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Attorney	Latest Publications
Bruce D. Armon	White Collar Watch - April 2013 In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:…more CMS, Continuing Medical Education, Financial Conduct Authority, Fraud, GPOs	See All Updates »
George Asimos	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	See All Updates »
Michael Barnes	SEC Charges Municipal Bond Issuer with Securities Fraud for Misleading Statements on Issuer’s Website For the first time, the Securities and Exchange Commission has charged a municipality with securities fraud for misleading statements made outside of the municipality's securities disclosure documents…more Disclosure Requirements, Municipal Bonds, Municipalities, SEC, Securities Fraud	See All Updates »
Jennifer Beidel	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	See All Updates »
M. Paige Berry	New Jersey Department of Banking and Insurance Clarifies Restrictions on the Payment of Commissions, Rebates and Other Inducements by Title Producers The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on…more Broker Commissions, Brokers, Compliance, Department of Banking and Insurance, Inducements	See All Updates »
George Bodenger	American Taxpayer Relief Act of 2012 – Health Care Highlights "Fiscal cliff" deal fails to provide permanent solution to flaw in Medicare physician reimbursement formula; merely postpones inevitable battles over health care spending between Congress and the White House…more American Taxpayer Relief Act, Fiscal Cliff, Medicare, Physician Medicare Reimbursements	See All Updates »
Braden A. Borger	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Gregory M. Boucher	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Dan S. Brandenburg	Employment Contracts and Severance Agreements Should be Reviewed and May Need to be Amended by December 31 to Comply with Section 409A Severance agreements and employment contracts with release of claims provisions may violate 409A of the Internal Revenue Code. Bad release provisions may be fixed, penalty-free, before December 31, 2012. Most severance…more Compliance, Deferred Compensation, Employee Benefits, Employment Contract, IRS	See All Updates »
Andrea P. Brockway	White Collar Watch - April 2013 In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:…more CMS, Continuing Medical Education, Financial Conduct Authority, Fraud, GPOs	See All Updates »
Joel Burcat	Butler v. Charles Powers Estate: Owners of Marcellus Shale Gas May Now Rest Easily The Dunham Rule is alive and well in Pennsylvania and thousands of titles to Marcellus shale gas will not be impacted by any change in the law. Pennsylvania’s peculiar rule of property law—that says that oil and gas are not…more Dunham Rule, Marcellus Shale, Minerals, Oil & Gas	See All Updates »
Joey Tsu-Yi Chen	CFPB issues final rules on incentives and mandatory arbitration The CFPB issued final rules reducing the financial incentives for loan officers and brokers in "risky and high-cost" consumer loans and toughening qualification standards for loan originators…more Arbitration Agreements, CFPB, Higher-Priced Mortgage Loans, Incentives, Loans	See All Updates »
Harriet Cooperman	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	See All Updates »
Brett S. Covington	The D.C. Circuit Expands the Scope of Honest-Services Fraud and Illegal-Gratuities Prosecutions in Ring v. United States The U.S. Court of Appeals for the D.C. Circuit in United States v. Ring recently upheld a conviction under the public sector “honest-services” fraud statute and the “illegal-gratuities” statute. Notably, the court: (1) expanded…more Compliance, DOJ, Honest Services Fraud, Illegal Gratuities, Jack Abramoff	See All Updates »
Dawn Crowder	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 »
J. Joseph Curran, III	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 »
Ryan L. DiClemente	Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern District…more Background Checks, Class Action, Employer Liability Issues, FCRA, Hiring & Firing	See All Updates »
Anne DiSalvo	Employers Must Prepare for the New Form I-9 U.S. Citizenship and Immigration Services ("USCIS") has published a revised Employment Eligibility Verification Form I-9, which employers may immediately start using. Beginning on May 7, 2013, employers must use the new form…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
F. William DuBois	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	See All Updates »
Carolyn Due	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Robert Duston	DOJ ADA Settlement Involving Hepatitis B Sends Critical Message to Higher Ed and Medical Providers The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety of…more ADA, Applications, DOJ, Healthcare Professionals, Hepatitis B	See All Updates »
Justin Ettelson	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	See All Updates »
Michael Finio	Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of…more OSHA, Protected Activity, Publicly-Traded Companies, Retaliation, Sarbanes-Oxley	See All Updates »
Constance Foster	Corporate Governance Insights - Issue 1 We were delighted to hear from many of you that our recent statewide series of Insurance Company Corporate Governance Workshops with Pennsylvania Deputy Commissioner Stephen Johnson offered valuable information for directors and…more Board of Directors, Business Conduct Standards, Compliance, Fiduciary Duty, NAIC	See All Updates »
Evan J. Foster	OIG Provides Direction and CMS Seeks Direction Relating to Electronic Activities in the Health Care Delivery System The OIG recently posted an Advisory Opinion which concluded that a hospital's proposal to provide free access to an electronic interface between the hospital and area physicians for laboratory and diagnostic services was not…more Anti-Kickback Statute, CMS, Electronic Medical Records, Electronics, Hospitals	See All Updates »
Nicholas Fox	Public Works Employment Verification Act Impacts Certain Projects Awarded by State and Local Governments in 2013 Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works…more Contractors, E-Verify, Local Governance, Public Projects, Public Schools	See All Updates »
Richard Frazier	IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses on…more Business Income, Colleges, Employment Tax, Executive Compensation, Exempt Organizations	See All Updates »
Frederic M. Garsson	New York Insurance Holding Company Regulation Amendments to take effect on June 23, 2013 The New York Department of Financial Services has adopted amendments to its insurance holding company regulation, which are intended to (i) harmonize the regulation to the NAIC’s Model Insurance Holding Company System Regulatory…more Accreditation, Insurance Holding Company, Insurers, NAIC, Proposed Amendments	See All Updates »
James Gkonos	Corporate Governance Insights - Issue 1 We were delighted to hear from many of you that our recent statewide series of Insurance Company Corporate Governance Workshops with Pennsylvania Deputy Commissioner Stephen Johnson offered valuable information for directors and…more Board of Directors, Business Conduct Standards, Compliance, Fiduciary Duty, NAIC	See All Updates »
Jeffrey Glaser	Fiscal cliff avoided — what it means for you While most of us were celebrating the new year, members of the U.S. House and Senate were trying to prevent a fall over the dreaded "fiscal cliff," the combination of automatic tax increases and automatic reductions in federal…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Charitable Donations, Dividends	See All Updates »
Matthew M. Haar	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Christopher R. Hall	Casting a Smaller Net: Seventh Circuit Requires "Net Trebling" Under FCA – Potentially Impacting Settlement Dynamics for all Industries Subject to Government Enforcement The Seventh Circuit recently ruled that under the False Claims Act (“FCA”) treble damages should be calculated by the net amount of loss suffered by the government (after appropriate setoffs or credits are deducted) rather than…more False Claims Act, Misrepresentation, Mortgages, Net Trebling, Settlement	See All Updates »
Wendell Holland	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 »
Joel Hopkins	Corporate Governance Insights - Issue 1 We were delighted to hear from many of you that our recent statewide series of Insurance Company Corporate Governance Workshops with Pennsylvania Deputy Commissioner Stephen Johnson offered valuable information for directors and…more Board of Directors, Business Conduct Standards, Compliance, Fiduciary Duty, NAIC	See All Updates »
Patrick Hromisin	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	See All Updates »
Melissa Hunter-Ensor, Ph.D.	U.S. Supreme Court Qualifies Patent Exhaustion On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously held…more Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion	See All Updates »
Adam Isenberg	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	See All Updates »
Joanne G. Jacobson	Employment Contracts and Severance Agreements Should be Reviewed and May Need to be Amended by December 31 to Comply with Section 409A Severance agreements and employment contracts with release of claims provisions may violate 409A of the Internal Revenue Code. Bad release provisions may be fixed, penalty-free, before December 31, 2012. Most severance…more Compliance, Deferred Compensation, Employee Benefits, Employment Contract, IRS	See All Updates »
Paul Kasicky	Federal court imposes personal liability for multiemployer pension plan liabilities A recent case highlights the risk of personal liability for multiemployer and other defined benefit pension plan liabilities. Owners of closely held corporations that contribute to multiemployer or single employer defined…more Defined Benefit Plans, ERISA, Multiemployer Plan, Pensions, Personal Liability	See All Updates »
Laura Katz	Corporate Governance Insights - Issue 1 We were delighted to hear from many of you that our recent statewide series of Insurance Company Corporate Governance Workshops with Pennsylvania Deputy Commissioner Stephen Johnson offered valuable information for directors and…more Board of Directors, Business Conduct Standards, Compliance, Fiduciary Duty, NAIC	See All Updates »
James Keller	Higher Education Highlights - Spring 2013 In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware and…more 403(b) Plans, Approval, Colleges, Discrimination, Insurance Risk Pool	See All Updates »
Amy S. Kline	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Brian Kowalski	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	See All Updates »
Mark Kropilak	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 »
Sarah F. Lacey	White Collar Watch - November 2012 In This issue: - DOJ and SEC Issue Long-Awaited Guidance on the FCPA - Recent Sentencings of Executives Serve as Reminder of Risks of Responsible Corporate Officer Prosecutions; Risks Grow for Medical Device…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Peter Lauro	U.S. Supreme Court Qualifies Patent Exhaustion On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously held…more Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion	See All Updates »
Edward Levin	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	See All Updates »
Keith Lorenze	Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of…more OSHA, Protected Activity, Publicly-Traded Companies, Retaliation, Sarbanes-Oxley	See All Updates »
Robert Louis	Fiscal cliff avoided — what it means for you While most of us were celebrating the new year, members of the U.S. House and Senate were trying to prevent a fall over the dreaded "fiscal cliff," the combination of automatic tax increases and automatic reductions in federal…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Charitable Donations, Dividends	See All Updates »
Randall M. Lutz	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 Officials, Directors, Environmental Crimes, Officers, White Collar Crimes	See All Updates »
George Magnatta	SEC Charges Municipal Bond Issuer with Securities Fraud for Misleading Statements on Issuer’s Website For the first time, the Securities and Exchange Commission has charged a municipality with securities fraud for misleading statements made outside of the municipality's securities disclosure documents…more Disclosure Requirements, Municipal Bonds, Municipalities, SEC, Securities Fraud	See All Updates »
William Manning	Higher Education Highlights - Spring 2013 In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware and…more 403(b) Plans, Approval, Colleges, Discrimination, Insurance Risk Pool	See All Updates »
Kimberly Manuelides	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	See All Updates »
Joseph C. Monahan	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Elizabeth Mullen	IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses on…more Business Income, Colleges, Employment Tax, Executive Compensation, Exempt Organizations	See All Updates »
Robert Nagle	Proposed Class Action Lawsuit Underscores Legal Risks to Employers Using Background Checks A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern District…more Background Checks, Class Action, Employer Liability Issues, FCRA, Hiring & Firing	See All Updates »
Nicholas J. Nastasi	White Collar Watch - April 2013 In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:…more CMS, Continuing Medical Education, Financial Conduct Authority, Fraud, GPOs	See All Updates »
Patrick Nugent	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Sean T. O'Neill	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Joshua Pasker	Marcellus Shale Impact Fee to Support Certain Projects for Governmental Entities, Councils of Government, Not-For-Profit Entities, For-Profit Businesses and Institutions of Higher Education The Commonwealth Financing Authority has begun accepting applications for five programs established by the Act 13 Marcellus Legacy Fund to support conservation projects and environmental protection measures. On February…more Fracking, Impact Fees, Marcellus Shale, Mining, Watershed	See All Updates »
Dipesh Patel	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	See All Updates »
Scott Patterson	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	See All Updates »
Caitlin M. Piccarello	Reinsurance Redux - December 2012 In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a…more Arbitration, Arbitration Agreements, AT&T Mobility, Class Action, Federal Arbitration Act	See All Updates »
Amy L. Piccola	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Christine Pickel	Higher Education Highlights - Spring 2013 In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware and…more 403(b) Plans, Approval, Colleges, Discrimination, Insurance Risk Pool	See All Updates »
Henry A. Platt	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 »
Jessica M. Raba	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 »
George Rahn, Jr.	Federal Sequester Likely to Affect Construction Industry Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects. …more Sequestration, Spending Cuts	See All Updates »
Ruth A. Rauls	Bill introduced in New Jersey Legislature would invalidate restrictive covenants for individuals collecting unemployment benefits Currently pending in the New Jersey State Legislature is a bill that, if passed, would invalidate any covenant, contract or agreement not to compete, not to disclose or not to solicit, entered into by any individual with the…more Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Proposed Legislation, Restrictive Covenants	See All Updates »
Donald Rea	Federal Sequester Likely to Affect Construction Industry Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects. …more Sequestration, Spending Cuts	See All Updates »
John B. Reiss	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	See All Updates »
Francis X. Riley, III	Homeowners May Fight Foreclosures by Alleging That Lenders Acted in Bad Faith Concerning Loan Modification Programs In two recent decisions, the Superior Court of New Jersey, Chancery Division, Bergen County, held that homeowners may defend against foreclosure actions by asserting that lenders acted in bad faith with respect to post-notice of…more Bad Faith, Foreclosure, Lenders, Loan Modifications, Mortgages	See All Updates »
Frances Roggenbaum	Corporate Governance Insights - Issue 1 We were delighted to hear from many of you that our recent statewide series of Insurance Company Corporate Governance Workshops with Pennsylvania Deputy Commissioner Stephen Johnson offered valuable information for directors and…more Board of Directors, Business Conduct Standards, Compliance, Fiduciary Duty, NAIC	See All Updates »
Edward Roslak	New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at…more Hurricane Sandy, Insurers, Mediation	See All Updates »
Michael Rowan	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	See All Updates »
Thomas S. Schaufelberger	Bad Faith Sentinel - April 2013 In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court Rules…more Additional Insured, Attorney-Client Privilege, Bad Faith, Discovery, Document Requests	See All Updates »
Courtney L. Schultz	Doing Time: A Requirement for White Collar Crime? A recent decision from the Eleventh Circuit indicates that deterring future white collar crime is a substantial factor in shaping appellate court rulings relating to appropriate sentences for fraud, particularly when a defendant…more Abuse of Discretion, Federal Sentencing Guidelines, Fraud, Sentencing, Venue	See All Updates »
Gregory G. Schwab	Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013)…more Commercial Speech, FDCA, InterMune, Labeling, Marketing	See All Updates »
Brian Simons	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Matthew Smith	Reinsurance Redux - April 2013 In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of Illinois…more Arbitration, Arbitration Agreements, Assignments, Late Notices, Reinsurance	See All Updates »
Nicholas C. Stewart	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	See All Updates »
John Stoviak	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	See All Updates »
Cristina Stummer	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	See All Updates »
James Taylor, Jr.	Higher Education Highlights - Spring 2013 In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware and…more 403(b) Plans, Approval, Colleges, Discrimination, Insurance Risk Pool	See All Updates »
Doreen Trujillo	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 Treaties, Patents, Prior Art	See All Updates »
William Warren, Jr.	Public Works Employment Verification Act Impacts Certain Projects Awarded by State and Local Governments in 2013 Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works…more Contractors, E-Verify, Local Governance, Public Projects, Public Schools	See All Updates »
Gregory Wartman	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	See All Updates »
Kevin Wiggins	Court Of Federal Claims Upholds 409A "Gotcha" If your company has been cavalier about Internal Revenue Code Section 409A, you should reconsider. In a recent opinion by the United States Court of Federal Claims, the IRS scored the first points – more than $5 million of them…more Deferred Compensation, IRS, Purchase Price, Section 409A, Stock Options	See All Updates »
Chad Williams III	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	See All Updates »
Elizabeth Witmer	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	See All Updates »
Doreen Zankowski	Beware of Payments to Contractors and Subcontractors under Assignment Agreements In a decision under the Uniform Commercial Code (“UCC”) that could apply in any state, the Massachusetts Supreme Judicial Court (“Court”) ruled this month that when a general contractor agrees to an assignment of payments to a…more Assignments, Contractors, Subcontractors	See All Updates »
Craig Zappetti	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	See All Updates »

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