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
  • Agriculture
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
100+ Attorneys

NYC Hospital Agrees to Pay $4.75 Million as Part of a HIPAA Settlement

On February 6, 2024, the HHS Office for Civil Rights (“OCR”) announced a settlement with Montefiore Medical Center (“MMC”) for alleged HIPAA Security Rule violations and MMC agreed to pay $4.75 million and enter into a two-year…more

Compliance, Data Breach, Data Security, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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OSHA Revises Regulation to Permit Nonemployee Authorized Representatives on Site Inspections

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Third-Party

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Minnesota Set to Legalize Adult-Use Cannabis: Key Provisions You Need to Know

After extensive negotiating, party-line votes, and resolution of conflicts between the senate and house, Minnesota’s Adult-Use Cannabis bill (“HF 100” or “the bill”) is finally headed to the Governor’s desk. The Governor has…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Hemp, Marijuana, Marijuana Cultivation

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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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U.S. Supreme Court Resolves Circuit Split Concerning Title VII Actions Related to Workplace Transfers

On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if they…more

Civil Rights Act, Discrimination, Employee Transfers, Lateral Transfers, Muldrow v City of St Louis

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Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on…more

Antitrust Violations, Compliance, Damages, Liability, National Association of Realtors

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Make Sure Mom's Records Are Timely Provided; Two New HIPAA-Covered Entity Payments Announced

​The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions were…more

Covered Entities, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Medical Records, OCR

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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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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

Abbreviated New Drug Application (ANDA), Boehringer, Compliance, Corporate Counsel, DaimlerAG

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Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment

The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project

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Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement

On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that requires…more

MA Supreme Judicial Court, Marijuana, Medical Marijuana, Reimbursements, Workers' Compensation Claim

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Authorized Property and Business Interruption Insurers of Commercial Property in New Jersey to Include Statements That Policy May Not Cover Pandemics or Viruses

​On May 12, 2021, the Governor of New Jersey signed into law a bill that will require authorized insurers that provide property and business interruption insurance for commercial property in New Jersey to provide a summary to…more

Business Interruption, Commercial Insurance Policies, Commercial Property Owners, Insurance Claims, Insurance Industry

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Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward

DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and…more

Artificial Intelligence, Computer-Related Inventions, Inventions, Inventors, Patent Applications

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Cybersecurity in Video Games & Esports

In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming and Esports Practice chats with colleagues Sandy Bilus and Evan Foster from Saul Ewing’s Cybersecurity & Privacy group about data…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Supreme Court Holds That EPA Exceeded Its Authority in Proposing to Regulate Emissions Under Clean Air Act

On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan…more

Air Pollution, Clean Air Act, Clean Power Plan, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Pardon the French but Is COVID-19 Covered by the Force Majeure Clause of Your Construction Contract?

As the CDC issues guidelines progressively cautioning against attending activities with more than 1000, then 500, then 250, and now 50 people, it was only a matter of time before the coronavirus (COVID-19) impacted construction…more

Construction Contracts, Construction Industry, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Updated Title IX Rules: Analysis on Jurisdiction

Participating or Attempting to Participate - In order to file a formal complaint, the complainant must be “participating in or attempting to participate in” the recipient’s education program or activity at the time the formal…more

Educational Institutions, Jurisdiction, Sexual Harassment, Students, Title IX

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District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to Proceed Without Claim for Breach of Contract

Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) - In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode Island…more

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

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Construction Lender Found Liable for Payments to General Contractor Despite Lack of Contractual Relationship

A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a…more

Construction Contracts, Construction Industry, General Contractors, Lenders, Loans

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Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in…more

Commercial Property Owners, Commercial Tenants, Construction Industry, Educational Institutions, Energy Efficiency

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Three Key Takeaways From Our Business Continuity Steps for Rebounding From the COVID-19 Pandemic Webinar

1. Assess your company's current risks and understand the current environment. Remain flexible and adjust to changing circumstances, including employment rules and restrictions and local, state and national laws impacting your…more

Coronavirus/COVID-19, Corporate Governance, Risk Assessment

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SBA Issues PPP Loan Guidance Regarding M&A Transactions

The U.S. Small Business Association (the “SBA”) released on October 2, 2020 a Procedural Notice providing guidance as to a change of ownership of companies (a “PPP Borrower”) which received a loan (a “PPP Loan”) through the…more

Borrowers, Loans, Paycheck Protection Program (PPP), SBA

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What Trustees Need to Know About the Corporate Transparency Act

Introduction - The introduction to the final regulations issued under the Corporate Transparency Act (“CTA”) by the Financial Crimes Enforcement Network of the United States Treasury (“FinCEN”) states that, “[i]llicit actors…more

Beneficial Owner, Beneficiaries, Corporate Transparency Act, FinCEN, Reporting Requirements

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NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality…more

Contamination, Groundwater, NJDEP, Public Comment, Remediation

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Under Illinois Law an Owner, Not its Insurer, Is At Risk for the Misdeeds of the Owner’s Public Adjuster

In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public…more

Insurance Industry, Property Damage, Property Owners, Public Adjusters

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The Friday Five: Five ERISA Litigation Highlights - March 2024

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were…more

Denial of Benefits, Disability, Disability Benefits, Employee Retirement Income Security Act (ERISA), Federal Rules of Civil Procedure

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SCOTUS WADES INTO WOTUS: Landmark Supreme Court Decision Narrows the Scope of Wetlands Covered by the Clean Water Act

The Sacketts made history again in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell Sackett…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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COVID-19 Moratorium on Collection of Common Expense Assessments Lifted

Since the onset of the COVID-19 pandemic, Executive Orders issued by Illinois Governor JB Pritzker have prevented condominium and homeowner associations from effectively pursuing collection of unpaid assessments through the…more

Coronavirus/COVID-19, Eviction, Governor Pritzker, Homeowners Association (HOA), Moratorium

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A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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What Is a “Reporting Company” Under the New Federal Corporate Transparency Act?

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) will require all “Reporting Companies” to report to the federal Financial Claims Enforcement Network (“FinCEN”) information about their “beneficial owners”…more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, FinCEN

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Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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From Business Viability and Cashflow Analysis to First Payment Rights — Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry

Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Barry Chatz, a partner in the Firm’s Bankruptcy and Restructuring Practice, on a variety of financial issues…more

Agribusiness, Agricultural Sector, Beverage Manufacturers, Commercial Bankruptcy, Debt Restructuring

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A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies

On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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EPA Finalizes First National Drinking Water Standards for PFAS

The United States Environmental Protection Agency ("EPA") on April 10, 2024 issued the first-ever federal regulatory limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA's PFAS drinking water standards…more

CERCLA, Compliance, Contamination, Discharge of Pollutants, Drinking Water

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2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

​On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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Loot Boxes in Video Games (and Jordan vs. Kobe)

In this episode of "Lawyers With Game," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice sits down with the firm’s Sports and Entertainment Practice Leader Al Coleman to discuss various…more

Athletes, eSports, Loot Boxes, Michael Jordan, Video Games

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Every Beneficiary is Entitled to an Accounting

A beneficiary of an estate or a trust has the right to review the actions of the executor or trustee by asking for an accounting. To be prudent, an executor or trustee should provide the beneficiary with updates on the status…more

Beneficiaries, Estate Planning, Trustees, Trusts

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Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers

Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions…more

Construction Contracts, Construction Industry, Construction Project, Flow Down Clause, Subcontractors

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Highlights From the CDC Guidance for U.S. Ambulatory Care Settings During COVID-19

On April 7, 2020, the Centers for Disease Control and Prevention issued new guidance for outpatient and ambulatory care. While you should read the full guidance, Outpatient and Ambulatory Care Settings: Responding to Community…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Public Health, Risk Management

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NLRB Gives Workers and Unions an Early Holiday Gift with Four Significant Pro-Employee Decisions

Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to…more

Employee Rights, NLRB, Unfair Labor Practices, Unions

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Federal Funding Available for Schools and Local Governments Looking to Transition to Clean Energy Vehicles

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their…more

Clean Energy, Environmental Protection Agency (EPA), Federal Funding, Infrastructure Investment and Jobs Act (IIJA), School Districts

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Liability Uncertainty Remains for Businesses Even After COVID-19 Civil Immunity Laws Are Enacted

Nearly a dozen states have passed laws and even more have considered legislation purporting to grant immunity to businesses against lawsuits arising out of the spread of COVID-19…more

Coronavirus/COVID-19, Immunity, Liability, Negligence, Risk Mitigation

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GSK v. Teva - No Safe Harbor for Skinny Labels

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property…more

Patent Infringement, Patents, Pharmaceutical Industry, Pharmaceutical Patents, Popular

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A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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U.S. Department of Justice Announces $5.6 Billion in False Claims Act Recoveries During FY 2021

On February 1, 2022, the U.S. Department of Justice (DOJ) released its enforcement statistics for fiscal year 2021. The DOJ obtained over $5.6 billion in False Claims Act (FCA) recoveries in the fiscal year ending September 30,…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Health Care Providers

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The King of Donkey Kong: Conversations with a Video Game Industry Icon with Garry Kitchen, Legendary Video Game Designer and Expert Witness

In this episode of “Lawyers With Game,” hosts Darius Gambino and Angela de Cespedes from Saul Ewing’s Video Gaming & Esports Practice speak with video game pioneer Garry Kitchen. From reverse engineering the Atari and creating…more

Entertainment Industry, Gaming, Online Gaming, Video Games

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2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

​On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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Delaware Bankruptcy Local Rule Changes

The Delaware Bankruptcy Court has announced changes to its local rules effective February 1, 2019. For chapter 11 practitioners, the most noteworthy changes are to certain procedures applicable in main case motion practice and…more

Adversary Proceedings, Bankruptcy Court, Chapter 11, Federal Rules of Bankruptcy Procedure

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MLB Ticket Refunds Did Not Moot Claims

It has been several months since consumers began filing lawsuits against various companies for failing to issue refunds or changing their refund policies after the COVID-19 pandemic began. …more

MLB, Mootness, Refunds, Sports

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Four Key Takeaways From Our Compliance Considerations and Enforcement Trends Surrounding the CARES Act Webinar

1. With deteriorated economic conditions, high unemployment and a $2 trillion government stimulus, the current environment is ripe for fraud. The Department of Justice has prioritized swift action against those suspected of…more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Fraud

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EPA’S Divisive “Temporary Enforcement Policy” Set to Terminate at End of August 2020

On June 29, 2020, the U.S. Environmental Protection Agency (EPA) announced that its March 26, 2020 Temporary Policy Memo, which modified the Agency’s enforcement discretion in light of the sweeping impact of the COVID-19…more

Coronavirus/COVID-19, Environmental Policies, Environmental Protection Agency (EPA)

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“No Concrete Harm, No Standing”: The Long-Reaching Implications of the Supreme Court’s Decision in Ramirez v. TransUnion

On June 25, 2021, the U.S. Supreme Court delivered its decision in the closely watched class action case, Ramirez v. TransUnion LLC, No. 20-297. The Court’s 5 to 4 decision, authored by Justice Kavanaugh, promises to have…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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Chicago Zoning Ordinance Adds Air Quality Environmental Review Provisions

While not all states allow local governments to regulate air pollution, Illinois does. The City of Chicago, following the lead of several east coast municipalities and the City of Los Angeles, has recently established a bold…more

Air Pollution, Air Quality Standards, City of Chicago, Clean Air Act, Environmental Review

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USCIS Unveils Final Rule: H-1B Registration Overhaul

In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This…more

Filing Fees, H-1B, Immigration Procedures, USCIS, Visa Caps

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Sovereign Immunity Bars Involuntary Joinder of a Sovereign Party to a Suit, but the Suit May Proceed Without the Sovereign Party

On July 24, 2020, the Court of Appeals for the Federal Circuit ("Federal Circuit") in Gensetix, Inc. v. Baylor College of Medicine, No. 19-1424 (Fed. Cir. July 24, 2020) issued an opinion involving the interplay between state…more

Eleventh Amendment, Federal Rules of Civil Procedure, Life Sciences, Patent Infringement, Patent Litigation

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The Friday Five: Five ERISA Litigation Highlights - February 2024

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and prejudgment…more

Attorney's Fees, Denial of Benefits, Disabilities, Disability Benefits, Employee Benefits

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Major Changes in Maryland Labor & Employment Law

Several labor and employment laws affecting Maryland employers will go into effect on October 1, 2020. These laws include: tougher requirements under the State’s “Mini-WARN” Act; a CROWN Act, which expands the law to prohibit…more

Anti-Discrimination Policies, Employer Responsibilities, Equal Pay, Notice Requirements, State Labor Laws

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Supreme Court Issues Major Decision on Reach of Clean Water Act: Maui Decision Muddies the Waters of the NPDES Program

The United States Supreme Court has finally weighed in on whether discharging pollutants to groundwater constitutes a discharge to waters of the United States and triggers the need for a discharge permit under the federal Clean…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

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Key Amendments to Florida’s Construction Lien Law: An Overview

Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee…more

Construction Industry, Construction Liens, Florida, Notice Requirements

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Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will…more

Colleges, Department of Education, Educational Institutions, eSports, Executive Orders

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City of Philadelphia Enacts Emergency Housing Protection Act to Protect Renters During COVID-19 Emergency

The Philadelphia City Council came together recently to enact an unprecedented package of renter protections designed to assist Philadelphia’s renter community weather the COVID-19 storm and help brace the City for an inevitable…more

Coronavirus/COVID-19, Landlords, Relief Measures, Rent, Rental Property

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2023 Health Care Predictions

See below the Saul Ewing LLP Health Law Practice Group 2023 predictions from various members of our practice group! Our colleagues help interested parties in the health care delivery system with transactional, regulatory,…more

Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), Data Privacy, Department of Health and Human Services (HHS), Federal Trade Commission (FTC)

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Re: Query re stand-alone EB-5 Offering

The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in…more

EB-5, EB-5 Regional Centers, Foreign Investment, Investors

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Federal Agencies Seeking “Public” Reporting of Health Care Sector Anticompetitive Practices

On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of…more

Anti-Competitive, Competition, Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC)

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A Well-Planned Estate Can Quell Family Squabbles Before They Start

From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate…more

Beneficiaries, Estate Planning, Estate Tax, Wills

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USPTO Issues Cannabis Trademark Guidance, Opens the Door for Some Marks to be Registered

On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued "Examination Guide 1-19 - Examination of Marks for Cannabis and Cannabis Related Goods and Services after Enactment of the 2018 Farm Bill" (Guidance), outlining…more

Cannabidiol (CBD) oil, Controlled Substances Act, Farm Bill, Food and Drug Administration (FDA), Marijuana

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U.S. Supreme Court Decides Two Takings Cases in One Week

It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions…more

Building Permits, Condemnation, DeVillier v Texas, George Sheetz v County of El Dorado, Impact Fees

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What Developers Need to Know About New Philadelphia Tax Legislation Affecting Development Projects

Responding to calls from Philadelphia’s housing advocates to generate tax revenue for affordable housing, Philadelphia City Council adopted a trio of ordinances on December 2, affecting most new construction projects throughout…more

Affordable Housing, City Planning Departments, Construction Industry, Construction Project, Pennsylvania

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Cybersecurity in Video Games & Esports

In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming and Esports Practice chats with colleagues Sandy Bilus and Evan Foster from Saul Ewing’s Cybersecurity & Privacy group about data…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Florida Dials Back Telephone Solicitation Act

On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions filed…more

Auto-Dialed Calls, Florida, Robocalling, Solicitation, TCPA

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

See all updates »

Is Your Video Game Account a Bank Account? The CFPB Thinks So.

Mark April 4, 2024 in your calendar – it is the day that the Consumer Financial Protection Bureau (CFPB) set its sights on the video game industry. The CFPB issued a Report this week entitled "Banking in video game and virtual…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Collection, Financial Services Industry

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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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Five Key Takeaways From Our Contract Considerations Regarding Force Majeure in the COVID-19 Era Webinar

1. Force majeure is a contractual provision that excuses a party’s performance obligations due to certain events that are outside a party’s control. A force majeure provision must be included in the contract to be invoked; it is…more

Coronavirus/COVID-19, Force Majeure Clause

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What Insurers Should Know About the NAIC’s Recent Adoption of Its Enhanced Climate Survey

“Environmental, Social, and Governance,” often referred to as “ESG,” are core themes currently circulating throughout the insurance industry – and they are likely to remain an important focus of the insurance industry for many…more

Disclosure Requirements, Environmental Social & Governance (ESG), Insurance Industry, NAIC

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2021 Delaware General Corporation Law and Alternative Entity Amendments

On June 30, Delaware Governor John Carney signed into law the 2021 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised…more

Corporate Governance, Delaware, Limited Liability Company (LLC), Partnerships

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2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

​On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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Chicago Zoning Ordinance Adds Air Quality Environmental Review Provisions

While not all states allow local governments to regulate air pollution, Illinois does. The City of Chicago, following the lead of several east coast municipalities and the City of Los Angeles, has recently established a bold…more

Air Pollution, Air Quality Standards, City of Chicago, Clean Air Act, Environmental Review

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Four Key Takeaways from Saul Ewing Arnstein & Lehr’s Seminar on InsurTech Fundamentals and Compliance Strategies for Implementation

Demands from millennials, who now represent the largest living generation, combined with a variety of technology advancements—such as Big Data, blockchain and artificial intelligence—are driving innovation across all stages of…more

Artificial Intelligence, Big Data, Blockchain, Innovation, Insurance Industry

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Make Sure Mom's Records Are Timely Provided; Two New HIPAA-Covered Entity Payments Announced

​The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions were…more

Covered Entities, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Medical Records, OCR

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

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Recent Business Immigration Updates and Trends

For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically, save…more

Foreign Workers, H-1B, Immigration Procedures, Pilot Programs, US Department of State

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Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023

During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component…more

Construction Contracts, Construction Industry, Contractors, General Contractors, Virginia

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Four Key Takeaways from Saul Ewing's 2024 Energy & Environmental Conference

Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require…more

Carbon Emissions, Clean Energy, Climate Change, Energy Projects, Energy Sector

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COVID-19 Moratorium on Collection of Common Expense Assessments Lifted

Since the onset of the COVID-19 pandemic, Executive Orders issued by Illinois Governor JB Pritzker have prevented condominium and homeowner associations from effectively pursuing collection of unpaid assessments through the…more

Coronavirus/COVID-19, Eviction, Governor Pritzker, Homeowners Association (HOA), Moratorium

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DOJ Digging Deeper on Paycheck Protection Program Investigations

On October 11, the Department of Justice released a settlement agreement it entered into with a large, Florida-based automotive management company for False Claims Act violations based on an allegedly improper forgiveness of a…more

Department of Justice (DOJ), False Claims Act (FCA), Fraud, Paycheck Protection Program (PPP), Settlement Agreements

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The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Employer Liability Issues

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How Technology Has Transformed Today’s Agriculture Commodities Market

In this episode of "Don't Miss a Beet," host Kermit Nash, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark…more

Agricultural Sector, Commodities, USDA

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A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

The Friday Five: Five ERISA Litigation Highlights - September 2023

This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances under…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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Comment Period Open for EPA Settlement to Oversee and Enforce Pennsylvania's Clean Water Obligations

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water, Water Quality

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Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in…more

Commercial Property Owners, Commercial Tenants, Construction Industry, Educational Institutions, Energy Efficiency

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Five Key Takeaways From Our Contract Considerations Regarding Force Majeure in the COVID-19 Era Webinar

1. Force majeure is a contractual provision that excuses a party’s performance obligations due to certain events that are outside a party’s control. A force majeure provision must be included in the contract to be invoked; it is…more

Coronavirus/COVID-19, Force Majeure Clause

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Pennsylvania Medical Marijuana Permit Applications Now Live, Deadline to Submit is May 17

Earlier today, the Pennsylvania Department of Health (DOH), Office of Medical Marijuana (OMM), which oversees the Commonwealth’s medical marijuana program, initiated phase II of its licensing process. OMM is now accepting…more

Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

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Have Your Kids Moved Home? Here Is a Better Alternative to Changing the Locks

Your kitchen counter has become your child’s home office, your oriental rugs are covered with Legos that you can’t see, and a basketball hoop blocks your view of the TV…more

Gift Tax, Interest Rates, Intra-Family Loans

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Pennsylvania Supreme Court Holds Employees Can Sue Third Parties for Interfering with Existing At-Will Employment Relationships

In February 2024, the Pennsylvania Supreme Court issued a decision reconciling precedent in Pennsylvania courts regarding claims for tortious interference with employment relationships. Previously, Pennsylvania courts typically…more

At-Will Employment, Employees, PA Supreme Court, Supervisors, Third-Party

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

See all updates »

Cannabis Class Actions

​As the cannabis industry continues to grow and expand at a rapid pace, successful operators could become the targets of labeling class actions that have plagued the traditional food and beverage industry for decades, especially…more

Cannabis Products, Class Action, Manufacturers, Marijuana, Regulatory Oversight

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No Rent? No Problem. Not Quite: An Analysis of Massachusetts’ Moratorium on Foreclosures and Non-Essential Evictions

On Monday, April 20, 2020, Governor Baker of Massachusetts signed Bill H4647 (the “Act”). The Act places a moratorium on all “non-essential” evictions from properties used for residential purposes and those occupied by…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Baker

See all updates »

2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

​On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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The Friday Five: Five ERISA Litigation Highlights - January 2024

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management…more

Beneficiaries, Denial of Benefits, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Dismissals of COVID-19 Business Interruption Claims Upheld by Appellate Courts

Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language…more

Appellate Courts, Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Private Lawsuit May Move Forward Over Collection of Biometric Data

On Friday, January 25, 2019, the Illinois Supreme Court sharpened the teeth of the Biometric Information Privacy Act (the “Act”). The Court ruled in favor of protecting the privacy of an individual’s biometric identifiers,…more

Actual Injuries, Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy

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Re: Query re stand-alone EB-5 Offering

The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in…more

EB-5, EB-5 Regional Centers, Foreign Investment, Investors

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Federal Court Blocks Federal Contractor Mandatory Vaccination Rule From Taking Effect

On Tuesday, December 7, 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of the federal mandate that obligates many federal contractors and subcontractors to require their…more

Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees, Preliminary Injunctions

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CMS Expands Telehealth Benefits for Medicare Beneficiaries

On March 17, 2020, the Trump administration announced expanded Medicare telehealth coverage allowing Medicare beneficiaries greater access to health care services in the safety of their homes as a “temporary resource.”…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Infectious Diseases, Medicare, Telehealth

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Supreme Court Eliminates FTC’s Ability to Seek Restitution in Federal Court Actions Without First Using Its Administrative Process: Will There Be a Congressional Override?

On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining a…more

AMG Capital Management LLC v FTC, Enforcement Actions, Enforcement Authority, Federal Trade Commission (FTC), FTC Act

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Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial Demographics

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public magnet…more

Admissions, Discrimination, Diversity, Educational Institutions, SCOTUS

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2022 Health Care Predictions

​COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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ED Expands Oversight of Higher Education Service Providers

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for…more

Colleges, Dear Colleague Letter, Department of Education, Regulatory Oversight, Third-Party Service Provider

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OSHA Revises Regulation to Permit Nonemployee Authorized Representatives on Site Inspections

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Third-Party

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The Friday Five: Five ERISA Litigation Highlights - April 2024

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in…more

Coronavirus/COVID-19, Denial of Benefits, Disabilities, Disability Benefits, Employee Benefits

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Now Is the Time To Get In Compliance With the New DOL Rule on Independent Contractors

On January 10, 2024, the U.S. Department of Labor (“DOL”) unveiled the long-awaited Final Rule explaining when and how employers can qualify workers as independent contractors under federal law. The new Rule, which takes effect…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

See all updates »

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial Demographics

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public magnet…more

Admissions, Discrimination, Diversity, Educational Institutions, SCOTUS

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How to Survive the Zombie LIBOR Apocalypse

They’re out there now, in small towns and big cities, getting ready to rise up and wreck financial havoc on unsuspecting bond issuers and borrowers. Unless they’re sought out early and neutralized, the zombie LIBOR interest…more

Banking Sector, Borrowers, Interest Rates, Lenders, Libor

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Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

​On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Supreme Court Grants Cert in Amgen v. Sanofi on Question of Enablement

​On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to…more

Amgen, Certiorari, Patent Infringement, Patents, Pharmaceutical Industry

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Employee Retention Credit Moratorium Update: ERC Withdrawal Process Announced

On October 19, 2023, the IRS announced a special withdrawal process to help those who filed an Employee Retention Credit (“ERC”) claim and are concerned about its accuracy. This follows the September 14 announcement of a…more

Employee Retention, IRS, Tax Credits, Tax Planning, Tax Returns

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The Future of Virtual Reality in Sports with Bob Tetiva, Founder & CEO, Sense Arena

In this episode of “Lawyers With Game,” hosts Darius Gambino and Brian Landry from Saul Ewing’s Video Gaming & Esports Practice talk to Bob Tetiva, Founder and CEO of Sense Arena, a virtual reality training platform for elite…more

Digital Platforms, Entertainment Industry, eSports, Gaming, NHL

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The Friday Five: Five ERISA Litigation Highlights - October 2023

This month’s Friday Five explores recent decisions that range from the effect on disability benefits when medical records are not provided after two appeals, to a case that examines how an award of death benefits is determined,…more

Benefit Plan Sponsors, Death Benefits, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Mallory v. Norfolk Southern Railway—A Crossroads of Consent and Corporate Jurisdiction

​On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit occurred…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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The “Main Street Lending Program” for Small and Mid-Size Businesses Launches

The Federal Reserve Board (“FRB”) announced on June 15, 2020 the launch of its Main Street Lending Program (the “Lending Program”) for small and mid-size businesses. Registration for lenders opened on June 15th and the FRB…more

Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility

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HHS OCR Issues Its Most Recent HIPAA Annual Report and a Second Ransomware Settlement

On February 14, 2024, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued two reports to Congress as required by the Health Information Technology for Economic and Clinical Health…more

Corrective Action Plans (CAPs), Data Breach, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers

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Supreme Court: Compulsory Union Fees Violate Public Employees’ Free Speech Rights

On Wednesday, June 27, 2018, the U.S. Supreme Court ruled that public-sector employees who choose not to join the union that represents them cannot be forced to pay "agency fees" to cover the union's costs of representation. …more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

​On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming

In this episode of “Lawyers With Game,” hosts Darius Gambino and Leah Leyendecker from Saul Ewing’s Video Gaming & Esports Practice chat with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and…more

Basketball, Collective Bargaining Agreements (CBA), Corporate Counsel, NBA, Sponsorship Agreements

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Protecting Your Business From Recent Trend of Wiretap Lawsuits Targeting Companies With Consumer-Facing Websites

Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise - In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the…more

Data Collection, Privacy Policy, Web Tracking, Websites

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NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality…more

Contamination, Groundwater, NJDEP, Public Comment, Remediation

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SECURE Act Changes Rules for Retirement Planning

Congress has passed, and the President has signed, a spending bill that includes the SECURE Act, which makes a number of changes in retirement planning rules…more

Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement, Retirement Plan

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Proposed Changes to the Employee Retention Credit Filing Deadline: H.R. 7024 Would Sunset the ERC on January 31, 2024

Last week, the House Ways and Means Committee voted to advance the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) to the House floor. As drafted, H.R. 7024 would be funded entirely by limitations on the…more

Employee Retention, IRS, Popular, Proposed Legislation, Tax Credits

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Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Four Key Takeaways From the 11th Annual Saul Ewing Arnstein & Lehr Real Estate Conference

Innovation, creativity, economic outlooks and some transformative ideas for the future were the key themes discussed at Saul Ewing Arnstein & Lehr’s 11th Annual Real Estate Conference in Baltimore, which was attended by nearly…more

Commercial Real Estate Market, Innovation, Opportunity Zones, Popular, Real Estate Investments

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Top 20 Negotiation Tips: #8 and #9

In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips 8 and 9: “Get the other side to invest time” and “Select the negotiation…more

Buyers, Contract Negotiations, Sellers, Selling a Business

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New Castle County Reassessment Process Moving Along

New Castle County has announced that the firm conducting its countywide reassessment is now out in the field and inspecting properties, including commercial, office, and other non-residential properties. The goal is to inspect…more

Delaware, Property Owners, Property Tax, Property Valuation, Reassessments

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Supreme Court Narrows the Scope of the Computer Fraud and Abuse Act in Van Buren v. United States

On June 3, 2021, the Supreme Court drastically narrowed the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a federal statue prohibiting individuals from “exceeding authorized access” to computers and computer…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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2018 Delaware General Corporate Law Amendments

On July 23, 2018, Delaware Governor John Carney signed into law the 2018 amendments to the General Corporation Law of the State of Delaware, the Delaware Limited Liability Company Act and the Delaware Revised Uniform Partnership…more

Amended Regulation, Blockchain, Bylaws, Distributed Ledger Technology (DLT), General Corporation Law

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European Court of Justice Invalidates Privacy Shield and Holds Standard Data Protection Clauses to Be Valid (maybe!)

The Court of Justice of the European Union (ECJ) recently declared that the EU-U.S. Privacy Shield, used by thousands of businesses to transfer personal data between the EU and U.S., was invalid. [Case C-311/18, Data Protection…more

Data Protection, Data Transfers, EU, EU-US Privacy Shield, European Commission

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Is Your Video Game Account a Bank Account? The CFPB Thinks So.

Mark April 4, 2024 in your calendar – it is the day that the Consumer Financial Protection Bureau (CFPB) set its sights on the video game industry. The CFPB issued a Report this week entitled "Banking in video game and virtual…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Collection, Financial Services Industry

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CFPB’s Funding Mechanism Undergoes Constitutional Scrutiny at U.S. Supreme Court Argument

I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Importance of Constructing a Business Succession Plan

According to statistics, only about 30 percent of family businesses survive to the second generation, and only about 10 to 15 percent survive to the third generation…more

Business Succession, Buy-Sell Agreements, Family Businesses, Succession Planning

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Illinois Offering Amnesty on Delinquent Tax Debts

Illinois has enacted the Tax Delinquency Amnesty Act now in effect through November 15, 2019. This is an opportunity for taxpayers with delinquent Illinois taxes to pay the outstanding tax balances, and interest and penalties…more

Interest Payments, State Taxes, Tax Amnesty, Tax Debt, Tax Penalties

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School Is Out: Summer Compliance Reading for Athletics Programs

As colleges and universities and their athletics departments navigate the uncertainties of the COVID-19 pandemic, they should be aware of the NCAA’s guidance about offseason training, communications with current and prospective…more

Coronavirus/COVID-19, NCAA, Student Athletes, Universities

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Digital Assets and the UCC: Article 12 Legislative Updates

New amendments to the Uniform Commercial Code (UCC) have been proposed which relate to transactions involving cryptocurrencies, digital assets, and blockchain technology. The amendments add a new Article 12 to the UCC, which is…more

Cryptocurrency, Digital Assets, FinCEN, Non-Fungible Tokens (NFTs), Uniform Commercial Code (UCC)

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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 Trusts (GRATs), Interest Rates, Intra-Family Loans, IRS

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“Try, Try Again” – OSHA Introduces Yet Another Electronic Data Reporting Rule, But Still May Not Have Found Success

​"Oops, [it] did it again." Analogous to Ms. Spears's lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting…more

Corporate Counsel, Data Reporting, Employees, Employer Responsibilities, OSHA

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No Rent? No Problem. Not Quite: An Analysis of Massachusetts’ Moratorium on Foreclosures and Non-Essential Evictions

On Monday, April 20, 2020, Governor Baker of Massachusetts signed Bill H4647 (the “Act”). The Act places a moratorium on all “non-essential” evictions from properties used for residential purposes and those occupied by…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Baker

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New Tactic: Patent Jury Told COVID-19 Is Reason for Not Finding Liability

The cornonavirus (COVID-19) is also affecting the patent world—at least if you were a juror in Pacific Biosciences of California Inc. v. Oxford Nanopore Technologies Inc. in the District Court of Delaware this week…more

Coronavirus/COVID-19, Infectious Diseases, Intellectual Property Protection, Patents, Popular

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Court Holds COVID-19 Is Not a “Transitory and Minor” Disability Exempted From ADA Protections

In a case of first impression, the federal court in Matias v. Terrapin House, Inc., denied an employer’s motion to dismiss an employee’s suit that alleged she was terminated in violation of the Americans with Disabilities Act…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disabilities, Families First Coronavirus Response Act (FFCRA)

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Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Medicare Part A

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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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Energy and the Infrastructure Bill: How Will It Solve Permitting Gridlock and Help Nuclear Power and Hydrogen Industries?

The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for…more

Energy Sector, Hydropower, Infrastructure, Nuclear Power, Power Plants

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Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on…more

Antitrust Violations, Compliance, Damages, Liability, National Association of Realtors

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Massachusetts Enacts “College Closure” Law, Increasing Financial Monitoring of Higher Education Institutions

On November 14, 2019, Massachusetts Governor Charlie Baker signed An Act to Support Improved Financial Stability in Higher Education into law, enhancing the authority of the Massachusetts Board of Higher Education (“Board”) to…more

Colleges, Educational Institutions, Universities

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Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

​On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Navigating Delaware Bankruptcy Court’s New Approach of Telephonic and Videoconference Hearings: Four Key Takeaways

The United States Bankruptcy Court for the District of Delaware (the “Court”) is making significant procedural changes resulting from the COVID-19 pandemic: All hearings with witness testimony will be via videoconference, with…more

Bankruptcy Court, Coronavirus/COVID-19, Videoconference

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Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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CareDx v. Natera – Extrinsic Evidence Fails to Nullify Applicant’s Prior Admissions

The case concerns three Stanford patents licensed and asserted by CareDx: U.S. Patent Numbers 8,703,652 (asserted against Natera and Eurofins), and 9,845,497 and 10,329,607 (asserted against Natera). Natera and Eurofins each…more

Patent Applications, Patent Invalidity, Patents

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New Jersey Department of Community Affairs Opens 60-Day Comment Period for Forthcoming Warehouse Solar Regulations

On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform…more

Comment Period, Construction Permits, New Jersey, Solar Energy, Utilities Sector

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How Technology Has Transformed Today’s Agriculture Commodities Market

In this episode of "Don't Miss a Beet," host Kermit Nash, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark…more

Agricultural Sector, Commodities, USDA

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

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OSHA Revises Regulation to Permit Nonemployee Authorized Representatives on Site Inspections

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Third-Party

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

5 Tax Planning Considerations Before Moving to the United States

1. PLAN AHEAD. The United States taxes its citizens and tax residents on their worldwide income. This includes those who are a permanent resident, a student, a temporary worker or even those who become an accidental tax resident…more

Income Taxes, Internal Revenue Code (IRC), Sanctions, Tax Planning

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A Little Known Secret of the CARES Act – Increased Ability for Companies to Seek Relief Under the Newly Enacted Small Business Reorganization Act

As a result of COVID-19, it is likely that there will be a tsunami of restructuring activity this year and for the near future. Typically, when a business was in financial distress, it would first try out-of-court workout…more

CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures

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Name, Image, Likeness: A Recap and What We’re Watching

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain as…more

College Athletes, Compensation, Educational Institutions, Name and Likeness, NCAA

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Groundbreaking Sex Trafficking Lawsuits Serve As A Warning to Hotel Owners and Operators

Two women recently filed lawsuits against several owners and operators of hotels in Philadelphia, alleging that the hotels had failed to protect them against being victims of sex trafficking. Human trafficking is a widespread…more

Hospitality Industry, Hotels, Human Trafficking, Policies and Procedures, Sex Trafficking

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Saul on ESG: Trends & Updates (October 2023)

​This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes on…more

CFTC, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions

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New York City Enacts New COVID-19 Legislation Gutting Commercial Lease Guaranties

As executives and legislatures across the country continue to take varying approaches to soften the economic and public health toll that COVID-19 leaves in its wake, the New York City Council has met the novel COVID-19 virus…more

Commercial Leases, Coronavirus/COVID-19

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FTC Announces 2024 Hart-Scott-Rodino Threshold Increases

The Federal Trade Commission (FTC) announced its annual update to the Hart-Scott-Rodino (HSR) filing thresholds. The new thresholds will take effect 30 days after publication in the Federal Register and will remain in effect…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, The Clayton Act

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Maryland’s High Court Finally Confirms Fiduciary Duty Claims as Independent Causes of Action

Ending almost 23 years of confusion, the Maryland Court of Appeals, in an opinion issued on July 14, 2020, unequivocally ruled that Maryland recognizes an independent cause of action for breach of fiduciary duty, erasing any…more

Breach of Duty, Cause of Action Accrual, Fiduciary Duty, Maryland Court of Appeals

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Amgen v. Sanofi Ruling: Supreme Court Upholds Existing Legal Framework for Patent Enablement

​On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The…more

Amgen v Sanofi, Life Sciences, Patent Act, Patent Litigation, Patents

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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DOJ’s Website Accessibility NPRM: A Must Read for Higher Education, Public Entities and Many Businesses

On August 4, 2023, the U.S. Department of Justice (“DOJ”) published in the Federal Register a Notice of Proposed Rulemaking (“NPRM”) on Accessibility of Web Information and Services of State and Local Government Entities. The…more

Colleges, Compliance, Department of Justice (DOJ), Health Care Providers, Mobile Apps

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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NJDEP Releases Two Studies Discussing Precipitation Impacts Due to Climate Change, Providing a Scientific Basis for Proposed Regulations

Two studies confirming the increase of precipitation across New Jersey over the last 20 years due to climate change will provide a scientific basis for the continuing development of an initiative, known as Protecting Against…more

Climate Change, New Jersey, NOAA, Proposed Regulation

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New Cybersecurity Guide Released

On February 16, 2024, the HHS Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a final version of the cybersecurity resource guide (the “Guide”) with respect to the HIPAA…more

Breach Notification Rule, Cybersecurity, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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2021 Health Care Predictions

One year ago – in early 2020 – most of us did not know what COVID-19 meant (co-Corona; vi-Virus; d-disease; 19 – 2019); had no idea how to “zoom”; did not know what social distance meant; and, were largely unfamiliar with…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Data Protection, Data Security, Department of Health and Human Services (HHS)

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Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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EEOC Issues Proposed Regulations Implementing the Pregnant Workers Fairness Act

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s…more

Americans with Disabilities Act (ADA), Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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X Marks The Spot

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions…more

Brand, Logos, Online Platforms, Trademark Registration, Trademarks

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College Esports and Title IX With Jeffrey Levine, Assistant Clinical Professor, Department of Sport Business and Program Lead – Esport Business BSBA, Drexel University

College esports programs are growing more and more each year. In this episode of “Lawyers With Game” hosts Darius Gambino and Amy Piccola from Saul Ewing’s Video Gaming and Esports Practice talk with Professor Jeffrey Levine…more

Equal Opportunities, eSports, Title IX, Universities, Video Games

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What Insurers Should Know About the NAIC’s Recent Adoption of Its Enhanced Climate Survey

“Environmental, Social, and Governance,” often referred to as “ESG,” are core themes currently circulating throughout the insurance industry – and they are likely to remain an important focus of the insurance industry for many…more

Disclosure Requirements, Environmental Social & Governance (ESG), Insurance Industry, NAIC

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Changes To Buy American Policies

Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services…more

Biden Administration, Buy American Act, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR)

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

FTC Proposes Rule Banning Non-Compete Agreements Nationwide

On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a…more

Federal Trade Commission (FTC), Non-Compete Agreements, NPRM, Restrictive Covenants

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

See all updates »

Proposed Tax Changes Shorten the Window for Using the Current Gift and Estate Tax Exemption Before it Drops

In 2018 the gift and estate tax exemption was doubled from $5 million to $10 million (per person). The exemption is adjusted for inflation every year. In 2021 the exemption as adjusted for inflation is $11.7 million. The…more

Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption, SLAT

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New Jersey Imposes New Employment - Related Obligations on Health Care Entities Undergoing Change in Control

Effective November 16, 2022, New Jersey will impose additional requirements on both the buyer and seller when a ‘health care entity’ undergoes a change in control. In accordance with S315, which was enacted on August 18, 2021,…more

Change of Ownership, Collective Bargaining, Employer Responsibilities, Healthcare Facilities

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U.S. Supreme Court Decides Two Takings Cases in One Week

It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions…more

Building Permits, Condemnation, DeVillier v Texas, George Sheetz v County of El Dorado, Impact Fees

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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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FCC Order to Streamline Deployment of Small Cells and Next-Gen Infrastructure

The Federal Communications Commission (FCC) issued an Order on September 26, 2018 that is designed to help small cell deployment and meet the rapidly increasing demand for wireless services…more

FCC, Telecommunications, Wireless Industry

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U.S. Supreme Court Resolves Circuit Split Concerning Title VII Actions Related to Workplace Transfers

On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if they…more

Civil Rights Act, Discrimination, Employee Transfers, Lateral Transfers, Muldrow v City of St Louis

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How Restaurants Are Adapting to the Post-COVID World

In this episode of "Don't Miss a Beet," host Jonathan Havens, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Stephen Ravin, a partner in the firm’s Bankruptcy and Restructuring Practice,…more

Beverage Manufacturers, Coronavirus/COVID-19, Food Manufacturers, Food Supply

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U.S. Supreme Court Strikes OSHA's Vaccine Mandate

National Fed’n of Indep. Businesses v. Department of Labor, Occupational Safety and Health Admin., Nos. 21A244 and 21A247 (U.S. Jan. 13, 2022)(per curiam), In a per curiam opinion issued by Chief Justice Roberts, Justices…more

Coronavirus/COVID-19, Employer Mandates, OSHA, SCOTUS, Stays

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PWFA Final Rule

Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a final rule providing guidance on the Pregnancy Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19 and…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy, Pregnant Workers Fairness Act

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What Is a “Beneficial Owner” Under the New Federal Corporate Transparency Act?

For all “reporting companies” created or registered on or after January 1, 2024, information concerning the “beneficial owners” of the reporting company must be reported to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Repeated Discovery Failures Can Lead to the Ultimate Sanction of a Default Judgment

It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more…more

Default Judgment, Discovery, Discovery Disputes, Sanctions

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Keeping Your Workplace Safe: New OSHA National Emphasis Program Targets Workplace Falls

On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The…more

Construction Industry, Department of Labor (DOL), OSHA, Workplace Hazards, Workplace Injury

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Another NLRB ALJ Holds That Displaying “Black Lives Matter” Messaging at Work Is Not Protected by the NLRA

In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its dress…more

Administrative Law Judge (ALJ), Black Lives Matter, NLRA, NLRB, Race Discrimination

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University Trademarks & Alumni Associations: How Far Is Too Far?

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been…more

Brand, College Athletes, Colleges, Compensation, Educational Institutions

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Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on…more

Antitrust Violations, Compliance, Damages, Liability, National Association of Realtors

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Supreme Court Affirms Congressional Subpoena Power but Remands for Further Review

In yesterday’s decision in Trump v. Mazars, USA, the Supreme Court reaffirmed that Congress has the power to conduct investigations in support of its power to consider and enact legislation. However, it relied on historical…more

Appeals, Congressional Committees, Congressional Subpoenas, Donald Trump, Executive Branch

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Pennsylvania Joins 25 Other States in Adopting a Corporate Governance Annual Disclosure (Cgad) Filing Requirement: What you Should Know & be Doing now to Prepare for This Filing

On October 24, 2018, Pennsylvania CGAD legislation (SB 1205) was signed into law. Pennsylvania now joins 25 other states in enacting a CGAD filing requirement based on the NAIC Corporate Governance Annual Disclosure Model Act…more

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

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Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers

On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an…more

Construction Contracts, Construction Industry, Construction Project, Contractors, General Contractors

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CFPB's New Digital Marketing Rule

The CFPB is now ready to directly regulate the purveyors of digital consumer marketing. The CFPB new rule clarifies when digital marketers and financial products sellers are subject to consumer protection regulations. Digital…more

Advertising, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Internet Marketing

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Energy and the Infrastructure Bill: How Will It Solve Permitting Gridlock and Help Nuclear Power and Hydrogen Industries?

The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for…more

Energy Sector, Hydropower, Infrastructure, Nuclear Power, Power Plants

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PA Commonwealth Court Says Pending Ordinance Doctrine Does Not Apply to Pending Land Development Plans

A Pennsylvania municipality cannot deny a landowner permission to build a warehouse because it advertised a new zoning map before a land development application was filed, the Pennsylvania Commonwealth Court ruled on October 27,…more

Land Developers, Real Estate Development, Urban Planning & Development

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v…more

Confidential Information, Former Employee, Intellectual Property Protection, Maryland, Misappropriation

See all updates »

What New York Employers Need to Know About Pay Frequency Requirements for Hourly and Manual Workers

New York employers who pay their non-exempt, hourly employees on a bi-weekly or semi-monthly basis may need to think again based on recent court decisions interpreting the definition of “manual worker” under the New York Labor…more

Employee Definition, Employer Liability Issues, NYDOL, State Labor Laws, Wage and Hour

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Digital Assets and the UCC: Article 12 Legislative Updates

New amendments to the Uniform Commercial Code (UCC) have been proposed which relate to transactions involving cryptocurrencies, digital assets, and blockchain technology. The amendments add a new Article 12 to the UCC, which is…more

Cryptocurrency, Digital Assets, FinCEN, Non-Fungible Tokens (NFTs), Uniform Commercial Code (UCC)

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State Business Interruption Coverage Bills Likely Contain Constitutional Infirmities

We have recently learned that a number of states were or are considering legislation to mandate that insurers who issued policies to small businesses in those states must accept and cover risks that were not within the scope of…more

Business Interruption, Contracts Clause, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

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Public Companies Quarterly Update (Q1 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Board of Directors, Climate Change, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Four Key Takeaways from Saul Ewing's 2024 Energy & Environmental Conference

Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require…more

Carbon Emissions, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Supreme Court Grants Cert in Amgen v. Sanofi on Question of Enablement

​On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to…more

Amgen, Certiorari, Patent Infringement, Patents, Pharmaceutical Industry

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Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII…more

Educational Institutions, Gender Identity, Sex Discrimination, Sexual Harassment, Sexual Orientation Discrimination

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Delaware Moves Forward With Legislation to Reduce the Time Associated With Obtaining Approvals for Development Projects

​After a significant amount of delay, House Bills 102 and 104, part of the package of bills referred to as "Ready in 6" were passed by the Delaware General Assembly and signed by the Governor. These bills make modifications to…more

Community Development, Construction Industry, Construction Project, Delaware, Economic Development

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Proposed Changes to the Employee Retention Credit Filing Deadline: H.R. 7024 Would Sunset the ERC on January 31, 2024

Last week, the House Ways and Means Committee voted to advance the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) to the House floor. As drafted, H.R. 7024 would be funded entirely by limitations on the…more

Employee Retention, IRS, Popular, Proposed Legislation, Tax Credits

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New Jersey Tax Amnesty Program Begins November 15, 2018

New Jersey’s tax amnesty program began November 15, 2018. The program runs through January 15, 2019, during which time eligible taxpayers can disclose and pay any outstanding taxes administered by the New Jersey Division of…more

State Taxes, Tax Amnesty, Tax Liability, Tax Penalties

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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 Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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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 General, Investigations, Mortgages, Robo-Signing

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Federal Circuit Rehearing Denial in Forum Selection Ruling Is Good News for Patent Owners

The Federal Circuit recently denied a petition for rehearing and a petition for rehearing en banc of a precedential panel decision regarding forum selection clauses. Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.[FK1] ,…more

Forum Selection, Inter Partes Review (IPR) Proceeding, Patent Ownership, Patent Trial and Appeal Board, Patent Validity

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Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v…more

Confidential Information, Former Employee, Intellectual Property Protection, Maryland, Misappropriation

See all updates »

2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

See all updates »

PJM Revisions to MOPR Go Into Effect

At the Saul Ewing Arnstein & Lehr Symposium in Houston in March 2020, a session was dedicated to reviewing steps the Federal Energy Regulatory Commission had taken to expand the Minimum Offer Price Rule (MOPR) applicable in…more

Electricity, Energy Market, Energy Sector, FERC, Tariffs

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Can the Government Rewrite My Policy? Legislative Attempts to Expand Business Interruption Insurance in Response to the COVID-19 Pandemic

As businesses are forced to close their doors, lay off staff, and make other difficult decisions, Congress and legislatures around the United States are seeking to come up with solutions…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Terms

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2024 Health Care Predictions

Happy 2024!  The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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, Environmental Protection Agency (EPA), Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

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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, Food and Drug Administration (FDA), Over-the-Counter Sales, Wireless Devices

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2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

​On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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Corporate Transparency Act: What Community Associations Must Know

The federal Corporate Transparency Act (“CTA”) requires that corporations submit a report to the Financial Crimes Enforcement Network (“FinCEN”) before January 1, 2025, with information on the persons who exercise substantial…more

Condominium Associations, Corporate Transparency Act, FinCEN, Homeowners Association (HOA), Illinois

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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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The Friday Five: Five ERISA Litigation Highlights - April 2024

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in…more

Coronavirus/COVID-19, Denial of Benefits, Disabilities, Disability Benefits, Employee Benefits

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HUD Secretary’s March 7, 2023 Memorandum Concerning “Junk Fees” and Tenant Screening Reports

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Four Labor and Employment Issues Impacting Higher Education

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OCR Resolution Agreement Underscores Obligations Regarding Institutional Support for Pregnant Students

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California Flexes Its Extra-Territorial Muscles on Noncompete Clauses

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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