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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Seal or No Seal? Virginia Supreme Court Decision Should Prompt Closer Scrutiny of Leases

A recent ruling by the Supreme Court of Virginia may invalidate hundreds of leases because they are not under "seal" and therefore do not meet Virginia's "Deed of Lease" requirement. Landlords and tenants should review their…more

Commercial Leases, Commercial Tenants, Deeds, Lease Term, Unenforceable Contract Terms

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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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Regulation by Enforcement is Dead

Addressing the Mortgage Bankers Association (MBA) 2018 Annual Convention in Washington, DC on October 15, 2018, BCFP Acting Director Mick Mulvaney advised that regulation by enforcement is dead, and that he does not care much…more

Bureau of Consumer Financial Protection (BCFP), CFPB, Consumer Financial Products, Enforcement Actions, Financial Services Industry

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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 Releases Report and RFI on Data Collection

On September 25, the Consumer Financial Protection Bureau issued a report on its sources and uses of data. This report was followed by a Request for Information regarding its data collection practices, published in the Federal…more

CFPB, Consumer Privacy Rights, Consumer Protection Laws, Data Collection, Dodd-Frank

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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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New Jersey Court Rejects Punitive Damages Waivers in Employment Arbitration Agreements

The New Jersey Appellate Division recently held in Roman v. Bergen Logistics, LLC, that a provision in an arbitration agreement that requires an employee to waive claims for punitive damages under the New Jersey Law Against…more

Arbitration Agreements, Employment Contract, Employment Litigation, Punitive Damages, Sex Discrimination

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"Double-Dipping" Class Actions Illustrate Importance of Ticketing Compliance Programs

Piling on after undercover journalists published exposés on alleged misconduct involving Ticketmaster's TradeDesk reseller program, consumers have filed a wave of class actions against Ticketmaster, claiming that the company…more

Class Action, Event Tickets, Online Platforms, Sales Commissions, Sports

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Has the SEC Lost Home Court Advantage?

For years, the Securities and Exchange Commission (SEC) has aggressively utilized its own administrative law judges to adjudicate enforcement proceedings, prompting critics to argue that this strategy gives the SEC a decided…more

Administrative Proceedings, ALJ, Appeals, Appointments Clause, Constitutional Challenges

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BCFP finalizes amendments to Disclosure of Records and Information rule

On September 12, the Bureau of Consumer Financial Protection (Bureau) issued a final rule that amends the procedures used by the public to obtain information from the Bureau under the Freedom of Information Act (FOIA), the…more

Administrative Appeals, Bureau of Consumer Financial Protection (BCFP), Final Rules, FOIA, Privacy Act of 1974

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Arizona Court of Appeals Declares Trial Court's Media Restrictions Unconstitutional

The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements for limiting the media's ability to disseminate public information and strongly cautioning trial courts against imposing…more

Appeals, Criminal Prosecution, Name and Likeness, News Stories, Public Information

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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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State Legislatures Tackle Sexual Harassment in the Workplace

More than 100 bills or resolutions related to sexual harassment and workplace misconduct have been introduced during the 2018 state legislative session, according to the National Conference of State Legislatures…more

Civil Rights Act, Corporate Culture, Employer Liability Issues, Hostile Environment, Legislative Agendas

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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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Cosby Case Highlights Role of Public Access to Court Records

The April 2018 criminal trial of iconic entertainer and "America's Dad" Bill Cosby has ended with a guilty verdict…more

#MeToo, Bill Cosby, Criminal Convictions, Judicial Records, Public Access Laws

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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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Supreme Court Scales Back Safe Harbor Protection for Some Pre-Bankruptcy Fraudulent Transfers

Title 11 of the U.S. Bankruptcy Code contains provisions that allow some pre-bankruptcy transfers to be avoided, or "unwound," by a debtor in possession, trustee, or other party granted standing to do so…more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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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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Arizona Passes New Law to Bolster Campus Free Speech

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses…more

Colleges, Educational Institutions, First Amendment, Free Speech, Freedom of Association

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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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Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters…more

Anti-SLAPP, Associated Press, Casinos, Defamation, Dismissal With Prejudice

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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