Ballard Spahr LLP

Contact
Share
Info
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
See more
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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Senate Banking Committee schedules Dec. 5 markup of regulatory reform bill

Last week, members of the Senate Banking Committee announced that they had reached bipartisan agreement on “legislative proposals to improve our nation’s financial regulatory framework and promote economic growth.”…more

Appraisal, Banking Sector, Banks, Cyber Threats, Elder Abuse

See all updates »

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

See all updates »

Vermont Enacts Loan Solicitation License, Amends Other Financial Regulation Licensing Provisions

Entities engaged in the business of loan solicitation are now required to be licensed with the Vermont Department of Financial Regulation following the recent enactment of Act 22. Loan comparison websites, lead generators, and…more

Banking Sector, Financial Services Industry, Licensing Rules, Loan Guarantee Solicitation, Money Transmitter

See all updates »

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

See all updates »

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

See all updates »

Federal Tax Reform: How the Newly Passed House Bill Compares to the Senate Bill – A Side-by-Side Comparison, Plus the Big Picture

Last updated 11/17/2017 The Senate Finance Committee released a detailed description of the Senate's tax reform bill, titled the Tax Cuts and Jobs Act, on November 9. The Committee has not released the text of the bill, and…more

Alternative Minimum Tax, Business Taxes, Carried Interest Tax Rates, Compensation & Benefits, Corporate Taxes

See all updates »

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

See all updates »

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

See all updates »

CFPB Finalizes Alignment of Regulations B and C on Consumer Ethnicity and Race Information

On September 21, the CFPB finalized its proposal to amend Regulation B requirements related to collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised…more

Banking Sector, CFPB, Consumer Financial Products, Data Collection, Fair Lending

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Initial Steps Toward Changes to Gift, Estate and Generation-Skipping Transfer Tax

On Thursday November 9, Senate Republicans unveiled the substance of their tax reform bill. The Senate proposal maintains the House Republicans' plan to increase the amount exempt from gift, estate, and GST taxes from $5 million…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Legislative Agendas

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

OFAC Targets Alleged Mexican Drug Boss and “His Vast Network,” Including International Soccer Superstar

Describing him as a “longtime Mexican Drug Kingpin,” the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury has designated Raul Flores Hernandez and the “Flores Drug Trafficking Organization,” or “Flores…more

Asset Freeze, Criminal Investigations, Drug Trafficking, Foreign Narcotics Kingpin Designation Act, Money Laundering

See all updates »

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

See all updates »

Supreme Court Clarifies Extraterritorial Reach of RICO

In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt…more

Corporate Counsel, EU, Extraterritoriality Rules, Foreign Entities, Mail Fraud

See all updates »

House Passes Bill Limiting Joint-Employer Liability

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Hiring & Firing, Joint Employers, Legislative Agendas

See all updates »

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

See all updates »

The Courts Speak: Bank Liability for Alleged AML Failures Impacting Third Parties, and Hauling into U.S. Court Foreign Defendants Who Launder the Alleged Fruits of Foreign Crime

We discuss two recent federal court opinions addressing two issues of increasing frequency and importance: (i) the potential civil liability of financial institutions to non-customers and other third-parties for alleged failures…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, BSA/AML

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Employers Should Have Plan in Place for End of DACA

Employers who have employees authorized to work under the Deferred Action for Childhood Arrivals (DACA) program should start prepping for change in the next six months. Attorney General Jeff Sessions on September 5, 2017,…more

DACA, Deportation, DHS, Employment Authorization Documents (EAD), Executive Orders

See all updates »

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

See all updates »

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

See all updates »

OCR Withdraws Obama-Era Title IX Guidance

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter on…more

Colleges, Dear Colleague Letter, Department of Education, Educational Institutions, Federal Funding

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

$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

See all updates »

CFPB report on growth in longer-term “auto loans” could presage increased CFPB scrutiny

A new CFPB report, “Growth in Longer-Term Auto Loans”, discusses a CFPB finding that there has been a significant increase in the use of longer-term “auto loans” since 2009…more

Automotive Industry, Automotive Loans, Banking Sector, CFPB, Consumer Financial Products

See all updates »

CFPB submits request to conduct online debt collection survey to OMB

The CFPB has published a notice in the Federal Register that it has submitted to OMB its request to conduct an online survey of 8,000 individuals as part of its research on debt collection disclosures. Comments must be received…more

Banking Sector, CFPB, Comment Period, Debt Collection, Disclosure Requirements

See all updates »

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

See all updates »

Nevada Pregnant Workers' Fairness Act Goes Into Effect October 1

The Nevada Pregnant Workers' Fairness Act (NPWFA) goes into effect Sunday, October 1, 2017. The NPWFA applies to employers with 15 or more employees and generally expands the scope of protections provided to female employees for…more

Corporate Counsel, Duty to Accommodate, Hiring & Firing, New Legislation, Posting Requirements

See all updates »

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

See all updates »

Money Laundering Watchdog Criticizes Lax AML Enforcement and “Creative Compliance” in Wake of Panama Papers

PANA Issues Recommendations to European Parliament: Tougher Enforcement, Greater Transparency, Improved Information Sharing and Prohibitions Against Outsourcing of Customer Due Diligence…more

Banking Sector, BSA/AML, Customer Due Diligence (CDD), EU, Financial Crimes

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III…more

Article III, Class Action, Credit Reports, Employer Liability Issues, FCRA

See all updates »

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

See all updates »

Article 29 Working Party Issues Guidance on Breach-Notification Obligations under GDPR

The Article 29 Working Party (WP29) recently issued guidelines regarding data controllers' notification obligations following security breaches involving the personal data of EU citizens…more

Article 29 Working Party (WP29), Data Breach, Data Processors, Data Protection Authority, Data Protection Officers (DPOs)

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

Coats v Dish Network, Controlled Substances Act, Disability, Dish Network, Drug Testing

See all updates »

In re Tam en banc decision—Lanham Act 2(a) is unconstitutional

In a highly anticipated decision, the Federal Circuit Court of Appeals, sitting en banc, ruled today that Section 2(a) of the Lanham Act, which bars registration of marks that “disparage” a group of persons, unconstitutionally…more

Disparagement, First Amendment, Free Speech, Lanham Act, NFL

See all updates »

Initial Steps Toward Changes to Gift, Estate and Generation-Skipping Transfer Tax

On Thursday November 9, Senate Republicans unveiled the substance of their tax reform bill. The Senate proposal maintains the House Republicans' plan to increase the amount exempt from gift, estate, and GST taxes from $5 million…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Legislative Agendas

See all updates »

New Law Affects FHA Requirements for Condominium Financing

President Obama signed the Housing Opportunity Through Modernization Act (H.R. 3700) into law on July 29. Title III of the Act will significantly modify Federal Housing Administration (FHA) condominium mortgage insurance…more

Condominiums, Fannie Mae, Federal Housing Administration (FHA), Freddie Mac, HUD

See all updates »

Redrawing of Arizona Legislative Districts Upheld by U.S. Supreme Court

The U.S. Supreme Court, in an opinion written by Justice Breyer, has unanimously upheld the Arizona Independent Redistricting Commission's plan to redraw Arizona's legislative districts. Lawyers from Ballard Spahr's Political…more

Equal Protection, Fourteenth Amendment, Harris v Arizona Independent Redistricting Commission, Redistricting, SCOTUS

See all updates »

D.C. District Court Allows Payday Lenders’ Due Process Claims To Proceed In Case Against “Operation Choke Point”

On July 5, 2017, the U.S. District Court for the District Columbia, in the lawsuit filed in 2014 challenging “Operation Choke Point” — a federal enforcement initiative involving various agencies, including the Consumer…more

Administrative Procedure Act, Banking Sector, DOJ, Due Process, FDIC

See all updates »

New Economic Development Opportunities Possible Thanks to Improved Marketability of Philadelphia Tax Increment Finance Transactions

The tools available to the City of Philadelphia to finance community and economic development projects have been enhanced under a new law that authorizes the imposition of special assessments to support tax increment finance…more

Bonds, Economic Development, New Legislation, Public Finance, Public Improvement Projects

See all updates »

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"…more

Certiorari, Collective Bargaining, Constitutional Challenges, Fair Share Contribution, First Amendment

See all updates »

Charges of "Fake News" May Bring New Threats from Jury Verdicts

Alarmingly high defamation damages—such as Hulk Hogan's $140 million Florida verdict against Gawker and a broadcast network's reported $177 million settlement with a South Dakota beef producer—are disturbing recent developments…more

Defamation, Fake News, First Amendment, Free Speech, Journalism

See all updates »

House Passes Bill Limiting Joint-Employer Liability

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Hiring & Firing, Joint Employers, Legislative Agendas

See all updates »

Treasury Department Announces $3.5 Billion in New Markets Tax Credit Allocation Awards

Eighty-five community development entities (CDEs) have been selected to receive $3.5 billion in New Markets Tax Credit (NMTC) allocation authority in the 2012 round of the NMTC Program. The announcement of the latest round of…more

Community Development Entities, New Market Tax Credits

See all updates »

DOL Clarifies VETS-4212 Filing and Data Collection Periods

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1…more

Data Collection, DOL, EEO-1, Federal Contractors, Veterans

See all updates »

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

See all updates »