Saul Ewing LLP

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Centre Square West
1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States
Phone: (215) 972-7777
Fax: (215) 972-7725
Areas of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • D.C.
  • Delaware
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
100+ Attorneys

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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Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

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Delaying a Bankruptcy for Shareholder Benefit May Benefit the Creditors After All

Equity holders and sponsors be wary - a new arrow may now be available in the quiver of potential causes of action that creditors and trustees can use to maximize their recovery in chapter 11 bankruptcy cases. In a recent…more

Breach of Duty, Chapter 11, Commercial Bankruptcy, Controlling Stockholders, Creditors

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HHS Report Urges Health Care Industry to Address Cybersecurity Risks

In early June 2017, the U.S. Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force released a “Report on Improving Cybersecurity in the Health Care Industry” (the Report). The Report…more

Cybersecurity, Data Protection, Electronic Medical Records, 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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Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

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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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HHS Report Urges Health Care Industry to Address Cybersecurity Risks

In early June 2017, the U.S. Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force released a “Report on Improving Cybersecurity in the Health Care Industry” (the Report). The Report…more

Cybersecurity, Data Protection, Electronic Medical Records, Health Care Providers, HHS

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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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After Escobar, Lower Courts Build On The “Materiality” Analysis for False Claims Act Lawsuits

It’s been just over a year since the Supreme Court’s seminal False Claims Act (“FCA”) decision Universal Health Servs., Inc. v. United States ex rel. Escobar. In the wake of Escobar, the lower courts are confronted with applying…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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Massachusetts Court Refuses to Entertain Non-Compete Action Against California-Based Employee

A Massachusetts trial court judge sitting in the Business Litigation Session recently issued a decision, in Oxford Global Resources, LLC v. Hernandez (1684CV003911-BLS2) (June 9, 2017), refusing to enforce Massachusetts choice…more

Choice-of-Law, Choice-of-Venue, Employment Contract, Non-Compete Agreements, Popular

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Opinions are Critical to Mitigating Patent Damages Post-Halo

Although the Supreme Court’s increased engagement with patent law over the last decade has generally been viewed as positive for parties accused of patent infringement, its recent decision in Halo Electronics, Inc. v. Pulse…more

Damages, Enhanced Damages, Halo v Pulse, Patent Infringement, Patents

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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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Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two…more

ADA, DACA, Equal Protection, ERISA, FERPA

See all updates »

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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What Contract? Despite Confidentiality Agreement, Employee Can Use Confidential Information in Public Whistleblower Lawsuit

A federal court recently ruled that an employee may use his employer’s confidential information in a whistleblower retaliation complaint, regardless of whether an employment confidentiality agreement prohibited him from doing…more

Confidentiality Agreements, Corporate Counsel, Enforcement Actions, Retaliation, SEC

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Insurers’ Duty to Defend Does Not Require Coverage for Counterclaims in Massachusetts

?In a win for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ruled on June 22, 2017 that a duty to defend does not require insurers to fund an insured’s counterclaim, even if it is “inextricably intertwined” with a…more

Duty to Defend, Insurance Industry, Insurance Litigation, Insureds

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Supreme Court Clarifies “Church Plan” Definition for ERISA Exemption Purposes

A recent U.S. Supreme Court decision in Advocate Health Care Network v. Stapleton implicates the benefit plans maintained by nonprofit entities affiliated with a church or religious organization, including many hospitals and…more

Advocate Health Care v Stapleton, Affiliates, Church Plans, Employee Benefits, ERISA

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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’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

See all updates »

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

Estate Tax, Repeal, Tax Reform, Trump Administration

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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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Don’t Change the Schedule: NYC Fast Food and Retail Employers Must Take Notice

Beginning November 2017, fast food and retail employers in New York City will be forced to think twice before making changes to employees’ schedules. Last week, Mayor Bill de Blasio signed the “Fair Workweek” bills into law,…more

Employer Liability Issues, Fast-Food Industry, Local Ordinance, On-Call Employees, Retailers

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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

See all updates »

Supreme Court Clarifies “Church Plan” Definition for ERISA Exemption Purposes

A recent U.S. Supreme Court decision in Advocate Health Care Network v. Stapleton implicates the benefit plans maintained by nonprofit entities affiliated with a church or religious organization, including many hospitals and…more

Advocate Health Care v Stapleton, Affiliates, Church Plans, Employee Benefits, ERISA

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Sixth Circuit Finds That Mandatory Class Waiver Provisions Violate NLRA

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act, Mandatory Arbitration Clauses

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Don’t Change the Schedule: NYC Fast Food and Retail Employers Must Take Notice

Beginning November 2017, fast food and retail employers in New York City will be forced to think twice before making changes to employees’ schedules. Last week, Mayor Bill de Blasio signed the “Fair Workweek” bills into law,…more

Employer Liability Issues, Fast-Food Industry, Local Ordinance, On-Call Employees, Retailers

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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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The Other Shoe Drops on Laches Defense in IP

In 2014, the Supreme Court’s opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. held that the equitable doctrine of laches is not available as a defense to copyright infringement when the claim is brought within the three years…more

Laches, Patent Infringement, Patents, SCA Hygiene Products Aktiebolag v First Quality Baby Products, SCOTUS

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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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D.C. Circuit Strikes Down EPA Reporting Exemptions for Animal Waste

On April 11, 2017, the United States Court of Appeals for the D.C. Circuit struck down an EPA final rule which exempted animal feeding operations from air pollution reporting requirements. Under the 2008 rule, farms did not have…more

CERCLA, EPA, EPCRA, Reporting Requirements

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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

Estate Tax, Repeal, Tax Reform, Trump Administration

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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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New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

On March 30, 2017, the United States Court of Appeals for the Third Circuit issued a decision that curtails the rights of suppliers to lien non-debtor third-party property following the bankruptcy filing of a construction…more

Chapter 11, Commercial Bankruptcy, Construction Industry, Construction Liens, Contractors

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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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Yahoo’s General Counsel Takes the Fall for Cybersecurity Breach

When news broke recently that the General Counsel for Yahoo had resigned over concerns about the company’s handling of data breaches, it highlighted the ways in which data breaches can have serious consequences for corporate…more

Cybersecurity, Data Breach, Data Security, Popular, Yahoo!

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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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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, EEOC, Sex Discrimination, Sexual Orientation

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Challenge to Philadelphia Salary History Question Ban Dismissed, For Now

The Chamber of Commerce for Greater Philadelphia’s lawsuit seeking to block a Philadelphia ordinance that prohibits employers from asking questions about an applicant’s salary history was dismissed by the US District Court for…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

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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

See all updates »

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

See all updates »

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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Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two…more

ADA, DACA, Equal Protection, ERISA, FERPA

See all updates »

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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U.S. Supreme Court issues 5th Amendment Takings Claim Decision

?On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that it…more

Common Ownership, Fifth Amendment, Murr v Wisconsin, Property Owners, SCOTUS

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Corporate Governance Insights - Issue 2

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

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

See all updates »

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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Fourth Circuit Makes Joint Employer Test in Contractor Wage Dispute

In a recent decision by the Fourth Circuit, the Court established a new test for determining whether two entities are “joint employers.” The case arose when employees of a construction subcontractor sought overtime wages from…more

DOL, FLSA, Joint Employers, Wage and Hour

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Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

See all updates »

Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

The New York Department of Financial Services’ Cybersecurity Regulation Will Soon Take Effect

The New York Department of Financial Services (“NYDFS”) is in the final days of accepting public comment on its revised cybersecurity regulation, which would be codified at 23 NYCRR 500. As the comment period winds down to a…more

Covered Entities, Cybersecurity, Data Protection, Financial Institutions, Financial Services Industry

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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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Employees Bound By Non-Compete By Clicking On Box To Accept Stock Grants

Employees at payroll processing giant ADP were held to the terms of a non-compete contained in online stock award documents when they clicked the “I have read and agreed” button in order to receive stock grants. On February 7,…more

Corporate Counsel, Employment Contract, Former Employee, Non-Compete Agreements, Restrictive Covenants

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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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Insurers’ Duty to Defend Does Not Require Coverage for Counterclaims in Massachusetts

?In a win for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ruled on June 22, 2017 that a duty to defend does not require insurers to fund an insured’s counterclaim, even if it is “inextricably intertwined” with a…more

Duty to Defend, Insurance Industry, Insurance Litigation, Insureds

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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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GOP House Considers Adopting Clean Hands Rule for SEC Whistleblower Program

The Chairman of the House Financial Services Committee, Jeb Hensarling, R-Tex., recently issued a memo outlining a plan to implement sweeping changes to a bill he introduced last year known as the Financial CHOICE Act…more

SEC, Whistleblower Awards, Whistleblowers

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New Bad Faith Guidance in Texas

The Texas Supreme Court has announced five rules which the Court believes will “provide clarity regarding the relationship between claims for an insurance policy breach and Insurance Code violations.” USAA Texas Lloyds Co. v…more

Bad Faith, Insurance Industry, TX Supreme Court, USAA

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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

See all updates »

Trump Administration Delays Yet Another Food Rule: Revised Nutrition Facts Label Paused Indefinitely

On June 13, 2017, the U.S. Food and Drug Administration (FDA or the Agency) delayed indefinitely the Nutrition Facts and Supplement Facts Label and Serving Size rules (the Rules), which were set to go live on July 26, 2018 for…more

FDA, Nutrition Facts Labels, Trump Administration

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Creating Trust to Ensure a Trust’s Success

One of the biggest missteps of clients is to create a trust without communicating its purpose with the adult beneficiaries. Without guidance from the client/grantor and his or advisors, beneficiaries sometimes become suspicious…more

Beneficiaries, Estate Planning, Trustees, Trusts

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Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining…more

Department of Health, Marijuana, Medical Marijuana, State and Local Government

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Corporate Governance Insights - Issue 2

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

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

See all updates »

Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

First Circuit Tells False Claims Act Relators To “Put Up or Shut Up”

The U.S. Court of Appeals for the First Circuit recently called summary judgment “the put up or shut up moment in litigation.” On January 30, 2017, the relators in U.S. ex rel. Booker v. Pfizer – a long-running False Claims Act…more

Corporate Integrity Agreement, False Claims Act (FCA), HHS, Relators, Retaliation

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 »

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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2017 IRS Limits Announced for Benefits and Other Tax Provisions

Members of Saul Ewing’s Tax and Employee Benefits and Executive Compensation Practices have outlined the recently announced 2017 dollar limits on the Social Security Wage Base, compensation and deferrals for retirement plans,…more

Affordable Care Act, IRS, Medicare Part B, Retirement Plan, Social Security

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Corporate Governance Insights - Issue 2

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

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

See all updates »

Higher Education Highlights - 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 »

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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Trump Nixes So-Called “Blacklisting” Executive Order

On Monday, March 27, President Trump issued an Executive Order revoking President Obama’s Executive Order 13673, Fair Pay & Safe Workplaces, a/k/a “Blacklisting” Rule. The bulk of the Rule had already been enjoined by a Texas…more

Blacklist, Congressional Review Act, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors

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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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Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the…more

State Taxes, Tax Amnesty, Tax Liability

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Opinions are Critical to Mitigating Patent Damages Post-Halo

Although the Supreme Court’s increased engagement with patent law over the last decade has generally been viewed as positive for parties accused of patent infringement, its recent decision in Halo Electronics, Inc. v. Pulse…more

Damages, Enhanced Damages, Halo v Pulse, Patent Infringement, Patents

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No Second Bite of the Patent Apple by Patent Owner, Says Supreme Court

On Tuesday, May 30, 2017, the Supreme Court issued a decision in Impression Prods., Inc. v. Lexmark Int’l, Inc., that eliminates a patentee’s patent rights in a product sold by the patentee. The Supreme Court held that “a…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

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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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The Impact of Sabine Oil & Gas Corp. on Gas Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York entered an order affirming a bankruptcy court ruling that permitted the debtors to reject certain gas gathering agreements, finding that…more

Bankruptcy Code, Commercial Bankruptcy, Debtors, Oil & Gas, Section 365

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Planning for Later Retirement Doesn't Always Work

Many people hope to make up for not saving enough for retirement by just saying: "I'll work past retirement age" or "I'll never retire". A recent report from the Employee Benefit Research Institute on its 2017 Retirement…more

Retirement, Retirement Plan

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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)

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

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Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two…more

ADA, DACA, Equal Protection, ERISA, FERPA

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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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New York City Approves Pay History Ban

On Wednesday, April 5, 2017, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. The law, known as Introduction 1253-A,…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

See all updates »

Extremely Low Interest Rates: Your Estate Planning Opportunity is NOW

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

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

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Delaware Becomes Third State to Ban Pay History Inquiries

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York…more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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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

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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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Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

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No “Relaxed” Pleading Standards for False Claims Act Relators, Says Sixth Circuit

In United States ex rel. Hirt v. Walgreen Company, the United States Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a pharmacy owner’s False Claims Act (“FCA”) lawsuit because he failed to plead his…more

False Claims Act (FCA), FRCP 9(b), Pharmacies, Pleading Standards, Relators

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Bio-Rad Stung by Nearly $8 Million Verdict in Whistleblower Lawsuit Brought by Former General Counsel

A jury recently found Bio-Rad Laboratories liable under the Sarbanes-Oxley Act and the Dodd-Frank Act for nearly $8 million in damages after the company’s alleged retaliatory firing of its former general counsel, Sanford Wadler…more

Corporate Counsel, Dodd-Frank, FCPA, Retaliation, Sarbanes-Oxley

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Eastern District of Pennsylvania Dismisses Bad Faith Claims in Two Recent Decisions Where Plaintiffs Made Only Conclusory Allegations of Bad Faith

Mittman v. Nationwide Affinity Insurance Co., No. 16-04658 (E.D. Pa. Apr. 10, 2017) - Jeremy Mittman’s car was rear-ended in a hit-and-run incident and both Mittman and his son sustained significant injuries. Mittman…more

Bad Faith, Breach of Contract, Common Law Claims, Covenant of Good Faith and Fair Dealing, Insurance Industry

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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

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

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

Estate Planning, Estate Tax

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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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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

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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

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

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Pennsylvania Court Rules That Switch To At-Will Work Doesn’t End Restrictive Covenant

On April 19, 2017, a Pennsylvania appeals court ruled that conversion to at-will employment after the end of a contract does not relieve employees of a non-solicitation provision. This opinion overturns a trial court decision…more

At-Will Employment, Corporate Counsel, Employment Contract, Non-Solicitation Agreements

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Delaware Becomes Third State to Ban Pay History Inquiries

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York…more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

See all updates »

Texas Appellate Court Reverses Award of Extracontractual Damages Holding Evidence was Legally Insufficient to Support Jury’s Bad Faith Findings

State Farm Lloyds v. Webb, No. 09-15-00408-CV, 2017 WL 927848 (Tex. Ct. App. Mar. 9, 2017) - After State Farm denied his claim for damages he contended were caused by a plumbing leak, Dennis Webb sued State Farm for, among…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Policy Terms

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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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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

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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

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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

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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

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

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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

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Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at…more

Colleges, Educational Institutions, Sexual Assault, Title IX, Universities

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

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SEC Continues to Fine Companies that Discourage Whistleblowers

The SEC recently slapped two companies with sizeable fines for allegedly impeding potential whistleblowers from communicating with the agency in violation of Rule 21F-17. These fines, coupled with the SEC’s recent enforcement…more

Enforcement Actions, Rule 21F, SEC, Severance Agreements, Whistleblowers

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

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

Annual Filings, Corporate Governance, Filing Requirements, Insurance Industry, NAIC

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After Escobar, Lower Courts Build On The “Materiality” Analysis for False Claims Act Lawsuits

It’s been just over a year since the Supreme Court’s seminal False Claims Act (“FCA”) decision Universal Health Servs., Inc. v. United States ex rel. Escobar. In the wake of Escobar, the lower courts are confronted with applying…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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D.C. Circuit Confirms NLRB Order Striking Down Confidentiality Agreement

On March 24, the D.C. Circuit upheld an order from the National Labor Relations Board that an employee confidentiality agreement was impermissibly overbroad in Banner Health v. NLRB. The confidentiality agreement was a condition…more

Confidentiality Agreements, NLRA, NLRB, Section 7

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

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

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

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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

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Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining…more

Department of Health, Marijuana, Medical Marijuana, State and Local Government

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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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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

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White Collar Watch - February 2014

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

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

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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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Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the…more

State Taxes, Tax Amnesty, Tax Liability

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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

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Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the…more

State Taxes, Tax Amnesty, Tax Liability

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

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

Attorney Generals, Investigations, Mortgages, Robo-Signing

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Supreme Court Limits Forum Shopping Options in Patent Litigation

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme Court…more

Food Manufacturers, Forum Shopping, Patent Infringement, Patent Litigation, Patents

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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

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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

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

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

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

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

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NY State Supreme Court Upholds New York City’s Sodium Warning Rule

On February 10, 2017, the New York State Supreme Court, Appellate Division (the court), upheld New York City’s (the City) sodium warning rule (the Rule). The Rule requires covered establishments (i.e., chain food service…more

FDA, Menu-Labeling, Nutrition Facts Labels, Restaurant Industry

See all updates »

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

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

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

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New Jersey 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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Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at…more

Colleges, Educational Institutions, Sexual Assault, Title IX, Universities

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 »

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

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Consider Filing U.S. Patent Applications Before March 16

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

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

See all updates »

Trump Nixes So-Called “Blacklisting” Executive Order

On Monday, March 27, President Trump issued an Executive Order revoking President Obama’s Executive Order 13673, Fair Pay & Safe Workplaces, a/k/a “Blacklisting” Rule. The bulk of the Rule had already been enjoined by a Texas…more

Blacklist, Congressional Review Act, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors

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

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

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

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Construction Law Advisory - 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

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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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Calculating Maximum Participant Loan Amounts

Most of us have struggled with the obtuse calculations required to determine maximum participant loan amounts. Perhaps in the future robotic AI Human Resource managers will not have this problem, but until then we all seem to…more

401k, Employee Benefits, ERISA, Retirement Plan

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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 »

U.S. Supreme Court issues 5th Amendment Takings Claim Decision

?On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that it…more

Common Ownership, Fifth Amendment, Murr v Wisconsin, Property Owners, SCOTUS

See all updates »

No Second Bite of the Patent Apple by Patent Owner, Says Supreme Court

On Tuesday, May 30, 2017, the Supreme Court issued a decision in Impression Prods., Inc. v. Lexmark Int’l, Inc., that eliminates a patentee’s patent rights in a product sold by the patentee. The Supreme Court held that “a…more

First Sale Doctrine, Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement

See all updates »

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