Ballard Spahr LLP

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1735 Market Street
51st Floor
Philadelphia, PA 19103-7599, United States
Phone: 215.665.8500
Fax: 215.864.8999
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Delaware
  • Georgia
  • Maryland
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Utah
Number of Attorneys
400+ Attorneys

Pennsylvania Office of Open Records Blasts Charter Schools

Charter school managers and officials should be aware that the Executive Director of Pennsylvania’s Office of Open Records has recently made public statements criticizing charter schools that take the position that they should…more

Charter Schools, Disclosure Requirements, Exemptions, Public Records, Right To Know

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Real Estate News in Metro DC

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C…more

Condominiums, Construction Defects, Construction Industry, Construction Project, Disclosure Requirements

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House Passes American Health Care Act

As widely reported, the U.S. House of Representatives has passed the American Health Care Act (AHCA), a bill that, if enacted, would make the first major legislative changes to the Affordable Care Act (ACA). Modified to provide…more

Affordable Care Act, American Health Care Act (AHCA), Cadillac Tax, CBO Report, Employer Mandates

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Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant increases…more

Covered Business Method Patents, Design Patent, Fees, Filing Fees, Intellectual Property Protection

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CFPB launches new HMDA online tool, continues rate spread calculator

The CFPB has launched a new online “Digital Check Tool” to be used by companies reporting HMDA data starting January 1, 2018. More specifically, the new tool supports the Universal Loan Identifier (ULI) requirements of the…more

Banking Sector, CFPB, Financial Services Industry, HMDA, Mortgage Lenders

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Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property so…more

Banking Sector, Banks, Final Judgment, Florida, Foreclosure

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CFPB urges more consumer control over payment methods

As one of his final actions before resigning last Friday from the Consumer Financial Protection Bureau, Director Richard Cordray sent letters to the chief executives of 29 banks, credit unions, and other financial companies…more

Banking Sector, CFPB, Financial Institutions, Financial Literacy

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CA Supreme Court Issues First Decision Extending FTC v. Actavis to State Antitrust Litigation

The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent…more

Antitrust Litigation, Antitrust Provisions, Bayer, CA Supreme Court, Cartwright Act

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HUD continues reorganization of key leadership

As part of its efforts towards continued reorganization, the U.S. Department of Housing and Urban Development (HUD) has recently announced changes to the Office of Multifamily Housing leadership staff. Mark Van Kirk, the…more

Administrative Appointments, HUD

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Analysis of Key Provisions of the Tax Cuts and Jobs Act

As we are sure you know, H.R. 1, informally known as the Tax Cut and Jobs Act, became law on December 22, 2017. This new law will impact almost all taxpayers. Ballard Spahr's Tax Group has prepared a detailed summary of…more

Alternative Minimum Tax, Business Taxes, Compensation & Benefits, Corporate Taxes, Estate Tax

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Senate Confirms Second Trump NLRB Pick

The Senate voted 49-47 yesterday to confirm William Emanuel to fill a vacant seat on the National Labor Relations Board (NLRB), the independent agency tasked with administering federal labor law in the private sector. Mr…more

Administrative Appointments, NLRB, Presidential Nominations, Senate Confirmation Hearings, Trump Administration

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SEC Approves New Standards for Independent Auditors

The U.S. Securities and Exchange Commission (SEC) announced Monday that it will now require publicly traded companies to disclose remarks or inquiries made by independent auditors regarding critical audit matters…more

Audit Reports, Audits, Financial Statements, Investors, PCAOB

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Financial Stability Oversight Council identifies cybersecurity as primary area of risk for the banking industry

On December 14, the Financial Stability Oversight Council (FSOC), which was established by the Dodd-Frank Act to analyze and mitigate potential threats to the financial sector, released its first report under the Trump…more

Banking Sector, CFPB, Cyber Crimes, Cybersecurity, Data Breach

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Arizona Supreme Court Clarifies Due Process Rights in Administrative Hearings

The due process clause of the 14th Amendment to the U.S. Constitution does not allow "the same person to serve as an accuser, advocate, and final decisionmaker in agency adjudication," the Arizona Supreme Court has ruled in…more

Administrative Hearings, ALJ, Attorney Generals, AZ Supreme Court, Due Process

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Freddie Mac closes first direct purchase of a tax-exempt loan

Freddie Mac recently closed its first direct purchase of a tax-exempt loan. The loan financed the acquisition and rehabilitation of a 417-unit senior housing community in Dayton, Ohio known as The Lakewoods. The deal represents…more

Freddie Mac, HUD, Loans, Real Estate Market, Tax Exemptions

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Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has…more

Accessibility Rules, ADA, Disability, Disability Access Claims, Disability Discrimination

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New California Landlord Disclosure Requirements Effective July 1

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results. The…more

Certified Access Specialists, Commercial Leases, Compliance, Disability, Disclosure Requirements

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Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the…more

Breach of Contract, Contacts List, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements

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SCOTUS Weighs Class Action Waivers in Employment Agreements

The U.S. Supreme Court heard oral argument yesterday in three cases—NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris—to resolve whether arbitration provisions in employment agreements that…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Epic Systems Corp v Lewis

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The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

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Supreme Court to Resolve Circuit Split Over Filing Bankruptcy Proof of Claim on Time-Barred Debt

The U.S. Supreme Court granted certiorari last week in Midland Funding, LLC v. Aleida Johnson, a decision of the 11th Circuit that held that Midland’s filing of a proof of claim in the plaintiff’s bankruptcy case on a…more

Bankruptcy Code, Certiorari, Consumer Bankruptcy, FDCPA, Financial Institutions

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Federal Housing Finance Agency Proposes GSE Goals

The Federal Housing Finance Agency (“FHFA”) has proposed new single-family and multifamily housing goals for Fannie Mae and Freddie Mac (collectively, the “GSEs”) for 2018-2020…more

Comment Period, Fannie Mae, FHFA, Freddie Mac, GSE

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New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98, signed into law this…more

Amended Legislation, Condominiums, Homeowners Association (HOA), Rental Property

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Impact on Gift, Estate, and GST Taxes Under the Tax Cuts and Jobs Act (H.R. 1)

The tax law known as the Tax Cuts and Jobs Act (H.R. 1), signed by President Trump on December 22, 2017, contains important changes to provisions governing gift, estate, and generation-skipping transfer (GST) taxes..…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

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Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its leadership…more

Anti-SLAPP, Defamation, Federal Rule 12(b)(6), First Amendment, Free Speech

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Federal Tax Reform: House Bill Rewrites Municipal Bond Rules

The proposed Tax Cuts and Jobs Act released last week would eliminate the federal tax exemption for interest earned on all private activity bonds—including 501(c)(3) bonds and exempt facility bonds—and advance refunding bonds…more

501(c)(3), Bonds, Infrastructure, Internal Revenue Code (IRC), IRS

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Federal Circuit Limits On-Sale Bar’s Reach

If you were concerned that outsourcing the manufacture of your invention before you filed your patent application triggered a "sale" that could put your patent at risk, you can rest easy. In The Medicines Company v…more

ANDA, Generic Drugs, Hospira, On-Sale Bar, Patent Applications

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Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public online…more

Appeals, Authors, Authors Guild, Class Action, Copyright

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Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has ruled…more

Appeals, Constitutional Challenges, Credit Card Surcharges, Credit Cards, Debit and Credit Card Transactions

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DOL Announces Minimum Wage Increase for Federal Contractors

The U.S. Department of Labor has announced an upcoming increase to the minimum wage rate for contractors working on or in connection with contracts covered by Executive Order 13658, which applies to certain federal construction,…more

DOL, Executive Orders, Federal Contractors, Minimum Wage, Obama Administration

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EPA Doubles Down on Methane Regulation for Oil and Gas Industry

The U.S. Environmental Protection Agency (EPA) released a packet of measures targeting methane emissions from operations of the oil and gas industry on May 12, 2016. These measures include three final regulations affecting new…more

Energy Sector, EPA, Fracking, Greenhouse Gas Emissions, Methane

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U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate and,…more

Appeals, Attorney's Fees, Baker Botts v ASARCO, Bullard v Blue Hills Bank, Debtors

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Creating a Social Network of Tax Savings: The Use of LLCs in Structuring Philanthropic and Public Good Activities

The use of a limited liability company (LLC) by Mark Zuckerberg and his wife Priscilla Chan as the vehicle for advancing of “philanthropic, public advocacy, and other activities for the public good” has recently received a great…more

Charitable Donations, Charitable Organizations, Limited Liability Company (LLC), Mark Zuckerberg, Tax Deductions

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Ninth Circuit Allows Leases To be Stripped in Section 363 Sale

Courts consistently have held that the sale of real property under the Bankruptcy Code cannot "strip off" the leasehold interests in that property. Until now, only one case held to the contrary and was generally considered an…more

Bankruptcy Code, Commercial Bankruptcy, Leases, Personal Property, Section 363

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Federal Circuit Finds Software Patent Not Abstract

Reversing a district court holding, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that two patents directed to a method for organizing data in a computer database did not claim an unpatentable…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Mayo v. Prometheus, Microsoft

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Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning Oft-Cited District Court Opinion

The U.S. Court of Appeals for the Third Circuit has ruled that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result, the Third Circuit reversed the district court’s refusal to enter…more

Banking Sector, Banks, Class Action, Declaratory Judgments, Deeds

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HUD Secretary States: RAD – “We need to lift the cap”

At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC. While much of…more

Affordable Housing, HUD, LIHTC, Low-Income Issues, Public Housing

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U.S. ICE Announces Plans for More Raids on Businesses

U.S. Immigration and Customs Enforcement (ICE) agents targeted 98 7-Eleven stores and arrested 21 undocumented workers in raids last week. In a public statement, Thomas D. Horman, ICE Deputy Director and Senior Official…more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions

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Bourne Valley Redux

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and…more

Appeals, Banking Sector, Due Process, En Banc Review, Foreclosure

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Department of Justice: Massachusetts’s Claims Against PHEAA Preempted By Federal Law

On Monday, January 8, 2018, the United States Department of Justice weighed in with a Statement of Interest under 28 U.S.C. § 517 in a pending state-court action (No. 1784CV02682) brought by the Commonwealth of Massachusetts…more

Consumer Financial Products, Consumer Protection Laws, Department of Education, Federal Grants, Federal Student Loans

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A New Governor Takes Office: What NJ Employers Can Expect

Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."…more

Decriminalization of Marijuana, Executive Orders, Gender-Based Pay Discrimination, Governors, Legislative Agendas

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Housing options for veterans

With Independence Day right around the corner and with several bond financings benefitting homeless veterans recently in the news (see Proposition 41 Bond Measure and Apartments for Homeless Veterans), it seemed fitting to…more

Affordable Housing, Bond Financing, Bonds, Department of Veterans Affairs, Homeless Issues

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Mexico’s AML Regime Evaluated by the FATF: Systemic Improvement, but Suspicious Transaction Reporting and Law Enforcement Efforts Continue to Struggle

Last week, the Financial Action Task Force (“FATF”) issued a report concluding that Mexico needs to “step up efforts in pursuing money launderers.”…more

AML/CFT, Anti-Money Laundering, Banking Sector, Beneficial Owner, Corruption

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New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by…more

Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment

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U.S. Issues Unmanned Aircraft Fact Sheet for State, Local Regulators

While Unmanned Aircraft Systems (UAS), more commonly—if inaccurately—known as drones, continue to fly near the edges of federal preemption, the Federal Aviation Administration (FAA) continues to provide guidance for this…more

Drones, Federal Aviation Administration (FAA), Registration Requirement, Unmanned Aircraft Systems

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Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's…more

Consumer Reports, Corporate Counsel, Disclosure Requirements, Employer Liability Issues, FCRA

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Back in the Spotlight: The Affordable Care Act Again Takes Center Stage

After a brief lull in activity, recent developments are likely to involve all three branches of government in addressing issues under the Affordable Care Act…more

Affordable Care Act, Contraceptive Coverage Mandate, Cost-Sharing, Employee Benefits, Employer Group Health Plans

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Hague Agreement Streamlines Registration of Industrial Designs

On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the…more

Design Patent, Final Rules, Hague Agreement, Industrial Design, Patents

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Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,…more

Construction Industry, EB-5, EB-5 Regional Centers, Housing Developers, Immigrant Investor Program

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A New Governor Takes Office: What NJ Employers Can Expect

Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."…more

Decriminalization of Marijuana, Executive Orders, Gender-Based Pay Discrimination, Governors, Legislative Agendas

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Georgia Passes New Social P3 Legislation

Georgia Governor Nathan Deal signed into law new public-private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (the Act) on May 5, 2015. The Act allows state and local…more

Governor Deal, New Legislation, Public Private Partnerships (P3s), Public Projects, State and Local Government

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Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant increases…more

Covered Business Method Patents, Design Patent, Fees, Filing Fees, Intellectual Property Protection

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DOJ Rescinds 10 ADA Guidance Documents

U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper…more

ADA, Deregulation, Disability Discrimination, DOJ, Executive Orders

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IRS Approves New Rules To Minimize Taxes Related to M&A Transactions

The Internal Revenue Service recently adopted long-awaited regulations intended to provide a new means of minimizing taxes in M&A transactions. The newly adopted regulations take effect on May 15, 2013, under Section 336(e) of…more

IRS

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Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the…more

Commercial Leases, Contract Drafting, Default, Fair Market Value, Landlords

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New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations

Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House Bill 98, signed into law this…more

Amended Legislation, Condominiums, Homeowners Association (HOA), Rental Property

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Philadelphia Amends Fuel Oil Ordinance, Allows Use of Old Oil After New Standards Take Effect July 1

An amendment to Philadelphia Code relating to the use of No. 2 fuel oil—the most widely used oil for heating, industrial operations, and emergency generation, was signed into law by Mayor Michael Nutter on June 18. This…more

Local Ordinance, Manufacturing Facilities, Oil & Gas

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Philadelphia Earned Income Tax Credit Bill Signed

Philadelphia Mayor Jim Kenney has signed a bill expanding employers' notice requirements to employees concerning the federal Earned Income Tax Credit (EITC)…more

Earned Income Credit, Local Ordinance, New Legislation, Notice Requirements, Required Forms

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U.S. District Court Invalidates Pending FLSA Rules

A federal district court in Texas last week invalidated the U.S. Department of Labor's (DOL) pending overtime regulations—finalized under the Obama Administration—aimed at increasing the salary threshold for overtime exemptions…more

DOL, FLSA, Minimum Salary, Over-Time, Wage and Hour

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EPA Doubles Down on Methane Regulation for Oil and Gas Industry

The U.S. Environmental Protection Agency (EPA) released a packet of measures targeting methane emissions from operations of the oil and gas industry on May 12, 2016. These measures include three final regulations affecting new…more

Energy Sector, EPA, Fracking, Greenhouse Gas Emissions, Methane

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In Lease Case, Maryland's Highest Court Brings State Law in Line With FOIA

Confidentiality is important for landlords and tenants in commercial lease transactions. For that reason, a recent Maryland Court of Appeals decision should be kept in mind when leases and other documents are submitted to public…more

Commercial Leases, Confidential Information, Disclosure, Entitlements, FOIA

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Investment Management Update

SEC Issues Guidance on Mutual Fund Fee Structure - The Securities and Exchange Commission’s (SEC) Division of Investment Management recently issued a guidance update addressing disclosure issues and certain procedural…more

Administrative Proceedings, Beneficial Owner, Brokers, Business Continuity Plans, Conflicts of Interest

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CFPB Issues Final Payday/Auto Title/High-Rate Installment Loan Rule

The Consumer Financial Protection Bureau (CFPB) issued its final payday loan rule last week in a release running 1,690 pages. Lenders covered by the rule include nonbank entities as well as banks and credit unions…more

Ability-to-Repay, Automotive Loans, Banking Sector, CFPB, Consumer Financial Products

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$6.3 Million Judgment Awarded in Alleged Timeshare Resale Scam

A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment…more

FTC, Scams, Telemarketing Sales Rule, Timeshare

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Oral argument held in SDNY credit union lawsuit challenging Mulvaney appointment

The U.S. District Court for the Southern District of New York recently held oral argument regarding the pending motions in the Lower East Side People’s Federal Credit Union v. Trump and Mulvaney…more

Administrative Agencies, Administrative Appointments, Article III, Banking Sector, CFPA

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Dept. of Education proposes disclosure of pre-dispute arbitration agreements by schools receiving Title IV aid for student borrowers

The Department of Education, in an issue paper submitted as part of negotiated rulemaking on its final “borrower defense” rule, is proposing to require schools that use pre-dispute arbitration agreements and class action waivers…more

Arbitration, Arbitration Agreements, Borrower Defense Rule, Class Action, Class Action Arbitration Waivers

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Federal Tax Reform: Senate Proposal Repeals Advance Refundings but Keeps Private Activity Bonds

The Senate Finance Committee unveiled a section-by-section description of its tax reform package on November 9, 2017, including municipal bond provisions that reject efforts by the House Ways and Means Committee to terminate the…more

501(c)(3), Bonds, Construction Industry, Construction Project, Infrastructure

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Nevada Law Will Require Employers to Provide Leave to Employees Who Are Victims of Domestic Violence

A Nevada law going into effect on January 1, 2018, will require employers to provide 160 hours of leave to an employee who is a victim of domestic violence if the employee has worked for at least 90 days…more

Domestic Violence, New Legislation, Paid Time Off (PTO), Stalking, State and Local Government

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Colorado Proposes Cybersecurity Rules for Investment Advisers, Broker-Dealers

The Colorado Division of Securities recently issued proposed rules directed at establishing cybersecurity requirements for broker-dealers and investment advisers. The proposed rules were issued only a month after New York…more

Broker-Dealer, Cybersecurity, Data Protection, Electronic Communications, Financial Services Industry

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U.S. ICE Announces Plans for More Raids on Businesses

U.S. Immigration and Customs Enforcement (ICE) agents targeted 98 7-Eleven stores and arrested 21 undocumented workers in raids last week. In a public statement, Thomas D. Horman, ICE Deputy Director and Senior Official…more

Business Interruption, Deportation, Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions

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OMB Halts Employers' Obligation to Report Summary Pay Data on EEO-1 Form

The Office of Management and Budget (OMB) has issued an immediate stay of requirements for certain private employers to report data on pay and work hours to the U.S. Equal Employment Opportunity Commission (EEOC). The OMB's…more

Data Collection, EEO-1, EEOC, Employment Discrimination, Equal Pay

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Bankruptcy Trustees Target Colleges and Universities

Over the past few years, higher education institutions have seen an increase in litigation from an unexpected source: bankruptcy trustees. Trustees appointed in personal bankruptcy cases are seeking to claw back tuition payments…more

Clawbacks, Colleges, Consumer Bankruptcy, Educational Institutions, Tuition

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The CFPB Shuts Down Another Credit Repair Service

The CFPB recently submitted a proposed stipulated final order that would shut down a credit repair service and permanently enjoin it from “[a]dvertising, marketing, promoting, providing, offering for sale, selling, assisting in…more

CFPB, Credit Repair Services, Debt Settlement Services, Dodd-Frank, Financial Services Industry

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FCRA Ruling Rejects Argument that Foreclosure and Acceleration of Mortgage Loan Rendered Reports of Monthly Delinquencies Inaccurate

Fair Credit Reporting Act (FCRA) litigation has increased in 2017 and shows little sign of slowing. While a plaintiff’s actual damages may be minimal, the statute’s award of reasonable attorney’s fees and costs for a prevailing…more

Banking Sector, Debt Collection, Delinquent Borrowers, Dismissal With Prejudice, FCRA

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Pennsylvania Supreme Court Rules Only Original Purchasers May Recover Damages for Breach of the Builder’s Implied Warranty of Habitability

The Pennsylvania Supreme Court ruled that a builder’s implied warranty of habitability extends only to the initial buyer of a home, and not to subsequent purchasers. In Conway v. The Cutler Group, Inc., the Court reversed an…more

Buyers, Construction Contracts, Construction Defects, Construction Industry, Contract Disputes

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AV START Act Addresses Privacy and Cybersecurity Issues Associated With the Development of Highly Automated Vehicles

In proposed amendments earlier this week to the current draft of the "AV START Act," the Senate addressed important cybersecurity, data access, and privacy concerns associated with the development of highly automated vehicles…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Legislative Agendas

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Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v…more

CFPB, Discrimination, Disparate Impact, ECOA, Fair Housing Act (FHA)

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Recess Update on the Affordable Care Act and Its Repeal and Replacement

The momentary lull in congressional activity on health care provides an opportune time for an update on the efforts to repeal and replace the Affordable Care Act (ACA)…more

Affordable Care Act, Cadillac Tax, Employee Benefits, Health Insurance, Health Savings Accounts

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California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling…more

Compliance, Cybersecurity, Data Privacy, Data Security, Financial Institutions

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Section 202: using federal sources to assist the growing elderly population

During one of the sessions at Ballard Spahr’s Ninth Annual National Housing Symposium, Mara Blitzer from the U.S. Department of Housing and Urban Development (HUD) discussed federal housing resources for aging Americans with a…more

Affordable Housing, HUD

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Eighth Circuit Clarifies Spokeo Ruling to Require Injury-in-Fact to Satisfy Article III Standing

In a victory to the defense bar, the U.S. Court of Appeals for the Eighth Circuit has published the first appellate opinion to apply the principles the U.S. Supreme Court articulated in Spokeo, Inc. v. Robins regarding Article…more

Article III, Cable Television Providers, Corporate Counsel, Injury-in-Fact, Personally Identifiable Information

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Obama Signs 21st Century Cures Act, Adding $6.3 Billion For Medical Research

The Cures Act aims to increase the speed by which new drugs are brought to market by streamlining clinical trials, allowing the use of patient data in the regulatory review process, and modernizing U.S. Food and Drug…more

21st Century Cures Initiative, Addiction Equity Act, Affordable Care Act, Benefit Plan Reimbursements, Clinical Trials

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Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado Court…more