Saul Ewing LLP

DC Circuit Renders Landmark Ruling Restricting CFPB’s Virtually Unfettered Power

In PHH v. CFPB (Oct. 11, 2016), the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau (“CFPB”) was unconstitutionally structured, and that the agency’s enforcement powers are subject…more

Article II, CFPB, Constitutional Challenges, Dodd-Frank, HUD

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Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation…more

Allstate, Appeals, Arbitration, Bad Faith, Car Accident

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OIG Revises and Adds Anti-Kickback Statute Safe Harbors and Civil Monetary Penalty Rules

In what may be one of the final federal health care revisions implemented during the Obama Administration, on December 7, 2016 the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”),…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Health Care Providers, HHS

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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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Board of Directors’ Response to Shareholder Demand Not Subject to Heightened Boland Scrutiny

A Maryland appellate court has ruled that a demand refusal by an entire board, consisting of a majority of disinterested and independent directors who chose not to appoint a special litigation committee, is entitled to the…more

Board of Directors, Independent Directors, Shareholder Demands

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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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New Jersey Rulings Allay Personal Jurisdiction Concerns Raised by Daimler and Goodyear

Two judges in the U.S. District Court for the District of New Jersey have denied motions to dismiss for personal jurisdiction in Hatch-Waxman litigations based on the defendants’ compliance with New Jersey’s foreign corporation…more

ANDA, Boehringer, Compliance, Corporate Counsel, DaimlerAG

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OIG Revises and Adds Anti-Kickback Statute Safe Harbors and Civil Monetary Penalty Rules

In what may be one of the final federal health care revisions implemented during the Obama Administration, on December 7, 2016 the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”),…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Health Care Providers, HHS

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Federal Circuit Avoids Abstract Idea Definition, Finds Computer Networking Patents Not Patent-Ineligible Despite Components Appearing “Generic at First Blush”

On November 1, 2016, the Federal Circuit issued a decision in Amdocs (Israel) Ltd. v. Openet Telecom, Inc., finding that asserted computer program and method claims for solving an accounting and billing problem faced by network…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Popular

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New Jersey Supreme Court Upholds Requirement That Notice of Insurance Claim Be Made “As Soon As Practicable”

The New Jersey Supreme Court’s decision in Templo Fuente De Vida Corp. v. National Union Fire Insurance Co. (decided February 11, 2016) upheld a carrier’s application of policy language requiring not only that notice be made…more

Filing Requirements, Insurance Claims, Insurance Industry, National Union, NJ Supreme Court

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Affirmative Action after Fisher II: Lessons from the University of Texas Experience

Now that the Supreme Court has upheld the use of race as a “factor of a factor of a factor” in the University of Texas’s admissions program, institutions can glean some guidance from the decision to create and administer their…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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Pennsylvania Court Issues Groundbreaking Decision Limiting the Government’s Ability to Assess Penalties for Alleged “Continuing Violations” Under the Clean Streams Law

The Pennsylvania Commonwealth Court has ruled that once an unpermitted discharge ceases, violations under The Clean Streams Law cease, even when pollution continues to persist in waters of the Commonwealth. While this places a…more

Appeals, Continuing Violation Theory, Department of Environmental Protection

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Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America…more

Buy American Act, Construction Industry, Federal Transit Administration, Fixing America’s Surface Transportation Act (FAST Act), Procurement Guidelines

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Universities and Colleges Must be Vigilant When Certifying Student Loans

In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of the…more

Colleges, Department of Education, Educational Institutions, False Claims Act (FCA), Student Loans

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Construction Law Advisory - March 2016

The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;…more

Airspace, Arbitration, Arbitration Awards, Construction Industry, Drones

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What Should You Do With a Marketplace Notice?

Employers of all sizes are receiving notices from Health Insurance Marketplaces (“Notice” or “Marketplace Notice”) alerting them that an employee or employees have obtained Exchange coverage and are eligible for and receiving…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, IRS, Marketplace Notice

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Court Rejects AARP’s Request to Block EEOC’s Final Wellness Rules -- Wellness Rules Took Effect as Scheduled on January 1, 2017

The Equal Employment Opportunity Commission (EEOC) recently issued final regulations under the American with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) with respect to employer-wellness programs,…more

AARP, ADA, EEOC, Employee Benefits, Employer Group Health Plans

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Southern District of New York Finds Amarin Pharma, Inc.’s Off-Label Promotion Is Protected Speech; Company Cannot Be Prosecuted For Truthful and Non-Misleading Statements

Pharmaceutical industry and constitutional buffs have been closely watching Amarin Pharma Inc. v. U.S. Food and Drug Administration. The case presented the (not wholly novel) question whether the First Amendment protects…more

Amarin, Declaratory Relief, DOJ, False Claims Act (FCA), FDA

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Maryland Appellate Court Says “No De Facto Series LLC”

In Kurz, et al. v. AMCP-1, LLC, et al., an unpublished opinion filed on February 10, 2016, the Maryland Court of Special Appeals refused to accept the plaintiff’s argument that the trial court, in disregard of Maryland law, had…more

de facto Administrators, Limited Liability Company (LLC), Operating Agreements, Real Estate Development, Series LLC

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Tax Reform Under a Trump Presidency

Following the results of last Tuesday’s election, there is significant speculation about the status and future of the tax code in light of President-elect Donald Trump’s proposed tax reform plan. Much of this speculation is…more

Donald Trump, Estate Tax, Repeal, Tax Reform

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We Meant What We Said: Pa. Supreme Court Issues Latest Decision in Robinson Township

On September 28, 2016, the Pennsylvania Supreme Court issued its latest decision in Robinson Township v. Commonwealth. Link to decision HA Doc. 241394 This latest iteration of Robinson Township (referred to by the Court as…more

Act 13, Confidentiality Agreements, Department of Environmental Protection, Oil & Gas, PA Supreme Court

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White House Speaks Out Against Non-Compete Agreements

This week the White House issued a “call to action” regarding the inclusion of non-compete agreements in employee contracts for certain categories of workers. The White House is encouraging the passage of new laws by the…more

Employment Contract, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Brewers’ Voluntary Disclosure Initiative Introduced

As the food and beverage industry trends toward products and practices that promote consumer choice and transparency, the Beer Institute has recently announced a new Voluntary Disclosure Initiative (the “Initiative”), which…more

Breweries, FDA, Labeling, Nutrition Facts Labels, Voluntary Disclosure

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Top Ten Construction Clauses: Change Orders and Change Directives

Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes. AIA Document A201-2007 and the ConsensusDocs Standard Agreement…more

AIA Construction Forms, Construction Contracts, Construction Industry, Contract Drafting, Contract Terms

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ERISA and Disability Claims

Final rules were issued in December that update the claim procedure that ERISA Plan Administrators must follow to determine whether benefits are due or payable on account of the a plan participant’s disability. The new rules are…more

DOL, Employee Benefits, ERISA, Retirement Plan

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EEOC Provides Guidance on Rights of Employees With Mental Health Conditions

This week, the U.S. Equal Employment Opportunity Commission (EEOC) issued a resource document that provides employees with mental health conditions an explanation of their rights under the Americans with Disabilities Act (ADA). …more

ADA, Disability Discrimination, EEOC, Mental Health, Reasonable Accommodation

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OSHA’s New Rule Will Impact Employer Post-Accident Drug Testing Policies

On November 28, 2016, a Texas federal judge denied a request for a preliminary injunction, which sought to enjoin implementation of the anti-retaliation provisions of the Occupational Safety and Health Administration’s (“OSHA”)…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, Incentives, OSHA

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The New Overtime Regulations: How Will They Affect Your Workplace? (Part 2)

New overtime regulations unveiled by the U.S. Department of Labor (DOL) on May 18, 2016 will affect approximately 4.2 million currently “exempt” workers. Unless their salaries are increased to at least $913/week, these…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

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Federal Government Contractors Receive Big Win Against Executive Order

Earlier this week, government contractors won a significant battle when a federal court in Texas ruled that President Obama overstepped his authority and enjoined the implementation of the majority of the burdensome “Fair Pay…more

Arbitration, DOL, Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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States Are Popping the Cap on ‘High Alcohol Beer’: Ohio Lawmakers Authorize Brewers to Increase Alcohol by Volume

Several state lawmakers have increased the alcohol by volume (ABV) caps on beer production in recent years, and now, craft brewers in Ohio will also have the opportunity to brew “high alcohol beer.” With House Bill 37, which…more

Beer, Breweries, Wine & Alcohol, Young Lawyers

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Tax Court Broadens the Definition of “Collected Proceeds” – Result: Seventeen Million Dollar Award for Tax Fraud Whistleblowers

The nation’s top tax court recently broadened the definition of “collected proceeds” to include payments of criminal fines and civil forfeitures, which could result in increased awards for tax fraud whistleblowers. This likely…more

IRS, Tax Fraud, Whistleblower Awards, Whistleblowers

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Tax Reform Under a Trump Presidency

Following the results of last Tuesday’s election, there is significant speculation about the status and future of the tax code in light of President-elect Donald Trump’s proposed tax reform plan. Much of this speculation is…more

Donald Trump, Estate Tax, Repeal, Tax Reform

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New Jersey Companies Face Significant Class Action Risks When Using Limiting or Exculpatory Language in Consumer Contracts

A federal judge in Camden, N.J., recently granted class certification in a case brought under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). The class is made up of individuals who signed lease agreements…more

Class Certification, Contract Disputes, Exculpatory Clauses, Hold Harmless, Release Agreements

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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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Recent Litigation Against Product Manufacturers Shows the Reach of Cybersecurity Liability

Plaintiffs have increasingly sought to hold companies accountable through litigation for security breaches or hacks of their computer systems that store personal information. Two recent court decisions in California demonstrate…more

Cyber Threats, Cybersecurity, Data Protection, Hackers, Lenovo

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Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing individuals…more

Criminal Background Checks, Health Care Providers, Hiring & Firing, Long Term Care Facilities, Nursing Homes

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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, Insurance Industry

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New Attorney General Nominee Raises Questions for Civil Rights Enforcement

President-Elect Donald Trump has offered the job of Attorney General of the United States to Senator Jeff Sessions (R- Alabama). The announcement raised eyebrows in some circles due to Senator Sessions’ history and recent…more

Attorney Generals, DOJ, Donald Trump, EEOC, Sex Discrimination

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PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and data. …more

Cybersecurity, Data Breach, Data Protection, Employer Liability Issues, Hackers

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White House Speaks Out Against Non-Compete Agreements

This week the White House issued a “call to action” regarding the inclusion of non-compete agreements in employee contracts for certain categories of workers. The White House is encouraging the passage of new laws by the…more

Employment Contract, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for…more

Chevron Deference, Chevron v NRDC, Clean Air Act, Cost-Benefit Analysis, Energy Sector

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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 (FCA), Fraud, SEC, Siemens, Whistleblower Protection Policies

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Brewers’ Voluntary Disclosure Initiative Introduced

As the food and beverage industry trends toward products and practices that promote consumer choice and transparency, the Beer Institute has recently announced a new Voluntary Disclosure Initiative (the “Initiative”), which…more

Breweries, FDA, Labeling, Nutrition Facts Labels, Voluntary Disclosure

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Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing individuals…more

Criminal Background Checks, Health Care Providers, Hiring & Firing, Long Term Care Facilities, Nursing Homes

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Delaware Rapid Arbitration Act Rules Effective June 22, 2015

The Delaware Rapid Arbitration Act (DRAA) now has rules. Enacted earlier this year, the intent of the DRAA is to serve as an alternative, confidential and cost-effective forum for binding arbitrations involving Delaware…more

Arbitration, Business Disputes, Delaware Rapid Arbitration Act, New Regulations

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Unacceptable Geographic Market Definition Dooms FTC Effort to Enjoin Hospital Merger; Will Affordable Care Act Goals Create New Hurdles for Antitrust Enforcement Authorities?

A Pennsylvania federal district judge recently denied injunctive relief that would have blocked a merger between Penn State Hershey Medical Center and PinnacleHealth System. The Court’s denial of injunctive relief was built…more

FTC, Hospital Mergers, Merger 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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Delaware Enacts Annual Update to Its Corporate Statutes

With the legislative session drawing to a close, Delaware Governor Jack Markell has signed into law the annual amendments to the General Corporation Law and the Alternative Entity Statutes. In addition to more technical…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262

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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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Massachusetts Hospital Agrees to Six-Figure Payment Related to HIPAA Compliance Allegations

St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital based in Brighton, Mass., agreed to pay $218,400 to address deficiencies in its HIPAA compliance activities. The SEMC settlement continues a pattern of enforcement…more

Compliance, Corrective Actions, Covered Entities, Data Breach, Electronic Medical Records

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DOL Overtime Case to Proceed at District Court After Judge Denies Stay Pending Appeal

Last week, a federal judge in Texas denied the U.S. Department of Labor’s (DOL) request to stay a lawsuit challenging implementation of the DOL’s new overtime rules during the pendency of the DOL’s appeal to the Fifth Circuit…more

Appeals, DOL, Over-Time, Preliminary Injunctions, Wage and Hour

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Details of 2017 Pennsylvania Tax Amnesty Announced

The Pennsylvania Department of Revenue (the Department) has just released details of the tax amnesty authorized by the 2016-2017 Budget passed in July 2016. The tax amnesty is a tremendous opportunity for taxpayers who owe…more

Department of Revenue, State Taxes, Tax Amnesty, Tax Liability

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Board of Directors’ Response to Shareholder Demand Not Subject to Heightened Boland Scrutiny

A Maryland appellate court has ruled that a demand refusal by an entire board, consisting of a majority of disinterested and independent directors who chose not to appoint a special litigation committee, is entitled to the…more

Board of Directors, Independent Directors, Shareholder Demands

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NYDFS Issues Circular Letter Pertaining to Deferred-to-Immediate Annuity Contract Replacements

On December 8, 2016, the New York State Department of Financial Services (the “Department”) issued a Circular Letter to provide guidance in response to the alleged failure of certain life insurance producers and life insurers to…more

Annuities, Insurance Industry, Life Insurance, NYDFS

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New York’s Newly Proposed Cybersecurity Regulations: Conflict or Harmony With the NAIC Draft Model Act?

In the spring of 2016, the National Association of Insurance Commissioners (“NAIC”) exposed its first draft of a data security model law applicable to insurers and producers (“Model Act”). That draft was amended and exposed…more

CISO, Cybersecurity, Insurance Industry, NAIC, NYDFS

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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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Overview of Regulation Crowdfunding

Regulation Crowdfunding – which becomes effective May 16, 2016 -- implements the requirements of Title III of the Jumpstart Our Business Startups (JOBS) Act. The new rules will enable individuals to invest in startup businesses…more

Crowdfunding, Disclosure Requirements, Funding Portal, JOBS Act, Offerings

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Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,…more

Clean Water Act, Permits, Section 404, US Army Corps of Engineers, Waters of the United States

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Pennsylvania Supreme Court to Determine if “Motive of Self-Interest or Ill-Will” is Required to Establish a Claim for Insurance Bad Faith

In Pennsylvania, an insurance bad faith claim requires an insured to show by clear and convincing evidence that the insurer 1) lacked a reasonable basis for denying benefits under the policy, and 2) knew or recklessly…more

Bad Faith, Breach of Contract, Insurance Industry, Insurance Litigation

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Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential…more

Confidential Information, Confidentiality Agreements, Counterclaims, False Claims Act (FCA), Privacy Policy

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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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Hearing Aid Deregulation to Affect Wireless Device Industry and Create Compatibility Issues

Within the last week, both the U.S. Senate and the U.S. Food and Drug Administration (FDA or the Agency) have taken significant steps to deregulate a large portion of hearing aid devices. Despite the benefits that hearing aid…more

FCC, FDA, Over-the-Counter Sales, Wireless Devices

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New Jersey Phases in Full Estate Tax Repeal

On October 7, 2016, the New Jersey Legislature adopted a comprehensive tax package with important tax cuts, including an end to the estate tax by 2018. Specifically, the legislation provides the following: - The…more

Estate Tax, Income Taxes, Repeal, Tax Exemptions

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Pa. Insurance Commissioner Issues Guidance Regarding Gender Identity Discrimination and Health Insurance Policies

While North Carolina has become the battleground for laws discriminating based on gender identity, Pennsylvania joins states that have taken action to prohibit such discrimination. Following in the footsteps of Governor Tom…more

Gender Discrimination, Gender Identity, Governor Wolf, Health Insurance, New Guidance

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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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It’s Not Just the Response, It’s the Disclosure: SEC Charges Against a Company and Its General Counsel Highlight Importance of Disclosing False Claims Act Claims

A recent complaint filed by the Securities and Exchange Commission highlights some important considerations for companies and in-house counsel facing False Claims Act investigations. The action is SEC v. RPM International and…more

Corporate Counsel, DOJ, False Claims Act (FCA), SEC, Whistleblowers

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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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Henry Schein Settles FTC Charges of Deceptive Advertising of Dentrix G5

Data encrypted in accordance with the Advanced Encryption Standard (“AES”) gives dentists a “safe harbor” in the event of certain breaches of patient information. However, those relying on Henry Schein’s Dentrix G5 software to…more

Dentists, Encryption, HIPAA, NIST, Personally Identifiable Information

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What Should You Do With a Marketplace Notice?

Employers of all sizes are receiving notices from Health Insurance Marketplaces (“Notice” or “Marketplace Notice”) alerting them that an employee or employees have obtained Exchange coverage and are eligible for and receiving…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, IRS, Marketplace Notice

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Federal Guidance on Drones to Impact Colleges and Universities

On May 4, 2016, at the AUVSI (Association for Unmanned Vehicle Systems International) conference in New Orleans, FAA Administrator Michael Huerta made two big announcements affecting the unmanned aircraft systems (“UAS” or…more

Aviation Industry, Drones, Federal Aviation Administration (FAA), FMRA, Unmanned Aircraft Systems

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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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Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

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Supreme Court Upholds Implied Certification Theory and Emphasizes Importance of Materiality Requirement Under the False Claims Act

On June 16, 2016, the Supreme Court, in a unanimous decision, upheld the use of the “implied certification theory of liability” in False Claims Act (“FCA”) cases. See Universal Health Services, Inc. v. United States ex rel…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification

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New Jersey Bill Seeks to Prevent Employers from Obtaining and Using Applicant Salary History

Two New Jersey state senators have introduced a bill that would prohibit employers from asking applicants about their previous salaries and from using that information to make decisions about compensation. See Assembly Bill…more

Corporate Counsel, Discrimination, Equal Pay, Hiring & Firing, Wage and Hour

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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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Fifth Circuit: If It Ain’t Broke, Not Paying To Fix It Ain’t Bad Faith

Toney v. State Farm Lloyds, Case No. 14-40914, 2016 WL 4784012 (5th Cir. Sept. 13, 2016). After a March 2012 hail storm damaged his home in Mission, Texas, Kenneth Toney (“Toney”) filed a claim with State Farm Lloyds…more

Bad Faith, Homeowner's Insurance, Insurance Industry, Property Damage, State Farm

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Revised Philadelphia Transfer Tax Ordinance Requires Reconsideration of Commercial Real Estate Transactions

On December 8, 2016, the Philadelphia City Council approved a bill intended to close various perceived loopholes used by owners of commercial real estate to minimize or avoid the City’s realty transfer tax. Mayor Kenney is…more

City Taxes, Commercial Property Owners, Commercial Real Estate Market, Local Ordinance, Realty Transfer Taxes

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Federal Circuit Determines Lip-Sync Animation Software is Patent Eligible, and Not An “Abstract Idea”

On September 13, 2016, the Federal Circuit issued a decision in McRO, Inc. v. Bandai Namco Games America, that provides a favorable decision applicants and patentees can cite in seeking to obtain and defend claims directed to…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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PTAB Designates Two America Invents Act Review Decisions as Precedential

Recently, the Patent Trial and Appeal Board (PTAB) designated two America Invents Act (AIA) review decisions as precedential: LG Electronics, Inc. v. Mondis Technology, Ltd. and Westlake Services, LLC v. Credit Acceptance Corp…more

America Invents Act, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, LG Electronics, Patent Litigation

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Henry Schein Settles FTC Charges of Deceptive Advertising of Dentrix G5

Data encrypted in accordance with the Advanced Encryption Standard (“AES”) gives dentists a “safe harbor” in the event of certain breaches of patient information. However, those relying on Henry Schein’s Dentrix G5 software to…more

Dentists, Encryption, HIPAA, NIST, Personally Identifiable Information

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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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Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Credit Bids

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"Fasten Your Seat Belts. It's Going to Be a Bumpy Night."

In the classic Hollywood movie All About Eve, Bette Davis offered that advice to party-goers, and they were well-advised to heed it. The same advice applies as we begin a new year and the start of a Congressional session that is…more

DOL, Donald Trump, Fiduciary Rule, Trump Administration

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New Jersey Rulings Allay Personal Jurisdiction Concerns Raised by Daimler and Goodyear

Two judges in the U.S. District Court for the District of New Jersey have denied motions to dismiss for personal jurisdiction in Hatch-Waxman litigations based on the defendants’ compliance with New Jersey’s foreign corporation…more

ANDA, Boehringer, Compliance, Corporate Counsel, DaimlerAG

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U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas and…more

Administrative Procedure Act, Corporate Counsel, EPA, Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

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Pennsylvania Adopts Legislation to Expand Investment Options for Local Governments

New legislation in Pennsylvania expands the permissible financial products in which municipalities, school districts and municipal authorities may invest. Recently approved Pennsylvania legislation (Act No. 10 of 2016, the…more

Financial Products, General Fund, Municipalities, New Legislation, Public Finance

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Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

See All Updates »

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

See All Updates »

Construction Law Advisory - March 2016

The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;…more

Airspace, Arbitration, Arbitration Awards, Construction Industry, Drones

See All Updates »

DOL Persuader Rule Blocked by Federal Judge

On November 16, 2016, a District Judge in the Northern District of Texas permanently blocked the U.S. Department of Labor from enforcing a new regulation that would have increased disclosure requirements for employers that use…more

Disclosure Requirements, DOL, Fifth Amendment, First Amendment, LMRDA

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

See All Updates »

What Does the Future Hold for Doe v. Columbia and the Pleading Standard in Respondent Litigation?

In July 2016, the Second Circuit Court of Appeals overruled its longstanding precedent Yusuf v. Vassar College, which held that students alleging gender discrimination arising from disciplinary proceedings were held to a strict…more

Disciplinary Proceedings, Gender Discrimination, Sexual Assault, Title IX

See All Updates »

Highly Anticipated Final Rule from CMS on Returning Overpayments Affords Providers a Roadmap for Avoiding FCA Claims

In the February 12, 2016 Federal Register, the Centers for Medicare & Medicaid Services (CMS) published a final rule (Final Rule) with respect to reporting and returning overpayments by Medicare Part A and Part B providers to…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

See All Updates »

Pennsylvania Supreme Court to Determine if “Motive of Self-Interest or Ill-Will” is Required to Establish a Claim for Insurance Bad Faith

In Pennsylvania, an insurance bad faith claim requires an insured to show by clear and convincing evidence that the insurer 1) lacked a reasonable basis for denying benefits under the policy, and 2) knew or recklessly…more

Bad Faith, Breach of Contract, Insurance Industry, Insurance Litigation

See All Updates »

Board of Directors’ Response to Shareholder Demand Not Subject to Heightened Boland Scrutiny

A Maryland appellate court has ruled that a demand refusal by an entire board, consisting of a majority of disinterested and independent directors who chose not to appoint a special litigation committee, is entitled to the…more

Board of Directors, Independent Directors, Shareholder Demands

See All Updates »

Executives Beware: CEO Pays $1 Million Out of His Own Pocket To Resolve False Claims Act Matter

Ralph “Jay” Cox III, the former Chief Executive Officer of Tuomey Healthcare Systems (“Tuomey”) in Sumter, South Carolina, recently paid $1 million to settle his involvement in Tuomey’s illegal billing practices under Medicare…more

False Claims Act (FCA), Medicaid, Medicare, Settlement Agreements, Stark Law

See All Updates »

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of…more

Affordable Care Act, Corporate Counsel, Employment Discrimination, FLSA, Hiring & Firing

See All Updates »

When Government Walks in Industry’s Shoes, FCA May Not Apply (and Vice Versa)

In November, an Illinois federal judge blocked a former bank employee from collecting his claimed relator’s share of a potential settlement between the FDIC (acting as the bank’s receiver) and the bank’s former directors. In…more

Banking Sector, False Claims Act (FCA), FDIC, Mortgages, Popular

See All Updates »

Recent Litigation Against Product Manufacturers Shows the Reach of Cybersecurity Liability

Plaintiffs have increasingly sought to hold companies accountable through litigation for security breaches or hacks of their computer systems that store personal information. Two recent court decisions in California demonstrate…more

Cyber Threats, Cybersecurity, Data Protection, Hackers, Lenovo

See All Updates »

Sixth Circuit Affirms Summary Judgment for Insurer on Bad Faith Claims Where Insurer Offered to Settle Claims for Policy Limit in Exchange for Release and Indemnification of Insured

United States Court of Appeals for the Sixth Circuit rules that insurer’s offer to settle claims for policy limit in exchange for release and indemnification of insured strikes proper balance between competing duties of good…more

Bad Faith, Indemnification, Insurance Industry, Insurance Litigation

See All Updates »

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the…more

Department of Environmental Protection, Energy Sector, Fracking, Mineral Extraction, Oil & Gas

See All Updates »

PTAB Designates Two America Invents Act Review Decisions as Precedential

Recently, the Patent Trial and Appeal Board (PTAB) designated two America Invents Act (AIA) review decisions as precedential: LG Electronics, Inc. v. Mondis Technology, Ltd. and Westlake Services, LLC v. Credit Acceptance Corp…more

America Invents Act, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, LG Electronics, Patent Litigation

See All Updates »

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

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

Estate Planning, Estate Tax

See All Updates »

Board of Directors’ Response to Shareholder Demand Not Subject to Heightened Boland Scrutiny

A Maryland appellate court has ruled that a demand refusal by an entire board, consisting of a majority of disinterested and independent directors who chose not to appoint a special litigation committee, is entitled to the…more

Board of Directors, Independent Directors, Shareholder Demands

See All Updates »

Pennsylvania Adopts Legislation to Expand Investment Options for Local Governments

New legislation in Pennsylvania expands the permissible financial products in which municipalities, school districts and municipal authorities may invest. Recently approved Pennsylvania legislation (Act No. 10 of 2016, the…more

Financial Products, General Fund, Municipalities, New Legislation, Public Finance

See All Updates »

Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Credit Bids

See All Updates »

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, Mary Jo White, Off-Label Use

See All Updates »

Maryland Appellate Court Says “No De Facto Series LLC”

In Kurz, et al. v. AMCP-1, LLC, et al., an unpublished opinion filed on February 10, 2016, the Maryland Court of Special Appeals refused to accept the plaintiff’s argument that the trial court, in disregard of Maryland law, had…more

de facto Administrators, Limited Liability Company (LLC), Operating Agreements, Real Estate Development, Series LLC

See All Updates »

NYDFS Issues Circular Letter Pertaining to Deferred-to-Immediate Annuity Contract Replacements

On December 8, 2016, the New York State Department of Financial Services (the “Department”) issued a Circular Letter to provide guidance in response to the alleged failure of certain life insurance producers and life insurers to…more

Annuities, Insurance Industry, Life Insurance, NYDFS

See All Updates »

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

See All Updates »

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation…more

Allstate, Appeals, Arbitration, Bad Faith, Car Accident

See All Updates »

Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America…more

Buy American Act, Construction Industry, Federal Transit Administration, Fixing America’s Surface Transportation Act (FAST Act), Procurement Guidelines

See All Updates »

California Law to Prohibit Choice of Law Provisions for In-State Employees

On September 25, 2016, California Governor Jerry Brown signed into law S.B. 1241, which prohibits employers from requiring employees, as a condition of employment: (1) to litigate or arbitrate claims arising in California…more

Arbitration, Choice-of-Law, Contract Terms, Employment Contract

See All Updates »

Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated Property Upheld by Pennsylvania Supreme Court

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5…more

Contaminated Properties, Fair Market Value, Harley-Davidson, PA Supreme Court, Popular

See All Updates »

Governor Christie’s Veto of Hospital Fee Bill Tees Up Additional Litigation

On January 19, 2016, New Jersey Governor Chris Christie vetoed bipartisan legislation that sought to establish hospital “community service contributions” (“CSCs”) in hopes of avoiding litigation concerning the tax burden of…more

Chris Christie, Governor Vetoes, Health Care Providers, Non-Profit Hospitals, Tax Exemptions

See All Updates »

Hearing Aid Deregulation to Affect Wireless Device Industry and Create Compatibility Issues

Within the last week, both the U.S. Senate and the U.S. Food and Drug Administration (FDA or the Agency) have taken significant steps to deregulate a large portion of hearing aid devices. Despite the benefits that hearing aid…more

FCC, FDA, Over-the-Counter Sales, Wireless Devices

See All Updates »

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of…more

Affordable Care Act, Corporate Counsel, Employment Discrimination, FLSA, Hiring & Firing

See All Updates »

Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Credit Bids

See All Updates »

DC Circuit Renders Landmark Ruling Restricting CFPB’s Virtually Unfettered Power

In PHH v. CFPB (Oct. 11, 2016), the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau (“CFPB”) was unconstitutionally structured, and that the agency’s enforcement powers are subject…more

Article II, CFPB, Constitutional Challenges, Dodd-Frank, HUD

See All Updates »

Supreme Court: No Patent Royalties May Accrue After Patent Expiration

With Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court…more

Brulotte, Contract Term, IP License, Kimble v Marvel Enterprises, Patent Royalties

See All Updates »

Montana Supreme Court Struggles with the Intersection of FERPA and State Open Records Laws

While investigating sexual misconduct at the University of Montana’s campus, bestselling author Jon Krakauer filed a request with the office of the Commissioner of Higher Education of the State of Montana to inspect specific…more

Department of Education, FERPA, Privacy Rule, Student Privacy, Student Records

See All Updates »

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

See All Updates »

USDA Proposes Overhaul of Nutrition Facts Panel for Meat and Poultry Products

Earlier this month, the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) issued a proposed rule to overhaul the nutrition facts panel for meat and poultry products. FSIS issued its…more

FDA, Food Labeling, Food Safety, Nutrition Facts Labels, USDA

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, Insurance Industry, NAIC

See All Updates »

D.C. Council Passes Substantial New Paid Leave Legislation

The Washington, D.C., City Council passed landmark legislation this week that would provide all private sector D.C. employees with eight weeks of paid leave after the birth or adoption of a child, two weeks of paid personal sick…more

Employee Rights, Employer Liability Issues, Local Ordinance, Paid Leave, Parental Leave

See All Updates »

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 »

The Delaware Competes Act Signed Into Law

This week, Delaware Governor Jack Markell signed into law HB 235, otherwise known as the Delaware Competes Act of 2016. HB 235 was passed by the Delaware State House of Representatives on January 14, 2016 and the Delaware State…more

Business Taxes, Corporate Taxes, Foreign Corporations, Job Creation, New Legislation

See All Updates »

Pa. Insurance Commissioner Issues Guidance Regarding Gender Identity Discrimination and Health Insurance Policies

While North Carolina has become the battleground for laws discriminating based on gender identity, Pennsylvania joins states that have taken action to prohibit such discrimination. Following in the footsteps of Governor Tom…more

Gender Discrimination, Gender Identity, Governor Wolf, Health Insurance, New Guidance

See All Updates »

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, Insurance Industry

See All Updates »

The “Public Interest” Prevails: Third Circuit Vacates Order That Sealed Whistleblower’s Profit-Sharing Settlement Agreement

In a recent decision, the Third Circuit held that a New Jersey federal district court wrongly sealed a profit-sharing settlement agreement between qui tam litigants. The plaintiffs, Fair Laboratory Practices Associates (FLPA)…more

Public Interest, Qui Tam, Settlement Agreements, Whistleblowers

See All Updates »

White Collar Watch - February 2014

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

False Claims Act (FCA), Healthcare, Healthcare Fraud, Hospice, Medicare

See All Updates »

Delaware Enacts Annual Update to Its Corporate Statutes

With the legislative session drawing to a close, Delaware Governor Jack Markell has signed into law the annual amendments to the General Corporation Law and the Alternative Entity Statutes. In addition to more technical…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262

See All Updates »

Revised Philadelphia Transfer Tax Ordinance Requires Reconsideration of Commercial Real Estate Transactions

On December 8, 2016, the Philadelphia City Council approved a bill intended to close various perceived loopholes used by owners of commercial real estate to minimize or avoid the City’s realty transfer tax. Mayor Kenney is…more

City Taxes, Commercial Property Owners, Commercial Real Estate Market, Local Ordinance, Realty Transfer Taxes

See All Updates »

California’s New Workplace Anti-Bullying Law in Effect – May Spread to Litigation and to Other States

California’s new anti-bullying law, which became effective in that state at the beginning of 2015, may be a precursor to other states enacting similar statutes. The law requires that all California employers with 50 or more…more

Abusive Conduct Training, Anti-Bullying Laws, Employee Training, Private Right of Action, Supervisors

See All Updates »

Revised Philadelphia Transfer Tax Ordinance Requires Reconsideration of Commercial Real Estate Transactions

On December 8, 2016, the Philadelphia City Council approved a bill intended to close various perceived loopholes used by owners of commercial real estate to minimize or avoid the City’s realty transfer tax. Mayor Kenney is…more

City Taxes, Commercial Property Owners, Commercial Real Estate Market, Local Ordinance, Realty Transfer Taxes

See All Updates »

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

See All Updates »

NYC Enacts Law Protecting Freelance Workers

Last month, New York City Mayor Bill de Blasio signed into law Int. No. 1017-C, dubbed the Freelance Isn’t Free Act (“Act”), a unique law that provides penalties for failure to follow certain standards in contracting with and…more

Contract Terms, Freelance Workers, Independent Contractors, Labor Standards Enforcement, Wage and Hour

See All Updates »

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

See All Updates »

Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against Employer’s Top Client

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit…more

Confidentiality Agreements, Corporate Counsel, False Claims Act (FCA), Health Care Providers, Medicaid

See All Updates »

U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas and…more

Administrative Procedure Act, Corporate Counsel, EPA, Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

See All Updates »

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

See All Updates »

Hearing Aid Deregulation to Affect Wireless Device Industry and Create Compatibility Issues

Within the last week, both the U.S. Senate and the U.S. Food and Drug Administration (FDA or the Agency) have taken significant steps to deregulate a large portion of hearing aid devices. Despite the benefits that hearing aid…more

FCC, FDA, Over-the-Counter Sales, Wireless Devices

See All Updates »

Top Ten Construction Clauses: Pay-if-Paid and Pay-when-Paid Clauses

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner. The ConsensusDocs Standard Agreement 655 provides the following example: Receipt of…more

Construction Industry, Flow Down Clause, General Contractors, Mechanics Lien, Pay if Paid

See All Updates »

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 »

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

See All Updates »

New Jersey Supreme Court Upholds Requirement That Notice of Insurance Claim Be Made “As Soon As Practicable”

The New Jersey Supreme Court’s decision in Templo Fuente De Vida Corp. v. National Union Fire Insurance Co. (decided February 11, 2016) upheld a carrier’s application of policy language requiring not only that notice be made…more

Filing Requirements, Insurance Claims, Insurance Industry, National Union, NJ Supreme Court

See All Updates »

Middle District of Pennsylvania: Where Declination of Defense is Grounded in a Reasonable Basis, No Bad Faith Exists Under Pennsylvania Law

Defendant Icon Legacy Custom Modular was sued in two separate state court proceedings: one in New York and one in Massachusetts. Plaintiff Westfield Insurance Company initially agreed to defend Icon as to those actions, but…more

Bad Faith, Declaratory Judgments, Motion to Dismiss

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Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend…more

ADA, DOL, Educational Institutions, Employment Discrimination, ERISA

See All Updates »

Liability for Unintentional Bird Deaths Still Up in the Air

The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the…more

Bird Fatalities, Citgo, DOJ, Energy Sector, Incidental Take Permits

See All Updates »

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

See All Updates »

Fair Labor Standards Act Salary Level Regulations Enjoined! What Should Employers Do Now?

A nationwide temporary injunction blocking the Department of Labor’s new salary level Rule from going into effect on December 1, 2016 was issued last week by Judge Amos L. Mazant III of the U.S. District Court for the Eastern…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

See All Updates »

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 - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney…more

Architecture, Community Development, Compliance, Construction Industry, Contractors

See All Updates »

Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

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

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

See All Updates »

Is Your Advisor Knowledgeable About Investments, or Just a 401(k) Wonk?

I recently had a conversation with Lee Lyon of Lyon Investment Services, based in Jacksonville, Florida. Lee’s office is near downtown Jacksonville in a quaint area of town known as San Marco. Lee advises both…more

401k, ERISA, Investment Adviser, Retirement Plan, TPAs

See All Updates »

Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek…more

Attorney-Client Privilege, Colleges, FERPA, HIPAA, Medical Records

See All Updates »

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 »

Construction Law Advisory - March 2016

The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;…more

Airspace, Arbitration, Arbitration Awards, Construction Industry, Drones

See All Updates »

Overview of Regulation Crowdfunding

Regulation Crowdfunding – which becomes effective May 16, 2016 -- implements the requirements of Title III of the Jumpstart Our Business Startups (JOBS) Act. The new rules will enable individuals to invest in startup businesses…more

Crowdfunding, Disclosure Requirements, Funding Portal, JOBS Act, Offerings

See All Updates »

Federal Circuit Avoids Abstract Idea Definition, Finds Computer Networking Patents Not Patent-Ineligible Despite Components Appearing “Generic at First Blush”

On November 1, 2016, the Federal Circuit issued a decision in Amdocs (Israel) Ltd. v. Openet Telecom, Inc., finding that asserted computer program and method claims for solving an accounting and billing problem faced by network…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Patent-Eligible Subject Matter, Popular

See All Updates »

Contact

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

  • (215) 972-7777
  • (215) 972-7725

Areas of Practice
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100+ Attorneys

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