LeClairRyan

Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor
Richmond, VA 23219, United States

  • 804.783.2003
  • 804.783.2294

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is…more

FTC, Mobile Devices, Retail Market, Web Tracking

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Final Paycheck Laws – Getting It Right (Part II)

Unless you’re Donald Trump, you probably don’t like telling employees, “You’re Fired!” On the other hand, most employers do not like to hear that an employee is quitting. However, eventually the day will come when an employee…more

Employer Liability Issues, Employer Mandates, Hiring & Firing, Wages

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NTSB Ruling: FAA Regulations Enforceable Against Drones

In the ever shifting landscape of drone law, there has been another seismic shift. In a November 18, 2014 ruling, the NTSB held that the FAA does have the authority to enforce its regulations against certain model aircraft…more

Aircraft, Drones, FAA, NTSB, Pirker

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New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, FAA, Licensing Rules

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New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, FAA, Licensing Rules

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N.J. Wage and Hour Test: Contractor, Employee Distinction No Longer Relevant

In Hargrove v. Sleepy’s, the New Jersey Supreme Court determined, for the purposes of New Jersey’s wage laws (and overtime), that the so-called “ABC test” (derived from New Jersey’s Employment Compensation Act) would govern…more

ABC Test, Employee Definition, Employer Liability Issues, FLSA, Independent Contractors

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Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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The HIPAA Gap Between Employers And Employees

“…HIPAA does not create a duty on the part of employers to protect employees from computer-virus related injuries” This quote, from the Farr v. St. Francis Hosp. & Health Centers case in the Southern District of Indiana,…more

Cybersecurity, Data Breach, Data Protection, HIPAA, HITECH

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Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

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Accountant And Attorney Liability Newsbrief - Fall 2013

In This issue: - First Circuit Rejects Scapegoating and Diversionary Tactics by Plaintiff’s Counsel - Doing Wellness Right - Federal Judge Rules Law Firm Not Liable Under Chapter 93A - In Massachusetts, Employers May…more

Attorney Malpractice, Breach of Duty, Insurers, Professional Liability

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Sunshine Act/Open Payments Alert

On Monday, May 5, 2014, CMS published in the Federal Register an unexpected notice seeking additional public comment specifically around the Dispute Resolution process, which is the process CMS is establishing to give physicians…more

CMS, Dispute Resolution, Hospitals, Medical Devices, Pharmaceutical Manufacturers

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U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in arbitration…more

Arbitration, Class Action, Class Action Arbitration Waivers, Employer Liability Issues, Employment Contract

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New York Court: Insurer's Failure To Defend Does Not Waive Coverage Defenses

New York’s highest court recently held that an insurer that does not defend its insured may, if later sued by the policyholder seeking coverage, plead policy exclusions as a defense to the coverage claim…more

Affirmative Defenses, Attorney Malpractice, Denial of Benefits, Professional Liability, Waivers

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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Voluntary Corporate Dissolution in Virginia: An Alternative to Bankruptcy

When financially-distressed small businesses decide to close their doors, less than one-fifth file a voluntary petition in bankruptcy to wind up operations and liquidate. Although legal commentary focuses on bankruptcy as the…more

Corporate Dissolution, Liquidation, Small Business

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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Sunshine Act Update: First Data Set Published

On September 30, the Center for Medicare & Medicaid Services (CMS) published the first set of data reported by pharmaceutical, medical device, biotechnology and medical supply companies, and group purchasing organizations (GPOs)…more

Affordable Care Act, CMS, False Claims Act, GPOs, Hospitals

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Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

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"ObamaCare" Open Enrollment Period Passes: What This Means For Consumers

The Affordable Care Act (the health care reform law also known as “ObamaCare”) created a nationwide open enrollment period to purchase individual and family health insurance. For fully-reformed, 2014 health insurance plans, open…more

Affordable Care Act, Health Insurance Exchanges, Healthcare, Healthcare Reform, Open Enrollment

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Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

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The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including…more

Disclosure, Discovery, Healthcare, Healthcare Providers, Hospitals

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Broadest Reasonable Interpretations for Inter Partes Review Proceedings Affirmed

The U.S. Court of Appeals for the Federal Circuit recently issued the first decision in an appeal of a final decision of the Patent Trial and Appeal Board (the "Board") under the America Invents Act ("AIA"). In the 2-1 decision…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

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Public Sector Unions Take a Hit in Recent Supreme Court Decision

The United States Supreme Court recently held in Harris v. Quinn that the First Amendment protects certain "quasi-public" employees from being forced to pay fees to a public sector labor union that they don't support. While the…more

Employee Rights, First Amendment, Harris v Quinn, SCOTUS, Unions

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Men at Work: California Public Works Projects and Prevailing Wage Laws

California’s prevailing wage law, set forth in the California Labor Code, provides that each worker employed by contractors or subcontractors on a public works project must be paid not less than the general prevailing wage…more

Construction Contracts, Construction Workers, Contractors, Employer Liability Issues, Employer Mandates

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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United States Bankruptcy Court Rejects Creditor’s Cost Claim Because of Defective Notice

Lenders should be aware of a recent Bankruptcy Court decision that barred a lender from obtaining certain costs when it did not comply with a notice requirement in a mortgage…more

Consumer Bankruptcy, Mortgages, Notice Requirements, Popular

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Calling all Office Romeos…to Sexual Harassment Training

In television courtroom drama style, all over the legal news this past week we’ve seen updates from the trial in Marchuk v. Faruqi & Faruqi (Case No. 1:13-cv-01669, S.D.N.Y), a case brought by a junior female associate against…more

Employer Liability Issues, Law Firm Associates, Law Firm Partners, Marchuk v Faruqi, Sexual Harassment

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Does “Tolled” Mean “Suspended” Or “Extended” In §1367(D)?

Every day, complaints are filed in federal court with claims brought under both federal and state law. If the federal court dismisses or grants judgment on those claims that provide a basis for federal jurisdiction, it has…more

Federal Jurisdiction, Statute of Limitations, Tolling

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ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment…more

ADA, Affordable Care Act, EEOC, Employer Liability Issues, Employer Mandates

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ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment…more

ADA, Affordable Care Act, EEOC, Employer Liability Issues, Employer Mandates

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Baby Pics and HIPAA Insanity

Thanks to a recent article in the New York Times on the HIPAA Privacy Rule, I have a new favorite definition of insanity. My old favorite definition is, repeating the same behavior and expecting a different outcome. It is a…more

Compliance, HIPAA, HIPAA Omnibus Rule, Photographs, Popular

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The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including…more

Disclosure, Discovery, Healthcare, Healthcare Providers, Hospitals

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The Minimum Wage Battle Wages On

With the federal minimum wage remaining at $7.25 since 2009, twenty-two states and the District of Columbia have raised their minimum wages to amounts higher than the federal rate…more

Employee Rights, Minimum Wage, Wage and Hour, Wages

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Drafting and Interpreting Indemnity Agreements: Living Forward, Understanding Backwards

Black’s Law Dictionary defines indemnity as one’s obligation to make good any loss, damage or liability incurred by another to a third party. Typically, this obligation arises within a larger contract, within which the…more

Contract Drafting, Contract Interpretation, Indemnity Agreements

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U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in arbitration…more

Arbitration, Class Action, Class Action Arbitration Waivers, Employer Liability Issues, Employment Contract

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Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

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Sunshine Act Update: First Data Set Published

On September 30, the Center for Medicare & Medicaid Services (CMS) published the first set of data reported by pharmaceutical, medical device, biotechnology and medical supply companies, and group purchasing organizations (GPOs)…more

Affordable Care Act, CMS, False Claims Act, GPOs, Hospitals

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‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,…more

Chemicals, Legislative Agendas, Manufacturers, Popular, Regulatory Standards

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Supreme Court Decision in Alice Corp. v. CLS Bank Raises More Questions Than Answers

The Supreme Court recently issued its much anticipated decision in Alice Corp. v. CLS Bank, unanimously affirming the Federal Circuit's en banc decision finding the method, system, and computer readable medium claims at issue…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Temperatures Rise in Mann Libel Suit

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the Superior…more

Anti-SLAPP, Appeals, Collateral Order Doctrine, Libel

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Comunity Banking Legal Alert

In This Issue: - Banks May Need to Take a Second Look at “Free” Checking Account Promotions - Is Apple Pay in Your Future - Marketing Agreements for Mortgage Services Require Care - Financial…more

Apple Pay, CFPB, Checking Accounts, Community Banks, Disclosure Requirements

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, FAA, Licensing Rules

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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It's Unanimous: Recent NLRB Appointments Ruled Unconstitutional

In a unanimous opinion released on June 25, 2014 the United States Supreme Court held in NLRB v. Noel Canning et al. that President Obama's recess appointments to the National Labor Relations Board (NLRB) in January 2012 were an…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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Site Development: Do It Right Or Pay The Price

From everything I have seen, heard, and experienced, the rush to upgrade sites to deliver faster download speeds and keep up with data demands is not unlike the old market launch days. There is a lot of pressure, some friendly…more

Wireless Industry, Wireless Technology

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Coming Soon to a Theater Near You: New DOJ Closed-Captioning Rules

The price of movie tickets could be going up soon. Under new proposed regulations issued by the Department of Justice, movie theaters with digital screens would be required to show films with options for closed captioning (for…more

ADA, Audio Recording, Closed Captioning, DOJ, Movies

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NDAs Are Easy As MSVEPNFTL

Nondisclosure agreements (NDAs) are generally straightforward documents and follow a consistent format. People often pull a form off the internet, fill in the blanks and send it off to the other side. Likewise, recipients of…more

Non-Disclosure Agreement, Startups, Trade Secrets

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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Shepherding Solar’s Future: Economic sustainability is the key to ‘smart growth’

The buzz about solar keeps on growing thanks to a steady stream of media reports about the industry’s growth potential. The latest examples, to name just a few, include Duke Energy's $500 million solar expansion; solar on…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy

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How to Bring a Franchise Brand to the US

What’s the best way for a successful franchisor outside the U.S. to launch its brand within the U.S.?  Here is one suggested approach: You can read a more detailed explanation of this process in a paper I recently wrote for…more

Foreign Corporations, Foreign Subsidiaries, Franchises, Strategic Planning

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Employer Obligations After a Work Accident

Surprisingly, many employers do not know of this requirement. The Virginia Workers’ Compensation Act provides that employers shall provide injured employees with a panel of physicians from which to select a treating physician…more

Workplace Injury

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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Benefits of Physician Disclosure To Patients of Medical Errors

No matter how dedicated a physician is to her medical practice, or how careful she is to avoid treatment errors when providing care to her patients, nonetheless mistakes cannot be entirely avoided…more

Healthcare, Physicians, Professional Liability, Voluntary Disclosure

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In Defense of Nursing Homes

I read with great concern The Roanoke Times’ Dec. 7 article by Laurence Hammack (“Nursing home’s trouble lingers”) about nursing homes and found it incomplete, at best, and misleading…more

Healthcare, Nursing Homes

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The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This newsletter…more

Contractors, Federal Contractors, General Contractors, Subcontractors, Subcontracts

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U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in arbitration…more

Arbitration, Class Action, Class Action Arbitration Waivers, Employer Liability Issues, Employment Contract

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

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Six “Simple” Steps to Private Practice

In an age when doctors are running for the hills away from private practice, a great friend of mine, Dr. Yohan Park, is a successful, young pediatrician who is running a busy and lucrative private, solo pediatric practice in an…more

Business Development, Physicians

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Phishing Scam Hooks South Carolina Department Of Revenue

Last November, South Carolina’s Department of Revenue was hit with what some commentators say was one of the worst cyberattacks against a state government in U.S. history. This cyberattack led to 3.8 million tax returns, social…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Phishing Scams

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Drones And HOAs: How Homeowners Associations And Condominium Associations Can Be Prepared To Deal With The New Technology

Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and…more

Amazon, Condominium Associations, Drones, Homeowners' Association, Technology

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Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

Supreme Court Decision in Alice Corp. v. CLS Bank Raises More Questions Than Answers

The Supreme Court recently issued its much anticipated decision in Alice Corp. v. CLS Bank, unanimously affirming the Federal Circuit's en banc decision finding the method, system, and computer readable medium claims at issue…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Recent HUD Enforcement Actions Highlight Risks of Loan Discrimination Against Those on Maternity/Paternity Leave

The U. S. Department of Housing and Urban Development (“HUD”) recently entered into settlement agreements with two lenders that allegedly discriminated against mortgage loan applicants based on their maternity leave status. HUD…more

Discrimination, Fair Housing Act, HUD, Lenders, Mortgages

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The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This newsletter…more

Contractors, Federal Contractors, General Contractors, Subcontractors, Subcontracts

See All Updates »

Broadest Reasonable Interpretations for Inter Partes Review Proceedings Affirmed

The U.S. Court of Appeals for the Federal Circuit recently issued the first decision in an appeal of a final decision of the Patent Trial and Appeal Board (the "Board") under the America Invents Act ("AIA"). In the 2-1 decision…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

See All Updates »

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys

100+ Attorneys

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