Saul Ewing LLP

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Matthew Antonelli

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

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Bruce D. Armon

CMS Releases 2012 Physician Medicare Data: Five Takeaways

On April 9, 2014, the Centers for Medicare and Medicaid Services (“CMS”) released the Medicare Provider Utilization and Payment Data: Physician and Other Supplier Public Use File (the “Data File”). The Data File contains…more

American Medical Association, CMS, Disclosure, Fee Disclosure, Fee-for-Service

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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

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Michael Barnes

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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Karilynn Bayus

New Resource Available to Providers for HIPAA Security Rule Compliance

On March 28, 2014, the U.S. Department of Health and Human Services (“HHS”) announced the release of a security risk assessment (“SRA”) tool to assist small- to mid-sized providers in conducting risk assessments of their…more

Data Protection, HHS, HIPAA, PHI

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Jennifer Beidel

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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M. Paige Berry

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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Andrew Bockis

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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George Bodenger

CMS Releases 2012 Physician Medicare Data: Five Takeaways

On April 9, 2014, the Centers for Medicare and Medicaid Services (“CMS”) released the Medicare Provider Utilization and Payment Data: Physician and Other Supplier Public Use File (the “Data File”). The Data File contains…more

American Medical Association, CMS, Disclosure, Fee Disclosure, Fee-for-Service

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Braden A. Borger

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 »

Gregory M. Boucher

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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Dan S. Brandenburg

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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Andrea P. Brockway

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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Ross Bruch

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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Joel Burcat

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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Joey Tsu-Yi Chen

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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Sarah Lockwood Church

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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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

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Brett S. Covington

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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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

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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

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Marisa de Feo

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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Jennifer DeRose

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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Ryan L. DiClemente

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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Anne DiSalvo

New Maryland Law Requiring Accommodations for Pregnant Employees Becomes Effective October 1, 2013

Beginning October 1, 2013, Maryland employers with 15 or more employees must comply with the recently enacted Reasonable Accommodations for Disabilities Due to Pregnancy Act, which requires that Maryland employers provide…more

Disability Discrimination, Discrimination, New Legislation, Pregnancy Discrimination, Reasonable Accommodation

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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

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Carolyn Due

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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Robert Duston

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

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John Englert

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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Justin Ettelson

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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Michael Finio

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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Sherry Flax

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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Constance Foster

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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Evan J. Foster

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

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

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Nicholas Fox

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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Richard Frazier

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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Ryan Gager

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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Frederic M. Garsson

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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James Gkonos

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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Jeffrey Glaser

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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Christopher Gunderson

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

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Matthew M. Haar

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

See All Updates »

Christopher R. Hall

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 »

Jeffrey Hampton

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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Jeremy Heinnickel

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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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

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Joel Hopkins

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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Patrick Hromisin

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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Melissa Hunter-Ensor, Ph.D.

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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Adam Isenberg

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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Joanne G. Jacobson

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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Paul Kasicky

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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Laura Katz

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 »

James Keller

Higher Education Highlights - Summer 2013

Contents: - Clery Act Amendments May Impact Title IX Best Practices - Student Speech and Liability in MOOCs – a Brave New World - Assistance and Emotional Support Animals Are Just the Tip of the Iceberg:…more

Assistive Animals, Clery Act, Colleges, DOJ, FHA

See All Updates »

Ericson Kimbel

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 »

Amy S. Kline

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 »

Aaron Kornblith

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

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

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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

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Stanley Kull

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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Sarah F. Lacey

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

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Brian Landry

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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Joni Landy

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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Peter Lauro

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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Edward Levin

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

See All Updates »

Keith Lorenze

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

See All Updates »

Robert Louis

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

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Timothy Lyon

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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George Magnatta

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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William Manning

Higher Education Highlights - Summer 2013

Contents: - Clery Act Amendments May Impact Title IX Best Practices - Student Speech and Liability in MOOCs – a Brave New World - Assistance and Emotional Support Animals Are Just the Tip of the Iceberg:…more

Assistive Animals, Clery Act, Colleges, DOJ, FHA

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

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Brittany McCabe

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 »

Joseph C. Monahan

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

See All Updates »

Elizabeth Mullen

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 »

Robert Nagle

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 »

Nicholas J. Nastasi

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 »

Patrick Nugent

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

See All Updates »

Sean T. O'Neill

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 »

Joshua Pasker

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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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

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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

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Caitlin M. Piccarello

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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Amy L. Piccola

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To…more

Bad Faith, Request For Information, Summary Judgment

See All Updates »

Christine Pickel

Senate approves new protection for criminal antitrust whistleblowers

This month, the U.S. Senate unanimously approved proposed legislation which would protect whistleblowers who alert authorities or their employers to suspected criminal antitrust activity (referred to as the Criminal Antitrust…more

ACERPA, Anti-Retaliation Provisions, GAO, Proposed Legislation, Remedies

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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

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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

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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

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Ruth A. Rauls

New Jersey Enacts Law Banning Pregnancy Bias in the Workplace

In January 2014, New Jersey continued its recent trend of legislative actions addressing women’s health and safety issues by enacting New Jersey’s Pregnant Workers Fairness Act (“Pregnancy Act”). This act expressly bans…more

Discrimination, Employee Rights, Pregnancy, Pregnancy Discrimination

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Donald Rea

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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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

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Joshua Richards

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 report, Credit Reporting Agencies, Educational Institutions, FCRA, Higher Education Act

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Christina Riggs

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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Francis X. Riley, III

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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Frances Roggenbaum

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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Edward Roslak

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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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

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Thomas S. Schaufelberger

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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Courtney L. Schultz

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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Gregory G. Schwab

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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Ira Shepard

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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Deborah Shuff

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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Mark Simanowith

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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Brian Simons

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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Mark Simpson

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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Matthew Smith

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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John Snyder

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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Deborah Spranger

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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Nicholas C. Stewart

The true cost of fines: Bills would address tax break for corporate fines

In Brief - Both the U.S. House and Senate are floating proposals to close a loophole that allows tax deductions when there is a question of whether a fine is punitive. - Debate centers on whether the deduction…more

Corporate Taxes, Fines, JPMorgan Chase, Mortgage-Backed Securities, Tax Exemptions

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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

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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

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Meghan Talbot

District of Colorado: Insurer Entitled To Summary Judgment on Bad Faith Claim Where Insured Repeatedly Failed To Provide Requested Information Necessary To Resolve Claim

Keeney v. Auto-Owners Ins. Co., No. 13-CV-00796-RPM, 2014 WL 622509 (D. Colo. Feb. 18, 2014) - District Court in Colorado grants defendant Insurer’s Motion for Summary Judgment where Insured’s failure to provide requested…more

Bad Faith, Denial of Benefits, Request For Information, Summary Judgment

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James Taylor, Jr.

Higher Education Highlights - Summer 2013

Contents: - Clery Act Amendments May Impact Title IX Best Practices - Student Speech and Liability in MOOCs – a Brave New World - Assistance and Emotional Support Animals Are Just the Tip of the Iceberg:…more

Assistive Animals, Clery Act, Colleges, DOJ, FHA

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Carrie Tongarm

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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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 Treaty, Patent Reform, Patents

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Catherine Walters

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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William Warren, Jr.

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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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

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Ryan White

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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Kevin Wiggins

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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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

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Cory Winter

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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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

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Weiying Yang

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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Doreen Zankowski

New Workforce Regulations for Federal Government Contractors About to Take Effect

On November 19, 2013, the Associated Builders and Contractors (“ABC”) filed a lawsuit seeking to prevent the implementation of new federal regulations affecting employers with more than 50 employees and with more than $50,000 in…more

Affirmative Action, Compliance, Contractors, Disability, Federal Contractors

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Craig Zappetti

Securities and Exchange Commission Proposes Regulations Authorizing the Use of Crowdfunding in Equity Offerings

On October 23, 2013, the Securities and Exchange Commission (the “Commission”) issued proposed regulations to implement Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”). Regulation Crowdfunding would govern…more

JOBS Act, SEC, Securities Act of 1933, Title III

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