Saul Ewing LLP

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 1)

On May 18, 2016, the Department of Labor (DOL) unveiled the final version of its highly anticipated overtime regulations. In its first increase since 2004, the standard minimum salary level for exemption from overtime under the…more
| Labor & Employment Law

Supreme Court Considers Circuit Split On The “Implied Certification” Theory Under the False Claims Act

On April 19, 2016, the United States Supreme Court heard oral argument on the viability and breadth of the “implied certification” theory of the False Claims Act (“FCA”). The implied certification theory supports FCA liability…more
| Civil Procedure, Government Contracting, Health

SEC Awards Millions to Two More Whistleblowers

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

Whistleblower Protection in New Federal Trade Secrets Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), the long-proposed legislation that establishes a federal trade secrets law. The DTSA amends the Economic Espionage Act — which currently only…more
| Intellectual Property, Labor & Employment Law

Federal Circuit Limits Applicability of “Abstract Idea” to Claims Directed to “Improvement to Computer Functionality Itself”

The Federal Circuit has issued a decision in Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. May 12, 2016) reversing (in-part) a district court decision and, instead, holding that claims directed to “self-referential”…more
| Intellectual Property, Science, Computers, & Technology

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

A Pennsylvania federal district judge recently denied injunctive relief that would have blocked a merger between Penn State Hershey Medical Center and PinnacleHealth System. The Court’s denial of injunctive relief was built…more
| Antitrust & Trade Regulation, Business Organizations, Health, Mergers & Acquisitions

New Overtime Rule Increases Minimum Salary Level by Over 100 Percent

On May 18, 2016, the Department of Labor (DOL) unveiled its long-awaited overtime regulations. In its first increase since 2004, the minimum salary level for exemption from overtime has been increased by just over 100 percent,…more
| Labor & Employment Law

OSHA Issues New Requirements for Electronic Reporting of Workplace Injuries and Illnesses

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

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

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

Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential…more
| Commercial Law & Contracts, Government Contracting, Labor & Employment Law

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

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

Federal Guidance on Drones to Impact Colleges and Universities

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

U.S. Department of Health and Human Services Updates Criteria for Permissive Exclusion Under Section 1128(b)(7) of the Social Security Act

The HHS-OIG issued new guidelines on April 18, 2016 regarding the Secretary's exercise of the Department's permissive exclusion authority pursuant to Section 1128(b)(7) of the Social Security Act. The HHS-OIG's new guidance…more
| Government Contracting, Health

Congress Enacts Federal Trade Secrets Law

The U.S. House of Representatives recently passed legislation that would protect businesses from the growing threat of trade secrets theft. Under the new legislation, businesses will have a new and powerful option to bring…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

Two Additional HIPAA Settlements Demonstrate Breadth of HIPAA Enforcement Activity

During the week of April 18, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced two significant settlements with a large New York City hospital and a North Carolina orthopaedic…more
| Art, Entertainment, & Sports Law, Health, Privacy
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