Saul Ewing LLP

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its subsidiary,…more
| Construction Law, Government Contracting

Saul Ewing Top Ten Construction Clauses: Substantial Completion

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that the…more
| Commercial Law & Contracts, Construction Law

Oppressed Shareholders Don’t Always Get the Relief They May Deserve

In Bontempo v. Lare, 2015 WL 4658901 (2015), published on August 6, 2015, the Maryland Court of Appeals affirmed that the "reasonable expectations test," previously articulated by the Maryland Court of Special Appeals in…more
| Commercial Law & Contracts, Securities Law

Proposed 2016 Medicare Physician Fee Schedule Includes Changes to Stark Regulations

The Centers for Medicare & Medicaid Services ("CMS") recently released the proposed 2016 Medicare Physician Fee Schedule (the "Proposed Rule"), which includes a number of proposed revisions to the regulations under the federal…more
| Health

Major Changes to Laws Protecting Minors: Pennsylvania as Bellwether for New Child Protection Legislation?

In the wake of several high-profile cases of child abuse, Pennsylvania’s General Assembly has been on the vanguard of state legislatures’ efforts to reduce the risk of harm to children. Since 2013, Pennsylvania’s lawmakers…more
| Education

Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g., Lewis…more
| Communications & Media Law, Constitutional Law, Education, Intellectual Property, Personal Injury

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
| Education, Labor & Employment Law

Location, Location, Location: The Property Underneath the Feet of Speakers Matters When Determining Whether A Public Institution Can Control Their Speech

Benjamin Bloedorn is an itinerant preacher who travels from college campus to college campus, loudly proclaiming his evangelical message for hours on end to anyone within earshot. In March 2008 he arrived at Georgia Southern…more
| Constitutional Law, Education

Bad Faith Sentinel - July 2015

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253…more
| Commercial Law & Contracts, Insurance, Personal Injury

Does Your Institution Have a Disability Accommodation Policy? It Should.

The Americans with Disabilities Act Amendments Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA also requires an employer to make reasonable accommodations for the known disabilities of an…more
| Civil Rights, Education, Labor & Employment Law

Fifth Circuit Court of Appeals: Establishing an Arguable Basis for Delay or Denial of a Claim Precludes a Finding of Bad Faith

Dey v. State Farm Mut. Auto. Ins. Co., No. 14-60300, 2015 WL 3772762 (5th Cir. June 17, 2015). Fifth Circuit holds that “pocketbook dispute” between insured and insurer over value of the insured’s claim and insurer’s delay…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages Awarded Against Him in a Subsequent Bad Faith Refusal to Settle Claim

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation

Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253 (8th Cir. June 22, 2015). Court holds it was not bad faith for insurer to pursue investigation into underlying lawsuit before considering settlement demand. One…more
| Business Torts, Commercial Law & Contracts, Insurance, Personal Injury

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior Guidance

The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer essentially…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions, Real Estate - Residential, Real Estate - Commercial

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
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology
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