The dispute is centered on an…more

Corporate Counsel, Covered Business Method Patents, Direct Infringement, Induced Infringement, Limelight v Akamai

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…But Coal Bed Gas Is Not The Same As Natural Gas

In a PA Superior Court opinion handed down after the Sissons v. Stanley case (109 A.3d 265, described in the previous blog posting), the court ruled that a reservation of gas rights in a 1932 deed, reserving to the grantor, “the…more

Coal Industry, Deeds, Energy Sector, Natural Gas, Oil & Gas

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Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married…more

Guarantors, Judgment Creditors, Property Owners, Spouses, Tenancy by Entirety

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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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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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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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September 2015 Visa Bulletin: Major Retrogression for EB2 China and India

The U.S. Department of State has published the monthly “Visa Bulletin” for September 2015. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that…more

China, Department of State, EB-2, India, Visa Bulletins

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Deadline: Foreign Bank Account Reports Due June 30, 2014

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Dispute Resolution Boards: Understanding Their Form, Function and Benefits

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

Construction Contracts, Dispute Resolution Boards

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P3 Infrastructure Forum

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

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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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I Paid For It, So I Own It, Right? Well…

You’ve formed your company, and you’ve qualified to do business (if you haven’t, see last week’s blog). But more than that, you’ve engaged a third-party web designer (not your employee) to create a web site for you. Furthermore,…more

Consultants, Contract Terms, Popular, Proprietary Information, Startups

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

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

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

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

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

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

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

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

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

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

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

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

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Unique Ebola-Related Legal Issues Facing Health Care Providers

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

Ebola, Healthcare, Healthcare Professionals, Hospitals

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

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

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

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Reminder: Florida Minimum Wage Increase Effective January 2015

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

Hospitality Industry, Minimum Wage, Restaurant Industry, Tips

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$10,000 in Cash Receipts? Heightened Penalties for Failure to File Form 8300 Within 15 Days

Any person who, in its trade or business, receives cash in the amount of more than $10,000 in a single transaction or a series of related transactions must file Form 8300, Report of Cash Payments Over $10,000, Received in a…more

Bank Secrecy Act, Cash Transactions, Criminal Penalties, Failure-to-File, FinCEN

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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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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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$10,000 in Cash Receipts? Heightened Penalties for Failure to File Form 8300 Within 15 Days

Any person who, in its trade or business, receives cash in the amount of more than $10,000 in a single transaction or a series of related transactions must file Form 8300, Report of Cash Payments Over $10,000, Received in a…more

Bank Secrecy Act, Cash Transactions, Criminal Penalties, Failure-to-File, FinCEN

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

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

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

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Maryland Phases-In Increased Exemptions for Estate Tax

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

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

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

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

Barack Obama, Executive Orders, Federal Contractors, Policy Violations

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

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

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

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

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

Insurers, Loss Causation, Loss Coverage, Proximate Cause

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

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

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

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

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

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

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NLRB’s General Counsel Issues Memorandum Identifying Illegal Employer Rules

The National Labor Relations Board (NLRB) has made it clear that it will aggressively police employee handbooks and conduct policies, including those that cover non-union represented employers…more

Employee Handbooks, Employer Liability Issues, Employment Policies, NLRB, Strategic Enforcement Plan

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Use of Additional Insured Status to Reduce Attorneys' Fees

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

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

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Expect Possible Delays Receiving Your Employment Authorization or Permanent Residence Cards

USCIS has confirmed that their card production facility in Corbin, KY is undergoing maintenance, and all card production work has now been transferred to their facility in Lee’s Summit, MO. A backlog of cases is expected, and…more

Delays, Green Cards, USCIS

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

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

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

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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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Legislature Again Approves Two Year Permit Extensions for Projects

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

Construction Permits, Real Estate Development, Time Extensions

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Trademark Trial Appeal Board Sustains Fraud Claim

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

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

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Section 162(m) Compliance Alert

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

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

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Hiring Your Team: Initial Steps New Employers Must Take

You formed your new company and are ready to hire your team. While the legal requirements will vary by state, industry and employer size, here are some of the steps you should take or consider to comply with federal and state…more

EIN, Hiring & Firing, I-9, Payroll Taxes, Posting Requirements

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

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

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

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Maryland Phases-In Increased Exemptions for Estate Tax

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

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

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SEC Approves CEO Pay Ratio Disclosure Rule

On August 5, 2015, the Securities and Exchange Commission adopted final regulations that will require many public companies to calculate and disclose the ratio between the annual total compensation of their chief executive and…more

Disclosure Requirements, Executive Compensation, Final Rules, Pay Ratio, Publicly-Traded Companies

See All Updates »

Win for Employer in New Jersey Whistleblower Case

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

Employer Liability Issues, Whistleblower Protection Policies, Whistleblowers

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

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

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

See All Updates »

Third Circuit Finds Settlement Agreement to be Plan Modification

In SCH Corp. et al. v. CFI Class Action Claimants (In re SCH Corp.), the Third Circuit Court of Appeals held that a settlement agreement that constituted a plan modification request must be examined under 11 U.S.C. §1127 as…more

Bankruptcy Plans, Class Action, Commercial Bankruptcy, Debt Collectors, Federal Rules of Bankruptcy Procedure

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

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

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

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

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

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

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

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

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

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BP Oil Spill Update

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

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

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

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

See All Updates »

SEC Approves CEO Pay Ratio Disclosure Rule

On August 5, 2015, the Securities and Exchange Commission adopted final regulations that will require many public companies to calculate and disclose the ratio between the annual total compensation of their chief executive and…more

Disclosure Requirements, Executive Compensation, Final Rules, Pay Ratio, Publicly-Traded Companies

See All Updates »

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

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

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

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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 Holds that Absolute Waiver of Subrogation Rights Insulates Insider-Guarantor from Preference Exposure

In Stahl v. Simon (In re Adamson Apparel, Inc.), 785 F.3d 1285 (9th Cir. 2015), the United States Court of Appeals for the Ninth Circuit considered an unresolved issue of bankruptcy law: whether a corporate insider who…more

Bankrtupcy Preferences, Chapter 11, Commercial Bankruptcy, Corporate Officers, Creditors

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

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

Covenant Not to Sue, Easements, Infrastructure, Nuisance

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Jointly Controlled Employee is Eligible for FMLA Leave

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

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

See All Updates »

Pennsylvania Significantly Updates Laws Governing M&A/Conversion

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

Acquisitions, Corporate Conversions, Mergers, New Legislation

See All Updates »

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

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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Financial Regulators’ Policy Statement on Diversity

On June 9th, the Federal regulators who supervise U.S. financial institutions1 issued their Final Interagency Policy Statement Establishing Joint Standards for Assessing the Diversity Policies and Practices of the entities they…more

Banking Sector, Diversity, Employer Mandates, Financial Institutions, Joint Policy Statements

See All Updates »

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

See All Updates »

Businesses Should Review Terms of Energy Supply Contracts

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

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

See All Updates »

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

See All Updates »

Ninth Circuit Holds that Absolute Waiver of Subrogation Rights Insulates Insider-Guarantor from Preference Exposure

In Stahl v. Simon (In re Adamson Apparel, Inc.), 785 F.3d 1285 (9th Cir. 2015), the United States Court of Appeals for the Ninth Circuit considered an unresolved issue of bankruptcy law: whether a corporate insider who…more

Bankrtupcy Preferences, Chapter 11, Commercial Bankruptcy, Corporate Officers, Creditors

See All Updates »

Final USCIS Guidance on When to File Amended H-1B Petitions for Worksite Changes

As previously reported, on May 22, 2015, U.S. Citizenship and Immigration Services (USCIS) posted draft guidance on when to file an amended H-1B petition after the decision in Matter of Simeio Solutions. On July 21, 2015, USCIS…more

Draft Guidance, Employee Relocations, Grace Period, H-1B, LCA

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Federal Circuit Broadens Test for Direct Infringement

On August 13, 2015, the Court of Appeals for the Federal Circuit issued an en banc decision in the long standing patent dispute between Limelight Networks, Inc. and Akamai Technologies, Inc. The dispute is centered on an…more

Corporate Counsel, Covered Business Method Patents, Direct Infringement, Induced Infringement, Limelight v Akamai

See All Updates »

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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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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Businesses Should Review Terms of Energy Supply Contracts

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,…more

Airlines, Appeals, CBAs, Collective Bargaining, Employer Liability Issues

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

Florida Mortgage Lender Licensing Bulletin

Earlier this year, the Florida Office of Financial Regulation (the Regulator) concluded an investigation against a Miami-based mortgage lender with the lender agreeing to a fine for executing mortgage loans without a license as…more

Licensing Rules, Mortgage Lenders, Mortgages

See All Updates »

Pennsylvania Significantly Updates Laws Governing M&A/Conversion

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

Acquisitions, Corporate Conversions, Mergers, New Legislation

See All Updates »

USCIS Finalizes New Guidance on L-1B Specialized Knowledge Petitions

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum on L-1B visa adjudications (L-1B Memo). The L-1 (intracompany transferee) nonimmigrant visa classification permits…more

Intracompany Transferees, L-1B, New Guidance, USCIS, Visas

See All Updates »

The Ebb and Flow of Comcast v. Behrend

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

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

See All Updates »

Federal Contractors’ Heightened Role In Combatting Human Trafficking

Companies contracting with the federal government now share a greater role in the fight against human trafficking. Effective March 2, 2015, President Obama’s Executive Order 13627 and Title XVII of the National Defense…more

Chief Compliance Officers, Compliance, Executive Orders, FAR, Federal Contractors

See All Updates »

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

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

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

See All Updates »

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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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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$10,000 in Cash Receipts? Heightened Penalties for Failure to File Form 8300 Within 15 Days

Any person who, in its trade or business, receives cash in the amount of more than $10,000 in a single transaction or a series of related transactions must file Form 8300, Report of Cash Payments Over $10,000, Received in a…more

Bank Secrecy Act, Cash Transactions, Criminal Penalties, Failure-to-File, FinCEN

See All Updates »

$10,000 in Cash Receipts? Heightened Penalties for Failure to File Form 8300 Within 15 Days

Any person who, in its trade or business, receives cash in the amount of more than $10,000 in a single transaction or a series of related transactions must file Form 8300, Report of Cash Payments Over $10,000, Received in a…more

Bank Secrecy Act, Cash Transactions, Criminal Penalties, Failure-to-File, FinCEN

See All Updates »

OIG Warns: "Physician Compensation Arrangements May Result in Significant Liability"

On June 9, 2015, the Office of Inspector General (OIG) of the Department of Health and Human Services issued a Fraud Alert warning that physicians who enter into compensation arrangements must ensure those arrangements reflect…more

Anti-Kickback Statute, Fair Market Value, Fraud Alerts, HHS, Hospitals

See All Updates »

“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

See All Updates »

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

See All Updates »

Hague Agreement Concerning International Registration of Industrial Designs

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

Hague Agreement, Patents, USPTO, WIPO

See All Updates »

Pennsylvania Significantly Updates Laws Governing M&A/Conversion

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

Acquisitions, Corporate Conversions, Mergers, New Legislation

See All Updates »

Supreme Court Expands the Potential for Challenges of ERISA Fiduciaries and Their Ongoing Duty to Monitor Investment Options

The Supreme Court recently affirmed that retirement plan fiduciaries have an ongoing duty under ERISA to monitor investment options and the fees charged by them. This means that ERISA plan fiduciaries can be held liable if they…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Contact

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

Contact: Katie Wilson

  • 412-562-8800
  • 412-562-1041

Areas of Practice
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Other U.S. Locations
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Number of Attorneys

400+ Attorneys

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