Pepper Hamilton LLP

Federal Contractors Must Comply with New Rules on Sex Bias

Contractors should be careful not to implement any policies or practices that may have a disparate, adverse impact on one sex unless they are job-related and consistent with business necessity. Originally published in The…more
| Civil Rights, Elections & Politics, Government Contracting, Labor & Employment Law

Is Your Will Up to Date? - Trusts and Estates Update Volume 2016, Issue 1

Once again, a celebrity dies, and people are shocked that he died without a will. Just this past April, after the death of the well-known artist Prince, we learned that he did not have a will, and controversy is swirling among…more
| Taxation, Wills, Trusts, & Estate Planning

IRS Proposes New Regulations That Will Significantly Limit the Use of Valuation Discounts on Transfers of Interests in Closely Held Entities to Family Members - Trusts and Estates Update Volume 2016, Issue 1

The proposed regulations disregard restrictions that have been used by valuation experts and acknowledged by the courts to reduce valuations. If you are an owner of a closely held entity, recently proposed Treasury…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

When It Absolutely, Positively Has to Be Indicted Overnight: How to Prevent Future Debacles Like the FedEx Prosecution

Against the backdrop of years of unprecedented monetary penalties imposed through DOJ civil settlements and deferred prosecution agreements with financial institutions embroiled in the 2008 financial meltdown, the DOJ came under…more
| Communications & Media Law, Criminal Law, International Law & Trade, Science, Computers, & Technology, Transportation

Consider Your Options for Charitable Giving - Trusts and Estates Update Volume 2016, Issue 1

There are many charitable giving options that are available to fit a donor’s specific goals. You do not have to be Bill Gates or Warren Buffett to make a difference in the world now and after you are gone. Most of our…more
| Nonprofit Law, Taxation, Wills, Trusts, & Estate Planning

“Misclassification Mythbusters”: The Labor Department’s Latest Effort to Crack Down on Independent Contractor Misclassification

The U.S. Department of Labor has just released a dozen Q&A’s on the issue of IC misclassification in an online publication it calls “Misclassification Mythbusters.” The 12 IC misclassification “myths” that it seeks to debunk…more
| Labor & Employment Law

FDA's 'Active Moiety' Interpretation of the Three-Year Clinical Investigation Exclusivity

The court found that a different interpretation could result in marketing exclusivity for the original innovator drug in perpetuity. In Otsuka Pharmaceutical Co. v. Burwell, the U.S. District Court for the District of…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

When Can Common Sense be Relied Upon to Find an Invention Obvious?

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

The Spring Meeting Confronts the Yates Memo: Execs in the Front Lines of Corporate Criminal Responsibility; Presentation of the Business Law Section's Director and Officer Liability Committee

The Business Law Section’s Director and Officer Liability Committee conducted a program at the Section’s Spring Meeting in Montréal. The program focused on the recent Yates memorandum of the U.S. Department of Justice (DOJ), and…more
| Commercial Law & Contracts

Eastern District of Pennsylvania Distinguishes Bilt-Rite in Dispute Involving Information Provided to Designers by Remedial Contractor

Elliott-Lewis Corp. v. Skanksa USA Bldg., Inc., 2016 U.S. Dist. LEXIS 59406 (E.D.Pa. May 4, 2016) - The Federal District Court for the Eastern District of Pennsylvania held that the narrow exception to the economic loss…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

Appraisal Arbitrage: Heads I Win, Tails You Lose

Delaware state courts have seen a rise in appraisal petitions filed by shareholders dissenting from mergers, with 34 actions filed in the first half of 2016, compared to 16 in all of 2012, according to a recent Wall Street…more
| Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Uber’s $100 Million Settlement Rejected by Judge; Independent Contractor Misclassification Lawsuit to Proceed

Earlier yesterday, Uber was dealt yet another setback in its efforts to settle the IC misclassification lawsuits brought against it by Uber drivers in California and Massachusetts. As readers of this legal blog will recall from…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law, Labor & Employment Law, Transportation

Duty of Consistency Doctrine - Effective Sword for the IRS, but Not Likely a Shield for Taxpayers - Tax Update Volume 2016, Issue 3

Two recent cases illustrate the IRS’ ability to successfully argue that taxpayers should not benefit from their own mistakes if they result in less tax being paid. Two recent cases highlight the most current view of the…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Taxation

Final Rules Issued for Certain Money Market Funds - Election of New Methods May Be Beneficial - Tax Update Volume 2016, Issue 3

The rules generally give helpful and timely guidance for dealing with the new reality of floating rate money market funds. There is a new reality for dealing with floating rate money market shares. On July 8, 2016, the…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Digitally Delivered Products Now Subject to Sales Tax in Pennsylvania - Tax Update Volume 2016, Issue 3

The implementation of sales tax on the thousands of services that are delivered digitally can prove vexing. Have you downloaded a book recently or sent an e-card? Is your billing address in Pennsylvania? If so, as of August 1,…more
| Communications & Media Law, Science, Computers, & Technology, Taxation
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