Saul Ewing LLP

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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OCR to Investigate More HIPAA Breaches Affecting Fewer Than 500 Individuals

On August 18, 2016, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced plans to expand its investigations of reported breaches of the Health Insurance Portability and…more

Breach Notification Rule, Data Breach, HHS, HIPAA, OCR

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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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OCR to Investigate More HIPAA Breaches Affecting Fewer Than 500 Individuals

On August 18, 2016, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced plans to expand its investigations of reported breaches of the Health Insurance Portability and…more

Breach Notification Rule, Data Breach, HHS, HIPAA, OCR

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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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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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Change in permitting process for companies conducting hydrostatic testing in Pennsylvania

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

Oil & Gas, Permits, Pipelines, Storage Tanks

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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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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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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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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 Companies, Operating Agreements, Real Estate Development, Series LLC

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Treasury Proposes Regulations That Will Limit Valuable Asset Transfer Techniques for Families

On August 2, 2016, the Internal Revenue Service released proposed regulations under section 2704 of the Internal Revenue Code, which could cause dramatic changes to valuation discounts - one of the most valuable transfer…more

Estate Tax, Generation-Skipping Transfer, Internal Revenue Code (IRC), IRS, Proposed Regulation

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 »

NLRB Reverses Over a Decade of Precedent: Student Employees Entitled to NLRA Protection

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW that…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

See All Updates »

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 »

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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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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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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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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Hospice Care Eligible Patient Certification is a “Condition of Payment” Under False Claims Act

In order to state a cognizable claim under the False Claims Act (“FCA”) on a false certification theory, a plaintiff must allege that a defendant failed to comply with a federal statute or regulation that was a “condition of…more

Certifications, False Claims Act (FCA), Health Care Providers, Inpatient Billing, Whistleblowers

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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 »

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 »

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

See All Updates »

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

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

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

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FTC Finds Laboratory Security Practices Caused Consumer Harm

On July 28, 2016, a panel (the “FTC Panel”) of three acting Federal Trade Commission (“FTC”) commissioners issued an opinion that found that LabMD, Inc. (“LabMD”) failed to implement reasonable security measures to protect…more

ALJ, Business Associates, Covered Entities, Data Security, FTC

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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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ERISA self-insured health plan not required to cover same sex spouses

In Roe v. Empire Blue Cross Blue Shield, No. 12–cv–04788 (NSR), 58 EBC 1077, 2014 WL 1760343 (S.D. N.Y. May 1, 2014), the United States District Court for the Southern District of New York held a self-insured health plan that…more

Blue Cross, ERISA, Insurance Industry, Retirement Plan, Same-Sex Marriage

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Pennsylvania Supreme Court Rules that Words Alone Not Sufficient to Support Non-Compete Covenant

Earlier this week, the Pennsylvania Supreme Court rejected a challenge to the longstanding requirement that post-employment restrictive covenants must be supported by actual consideration to be enforceable under Pennsylvania…more

Hiring & Firing, Non-Compete Agreements, PA Supreme Court, Pre-Employment 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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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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OSHA Issues New Requirements for Electronic Reporting of Workplace Injuries and Illnesses

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) unveiled a final rule requiring electronic reporting of workplace injuries and illnesses, requiring employers to inform workers of their right to access…more

Electronic Filing, Employer Liability Issues, OSHA, Recordkeeping Requirements, Workplace Injury

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

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

FATCA, FFI, Insurance Brokers, Insurance Industry, Popular

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NAIC Exposes Second Draft of Insurance Data Security Model Law

On August 17, 2016, the National Association of Insurance Commissioners’ Cybersecurity Task Force of the Executive Committee exposed for comment the second draft of the Insurance Data Security Model Act. The second exposure…more

Cybersecurity, Data Security, Insurance Industry, ISAOs, NAIC

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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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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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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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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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New Jersey Enacts Uniform Trust Code

On July 17, 2016, New Jersey’s version of the Uniform Trust Code became effective. The objective of the Uniform Trust Code, which has now been enacted in approximately 30 states, is to provide more certainty for beneficiaries,…more

Beneficiaries, Estate Planning, Trustees, Uniform Trust Code

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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

See All Updates »

Bard Whistleblower Settlement Highlights Potential Risks for Higher Education Institutions

Bard College recently entered into an agreement with the United States to pay $4 million to settle a whistleblower suit alleging violations of the False Claims Act. Bard is a non-profit liberal arts institution founded in 1860…more

Accreditation, Colleges, False Claims Act (FCA), Settlement, Whistleblowers

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Supreme Court Rules that Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled that a defendant’s good-faith belief in the invalidity of a patent is not a defense to an induced infringement claim. The Court also affirmed its previous holdings that an induced infringement claim…more

Cisco v CommilUSA, Good Faith, Induced Infringement, Patent Infringement, Patent Invalidity

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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 »

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

See All Updates »

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

See All Updates »

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

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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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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Kmart Settlement Shows Breadth of Healthcare Practices Government Says Violate False Claims Act

A recent settlement by retailer Kmart Corp. illustrates the breadth of practices in the healthcare space that the government considers to be illegal kickbacks that violate the False Claims Act (FCA). The U.S. Department of…more

Affordable Care Act, Co-payments, Coupons, DOJ, False Claims Act (FCA)

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Businesses Locating in Expanding Keystone Innovation Zone May Qualify for Tax Credit

Philadelphia Mayor Jim Kenney recently announced a significant expansion of the University City Keystone Innovation Zone which is intended to attract new businesses into Center City Philadelphia. Now may be the time to explore…more

Business Development, Corporate Taxes, Income Taxes, Limited Liability Companies, Limited Liability Partnerships

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Federal Circuit Says Content-Filtering Claims are Not Invalid Under Alice, Provides Guidance on Considering Patent Eligibility Based on “Ordered Combination of Limitations”

The Federal Circuit Court of Appeals has issued a decision in BASCOM Global Internet Services, Inc., v. AT&T Mobility LLC, No. 2015-1763 (Fed. Cir. June 27, 2016) finding that asserted content-filtering system claims are not…more

AT&T, CLS Bank v Alice Corp, Patent Infringement, Software Patents, USPTO

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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 Proceedings, 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

See All Updates »

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

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

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

See All Updates »

Finally A Clear Ruling On A Much Needed Bankruptcy Preference Defense

The United States Bankruptcy Court for the District of Delaware has finally clarified that the administrative expense claim for goods delivered post-bankruptcy filing may be set off – dollar for dollar – to reduce any open…more

Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Commercial Bankruptcy, Corporate Counsel

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Treasury Proposes Regulations That Will Limit Valuable Asset Transfer Techniques for Families

On August 2, 2016, the Internal Revenue Service released proposed regulations under section 2704 of the Internal Revenue Code, which could cause dramatic changes to valuation discounts - one of the most valuable transfer…more

Estate Tax, Generation-Skipping Transfer, Internal Revenue Code (IRC), IRS, Proposed Regulation

See All Updates »

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

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 »

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 »

Seventh Circuit Makes the Case for Covering Sexual Orientation Under Title VII—Then Punts to the Supreme Court

A former adjunct teacher who accused her employer of sexual orientation discrimination lost her case because federal law does not offer protection for employees who say they are discriminated against on that basis. A panel of…more

Civil Rights Act, EEOC, Sexual Orientation, Sexual Orientation Discrimination, Title VII

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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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NLRB Reverses Over a Decade of Precedent: Student Employees Entitled to NLRA Protection

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW that…more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

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

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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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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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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

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SEC Awards Millions to Two More Whistleblowers

On May 13th and 17th, 2016, the U.S. Securities and Exchange Commission (SEC) announced that it had given awards of over $3.5 million and $5 million to two different whistleblowers. The Dodd-Frank Wall Street Reform and Consumer…more

Dodd-Frank, SEC, Whistleblower Awards, Whistleblowers

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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

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

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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 Proceedings, 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

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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

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 »

Finally A Clear Ruling On A Much Needed Bankruptcy Preference Defense

The United States Bankruptcy Court for the District of Delaware has finally clarified that the administrative expense claim for goods delivered post-bankruptcy filing may be set off – dollar for dollar – to reduce any open…more

Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Commercial Bankruptcy, Corporate Counsel

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 Companies, Operating Agreements, Real Estate Development, Series LLC

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 »

Virginia Supreme Court Holds that Individuals May Be Held Personally Liable for Wrongful Discharges

States are beginning to permit wrongful discharge claims against individuals, putting supervisors and managers at risk for personal liability. …more

See All Updates »

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

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 »

Finally A Clear Ruling On A Much Needed Bankruptcy Preference Defense

The United States Bankruptcy Court for the District of Delaware has finally clarified that the administrative expense claim for goods delivered post-bankruptcy filing may be set off – dollar for dollar – to reduce any open…more

Bankruptcy Court, Bankruptcy Preferences, Chapter 11, Commercial Bankruptcy, Corporate Counsel

See All Updates »

Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well

Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL 360875…more

Cause of Action Accrual, Construction Industry, Construction Litigation, Contract Disputes, Design Defects

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 »

New Jersey Joins Growing Number of States in Implementing Measures to Curb Student Suicide

On August 1, 2016, New Jersey Gov. Chris Christie signed the Madison Holleran Suicide Prevention Act, which requires institutions of higher education to ensure that mental health counselors are available to students 24 hours a…more

Educational Institutions, Students, Suicide, 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 »

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

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

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

See All Updates »

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

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

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

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

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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

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

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Philadelphia Enacts Soda Tax

On Thursday, June 16, 2016, the Philadelphia City Council passed Bill No. 16017601, known colloquially as the “Soda Tax.” This ordinance imposes a tax of 1.5 cents per ounce on any sugar- or artificially-sweetened beverage sold…more

Distributors, Local Taxes, Retailers

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 »

Philadelphia Enacts Soda Tax

On Thursday, June 16, 2016, the Philadelphia City Council passed Bill No. 16017601, known colloquially as the “Soda Tax.” This ordinance imposes a tax of 1.5 cents per ounce on any sugar- or artificially-sweetened beverage sold…more

Distributors, Local Taxes, Retailers

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

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Civil Penalties for False Claims May Nearly Double, Raising the Stakes for Qui Tam Suits

Federal agencies are now promulgating regulations nearly doubling the per claim civil penalty for False Claims Act violations. The Bipartisan Budget Act of 2015 requires federal agencies to implement a “catch up adjustment”…more

Bipartisan Budget, Civil Monetary Penalty, False Claims Act (FCA), HHS, Qui Tam

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

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Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the…more

Corporate Counsel, Data Breach, Dismissals, Failure To State A Claim, False Claims Act (FCA)

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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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

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

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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

See All Updates »

New Jersey Joins Growing Number of States in Implementing Measures to Curb Student Suicide

On August 1, 2016, New Jersey Gov. Chris Christie signed the Madison Holleran Suicide Prevention Act, which requires institutions of higher education to ensure that mental health counselors are available to students 24 hours a…more

Educational Institutions, Students, Suicide, 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 »

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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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

See All Updates »

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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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 Says Content-Filtering Claims are Not Invalid Under Alice, Provides Guidance on Considering Patent Eligibility Based on “Ordered Combination of Limitations”

The Federal Circuit Court of Appeals has issued a decision in BASCOM Global Internet Services, Inc., v. AT&T Mobility LLC, No. 2015-1763 (Fed. Cir. June 27, 2016) finding that asserted content-filtering system claims are not…more

AT&T, CLS Bank v Alice Corp, Patent Infringement, Software Patents, USPTO

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Contact

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

  • (215) 972-7777
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Areas of Practice
  • Antitrust & Trade Regulation
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Other U.S. Locations
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100+ Attorneys

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