On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more
2/25/2025
/ Affirmative Action ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Universities
On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more
On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more
4/26/2023
/ Construction Industry ,
Construction Project ,
Criminal Prosecution ,
DBE Program ,
Department of Transportation (DOT) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Goods or Services ,
Infrastructure ,
Subcontractors ,
White Collar Crimes ,
Wire Fraud
New Jersey has enacted an insurance bad faith statute that will penalize insurers for certain types of conduct in handling claims for uninsured and underinsured motorist coverage as the result of auto accidents. The new law...more
While the Pennsylvania legislature considers one of the most aggressive bills in the country to force insurers to provide coverage for COVID-19 business interruption claims, Pennsylvania’s Insurance Commissioner on Monday...more
Pennsylvania recently joined the movement to introduce legislation that would override insurance policy language and require carriers that have issued commercial liability policies — specifically policies covering business...more
As restrictions tighten in counties and states across the country, many businesses are having to decide whether they can continue to operate. In New York, only “essential businesses” may remain open. In Pennsylvania, only...more
On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more
12/17/2019
/ Complaint Procedures ,
Educational Institutions ,
Evidence ,
Gender-Based Violence ,
Incident Response Plans ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more
12/16/2019
/ Appeals ,
Colleges ,
Damages ,
Educational Institutions ,
Liability ,
Motion to Dismiss ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On March 14, the New Jersey Senate passed a bill (S.477) by a 32-1 vote that, if signed into law, will significantly expand the statute of limitations period for child sex abuse victims to pursue civil claims against their...more
3/19/2019
/ Child Abuse ,
Child Protection Laws ,
Criminal Prosecution ,
Legislative Agendas ,
Pending Legislation ,
Risk Management ,
Sexual Abuse ,
Sexual Assault ,
State and Local Government ,
Statute of Limitations ,
White Collar Crimes
On October 19, Pa. Governor Tom Wolf signed into law the Timothy J. Piazza Antihazing Law, named for the Penn State student who lost his life in a fraternity hazing incident in early 2017....more
Hazing is often thought to be a university sports and Greek life problem, and bullying is often thought to be a grade school problem, but both occur at every level and within many different types of organizations....more
New Jersey legislators are working to enact a law that will provide policyholders with potentially punishing recourse if their insurance carriers mishandle their claims for benefits....more
In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more
It is nearly inevitable that at some point every company will receive an internal allegation of wrongdoing that will require the company to conduct an investigation. This primer on internal investigations raises key issues...more
On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more
3/3/2017
/ Dear Colleague Letter ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
School Restrooms ,
Secretary of Education ,
Sexual Assault ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more
10/27/2015
/ Appeals ,
Attorney's Fees ,
Civil Monetary Penalty ,
Construction Industry ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Eighth Amendment ,
Excessive Fines Clause ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Highway Administration ,
Final Judgment ,
Highways ,
Litigation Fees & Costs ,
Popular ,
Prevailing Party ,
Relators ,
Treble Damages ,
Whistleblowers ,
Young Lawyers
On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more
10/6/2015
/ Construction Industry ,
Contractors ,
Department of Justice (DOJ) ,
Eighth Amendment ,
Excessive Fines Clause ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Highway Administration ,
Final Judgment ,
Highways ,
Whistleblowers
Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more
2/24/2015
/ Construction Contracts ,
Construction Industry ,
Criminal Prosecution ,
DBE Program ,
Enforcement Actions ,
Federal Contractors ,
Fraud ,
Labor Contractor ,
Pass-Through Entities ,
Strategic Enforcement Plan ,
Subcontractors ,
Suppliers