Saul Ewing LLP

2016 OIG Work Plan Released; Providers and Payors Should Carefully Review

In November 2015, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) released its investigative plans for fiscal year 2016 (the OIG Work Plan). The OIG Work Plan highlights more than…more
| Health

New Jersey Companies Face Significant Class Action Risks When Using Limiting or Exculpatory Language in Consumer Contracts

A federal judge in Camden, N.J., recently granted class certification in a case brought under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). The class is made up of individuals who signed lease agreements…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury

Pennsylvania Supreme Court Rules that Words Alone Not Sufficient to Support Non-Compete Covenant

Earlier this week, the Pennsylvania Supreme Court rejected a challenge to the longstanding requirement that post-employment restrictive covenants must be supported by actual consideration to be enforceable under Pennsylvania…more
| Commercial Law & Contracts, Labor & Employment Law

Vanguard Attorney's Whistleblower Suit Dismissed for a Violation of the New York State Ethics Rule Prohibiting Disclosure of Confidential Information

On November 13, 2015, the Supreme Court of New York dismissed a former Vanguard Group tax attorney's New York False Claims Act whistleblower complaint against his former employer. The court held that the attorney violated New…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Taxation

Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek…more
| Education

European Court of Justice Declares Safe Harbor for Transferring Personal Data from Europe Invalid

The European Court of Justice (“ECJ”) has ruled that the 15-year-old Safe Harbor Data Protection Framework (“Safe Harbor”) between the United States and the European Union (“EU”) is invalid. According to the ECJ, it does not…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

Beau Biden Child Protection Act: Implications for Charter School Contractors and Volunteers

The recently-enacted Beau Biden Child Protection Act requires all child-serving entities, including Delaware charter schools, to obtain certain background checks for all prospective employees, as well as prospective contractors…more
| Commercial Law & Contracts, Education, Government Contracting, Labor & Employment Law

CMS and OIG Issue Final ACO Waivers

On Thursday, October 29, 2015, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) jointly issued a rule (the “Final Rule”) to finalize five (5) waivers of certain fraud and abuse…more
| Health

Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated Property Upheld by Pennsylvania Supreme Court

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential, Taxation

Construction Law Advisory - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney…more
| Construction Law, Government Contracting

Attorney General Crackdown on DBE/MBE Representations in Subcontracts

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors…more
| Construction Law, Government Contracting

Public Owners Held to Warrant Accuracy of Plans to Construction Managers

A recent Massachusetts Supreme Judicial Court decision clarified that public owners on construction management projects impliedly warrant the accuracy of plans and specifications to construction managers. The case, Coghlin…more
| Construction Law, Government Contracting, Real Estate - Commercial, Real Estate - Residential

Pennsylvania Court Refuses to Enforce “No Damages for Delay” Clause

A Pennsylvania appellate court recently refused to enforce a “no damages for delay” clause and upheld an award of delay damages against a school district where the district actively interfered with a general contractor’s work…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them…more
| Business Torts, Civil Procedure, Construction Law, Real Estate - Commercial

Reports Instruct Office of Civil Rights to Increase HIPAA Enforcement Activities

On September 29, 2015, the Office of Inspector General (OIG) released two reports that reviewed the Office of Civil Rights’ (OCR) enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The first…more
| Health, Privacy
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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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Number of Attorneys

100+ Attorneys

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