Saul Ewing LLP

Eleventh Circuit: Refusal to Hire Black Applicant with Dreadlocks Did Not Violate Title VII

Last week, the Eleventh Circuit affirmed a decision dismissing a case filed by the EEOC on behalf of a black applicant whose employment offer was rescinded pursuant to the company’s grooming policy when she refused to cut off…more
| Civil Rights, Labor & Employment Law

The False Claims Act’s Anti-Retaliation Provision Protects Employees Who Engage in Efforts to Stop Violations By Their Employers—But an Employee’s Belief in a Violation Must Be Reasonable

In Carlson v. DynCorp, the United States Court of Appeals for the Fourth Circuit addressed 2009 and 2010 amendments to the False Claims Act (“FCA”) that broadened the scope of its anti-retaliation protection for whistleblowing…more
| Government Contracting, Labor & Employment Law

What Does the Future Hold for Doe v. Columbia and the Pleading Standard in Respondent Litigation?

In July 2016, the Second Circuit Court of Appeals overruled its longstanding precedent Yusuf v. Vassar College, which held that students alleging gender discrimination arising from disciplinary proceedings were held to a strict…more
| Civil Rights, Education

Federal Circuit Determines Lip-Sync Animation Software is Patent Eligible, and Not An “Abstract Idea”

On September 13, 2016, the Federal Circuit issued a decision in McRO, Inc. v. Bandai Namco Games America, that provides a favorable decision applicants and patentees can cite in seeking to obtain and defend claims directed to…more
| Intellectual Property, Science, Computers, & Technology

Details of 2017 Pennsylvania Tax Amnesty Announced

The Pennsylvania Department of Revenue (the Department) has just released details of the tax amnesty authorized by the 2016-2017 Budget passed in July 2016. The tax amnesty is a tremendous opportunity for taxpayers who owe…more
| Taxation

Do Loose Lips Sink Qui Tam Complaints? Supreme Court May Soon Determine if Violation of False Claims Act’s Seal Requirement Requires Automatic Dismissal or Analysis of Harm to Government

The Supreme Court plans to review a decision that allowed relators to maintain their False Claims Act lawsuit even after a series of disclosures that may have violated the law’s requirement that lawsuits be “sealed” and hidden…more
| Civil Procedure, Government Contracting, Insurance

Seventh Circuit Clarifies “Heightened” Pleading Standard for Fraud Claims under the False Claims Act

A recent decision of the United States Court of Appeals for the Seventh Circuit addressed the standard that courts should use to decide whether a whistleblower plaintiff has adequately pleaded that a defendant committed fraud in…more
| Health, Government Contracting

SEC Fines Another Company for Using Severance Agreements that Chill Whistleblowing

In short order, the Securities and Exchange Commission fined two companies for using severance agreements with former employees that hampered the SEC’s whistleblower program. We covered the first instance, in which the SEC…more
| Business Organizations, Securities Law

Pennsylvania Supreme Court to Determine if “Motive of Self-Interest or Ill-Will” is Required to Establish a Claim for Insurance Bad Faith

In Pennsylvania, an insurance bad faith claim requires an insured to show by clear and convincing evidence that the insurer 1) lacked a reasonable basis for denying benefits under the policy, and 2) knew or recklessly…more
| Civil Procedure, Insurance

States Are Popping the Cap on ‘High Alcohol Beer’: Ohio Lawmakers Authorize Brewers to Increase Alcohol by Volume

Several state lawmakers have increased the alcohol by volume (ABV) caps on beer production in recent years, and now, craft brewers in Ohio will also have the opportunity to brew “high alcohol beer.” With House Bill 37, which…more
| Elections & Politics

Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more
| Bankruptcy, Business Organizations, Finance & Banking

Tax Court Broadens the Definition of “Collected Proceeds” – Result: Seventeen Million Dollar Award for Tax Fraud Whistleblowers

The nation’s top tax court recently broadened the definition of “collected proceeds” to include payments of criminal fines and civil forfeitures, which could result in increased awards for tax fraud whistleblowers. This likely…more
| Taxation

New Jersey Enacts Uniform Trust Code

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

NAIC Exposes Second Draft of Insurance Data Security Model Law

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

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

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

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

  • (215) 972-7777
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Areas of Practice
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100+ Attorneys

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