Saul Ewing LLP

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies, such…more
| Alternative Dispute Resolution (ADR), Communications & Media Law, Construction Law, Government Contracting, Transportation

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation procedures…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Construction Law, Electronic Discovery

Divided NLRB Adopts New Standard for Determining "Joint Employer" Status

In what is widely viewed as yet another victory for organized labor at the National Labor Relations Board ("Board"), last week the Board issued a decision lowering the bar for determining when two or more employers may be deemed…more
| Franchise Law, Labor & Employment Law

Pennsylvania’s Contractor and Subcontractor Payment Act Does Not Apply to Public Projects

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies, such…more
| Civil Procedure, Civil Remedies, Construction Law, Government Contracting

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in Maryland…more
| Construction Law, Government Contracting, Transportation

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
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Philadelphia, PA 19102-2186, United States

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