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Philadelphia, PA 19102-2186, United States

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Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

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Sunshine Act Implementation Proceeds; CMS Re-opens the Open Payments System

On August 15, 2014, the Centers for Medicare and Medicaid Services (CMS) re-opened the Open Payments system for physicians and teaching hospitals to register, review, and, if needed, dispute information gathered to date. CMS had…more

CMS, Hospitals, Open Payments, Physicians, Sunshine Act

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Fiscal Cliff Deal Preserves Enhanced Conservation Easement Tax Benefits

Conservation easements are an effective tool for tax and estate planning and there are significant tax benefits to implementing them in 2013…more

Adjusted Gross Income, American Taxpayer Relief Act, Conservation Easements, Conservation Tax Credit, Easements

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SEC Extends Municipalities Continuing Disclosure Cooperation Initiative Self-Reporting Deadline For Issuers and Obligated Persons to December 1, 2014

The Securities and Exchange Commission released a statement on July 31, 2014, modifying certain aspects of its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”). The MCDC Initiative provides an…more

Deadlines, EMMA, MCDC, Municipal Bonds, Municipal Securities Issuers

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Sunshine Act Implementation Proceeds; CMS Re-opens the Open Payments System

On August 15, 2014, the Centers for Medicare and Medicaid Services (CMS) re-opened the Open Payments system for physicians and teaching hospitals to register, review, and, if needed, dispute information gathered to date. CMS had…more

CMS, Hospitals, Open Payments, Physicians, Sunshine Act

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White Collar Watch - January 2014

In This Issue: - SEC’s Dodd-Frank Whistleblower Program Report shows best practices make for an effective compliance and ethics program - In unprecedented move, government seeks to extend the responsible corporate…more

Bid Rigging, Compliance, Dodd-Frank, Ethics, SEC

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

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The Four Biggest Takeaways from the Pennsylvania Supreme Court’s Marcellus Shale Decision

In a huge victory for municipal governments and opponents of unconventional gas drilling, the Pennsylvania Supreme Court struck down portions of the commonwealth’s 2012 Oil and Gas Act (also known as “Act 13”). This Alert…more

Marcellus Shale, Oil & Gas, Shale Gas

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FDA Seeks Comments for Draft Guidance Regarding Expedited Access for Premarket Approval of Medical Devices Intended for Unmet Medical Needs for Life Threatening or Irreversibly Debilitating Diseases or Conditions

The Food and Drug Administration (FDA) released a draft guidance on April 23, 2014 titled Expedited Access for Premarket Approval [of] Medical Devices Intended for Unmet Medical Need for Life Threatening or Irreversibly…more

EAP, FDA, Healthcare, Medical Devices

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New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J. Barrick,…more

Bids, Commercial Leases, DOL, Non-Conforming Bids, Public Projects

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Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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The Benefits Game: New Carryover Option for Health Flexible Spending Accounts – A Change in The “Use It or Lose It Rule”

Some cafeteria plans already contain optional grace period provisions that modify the strict “use it or lose it” rules for Health Flexible Spending Accounts (“Health FSA” or “FSA”). These grace period provisions permit FSA…more

Carryover Basis, Employee Benefits, Flexible Spending Accounts, Healthcare, IRS

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White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity -…more

False Claims Act, FDA, GSA, License Agreements, Licenses

See All Updates »

Legal same-sex marriages to be recognized for federal tax purposes

A new federal policy will allow legally married same-sex couples to get the same federal tax benefits as married heterosexual couples. The policy applies even if the same-sex couple lives in a state that does not recognize their…more

DOMA, IRS, Marriage, Same-Sex Marriage, SCOTUS

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Rumors of the Death of “Title Washing” Are Greatly Exaggerated

On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring Hunting…more

Deeds, Land Titles, Marcellus Shale, Mineral Rights, Oil & Gas

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D.C. Circuit Court of Appeals Upholds FDA Oversight of Autologous Stem Cell Therapeutics

A company that developed a stem cell-based therapy for treating diseases and conditions was found to be in violation of the federal Food, Drug, and Cosmetic Act for failing to seek approval for its product. Cellular and…more

DNA, FDA, FDCA, Life Sciences, Public Health Service Act

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No delay of game – Affordable Care Act (ACA) compliance efforts should continue, despite court rulings

Perhaps you have put your compliance efforts on the back burner, hoping the ACA will just go away. We have heard many reasons for this procrastination, including the constitutional challenge to the individual mandate, the 2008…more

Affordable Care Act, Compliance, Employer Mandates, Healthcare, Healthcare Reform

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Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the…more

Barack Obama, Canning v NLRB, NLRB, Political Appointments, Pro Forma Sessions

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Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections

A federal court of appeals has been asked to clarify the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010’s (“Dodd-Frank” or “Act”) whistleblower protections. Specifically, the court has been asked…more

See All Updates »

City of Philadelphia moves forward with plan to sell its regulated gas division

The Mayor of Philadelphia recently announced the hiring of two investment bankers to start the solicitation process for selling the city’s gas division. As a unique feature of this transaction, the gas division is regulated by…more

Oil & Gas, Public Utilities Commission

See All Updates »

Kevin Hughes Appointed Chairman of the Maryland Public Service Commission

Governor Martin O'Malley appointed Commissioner W. Kevin Hughes as Chairman of the Maryland Public Service Commission following the announcement that current Chairman Douglas R.M. Nazarian was appointed to the Court of Special…more

Energy Policy, Political Appointments, Production Tax Credit, Wind Power

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White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute of…more

False Claims Act, Fraud, SEC, Siemens, Whistleblower Protection Policies

See All Updates »

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity -…more

False Claims Act, FDA, GSA, License Agreements, Licenses

See All Updates »

New Jersey Homeowners Now Using Quiet Title Actions to Affirmatively Challenge a Party’s Standing to Foreclose

On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose on…more

Action to Quiet Title, Banks, Foreclosure, Land Titles, Lenders

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Baltimore Mayor Signs “Ban the Box” Law Restricting Employers from Inquiring into Criminal History of Job Applicants

On May 15, 2014, Baltimore City Mayor Stephanie Rawlings-Blake signed “An Ordinance Concerning ‘Ban the Box’— Fair Criminal Record-Screening Practices,” which prohibits any employer with 10 or more full-time equivalent employees…more

Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employer Mandates

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EPA Issues Final Rule Impacting Emergency Generators, Including Those In Use For Demand Response Programs

The U.S. Environmental Protection Agency ("EPA") has finalized amendments to its rules governing reciprocating internal combustion engines, including those used at many commercial and industrial facilities as a backup power…more

EPA, Reporting Requirements, RICE NESHAP

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Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court of…more

Bad Faith, Breach of Contract, Insurers

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ERISA self-insured health plan not required to cover same sex spouses

In Roe v. Empire Blue Cross Blue Shield, No. 12–cv–04788 (NSR), 58 EBC 1077, 2014 WL 1760343 (S.D. N.Y. May 1, 2014), the United States District Court for the Southern District of New York held a self-insured health plan that…more

Blue Cross, ERISA, Insurers, Retirement Plan, Same-Sex Marriage

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OSHA proposes heightened standards for Crystalline Silica exposure – Opportunity to comment ends January 27

In an attempt to strengthen its Crystalline Silica exposure rule, on September 12, 2013, OSHA proposed significant changes that could result in higher compliance costs and may require additional risk management strategies for…more

Construction Workers, Environmental Policies, Fracking, Manufacturing Employers, OSHA

See All Updates »

White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute of…more

False Claims Act, Fraud, SEC, Siemens, Whistleblower Protection Policies

See All Updates »

New HSR thresholds for 2014

The Federal Trade Commission has announced new filing threshold amounts for HSR Act Premerger Notification Filings. On January 17, 2014, the Federal Trade Commission (“FTC”) announced its approval of new upwardly adjusted…more

FTC, Hart-Scott-Rodino Act, Premerger Notifications, Threshhold Requirements

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Supreme Court Espouses Standard for False Advertising Standing

The ongoing saga between Lexmark International and Static Control Components was kept alive by the Supreme Court in its March 25, 2014, unanimous decision affirming Static Control’s standing to bring a false advertising claim…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

See All Updates »

Heartbleed Bug Creates Risk for Businesses and Consumers

On April 8, 2014, several news agencies, including the New York Times and CNN, reported the discovery of a vulnerability in a core security protocol used by an estimated two-thirds of the world’s servers. The vulnerability lies…more

Amazon, Cloud-Based Services, Codenomicon, Cybersecurity, Data Breach

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New AAA Construction Rules Offer Certainty to Arbitration of Construction Disputes

The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes. The new rules, which took effect on June…more

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Tax-Exempt Hospitals: IRS Issues Proposed Revenue Procedure to Correct and Disclose Failure to Meet 501(r) Requirements

The Internal Revenue Service (“IRS”) on December 30, 2013 issued a proposed revenue procedure that outlines steps to correct and disclose failures to meet the requirements of new section 501(r) of the Internal Revenue Code…more

Charitable Organizations, CHNA, Financial Reporting, Healthcare, Hospitals

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Pennsylvania exempts qualified family-owned businesses from inheritance tax

Pennsylvania has enacted legislation that exempts certain family-owned business interests from its Inheritance Tax…more

Exemptions, Family Businesses, Inheritanance Tax

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New York Considers Changes to Proposed ERM and ORSA Regulation

Based on industry comments, the New York Department of Financial Services (the “NYDFS”) is strongly considering making a number of changes to its proposed Regulation 203, concerning Enterprise Risk Management (“ERM”) and Own…more

Department of Financial Services, ORSA, Risk Management, Trade Secrets

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

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Family Finances: To Discuss or Not To Discuss?

A recent survey reveals some discouraging trends on the financial front. As reported by Financial Advisor, a survey by MFS Investment Management shows that more than 2 out of 3 financial advisors say their baby boomer clients do…more

Adult Children, Estate Planning, Financial Adviser, Surviving Spouse

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Another Step Toward a New Form of Student Union

In a landmark decision that will re-invigorate the recent campaigning by student-athletes and their advocates for a greater role in the business of college sports, the Regional Director for Region 13 of the National Labor…more

College Athletes, NLRA, NLRB, Unions

See All Updates »

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

See All Updates »

Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections

A federal court of appeals has been asked to clarify the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010’s (“Dodd-Frank” or “Act”) whistleblower protections. Specifically, the court has been asked…more

See All Updates »

Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

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Pennsylvania adopts ORSA as well as new provisions clarifying when insurance policies and related documents can be delivered electronically

On Friday, October 25, 2013, Governor Corbett signed HB 1481 into law, which adopts provisions of the NAIC’s Own Risk and Solvency Assessment Model Act (ORSA). HB 1481 also gives much needed direction to Pennsylvania insurers on…more

Electronic Communications, NAIC, Risk Assessment

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City of Philadelphia moves forward with plan to sell its regulated gas division

The Mayor of Philadelphia recently announced the hiring of two investment bankers to start the solicitation process for selling the city’s gas division. As a unique feature of this transaction, the gas division is regulated by…more

Oil & Gas, Public Utilities Commission

See All Updates »

Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

See All Updates »

White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 - Employee…more

False Claims Act, Healthcare, Healthcare Fraud, Hospice, Medicare

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Federal Circuit Decision Extends Potential Patent Term by Months for Many Patents

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit held that patentees are eligible for patent term adjustment (PTA) for the period between a Notice of Allowance and issuance if the period occurs more than…more

Patent Reform, Patent Term Adjustment, Patent Terms, Patents

See All Updates »

Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

See All Updates »

Private equity fund deemed a “trade or business” under ERISA, exposing it to federal liabilities

On July 24, 2013, the U.S. Court of Appeals for the First Circuit held that a private equity fund constituted a “trade or business” under the Employee Retirement Income Security Act (ERISA) and therefore, as a member of its…more

COBRA, ERISA, Investment Portfolios, IRC, Liability

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Settlement Emphasizes the Need for HIPAA Risk Management

A HIPAA violation involving a health plan’s failure to erase protected health information from photocopier hard drives has resulted in a $1.2 million settlement. Your risk can be significantly reduced if you adopt and implement…more

Data Breach, Data Protection, Healthcare, HIPAA, OCR

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

See All Updates »

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From…more

Colleges, Rape, SAFE Act, Sexual Assault, Title IX

See All Updates »

OSHA proposes heightened standards for Crystalline Silica exposure – Opportunity to comment ends January 27

In an attempt to strengthen its Crystalline Silica exposure rule, on September 12, 2013, OSHA proposed significant changes that could result in higher compliance costs and may require additional risk management strategies for…more

Construction Workers, Environmental Policies, Fracking, Manufacturing Employers, OSHA

See All Updates »

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern…more

Arbitration, Arbitrators, Equitable Estoppel, Ex-Parte Communications, Legal Costs

See All Updates »

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

See All Updates »

MSRB Provides Additional Guidance on the Disclosure Duties of Underwriters to Government Issuers under Rule G-17

In 2012, the Municipal Securities Rulemaking Board ("MSRB") expanded the disclosure obligations of underwriters to government issuers under Rule G-17. The MSRB recently published answers to frequently asked questions about this…more

Disclosure Requirements, MSRB, Underwriting

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City of Philadelphia moves forward with plan to sell its regulated gas division

The Mayor of Philadelphia recently announced the hiring of two investment bankers to start the solicitation process for selling the city’s gas division. As a unique feature of this transaction, the gas division is regulated by…more

Oil & Gas, Public Utilities Commission

See All Updates »

U.S. District Court Decision Court Treats Physician Loans as W-2 Income Rather Than Bona Fide Debt

A recent federal court decision illustrates how “loan” arrangements between physicians and their employers, if not properly structured, may be treated as the payment of taxable compensation and the employers may be hit with…more

Loans, Payroll Taxes, Penalties, Physician Recruitment Agreement, Physicians

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White Collar Watch - May 2013

In This Issue: - SEC Charges Municipal Bond Issuer with Securities Fraud for Misleading Statements on Issuer’s Website - State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale -…more

See All Updates »

Federal Circuit Decision Extends Potential Patent Term by Months for Many Patents

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit held that patentees are eligible for patent term adjustment (PTA) for the period between a Notice of Allowance and issuance if the period occurs more than…more

Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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The Employer’s Playbook for Affordable Care Act (ACA) Compliance: Another Delay of Game for Large Employers with Fewer than 100 Full-Time Employees

SUMMARY: Final Rules were released late in the day on February 10, 2014 implementing the employer shared responsibility provisions of the Affordable Care Act (pay or play rules or employer mandate)…more

Affordable Care Act, Employer Mandates, FTEs, Healthcare, Healthcare Reform

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Federal Circuit Decision Extends Potential Patent Term by Months for Many Patents

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit held that patentees are eligible for patent term adjustment (PTA) for the period between a Notice of Allowance and issuance if the period occurs more than…more

Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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The Employer’s Playbook for Affordable Care Act (ACA) Compliance: Another Delay of Game for Large Employers with Fewer than 100 Full-Time Employees

SUMMARY: Final Rules were released late in the day on February 10, 2014 implementing the employer shared responsibility provisions of the Affordable Care Act (pay or play rules or employer mandate)…more

Affordable Care Act, Employer Mandates, FTEs, Healthcare, Healthcare Reform

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White Collar Watch - September 2013

Contents - FDIC filing more suits against officers and directors of failed financial institutions - Third Circuit upholds 12-year prison sentence for former BigLaw associate - Health care executives should…more

Banks, C-Suite Executives, Criminal Prosecution, Directors, FDIC

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ERISA self-insured health plan not required to cover same sex spouses

In Roe v. Empire Blue Cross Blue Shield, No. 12–cv–04788 (NSR), 58 EBC 1077, 2014 WL 1760343 (S.D. N.Y. May 1, 2014), the United States District Court for the Southern District of New York held a self-insured health plan that…more

Blue Cross, ERISA, Insurers, Retirement Plan, Same-Sex Marriage

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Environmental Crimes and Punishment

A few years ago the president of a well-known food brand was convicted and sentenced to serve nine months in federal prison for failing to stop his plant from engaging in a practice that he knew was a violation of environmental…more

Corporate Officers, Directors, Environmental Crimes, Officers, White Collar Crimes

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Small businesses beware: IRS deploys "big data" to scrutinize cash transactions

In Brief - The IRS has signaled its intent to prosecute more small businesses for relatively low-value tax violations. - In doing so, the IRS has increased its reliance on data-driven analyses of the…more

Big Data, Compliance, Enforcement, Enforcement Actions, IRS

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Pennsylvania Department of Community and Economic Development Releases Program Guidelines for City Revitalization and Improvement Zones

Earlier this year, Pennsylvania adopted legislation permitting the establishment of "City Revitalization and Improvement Zones" in select cities in the Commonwealth. Once established, certain tax payments from businesses in the…more

Economic Development, Urban Planning & Development

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Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From…more

Colleges, Rape, SAFE Act, Sexual Assault, Title IX

See All Updates »

Maryland High Court's Finding of Tort Liability for Deficient Title Search has Implications for Title Companies and Underwriters

A recent decision by the Maryland Court of Appeals makes it clear that title companies and underwriters may now be susceptible to tort liability for negligence under Maryland common law…more

Land Titles, Liens, Title Companies, Title Insurance, Vicarious Liability

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White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute of…more

False Claims Act, Fraud, SEC, Siemens, Whistleblower Protection Policies

See All Updates »

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

See All Updates »

Tax-Exempt Hospitals: IRS Issues Proposed Revenue Procedure to Correct and Disclose Failure to Meet 501(r) Requirements

The Internal Revenue Service (“IRS”) on December 30, 2013 issued a proposed revenue procedure that outlines steps to correct and disclose failures to meet the requirements of new section 501(r) of the Internal Revenue Code…more

Charitable Organizations, CHNA, Financial Reporting, Healthcare, Hospitals

See All Updates »

Another Step Toward a New Form of Student Union

In a landmark decision that will re-invigorate the recent campaigning by student-athletes and their advocates for a greater role in the business of college sports, the Regional Director for Region 13 of the National Labor…more

College Athletes, NLRA, NLRB, Unions

See All Updates »

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity -…more

False Claims Act, FDA, GSA, License Agreements, Licenses

See All Updates »

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

See All Updates »

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern…more

Arbitration, Arbitrators, Equitable Estoppel, Ex-Parte Communications, Legal Costs

See All Updates »

Will a Change to the Maryland Estate Tax Law Change Your Exit Strategy?

On May 15, 2014, Governor Martin O’Malley signed into law a bipartisan bill (House Bill 739/Senate Bill 602) that over the course of the next five years - beginning in 2015 - will link (or “re-couple”) the Maryland estate tax…more

Estate Planning, Estate Tax

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Automatic Reductions in Subsidy Payments for Certain Direct Pay Bonds will Continue for Fiscal Year 2014

Pursuant to the requirements of the Budget Control Act of 2011 and the American Taxpayer Relief Act of 2012, on March 1, 2013, President Obama signed an Executive Order reducing the budgetary authority in accounts subject to…more

American Taxpayer Relief Act, Budget Control Act of 2011, Direct Pay Bonds, Executive Orders, Federal Budget

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New Jersey District Court Holds Federal Procedural Law – Not State Law – Governs Private Actions Brought Under the Telephone Consumer Protection Act in Federal Court

Federal District Court rejects the application of New Jersey state law prohibiting private cause of action under Telephone Consumer Protection Act ("TCPA") by concluding that the prohibition does not apply when TCPA claim is…more

Class Action, Class Certification, Federal Rules of Civil Procedure, Private Right of Action, TCPA

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White Collar Watch - February 2013

In This Issue: - New HIPAA “Megarule” Broadens Enforcement - Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision - Seizure of Rothstein Ponzi Assets Highlights Tension Between Forfeiture…more

Forfeiture Statutes, Free Speech, HIPAA, Market Recovery, Mary Jo White

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FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring…more

Data Protection, FTC, Wyndham

See All Updates »

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

See All Updates »

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From…more

Colleges, Rape, SAFE Act, Sexual Assault, Title IX

See All Updates »

Virginia Supreme Court Holds that Individuals May Be Held Personally Liable for Wrongful Discharges

States are beginning to permit wrongful discharge claims against individuals, putting supervisors and managers at risk for personal liability. …more

See All Updates »

Kevin Hughes Appointed Chairman of the Maryland Public Service Commission

Governor Martin O'Malley appointed Commissioner W. Kevin Hughes as Chairman of the Maryland Public Service Commission following the announcement that current Chairman Douglas R.M. Nazarian was appointed to the Court of Special…more

Energy Policy, Political Appointments, Production Tax Credit, Wind Power

See All Updates »

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J. Barrick,…more

Bids, Commercial Leases, DOL, Non-Conforming Bids, Public Projects

See All Updates »

New Jersey Enacts “Ban the Box” Law Restricting New Jersey Employers from Inquiring into Criminal History of Job Applicants

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act which restricts New Jersey employers from seeking information regarding a job applicant’s criminal history. Under the Act, covered…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring…more

Data Protection, FTC, Wyndham

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HHS OIG agrees to not challenge certain per diem coverage charge payments to specialist providers providing services to non-profit hospital emergency departments

On October 30, 2012, the Office of Inspector General, Department of Health and Human Services ("OIG") posted an Advisory Opinion stating it would not challenge an arrangement in which a non-profit hospital pays per diem coverage…more

HHS, OIG

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Institutions of Higher Education and the Fair Credit Reporting Act: Third Circuit Holds Higher Education Amendments Offer No Safe Haven for Colleges and Universities from Suit or, Potentially, Punitive Damages

In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court…more

Credit Reporting Agencies, Educational Institutions, FCRA, Higher Education Act, Safe Haven Laws

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The Time Is Now: Are You Ready To Implement The Campus SaVE Act On Your Campus?

With the March 7 effective date of the Campus Sexual Violence Elimination Act looming and the first Annual Security Reports impacted by the Act due later this year, the time for institutions of higher education to focus on…more

Colleges, Rape, SAVE Act, Sexual Assault, Universities

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FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring…more

Data Protection, FTC, Wyndham

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Pennsylvania’s final insurance holding company regulations – what PA insurers need to know for intercompany agreements

Pennsylvania insurers should be prepared to comply now with significant new requirements for intercompany agreements – management agreements, service contracts, tax allocation agreements, guarantees and cost-sharing arrangements…more

Cost-Sharing, Insurance Holding Company

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New York Proposes ERM and ORSA Regulation

The New York Department of Financial Services (“DFS”) has proposed a new insurance regulation that details the requirements associated with adopting an enterprise risk management (“ERM”) function, conducting an annual Own Risk…more

Enterprise Risks, Risk Assessment, Risk Management

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New Jersey Amends Its Corporate Laws to Create a More Business-Friendly Climate

On April 1, 2013, Governor Chris Christie signed into law a three-bill package designed to make New Jersey businesses more competitive in the global marketplace, attract new businesses to New Jersey, and make New Jersey law…more

Amended Legislation, Business Development, Derivative Suit, Global Marketplace, Mergers

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Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court of…more

Bad Faith, Breach of Contract, Insurers

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White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 - Employee…more

False Claims Act, Healthcare, Healthcare Fraud, Hospice, Medicare

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Supreme Court Deals Affirmative Action Another Blow, But Impact on Colleges and Universities Likely Limited

The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to Defend…more

Affirmative Action, College Admissions, Colleges, Disparate Impact, Diversity

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Higher Education Highlights - Winter 2014

In This Issue: - Guidance from the U.S. Department of Education on the Implications of Windsor for Title IV Programs - New law lets students “lawyer up” in student conduct hearings - Service Employee International…more

Athletes, Colleges, Department of Education, NLRB, SEIU

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FDA Releases Draft Guidance To Help Determine Substantial Equivalence for a Device that Has Different Technological Characteristics Than the Predicate Device

In a new Draft Guidance entitled, Benefit-Risk Factors to Consider When Determining Substantial Equivalence in Premarket Notifications [510(k)] with Different Technological Characteristics, (the “Draft Guidance”) released on…more

Draft Guidance, FDA, Medical Devices, Notice Requirements, Premarket Approval Applications

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State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale

In Brief: - Significant jail time can result from overseeing and directing unauthorized robo-signing activities. - Victims of unauthorized robo-signing include residential mortgage servicers, in addition to…more

Attorney Generals, Investigations, Mortgages, Robo-Signing

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White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity -…more

False Claims Act, FDA, GSA, License Agreements, Licenses

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European Patent Office repeals 24-month deadline for filing divisional patent applications

In a move being cheered the world over by patent practitioners and patent applicants alike, the EPO has announced an amendment to EPO Rule 36, thereby signaling the end of the 24-month time limit imposed on the filing of…more

Deadlines, EPO, Filing Deadlines, Patent Applications, Patents

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White Collar Watch

In This Issue: - Federal court unseals rare False Claims Act complaint against home mortgage servicer - Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege…more

Banks, False Claims Act, Mortgages, Qui Tam, Whistleblowers

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Supreme Court decision will impact land-development projects nationwide

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential “nexus”…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Land Developers, Nexus

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Corporate Records Service Scam Active in Pennsylvania

Corporations and limited liability companies should be aware that correspondence they receive from a company named Corporate Records Service has been deemed a scam by the Pennsylvania Department of State as well as the…more

Scams

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White Collar Watch

In This Issue: - Federal court unseals rare False Claims Act complaint against home mortgage servicer - Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege…more

Banks, False Claims Act, Mortgages, Qui Tam, Whistleblowers

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US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of State-Issued Environmental Permits

In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C…more

Clean Water Act, EHB, FERC, Injunctions, Natural Gas

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New AAA Construction Rules Offer Certainty to Arbitration of Construction Disputes

The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes. The new rules, which took effect on June…more

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U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,…more

BFPP, CERCLA, Contamination, EPA, Tenants

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Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a…more

Arson, Bad Faith, Denial of Benefits, Oil & Gas, Property Damage

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Who pays when the authorities come calling? Syracuse Univ. v. National Union Fire Ins. Co. of Pittsburgh, P.A.

With the seemingly endless stream of federal and state investigations implicating institutions of higher education, a recent New York decision offers a glimmer of hope to those schools that find themselves in the cross-hairs. …more

Bernie Fine, Colleges, D&O Insurance, Liability Insurance, Sexual Abuse

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OSHA proposes heightened standards for Crystalline Silica exposure – Opportunity to comment ends January 27

In an attempt to strengthen its Crystalline Silica exposure rule, on September 12, 2013, OSHA proposed significant changes that could result in higher compliance costs and may require additional risk management strategies for…more

Construction Workers, Environmental Policies, Fracking, Manufacturing Employers, OSHA

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Consider Filing U.S. Patent Applications Before March 16

MARCH 16, 2013 is the effective date for major changes made to the U.S. Patent Act by the America Invents Act (“AIA”). These changes should motivate inventors to consider filing their patent applications before the changes take…more

America Invents Act, First-to-File, Patent Cooperation Treaty, Patent Reform, Patents

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The Employer’s Playbook for ACA Compliance: October 1, 2013 Deadline to Provide Health Insurance Marketplace Notice

Under the Affordable Care Act (ACA), individuals and small businesses will be able to purchase health insurance coverage online through the new health insurance coverage exchanges (now known as “Marketplaces”)…more

Affordable Care Act, Compliance, Deadlines, Employer Mandates, Health Insurance Exchanges

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Right-to-Know Law Litigants in Pennsylvania Are Now Free to Introduce New Evidence and Arguments During Appeals and After OOR Final Determinations

The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”) are…more

Appeals, Evidence, Public Records, Right To Know, Standard of Review

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Ninth Circuit limits Medical Device Amendment preemption of post-PMA tort claims

Medical Device Companies should be aware of a recent en banc ruling by the Court of Appeals for the Ninth Circuit that has the potential to increase litigation involving class III medical devices…more

FDCA, Fraud-on-the-FDA, Manufacturers, Medical Devices, Preemption

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Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

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ERISA self-insured health plan not required to cover same sex spouses

In Roe v. Empire Blue Cross Blue Shield, No. 12–cv–04788 (NSR), 58 EBC 1077, 2014 WL 1760343 (S.D. N.Y. May 1, 2014), the United States District Court for the Southern District of New York held a self-insured health plan that…more

Blue Cross, ERISA, Insurers, Retirement Plan, Same-Sex Marriage

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Avoiding “Responsible Person” Liability For Payroll and Sales Taxes

One benefit of conducting business through a corporation, limited liability company or other limited liability entity is the “shield” from personal liability that these entities generally afford stockholders, directors and…more

CEOs, CFOs, IRS, LLC, Payroll Taxes

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Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into the…more

Colleges, Hazing, Liability, Students, Universities

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US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of State-Issued Environmental Permits

In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C…more

Clean Water Act, EHB, FERC, Injunctions, Natural Gas

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First Post-AIA PTAB Ruling Opens Doors to More Patent Challenges

On Tuesday, June 11, 2013, the Patent Trial and Appeal Board (PTAB; or “the Board”) of the United States Patent and Trademark Office (USPTO) issued its first decision in a post-grant review proceeding. The PTAB ruled that a…more

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Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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Common Issues Related to the Sale of Gifted Stock

One of the more challenging aspects of managing a development office at a college or university is managing the sale of a gift of company stock. While there is no set criteria for determining when to accept such a gift, or for…more

Corporate Gifts, SEC, Stocks

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Areas of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Delaware
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys

100+ Attorneys

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