Saul Ewing LLP

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under Common Law

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to…more

Bad Faith, Commercial General Liability Policies, Common Law Claims, Construction Defects, Intervenors

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Legislation Proposed In New Jersey to Alert Patients to Out-of-Network Costs

On May 14, 2015, four New Jersey legislators introduced the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the "Legislation"). If enacted, the Legislation would increase health care…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Facilities, New Legislation

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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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Legislation Proposed In New Jersey to Alert Patients to Out-of-Network Costs

On May 14, 2015, four New Jersey legislators introduced the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the "Legislation"). If enacted, the Legislation would increase health care…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Facilities, New Legislation

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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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Change in permitting process for companies conducting hydrostatic testing in Pennsylvania

Pennsylvania’s general permit for discharges from hydrostatic testing of tanks and pipelines expired on December 20, 2014. Companies who have not previously obtained a general permit and are planning to conduct hydrostatic…more

Oil & Gas, Permits, Pipelines, Storage Tanks

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New Jersey Superior Court Appellate Division rules that physicians’ damages for breach of contract with hospital are limited to notice of termination period in employment contract

The New Jersey Superior Court Appellate Division recently ruled that the damages a physician-independent contractor can recover are limited to those sustained during a notice period in the physician’s contract. The decision…more

Appeals, Breach of Contract, Contract Disputes, Hospitals, Physicians

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Top Ten Construction Clauses - The Differing Site Conditions Clause

This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the…more

AIA Construction Forms, Construction Industry, Contract Terms, Contractors, General Contractors

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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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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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

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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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Unanimous Pennsylvania Commonwealth Court rules that the Supreme Court’s interpretation of Environmental Rights Amendment in landmark Robinson Township decision is nonbinding

The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The court…more

Energy Projects, Environmental Policies, Oil & Gas, Renewable Energy, Utilities Sector

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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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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White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends…more

Dodd-Frank, First-to-File, IRS, SCOTUS, Tolling

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White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower verdict…more

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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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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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D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the…more

Minimum Wage, Safe Leave, Wage and Hour, Wage Theft Prevention Act

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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

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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

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Court Enjoins Outpatient Primary Care Physician’s New Employment as a Hospitalist

A Pennsylvania appellate court recently granted an employer’s request for enforcement of a restrictive covenant against a hospitalist, finding that his departure from the primary care office setting did not affect the terms of…more

Appeals, Employment Contract, Healthcare, Injunctions, Non-Compete Agreements

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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

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President Obama Announces New Legislative Proposal Focused on Improving the Nation’s Cybersecurity

In response to the recent wave of high-profile data breaches, President Obama has revealed proposed legislation aimed at improving the nation’s cybersecurity by increasing certain privacy protections, streamlining the regulatory…more

Barack Obama, CFAA, Consumer Privacy Bill of Rights, Cybersecurity, Federal Breach Notification Standard

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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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 FATCA requirements apply to U.S. and non-U.S. insurers and insurance brokers on January 1, 2015

New FATCA requirements that apply to U.S. and non-U.S. insurance brokers and insurance companies will take effect on January 1, 2015. Those requirements impose new information gathering and reporting rules when U.S. insurance…more

FATCA, FFI, Insurance Brokers, Insurers, Popular

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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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Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury - Middle…more

Appeals, Bad Faith, Claim Procedures, First-Party Coverage, Insurance Industry

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White Collar Watch - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead to…more

Affirmative Defenses, Affordable Care Act, Attorney-Client Privilege, Coupons, False Claims Act

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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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NAIC Adopts Corporate Governance Annual Disclosure Models – What All Insurers Need To Know

Insurers should be preparing now to comply with a significant new annual filing requirement on corporate governance. Understanding the type and scope of information that must be filed is critical to preparing for this new…more

Annual Filings, Corporate Governance, Filing Requirements, Insurers, NAIC

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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 »

President Obama Announces New Legislative Proposal Focused on Improving the Nation’s Cybersecurity

In response to the recent wave of high-profile data breaches, President Obama has revealed proposed legislation aimed at improving the nation’s cybersecurity by increasing certain privacy protections, streamlining the regulatory…more

Barack Obama, CFAA, Consumer Privacy Bill of Rights, Cybersecurity, Federal Breach Notification Standard

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White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends…more

Dodd-Frank, First-to-File, IRS, SCOTUS, Tolling

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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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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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EPA Proposes Requirements to Reduce Discharges of Mercury from Dental Offices

On September 25, 2014, the U.S. Environmental Protection Agency (EPA) proposed new requirements aimed at decreasing discharges of dental amalgam (which contains mercury and other metals) into our public water. At this time, some…more

EPA, Healthcare, Mercury, New Regulations, Wastewater

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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

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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

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Middle District of Pennsylvania: No Bad Faith Where Insurer’s Brief Inspection Yielded Reasonable Basis to Deny Claim

Boulware v. Liberty Ins. Corp., No. 3:13-CV-1541, 2015 WL 1219283 (M.D. Pa. Mar. 17, 2015). After a portion of the insured’s deck collapsed, the insurer denied coverage based on a brief inspection without hiring an engineer…more

Bad Faith, Breach of Contract, Claim Denial Letters, Construction Defects, Dismissals

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Primary Steps New Jersey Municipalities Must Take to Sell or Lease Public Water or Wastewater Systems to Regulated Utilities Under Controversial Bill Signed by Governor Christie

On February 5, 2015, New Jersey Governor Chris Christie signed into law the Water Infrastructure Protection Act to authorize municipalities to transfer water and wastewater assets to regulated utilities by sale or long-term…more

Chris Christie, Drinking Water, Municipalities, Utilities Sector, Wastewater

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Owners of Tax-Exempt Property in Philadelphia Must Provide Proof of Right to Continued Tax-Exempt Status

The Philadelphia Office of Property Assessment (OPA) has sent letters to all charitable organizations in the city that own property shown as tax-exempt, in whole or in part, in the OPA’s records. Attached to the letter is a form…more

Charitable Organizations, Filing Requirements, Property Owners, Property Tax, Tax Exemptions

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Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791), proposes…more

America Invents Act, Disclosure Requirements, Grace Period, Patent Term Adjustment, Patents

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Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791), proposes…more

America Invents Act, Disclosure Requirements, Grace Period, Patent Term Adjustment, Patents

See All Updates »

EPA Proposes Requirements to Reduce Discharges of Mercury from Dental Offices

On September 25, 2014, the U.S. Environmental Protection Agency (EPA) proposed new requirements aimed at decreasing discharges of dental amalgam (which contains mercury and other metals) into our public water. At this time, some…more

EPA, Healthcare, Mercury, New Regulations, Wastewater

See All Updates »

D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the…more

Minimum Wage, Safe Leave, Wage and Hour, Wage Theft Prevention Act

See All Updates »

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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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 »

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower verdict…more

See All Updates »

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

See All Updates »

Extremely Low Interest Rates: Your Estate Planning Opportunity is NOW

Janet Yellen this…. Janet Yellen that – good for business, bad for savers. In March 2015, the rates the IRS requires be used for estate planning are as low as ever. There are three estate planning opportunities that thrive on…more

Charitable Lead Annuity Trust, Grantor Retained Annuity Trust, Interest Rates, Intra-Family Loans, IRS

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Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury - Middle…more

Appeals, Bad Faith, Claim Procedures, First-Party Coverage, Insurance Industry

See All Updates »

Philadelphia Adopts Controversial Law Regarding Paid Sick Leave

On February 12, 2015, Philadelphia Mayor Michael Nutter signed a bill requiring employers with ten (10) or more employees in Philadelphia to begin providing employees with paid sick leave later this year. The Promoting Healthy…more

Paid Leave, Sick Leave

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White Collar Watch - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead to…more

Affirmative Defenses, Affordable Care Act, Attorney-Client Privilege, Coupons, False Claims Act

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En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015). Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former…more

Bad Faith, Coca Cola, Denial of Benefits, Preexisting Conditions, Summary Judgment

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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 »

Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791), proposes…more

America Invents Act, Disclosure Requirements, Grace Period, Patent Term Adjustment, Patents

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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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In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly waive their right to seek relief in a court

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said…more

Arbitration Agreements, Jury Waivers, Mandatory Arbitration Clauses, Service Contracts

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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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Ninth Circuit Affirms Divestiture Order in St. Luke’s/Saltzer Medical Group Acquisition

In an opinion issued February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a year-old decision by the Idaho District Court which held that St. Luke’s Health System’s acquisition of the Saltzer Medical Group…more

Antitrust Litigation, Appeals, Divestiture, FTC, Healthcare

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Philadelphia Adopts Controversial Law Regarding Paid Sick Leave

On February 12, 2015, Philadelphia Mayor Michael Nutter signed a bill requiring employers with ten (10) or more employees in Philadelphia to begin providing employees with paid sick leave later this year. The Promoting Healthy…more

Paid Leave, Sick Leave

See All Updates »

Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury - Middle…more

Appeals, Bad Faith, Claim Procedures, First-Party Coverage, Insurance Industry

See All Updates »

White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends…more

Dodd-Frank, First-to-File, IRS, SCOTUS, Tolling

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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

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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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Top Ten Construction Clauses - The Differing Site Conditions Clause

This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the…more

AIA Construction Forms, Construction Industry, Contract Terms, Contractors, General Contractors

See All Updates »

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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In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly waive their right to seek relief in a court

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said…more

Arbitration Agreements, Jury Waivers, Mandatory Arbitration Clauses, Service Contracts

See All Updates »

NAIC Adopts Corporate Governance Annual Disclosure Models – What All Insurers Need To Know

Insurers should be preparing now to comply with a significant new annual filing requirement on corporate governance. Understanding the type and scope of information that must be filed is critical to preparing for this new…more

Annual Filings, Corporate Governance, Filing Requirements, Insurers, NAIC

See All Updates »

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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New FATCA requirements apply to U.S. and non-U.S. insurers and insurance brokers on January 1, 2015

New FATCA requirements that apply to U.S. and non-U.S. insurance brokers and insurance companies will take effect on January 1, 2015. Those requirements impose new information gathering and reporting rules when U.S. insurance…more

FATCA, FFI, Insurance Brokers, Insurers, Popular

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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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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 - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead to…more

Affirmative Defenses, Affordable Care Act, Attorney-Client Privilege, Coupons, False Claims Act

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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 - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead to…more

Affirmative Defenses, Affordable Care Act, Attorney-Client Privilege, Coupons, False Claims Act

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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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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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Owners of Tax-Exempt Property in Philadelphia Must Provide Proof of Right to Continued Tax-Exempt Status

The Philadelphia Office of Property Assessment (OPA) has sent letters to all charitable organizations in the city that own property shown as tax-exempt, in whole or in part, in the OPA’s records. Attached to the letter is a form…more

Charitable Organizations, Filing Requirements, Property Owners, Property Tax, Tax Exemptions

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New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for Remediation Costs

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated…more

Contaminated Properties, Environmental Remediation Costs, Oil & Gas, Remediation, Spill Act

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Middle District of Pennsylvania: Possibility of Bad Faith Exists Despite Payment of Claim Where Insured Alleges Untimely Claims Handling

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015). Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material issues…more

Bad Faith, Breach of Contract, Genuine Issue of Material Fact, Summary Judgment, Uninsured and Under-Insured Motorists

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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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Supreme Court rules employees not entitled to pay for time spent in security screenings

The U.S. Supreme Court recently found that warehouse employees were not entitled to compensation under the Fair Labor Standards Act for time spent waiting to pass through anti-theft security screenings after their shifts ended…more

Amazon, FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks

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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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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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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Affordable Care Act in Mergers and Acquisitions: New Guidance from Internal Revenue Service

In Notice 2014-49, the Internal Revenue Service (“Service”) issued guidance on how to avoid potential penalties under the Affordable Care Act (“ACA”) in connection with mergers and acquisitions (“M&A”). The notice provides a…more

Acquisitions, Affordable Care Act, Corporate Counsel, Healthcare, Hospital Mergers

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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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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more

Arbitration, Attorney's Fees, Competitive Bidding, Construction Contracts, Construction Industry

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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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Contact

Centre Square West 1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States

  • (215) 972-7777
  • (215) 972-7725

Areas of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
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  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
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Locations
Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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