Buchanan Ingersoll & Rooney PC

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One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219, United States
Contact: Shareen Jordan, Manager, Marketing Technology
Phone: 412-562-8800
Fax: 412-562-1041
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Military Law
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Virginia
Number of Attorneys
400+ Attorneys

FDA Reaffirms Its Commitment to the Approval of Stem Cell Therapies Amidst Enforcement Actions Against “Unscrupulous Actors”

The U.S. Food and Drug Administration (FDA or Agency) has become increasingly active in stem cell and regenerative medicine product regulation within the past year previously announcing that it would release a modified framework…more

CGMP, FD&C Act, FDA, Stem cells

See all updates »

Court Finds Naming Names in Public Filings and Imprudent Emails Support Action For Retaliation

In Celia Greengrass v. International Monetary Systems, Ltd., 2015 WL 137891, (7th Cir. Jan. 12, 2015), the Seventh Circuit relied in part on the fact that an employer identified a former employee by name in its discussion of…more

EEOC, Employer Liability Issues, Public Disclosure, Publicly-Traded Companies, Regulation S-K

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New Higher Thresholds Under the Hart-Scott Rodino Antitrust Improvements Act of 1976

Certain threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will be increased. The changes will become effective on February 27, 2017. The Federal Trade Commission (FTC) is…more

Acquisitions, Antitrust Division, DOJ, FTC, Hart-Scott-Rodino Act

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After the Storm: Issues in the Construction Process

We previously discussed several post-storm employment issues to be mindful of, but what about important considerations for the rebuilding process? Once floodwaters have receded, power has returned and cleanup has begun, the…more

Contractors, Insurance Industry, Natural Disasters, Severe Weather

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Superior Court of Pennsylvania Holds Management Companies of Long-Term Care Facilities May Be Vicariously Liable for Corporate Negligence

On August 8, 2017, nearly twelve years after Plaintiff Robert Scampone initiated suit against skilled nursing facility Highland Park Care Center (Highland Park) and its management company Grane Healthcare Company (Grane)…more

Corporate Liability, Long Term Care Facilities, Negligence, Vicarious Liability

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Recent Developments that Prohibit Common Separation and Settlement Agreement Provisions

Two federal agencies recently challenged the validity of what many would consider standard release agreement provisions. On August 10, 2016, the Securities and Exchange Commission (SEC) fined a company for including provisions…more

Confidential Information, OSHA, SEC, Settlement Agreements, Whistleblowers

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Update on the SEC's MCDC Initiative

Many issuers and other obligors of tax-exempt bonds (Issuers) have asked about the status of the Municipalities Continuing Disclosure Cooperation initiative (MCDC). Much attention has been directed to the February 2, 2016…more

MCDC, SEC, Self-Reporting, Tax-Exempt Bonds, Underwriting

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DOL Issues Proposed Changes to Overtime Exemption Rules

On Tuesday, June 30, the Department of Labor (DOL) released the long anticipated proposed rule updating its regulations implementing the Fair Labor Standards Act’s Executive, Administrative and Professional exemptions (Proposed…more

DOL, Exempt-Employees, FLSA, Over-Time, Wage and Hour

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Amended FRCP 26(b) in Action: Trio of Recent Northern District of California Cases Address Who Has the Burden of Establishing the Proportionality Requirement

In January and February 2016, the Northern District of California issued a trio of decisions following the December 2015 amendments to Rule 26(b) of the Federal Rules of Civil Procedure, two of which echo the Advisory Committee…more

Discovery, Federal Rules of Civil Procedure, FRCP 26(b)(1), Proportionality

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House Tax Bill Seeks Major Overhaul of Tax Code

On November 2, the Ways and Means Committee released its long-awaited version of tax reform, entitled the “Tax Cuts and Jobs Act.” The bill proposes significant changes to many key areas of federal tax law. This alert highlights…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Estate Tax, Generation-Skipping Transfer

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It’s a Woman’s World: Women-Owned Business (Certification and Benefits)

Business owners are often aware that there are special opportunities available to businesses owned by women, minorities, veterans and certain other groups. However, it is sometimes unclear exactly what those opportunities are,…more

EDWOSB, Minority-Owned Businesses, SBA, Small Business, Women-Owned Businesses

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New Florida Condominium Law Adds Hurdles to Condominium Terminations

On June 16, 2015, Florida Governor Rick Scott signed into law H.B. 643, which made significant changes to Section 718.117 of the Florida Condominium Act. While these changes were made to protect unit owners, they make the…more

Condominium Act, Condominiums, Termination

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Wolf Budget Proposes Extraction Tax

On March 10, 2015, Pennsylvania Governor Tom Wolf-(D) provided the text of his proposed changes to the Tax Reform Code of 1971 that would levy a tax on the extraction of natural gas in the Commonwealth of Pennsylvania…more

Licenses, Natural Gas, Oil & Gas, Proposed Amendments, Severance Tax

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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Newly Released Proposed Regulations under Section 2704 Apply Broadly to Disallow Valuation Discounts for Transfer Tax Purposes, Making Gift and Intra-Family Sale Transfers in 2016 Essential

Overview - On August 4, 2016, the Treasury Department issued much anticipated proposed regulations under §2704 of the Internal Revenue Code, which, if finalized in their current form, will make very significant changes to…more

Estate Tax, Fair Market Value, Family Businesses, Gift Tax, Internal Revenue Code (IRC)

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Assignor Estoppel Bars an Invalidity Challenge in District Court but is Not Available as a Defense in an Inter Partes Review Proceeding

On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in MAG Aerospace Industries, Inc., NKA MAG Aerospace Industries, LLC v. B/E Aerospace, Inc., No. 2015-1370. One of the issues…more

Assignor Estoppel, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board, Patents

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

See all updates »

FDA Reaffirms Its Commitment to the Approval of Stem Cell Therapies Amidst Enforcement Actions Against “Unscrupulous Actors”

The U.S. Food and Drug Administration (FDA or Agency) has become increasingly active in stem cell and regenerative medicine product regulation within the past year previously announcing that it would release a modified framework…more

CGMP, FD&C Act, FDA, Stem cells

See all updates »

Enforcement of Federal Intellectual Property Rights for Cannabis-Related Inventions Is Being Tested in Federal Court

Numerous cannabis businesses have recently sought and secured federal intellectual property protection for their cannabis-related innovations, for example patents to protect novel cannabis varieties, growing methods, extraction…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Popular

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House Tax Bill Seeks Major Overhaul of Tax Code

On November 2, the Ways and Means Committee released its long-awaited version of tax reform, entitled the “Tax Cuts and Jobs Act.” The bill proposes significant changes to many key areas of federal tax law. This alert highlights…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Estate Tax, Generation-Skipping Transfer

See all updates »

For Purposes of an On-Sale Bar, Sale of Manufacturing Services by a Contract Manufacturer Does Not Necessarily Constitute a "Commercial Sale" of the Invention

On July 11, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in The Medicines Co. v. Hospira, Inc., No. 2014-1469. The decision was by the Federal Circuit sitting en banc (the entire court),…more

America Invents Act, En Banc Review, Manufacturers, On-Sale Bar, Pharmaceutical Patents

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Superior Court of Pennsylvania Holds Management Companies of Long-Term Care Facilities May Be Vicariously Liable for Corporate Negligence

On August 8, 2017, nearly twelve years after Plaintiff Robert Scampone initiated suit against skilled nursing facility Highland Park Care Center (Highland Park) and its management company Grane Healthcare Company (Grane)…more

Corporate Liability, Long Term Care Facilities, Negligence, Vicarious Liability

See all updates »

Recent Developments Related to Travel Restrictions for Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela & Yemen

On September 24, 2017, the White House issued Presidential Proclamation 9645, establishing visa and travel restrictions for nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen (“Proclamation”). …more

Executive Orders, Foreign Nationals, Immigrants, Travel Ban, Trump Administration

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Supreme Court of Pennsylvania Holds Lease Exception of Local Tax Enabling Act Does Not Prevent Business Privilege Tax from Applying to Real Estate Leasing Businesses

On December 21, 2015, the Supreme Court of Pennsylvania held that the exception in 53 P.S. §6924.301.1(f)(1) of the Local Tax Enabling Act (LTEA), which prohibits the taxation of leases and lease transactions, does not preclude…more

Business Privilege Tax, Commercial Leases, Leases, Municipalities, PA Supreme Court

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AIA Trial Fees to Increase Substantially

On November 14, 2017, the United States Patent and Trademark Office (USPTO) published a final rule on fee increases that will take effect on January 16, 2018. 82 Fed. Reg. 52,780. The USPTO has substantially increased the fees…more

America Invents Act, Covered Business Method Proceedings, Filing Fees, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Do You Have a Foreign Trust?

The answer in the litigation context may not be black and white because it requires a careful, analytical walk through the applicable sections of the Internal Revenue Code, the appropriate regulations and the nonexclusive…more

Foreign Trusts, Income Taxes, Internal Revenue Code (IRC), Trustees

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Using Functional Language to Define the Capabilities of Structure

35 USC § 112(b) requires that the specification of a patent “conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention". The failure of a…more

Nautilus Inc. v. Biosig Instruments, Patent Litigation, Patent Trial and Appeal Board, Patents, USPTO

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Did You Know? ¿Sabía Usted? Employers Are Required to Post Some Labor Law Posters in Different Languages

Florida law requires employers to post certain state labor law posters in languages other than English. Employers must prominently display a poster notifying employees of the state minimum wage in both English and Spanish…more

Minimum Wage, Native Language, Posting Requirements, Unemployment Benefits

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New Higher Thresholds Under the Hart-Scott Rodino Antitrust Improvements Act of 1976

Certain threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will be increased. The changes will become effective on February 27, 2017. The Federal Trade Commission (FTC) is…more

Acquisitions, Antitrust Division, DOJ, FTC, Hart-Scott-Rodino Act

See all updates »

Energy Insider Interview Series: Timothy C. Dugan, COO - Exploration and Production, CONSOL Energy

1. CONSOL recently approved its plans to split into two separate entities, with one company focusing exclusively on coal and the other on gas. What was the impetus behind this split, how did it become a reality, and what…more

Coal, Coal Industry, Energy Sector, Natural Gas, Oil & Gas

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Pennsylvania Supreme Court Rejects Longstanding Payne v. Kassab Test, Emphasizes Application of Principles of Pennsylvania Trust Law

On Tuesday, June 20, 2017, the Supreme Court of Pennsylvania held in Pennsylvania Environmental Defense Fund v. Commonwealth, No. 10 MAP 2015 (June 20, 2017) (PEDF), that the longstanding Payne v. Kassab test initially adopted…more

Environmental Rights Amendment, Natural Resources, PA Supreme Court

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TILA-RESPA Integrated Mortgage Disclosure Rule

For more than 30 years, lenders have been required under federal law to provide consumers with two different disclosure forms when applying for a mortgage and two more different disclosure forms at the time of closing…more

CFPB, Disclosure Requirements, Dodd-Frank, Mortgage Lenders, Required Forms

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Terminating a Post-Grant Proceeding By Settlement Before the Patent Trial and Appeal Board Has “Decided the Merits”

Voluntarily terminating a post-grant proceeding before the Patent Trial and Appeal Board (PTAB) prior to a final written decision may be appropriate in situations where the parties have agreed to settle the proceeding…more

Administrative Proceedings, America Invents Act, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, Patent Litigation

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The United States Supreme Court Expands Discharge Exception to Include Fraudulent Transfers

Bankruptcy Code Section 523(a)(2)(A) provides that a debtor may not receive a discharge for a debt for "money, property, services… to the extent obtained by: (A) false pretenses, a false representation or actual fraud… ." In…more

Bankruptcy Code, Chapter 7, Creditors, Debtors, Fraudulent Transfers

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Pennsylvania Statute Amended to Exclude Powers of Attorney in Loan Documents and Commercial Transactions from Acknowledgment and Agent Duty Requirements

Pennsylvania’s power of attorney law was amended on October 4, 2016 to provide exceptions for certain powers of attorney commonly used in commercial and loan transactions from certain provisions of the law. On July 2, 2014,…more

Loans, Power of Attorney

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EEOC Issues Guidance on Providing Unpaid Leave as a Reasonable Accommodation Under the ADA

Motivated by the increasing number of disability discrimination charges related to leave policies, the Equal Employment Opportunity Commission (EEOC) recently issued new guidance discussing unpaid leave as a reasonable…more

ADA, Disability Discrimination, EEOC, Reasonable Accommodation, Undue Hardship

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The Federal Circuit Supports the PTAB in Casting a Wider Obviousness Net

The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“the PTAB” or “the Board”) decision invalidating Outdry Technologies Corp.’s (“Outdry”) patent. In doing so, the Federal Circuit elaborated on the…more

Obviousness, Patent Litigation, Patent Trial and Appeal Board, Patents

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Federal Circuit Vacates PTAB Decision Based on Overly Broad Claim Constructions

In Los Angeles Biomedical Research Institute v. Eli Lilly and Co., No. 2016-1518, the Federal Circuit vacated the Patent Trial and Appeal Board’s determination of unpatentability in an inter partes review (IPR) proceeding,…more

Appeals, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Vacated

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Pennsylvania Supreme Court Rejects Longstanding Payne v. Kassab Test, Emphasizes Application of Principles of Pennsylvania Trust Law

On Tuesday, June 20, 2017, the Supreme Court of Pennsylvania held in Pennsylvania Environmental Defense Fund v. Commonwealth, No. 10 MAP 2015 (June 20, 2017) (PEDF), that the longstanding Payne v. Kassab test initially adopted…more

Environmental Rights Amendment, Natural Resources, PA Supreme Court

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Recent Third Circuit Decision Adopts Bright-Line Rule That Employees Must Be Paid For All Breaks 20 Minutes or Less

The Court of Appeals for the Third Circuit recently ruled that, under the Fair Labor Standards Act (FLSA), employers must pay employees for all breaks that are 20 minutes or less. Secretary United States Department of Labor v…more

Employer Liability Issues, Employment Litigation, FLSA, Rest and Meal Break, Wage and Hour

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Federal Circuit Shifts Burdens for Motions to Amend

On October 4, 2017, the Federal Circuit, sitting en banc, issued its long-awaited decision in Aqua Products, Inc. v. Matal. Appeal No. 2015-1177. The court was fractured in its analysis, issuing five opinions. Seven judges, a…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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The Bird’s Eye View of the 1033 Exchange

Although many people are aware that real property held for business or investment may be exchanged for other, “like-kind” real property (and certain personal property) while deferring recognition of gain or loss for income tax…more

Condemnation, Internal Revenue Code (IRC), IRC Section 1033, Property Owners, Section 1031

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Connecting the Dots: The Seventh Circuit Stretches the Definition of “Referral” to Find Anti-Kickback Liability Where a Physician Did Not Steer Patients to a Particular Provider

The Seventh Circuit recently stretched the definition of “referral” under the federal Anti-Kickback Statute (AKS) to affirm a lower court’s ruling that a physician can trigger AKS violations even if such physician does not steer…more

Anti-Kickback Statute, Home Health Agencies, Medicare, Patient Referrals, Physicians

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Energy Insider Interview Series: Questions for Congressman Adam Kinzinger

1. Let’s talk a little bit about the new Presidential administration and what impact it might have on the energy industry. President Trump has talked about significant changes to energy policy under his administration. One area…more

Energy Policy, Energy Sector, ESPCs, Nuclear Regulatory Commission, Oil & Gas

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Third Circuit Revisits Ascertainability Yet Again: Affidavits Plus Objective Records May Suffice

How do you know who’s in a class? Under the Third Circuit’s ascertainability standard – which the court has found to be inherent in Rule 23 – that determination requires a clear class definition and a reliable and…more

Ascertainable Class, Class Action, Class Certification, Faxes, Rule 23

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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Property Owner Challenges Liens Recorded After Florida Foreclosure Judgment – Appeal Likely

Mortgage lenders and prospective purchasers of foreclosure properties in Florida are keeping a close eye on a recent District Court of Appeals case, Ober v. Town of Lauderdale-by-the-Sea. In August 2016, the District Court of…more

Bank of America, Foreclosure, Mortgage Lenders, Mortgages, Property Owners

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Design Patents – The Forgotten Protection

The use of design patents to protect a new product is frequently overlooked. The public only becomes aware of design patents whenever the rare blockbuster jury verdict arises such as Apple’s verdict over Samsung over iPhone and…more

Apple, Apple v Samsung, Design Patent, Intellectual Property Protection, iPhone

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U.S. Patent and Trademark Office Announces One-Year Extensions of Two Popular Programs

On September 28, 2017, the U.S. Patent and Trademark Office announced that both the After-Final Consideration Pilot 2.0 (AFCP 2.0) and Quick Path Information Disclosure (QPIDS) Pilot programs have been extended to September 30,…more

AFCP, Patent Examinations, Patents, QPIDS, Request for Continued Examination

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“Death by a Thousand Cuts” – Commercial Landlord Liable for Constructive Eviction Based on Cumulative Interference with Tenant’s Quiet Enjoyment

In its recent decision, Sears, Roebuck & Co. v. 69th Street Retail Mall, L.P., 2015 WL 5778622, the Pennsylvania Superior Court affirmed the liability of a commercial landlord on a claim of constructive eviction based on the…more

Commercial Leases, Commercial Tenants, Covenant of Quiet Enjoyment, Eviction, Interference Proceeding

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Unpaid Real Estate Tax Can Become a Lien on All of a Property Owner’s Real Estate in Pennsylvania

The basic notion that unpaid real estate taxes may become a lien against property for which those taxes have been assessed and gone unpaid is commonplace to many. The framework for this process is contained in statutes such as…more

Liens, Property Liens, Property Tax

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Third Circuit Confirms That One Call Is All for TCPA Violation

One errant solicitation call to the wrong person’s cellphone is all it takes to trigger liability under the TCPA. That was the essence of last week’s decision by the Third Circuit Court of Appeals in the putative class action…more

Auto-Dialed Calls, Class Action, Injury-in-Fact, TCPA

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When a "Golden Share Veto" is Trumped by Federal Public Policy

Last month, the United States Bankruptcy Court for the District of Delaware was faced with a frequently-contested issue: whether a debtor’s bankruptcy petition was filed pursuant to proper corporate authority under state law. In…more

Bankruptcy Court, Corporate Governance, Institutional Investors, Limited Liability Company (LLC)

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Standing in Foreclosure Cases: Still a Recurring Issue

On July 13, 2016, Florida’s Fourth District Court of Appeal held that summary judgment was improperly entered because an affidavit filed by a substitute plaintiff conflicted with the mortgage foreclosure complaint as to what…more

Borrowers, Foreclosure, Mortgages, Standing, Summary Judgment

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Four Things You Need to Know: Summary of the 2016 Amendments to Practice Before the PTAB

On April 1, 2016, the Patent Office announced several changes to practice before the Patent Trial and Appeal Board (“PTAB”). On April 27, 2016, the Patent Office announced a minor correction to those rules. Here are four key…more

Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Post-Grant Review

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DHS to Wind Down DACA Program Over a Six-Month Period

On September 5, 2017, the U.S. Department of Homeland Security (“DHS”) issued a Memorandum and Frequently Asked Questions announcing the winding down of the program known as Deferred Action for Childhood Arrivals (“DACA”). DHS…more

DACA, DHS, Employment Authorization Documents (EAD), Immigration Reform, USCIS

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Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine

On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those…more

Attorney-Client Privilege, Chapter 7, Debtors, Work Product Privilege

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Third Circuit Court of Appeals Concludes that Section 303(i) Does Not Preempt State Law Claims of Non-Debtors Predicated on the Filing of an Involuntary Petition

In Rosenberg, et al. v. DVI Receivables XVII, LLC, 2016 WL 4501675, at *1 (3d Cir. Aug. 29, 2016), the Third Circuit Court of Appeals held that damages awarded pursuant to Section 303(i) of the Bankruptcy Code for an involuntary…more

Bankruptcy Code, Commercial Bankruptcy, Creditors, Preemption

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DOJ Announces Temporary Extension of FCPA “Pilot Program”

The U.S. Department of Justice (DOJ) announced on March 10, 2017 that it will temporarily extend the “Pilot Program” applicable to offenses under the U.S. Foreign Corrupt Practices Act (FCPA). Previously set to expire on April…more

Compliance, Cooperation, DOJ, FCPA, Federal Pilot Programs

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Revised Draft Rule G-42: MSRB Continues to Fine-Tune Rules Applicable to Municipal Advisors

On July 23, 2014, the Municipal Securities Rulemaking Board (MSRB) issued Regulatory Notice 2014-12 requesting comments on a revised draft of MSRB Rule G-42 on standards of conduct and duties of municipal advisors when engaging…more

Code of Conduct, Conflicts of Interest, Disclosure Requirements, General Solicitation, MSRB

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Chasing Waterfalls

Previously I discussed the importance of a company’s cap table. In addition to the importance of the cap table while the company is a going concern, it is critically important during the exit because it is a key tool in…more

Convertible Debt, Investors, Promissory Notes, Shareholders, Startups

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Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion…more

Breach of Contract, Corporate Counsel, Discovery, Electronically Stored Information, Email

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Statutory Damages for Infringement of your Copyrights and Trademarks

Statutory damages for copyright and trademark infringement are damages provided for under federal law, which is an advantage to the claimant because other types of damages (lost profits, compensatory damages) can be difficult to…more

Copyright Infringement, Statutory Damages, The Copyright Act, Trademark Infringement, Willful Infringement

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2019 Diversity Visa Lottery Registration Open October 3 – November 7, 2017

Each year, the Diversity Visa Lottery (DV) Program makes available 50,000 immigrant visas to aliens from selected countries. The list of selected eligible countries changes each year. See end of this summary for those countries…more

Diversity Lottery, Green Cards, Immigrants, US Department of State, Visas

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Supreme Court of Pennsylvania Holds Lease Exception of Local Tax Enabling Act Does Not Prevent Business Privilege Tax from Applying to Real Estate Leasing Businesses

On December 21, 2015, the Supreme Court of Pennsylvania held that the exception in 53 P.S. §6924.301.1(f)(1) of the Local Tax Enabling Act (LTEA), which prohibits the taxation of leases and lease transactions, does not preclude…more

Business Privilege Tax, Commercial Leases, Leases, Municipalities, PA Supreme Court

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IRS Provides New Guidance to Simplify International Grantmaking by Private Foundations

International charitable giving by Americans has increased dramatically in recent years, and is evolving as a tax planning area of significant importance. Contributions by individuals and private foundations to, or for the…more

501(c)(3), Charitable Donations, Internal Revenue Code (IRC), IRS, Tax Exempt Entities

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Update on the SEC's MCDC Initiative

Many issuers and other obligors of tax-exempt bonds (Issuers) have asked about the status of the Municipalities Continuing Disclosure Cooperation initiative (MCDC). Much attention has been directed to the February 2, 2016…more

MCDC, SEC, Self-Reporting, Tax-Exempt Bonds, Underwriting

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Cyber Risk News & Trends

Cybersecurity This Month: Employment - The global “WannaCry” ransomware attack that peaked last week as well as the growing threat of Adylkuzz, another new piece of malware, illustrate a basic problem that will only become…more

Anthem Insurance, Cyber Attacks, Cybersecurity, Data Breach, Malware

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Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all loan…more

Fiduciary Duty, Loans, New Legislation, Power of Attorney, Security Agreements

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Proposed Riverfront Interim Planning Overlay District to Provide Additional Zoning Regulations in Pittsburgh

On Tuesday, May 24, 2016, Pittsburgh City Council passed an ordinance creating a new Interim Planning Overlay District (IPOD) along all of Pittsburgh’s nearly 35 miles of riverfront. The IPOD legislation was initiated by the…more

Property Owners, Real Estate Development, Waterfront Properties, Zoning Laws

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Third Circuit Decision Confirms Jury Decision Disallowing Deduction of Certain Post-Production Costs from Royalty Checks

On October 24, 2016, in Pollock v. Energy Corp. of Am., Nos. 15-2648 & 15-2649, 2016 WL 6156313 (3d Cir. Oct. 24, 2016), a panel of the United States Court of Appeals for the Third Circuit denied Energy Corporation of America’s…more

Energy Sector, Land Owners, Oil & Gas, Royalties

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Repayment Delay Fuels Whistleblower Settlement

On October 13, 2017, the United States Department of Justice (DOJ) revealed that First Coast Cardiovascular Institute, P.A. (FCCI) entered into a Settlement Agreement with the federal government and the State of Florida…more

DOJ, False Claims Act (FCA), Health Care Providers, Medicaid, Medicare

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P3 Infrastructure Forum

My partner Bob Shuster and I recently attended the annual P3 Infrastructure Forum in NYC. Organized by InfraAmericas, it brings public and private players in the P3 space together for a couple of days to discuss the status of…more

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Preservation of ESI Under Rule 37(e)

In the short amount of time since the amendment to Rule 37(e) of the Federal Rules of Civil Procedure, courts have confronted the task of applying the parameters of this newly revised Rule. Importantly, in contrast to the prior…more

Discovery, Duty to Preserve, Electronically Stored Information, Federal Rules of Civil Procedure, FRCP 37(e)

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NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does…more

Appeals, Expert Testimony, Long Term Care Facilities, Long-Term Care, Negligence

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Open Source Software….A Quick FAQ

Some complicated topics are easy and some easy topics are complicated. This one is actually both. So let’s just start with some of the fundamentals: What is the difference between “closed” source and “open”…more

Licenses, Open Source Software, Popular, Software, Software Developers

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Entity Selection Series | Part Three: The Benefits of an S-Corporation

In Part One and Part Two of the Entity Selection Series, we discussed the benefits of a Limited Liability Company and a C-Corporation for organizing a venture business. In this edition, we will discuss the benefits (and…more

C-Corporation, Corporate Taxes, IRS, S-Corporation, Shareholders

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The Bird’s Eye View of the 1033 Exchange

Although many people are aware that real property held for business or investment may be exchanged for other, “like-kind” real property (and certain personal property) while deferring recognition of gain or loss for income tax…more

Condemnation, Internal Revenue Code (IRC), IRC Section 1033, Property Owners, Section 1031

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Maintaining Privilege for Quality Assurance Performance Improvement (QAPI) Documents and Reports

The Affordable Care Act (ACA), which was passed in 2010, provides authority for the Centers for Medicare & Medicaid Services (CMS) to establish and implement a Quality Assurance and Performance Improvement program for nursing…more

Affordable Care Act, CMS, Health Care Providers, Long Term Care Facilities, Long-Term Care

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Ninth Circuit Rules an Employer Willfully Violated the Fair Credit Reporting Act by Including Liability Waiver With the Disclosure Form

In a case of first impression, the Ninth Circuit ruled that an employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in a disclosure and authorization form that it provided to a job…more

Background Checks, Employer Liability Issues, FCRA, Hiring & Firing, Job Applicants

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Delaware Supreme Court Weighs In On “Direct v. Derivative” Question Certified By Second Circuit

In Citigroup Inc. v. AHW Investment Partnership, No. 641, 2015 (Del. May 24, 2016), the Delaware Supreme Court answered a certified question of law presented by the Second Circuit Court of Appeals allowing shareholders claiming…more

Citigroup, DE Supreme Court, Misrepresentation, Mortgage-Backed Securities, Shareholders

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You Might Not Like This, But: The Supreme Court Rules that Trademark Registrations Cannot Be Barred Because Offensive

The U.S. Supreme Court has reminded us again that the First Amendment’s protection of free speech includes speech that might hurt your feelings. In a unanimous decision after a two year litigation battle, the Court just held…more

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

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Pennsylvania Supreme Court Rejects Longstanding Payne v. Kassab Test, Emphasizes Application of Principles of Pennsylvania Trust Law

On Tuesday, June 20, 2017, the Supreme Court of Pennsylvania held in Pennsylvania Environmental Defense Fund v. Commonwealth, No. 10 MAP 2015 (June 20, 2017) (PEDF), that the longstanding Payne v. Kassab test initially adopted…more

Environmental Rights Amendment, Natural Resources, PA Supreme Court

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Unpaid Real Estate Tax Can Become a Lien on All of a Property Owner’s Real Estate in Pennsylvania

The basic notion that unpaid real estate taxes may become a lien against property for which those taxes have been assessed and gone unpaid is commonplace to many. The framework for this process is contained in statutes such as…more

Liens, Property Liens, Property Tax

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Mortgages Prime Unrecorded Lease With Right of First Refusal

In a 2016 decision, Dahari v. Villafana, No. 20219/2013, 2016 NY slip op. 31859(U) (Oct. 3, 2016), a New York Court looked at a long-standing concept in real property: whether an unrecorded conveyance is void against a…more

Mortgages, Right of FIrst Refusal, Summary Judgment

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Potential Adverse Inference Instruction for Unintended ESI Spoliation May Suggest Limitations of Recently Amended Rule 37(e)

Much writing about electronic discovery consists of horror stories, often about harsh sanctions for unintended loss of electronically stored information (ESI). The Federal Rules were amended in late 2015 to address concerns that…more

Adverse Inference Instructions, Discovery, Duty to Preserve, Electronically Stored Information, FRCP 37(e)

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More About “Boilerplate” Non-disclosure Agreements

A previous post described some general issues regarding Non-Disclosure Agreements. This post highlights a few additional key issues to watch out for when reviewing Non-Disclosure Agreements (“NDAs”). Residual Clauses…more

Boilerplate Language, Confidential Information, Non-Disclosure Agreement, Residual Clause

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Attacking Cybersecurity from the Inside Out: Part III

Over the last couple of weeks, we’ve explored the steps a company’s leadership team should take to prioritize cybersecurity and how businesses can improve their cybersecurity strategy by enhancing their employee-level cyber…more

Cyber Threats, Cybersecurity, Hackers, Service Level Agreements

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Attacking Cybersecurity from the Inside Out: Part III

Over the last couple of weeks, we’ve explored the steps a company’s leadership team should take to prioritize cybersecurity and how businesses can improve their cybersecurity strategy by enhancing their employee-level cyber…more

Cyber Threats, Cybersecurity, Hackers, Service Level Agreements

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Energy-Related Legislation Moves Forward

A flurry of energy-related legislation moved forward over the past week, including several measures aimed at overturning controversial rules from the Environmental Protection Agency (EPA). While most will not become law – either…more

Clean Power Plan, Energy Sector, EPA, Pending Legislation, Waters of the United States

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New Details Emerge on the EPA Budget

President Trump released more details regarding his so called “skinny budget”, which was previously released on March 16, 2017. The new 64-page EPA memo sheds greater light on the skinny budget’s outline that calls for a 31%…more

Budget Cuts, EPA, Federal Budget, Trump Administration

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Supreme Court Paves Way for Faster Marketing of Biosimilars

The Supreme Court in Sandoz Inc. v. Amgen, Inc., 15-1039, reversed the Federal Circuit on some of the most basic provisions of the Biologics Price Competition and Innovation Act of 2009 (BPCIA or the Act). In a unanimous…more

Biosimilars, BPCIA, FDA, Patent Infringement, Patents

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CMS Releases Final OPPS Rule: Removes Total Knee Replacements from IOP List; Adds Three New ASC Eligible Procedures

On November 6, 2017, CMS published its final rule for the 2018 Outpatient Prospective Payment System (OPPS). The changes will go into effect January 1, 2018. Among other changes, the rule will allow Medicare payment for…more

Ambulatory Surgery Centers, CMS, Health Care Providers, Medicare, Outpatient Prospective Payment System (OPPS)

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Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied to…more

DOL, Employer Liability Issues, Florida, FLSA, Minimum Wage

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Court Revisits FBAR Willfulness Requirement and Concludes Taxpayer Is Not Willful

In a recent decision, the United States District Court for the Eastern District of Pennsylvania reexamined the requirements for willful failure to file a TD F 90-22.1, the predecessor to the current FinCEN Form 114, Report of…more

FBAR, Filing Requirements, FinCEN, Foreign Bank Accounts, IRS

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The Juicy Truth – Supreme Court Rules that POM May Bring False Advertising Claim Based on Coke’s Misleading Juice Label

On June 12, 2014, the Supreme Court issued an opinion holding that the Federal Food, Drug and Cosmetic Act (FFDCA) does not presumptively bar Lanham Act claims that challenge food and beverage labels. This decision comes at a…more

Advertising, Coca Cola, False Advertising, FDA, FDCA

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Commercial Leasing Do’s and Don’ts

Commercial leases set out all of the rules and requirements that will govern a business relationship for a long period of time. Real property location and costs are significant elements of any successful business operation. In…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Terms, Land Use Restrictions

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Unconventional Natural Gas Operators – What You Need to Know about New Deadlines and Reporting Requirements under Pennsylvania’s New Regulations

Final environmental regulations for unconventional natural gas wells (Chapter 78a Regulations) were published in the Pennsylvania Bulletin (Bulletin) and immediately enforceable on October 8, 2016. The Chapter 78a Regulations…more

Department of Environmental Protection, Natural Gas, Oil & Gas, Reporting Requirements

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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks, USPTO

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Frick Building Accident Highlights Need for Diligent Compliance with City Code

The recent accident at the Frick Building in Pittsburgh, where a 1,400 pound piece of granite façade fell more than 21 stories and landed on the normally busy intersection of Grant St. and Forbes Ave., highlights the need for…more

Building Codes, Commercial Real Estate Market, Construction Industry, Negligence

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DHS to Wind Down DACA Program Over a Six-Month Period

On September 5, 2017, the U.S. Department of Homeland Security (“DHS”) issued a Memorandum and Frequently Asked Questions announcing the winding down of the program known as Deferred Action for Childhood Arrivals (“DACA”). DHS…more

DACA, DHS, Employment Authorization Documents (EAD), Immigration Reform, USCIS

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D.C. Circuit Strikes Down Confidentiality Agreement That Encompasses Private Employee Information

In Banner Health System v. N.L.R.B., 2017 WL 1101104 (D.C. Cir. 2017), the court struck down a confidentiality agreement that encompassed “private employee information (such as salaries, disciplinary action, etc.) that is not…more

Confidentiality Agreements, Corporate Counsel, NLRA, NLRB, Section 7

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Supreme Court Paves Way for Faster Marketing of Biosimilars

The Supreme Court in Sandoz Inc. v. Amgen, Inc., 15-1039, reversed the Federal Circuit on some of the most basic provisions of the Biologics Price Competition and Innovation Act of 2009 (BPCIA or the Act). In a unanimous…more

Biosimilars, BPCIA, FDA, Patent Infringement, Patents

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Maryland Phases-In Increased Exemptions for Estate Tax

Currently, in addition to any federal estate tax, Maryland imposes an estate tax on property that passes upon the death of an individual on the amount of the decedent’s taxable estate in excess of $1 million. The maximum rate of…more

Beneficiaries, Estate Tax, Exemptions, New Legislation, Property Tax

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Sales & Use Tax to Increase, Base to be Expanded Under 2015-2016 Budget Proposal

Pennsylvania Governor Tom Wolf released his proposed 2015-2016 state General Fund budget on March 3, 2015. It sets forth a spending plan of $29.9 billion, increasing state expenditures by $836.5 million or 2.8 percent (after…more

Sales & Use Tax, State Budgets, Tax Exemptions

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Does an Exculpatory Clause Protect Trustees Against Claims of Breach of Fiduciary Duty?

The starting point for evaluating whether trustees have breached a fiduciary duty is the settlor's intent as provided in a trust instrument, and many trusts contain clauses known as "exculpatory" clauses. These clauses often are…more

Breach of Duty, Fiduciary Duty, Trustees, Uniform Trust Code

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Supreme Court Holds That Church-Related Hospital Pension Plans Are Not Subject to ERISA

The United States Supreme Court recently held in Advocate Health Care Network v. Stapleton, 2017 WL 2407476 (2017), that pension plans maintained by church-affiliated entities, such as hospitals and nursing homes, are exempt…more

Advocate Health Care v Stapleton, Church Plans, ERISA, Hospitals, Pensions

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171 and Done, Elimination of the Capital Stock and Foreign Franchise Taxes in Pennsylvania

On January 4, 2016, Pennsylvania Governor Tom Wolf announced the elimination of the capital stock and foreign franchise tax effective January 1, 2016. Prior to 2016, all domestic corporations formed in Pennsylvania, including…more

Franchise Taxes, Limited Liability Company (LLC), Limited Partnerships, Transfer Taxes

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Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,…more

Accessibility Rules, ADA, Disability Discrimination, Florida, Frivolous Lawsuits

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Application Deadline for the CITF Grant and Loan Program – February 26, 2016

The deadline to submit applications for Community Infrastructure and Tourism Fund (CITF) grants and loans is February 26, 2016. There is an estimated $6,600,000 available in grants and loans for approved applicants. The maximum…more

Economic Development, Grants, Infrastructure, Loans, Real Estate Development

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Forbear or Beware: Are Forbearance Agreements the Solution to California Creditors' Nightmares?

In commercial and real estate disputes, the creditor oftentimes agrees to settle his claim for a discounted amount payable in fixed installments over time, but, at the same time, the creditor requires the debtor to secure its…more

Commercial Loans, Creditors, Forbearance Agreements, Judgment Creditors, Promissory Notes

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Maintaining Privilege for Quality Assurance Performance Improvement (QAPI) Documents and Reports

The Affordable Care Act (ACA), which was passed in 2010, provides authority for the Centers for Medicare & Medicaid Services (CMS) to establish and implement a Quality Assurance and Performance Improvement program for nursing…more

Affordable Care Act, CMS, Health Care Providers, Long Term Care Facilities, Long-Term Care

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The Zika Threat Is Now In Our Backyard! What Employers Need To Know

As the dog days of summer draw to a close, many United States residents continue to think of the Zika virus as that slight distraction to Olympic athletes and the fans who cheered them to victory in the Rio games. However, what…more

ADA, CDC, Infectious Diseases, OSHA, Popular

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Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the…more

ADA, Disability Discrimination, EEOC, Employer Liability Issues, FMLA

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Three Ways the Clean Power Plan Won’t Be Overturned...And Why They Still Matter

Over the last seven years, the President and Congress have waged a number of battles over key pieces of legislation. In some cases, Congress has attempted to roll back or overturn policies and laws through votes in the House and…more

Clean Power Plan, Energy & Climate Debates, Energy Sector, EPA

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The PTAB Establishes Standards for Exercising Discretion to Deny Institution Under § 314(a) and § 325(d)

In AIA post-grant proceedings, petitioners occasionally present challenges based on prior art or argumentation that was previously presented to the Patent Office. In some cases, the Patent Trial and Appeal Board (PTAB) has…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Discovery of Secondary Considerations Information at PTAB

The Patent Trial and Appeal Board’s rules allow parties to request discovery in inter partes review proceedings.[1] In light of the strict standard for authorizing “additional discovery,” these requests are granted in very…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Do You Have a Foreign Trust?

The answer in the litigation context may not be black and white because it requires a careful, analytical walk through the applicable sections of the Internal Revenue Code, the appropriate regulations and the nonexclusive…more

Foreign Trusts, Income Taxes, Internal Revenue Code (IRC), Trustees

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DHS to Wind Down DACA Program Over a Six-Month Period

On September 5, 2017, the U.S. Department of Homeland Security (“DHS”) issued a Memorandum and Frequently Asked Questions announcing the winding down of the program known as Deferred Action for Childhood Arrivals (“DACA”). DHS…more

DACA, DHS, Employment Authorization Documents (EAD), Immigration Reform, USCIS

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Frick Building Accident Highlights Need for Diligent Compliance with City Code

The recent accident at the Frick Building in Pittsburgh, where a 1,400 pound piece of granite façade fell more than 21 stories and landed on the normally busy intersection of Grant St. and Forbes Ave., highlights the need for…more

Building Codes, Commercial Real Estate Market, Construction Industry, Negligence

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Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied to…more

DOL, Employer Liability Issues, Florida, FLSA, Minimum Wage

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California Enhances Discrimination Laws

The California Fair Employment and Housing Act (FEHA) was recently amended in several significant respects. These amendments include: (a) expanding FEHA’s scope to cover employers with at least five employees, only one of whom…more

Anti-Discrimination Policies, Anti-Harassment Policies, DFEH, FEHA, Pregnancy Disability Leave Law

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Preservation of ESI Under Rule 37(e)

In the short amount of time since the amendment to Rule 37(e) of the Federal Rules of Civil Procedure, courts have confronted the task of applying the parameters of this newly revised Rule. Importantly, in contrast to the prior…more

Discovery, Duty to Preserve, Electronically Stored Information, Federal Rules of Civil Procedure, FRCP 37(e)

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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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Supreme Court Paves Way for Faster Marketing of Biosimilars

The Supreme Court in Sandoz Inc. v. Amgen, Inc., 15-1039, reversed the Federal Circuit on some of the most basic provisions of the Biologics Price Competition and Innovation Act of 2009 (BPCIA or the Act). In a unanimous…more

Biosimilars, BPCIA, FDA, Patent Infringement, Patents

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Legal Ramifications of the Bedbug Renaissance

Recently, several states and municipalities have increased landlords’ responsibility pertaining to prevention, disclosure and treatment of bedbugs in their housing units. As many unfortunately know, controlling a bedbug…more

Bedbugs, Health and Safety, Implied Warranty of Habitability, Landlords, Municipalities

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Trademark Trial Appeal Board Sustains Fraud Claim

On September 30, 2014, the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (PTO) issued a precedential opinion in favor of a Buchanan Ingersoll & Rooney client, Nationstar Mortgage, LLC. The…more

Fraud, Precedential Opinion, Trademark Trial and Appeal Board, Trademarks, USPTO

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Section 162(m) Compliance Reminder

Compensation paid by a publicly-traded corporation to its Chief Executive Officer and three other highest compensated officers (other than the Principal Financial Officer) is generally not tax deductible to the extent the…more

Executive Compensation, IRS, Publicly-Traded Companies, Section 162(m), Stock Options

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Texas Federal Court Issues Nationwide Injunction Barring Implementation of New Overtime Rules

On November 22, 2016, a federal court in Texas ruled that the U.S. Department of Labor (DOL) unlawfully issued its Final Rule raising the minimum annual salary threshold for most “white collar” overtime exemptions under the Fair…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

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Cyber Risk News & Trends

Cybersecurity This Month: Employment - The global “WannaCry” ransomware attack that peaked last week as well as the growing threat of Adylkuzz, another new piece of malware, illustrate a basic problem that will only become…more

Anthem Insurance, Cyber Attacks, Cybersecurity, Data Breach, Malware

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ICYMI: Energy & Environmental News Roundup

Oil & Gas - Bureau of Land Management Accepts Bids for Oil & Gas Leases in Wayne National Park - On Tuesday, December 13, 2016, the federal Bureau of Land Management (BLM) began accepting bids for oil and gas leases on…more

Bureau of Land Management, Clean Energy, EPA, Investors, Oil & Gas

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Pennsylvania Commonwealth Court Rejects Department of Revenue’s Attempt to Expand Realty Transfer Tax on Leases

In a decision issued yesterday in Saturday Family and Techspec Inc. v. Commonwealth, the Pennsylvania Commonwealth Court reversed the decisions of the administrative boards and rejected the Department of Revenue’s attempt to…more

Appraisal, Department of Revenue, Fair Market Value, Landlords, Realty Transfer Taxes

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House Tax Bill Seeks Major Overhaul of Tax Code

On November 2, the Ways and Means Committee released its long-awaited version of tax reform, entitled the “Tax Cuts and Jobs Act.” The bill proposes significant changes to many key areas of federal tax law. This alert highlights…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Estate Tax, Generation-Skipping Transfer

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SEC’s Division of Corporate Finance Issues Statement on Conflict Minerals Disclosure Requirements

Ruling & Enforcement: Conflict Minerals’ Disclosure - On April 3, 2017, the U.S. District Court for the District of Columbia entered a final judgment in favor of the National Association of Manufacturers, declaring that…more

Conflict Mineral Rules, Corp Fin, Disclosure Requirements, Dodd-Frank, First Amendment

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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Win for Employer in New Jersey Whistleblower Case

In a 5-1 ruling, the New Jersey Supreme Court affirmed the Appellate Division’s ruling that a nurse who claimed that he was fired for blowing the whistle on alleged improper patient care could not rely on a nurse’s professional…more

Employer Liability Issues, Whistleblower Protection Policies, Whistleblowers

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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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United States Supreme Court to Decide Whether Recharacterization of Debt Should Be Decided by State or Federal Law

On June 27, 2017, the United States Supreme Court granted the petition for writ of certiorari regarding the decision In re Province Grande Olde Liberty, LLC, 655 Fed.Appx. 971 (4th Cir. Aug. 12, 2016) to decide a circuit split…more

Bankruptcy Code, Bankruptcy Court, Certiorari, Federal v State Law Application, Recharacterization

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Bankruptcy Court Assesses Sanctions on Mortgage Servicer for Failure to File Notices Relating to Residential Mortgage Loans

In re Gravel, ____ B.R. _____, Case Nos. 11-10112, 11-10281, 12-10512, 2016 WL 4765773 (Bankr. D.Vt. September 12, 2016) - In September of 2016, the United States Bankruptcy Court for the District of Vermont assessed…more

Bankruptcy Court, Chapter 13, Consumer Bankruptcy, Debtors, Mortgage Servicers

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BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the…more

BP, BP Claims Program, Class Action, Complex Litigation, Economic Damages

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United States Supreme Court to Decide Whether Recharacterization of Debt Should Be Decided by State or Federal Law

On June 27, 2017, the United States Supreme Court granted the petition for writ of certiorari regarding the decision In re Province Grande Olde Liberty, LLC, 655 Fed.Appx. 971 (4th Cir. Aug. 12, 2016) to decide a circuit split…more

Bankruptcy Code, Bankruptcy Court, Certiorari, Federal v State Law Application, Recharacterization

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FTC Antitrust Guidance for Human Resources Professionals

On October 20, 2016, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division (together the Agencies) released Guidance for Human Resource Professionals on how antitrust laws applies to employee…more

DOJ, FTC, FTC Act, Human Resources Professionals, Popular

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SEC to Streamline Disclosures for Public Companies, Investment Companies and Investment Advisers

The United States Securities and Exchange Commission (SEC) voted in open meeting on October 11, 2017 to propose amendments to its regulations to modernize, streamline and simplify disclosure requirements for public companies,…more

Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), Investment Adviser, Investment Companies, Proposed Amendments

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Motions to Exclude Expert Testimony Before the PTAB Are Rarely Successful: Make Your Arguments in Substantive Responses and Replies

It is common for both petitioners and patent owners to present expert opinion testimony in post-grant proceedings before the Patent Trail and Appeal Board (PTAB). In many cases, parties have moved to exclude all or part of the…more

Inter Partes Review (IPR) Proceeding, Motion to Exclude, Patent Litigation, Patent Trial and Appeal Board, Patents

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SEC Reproposes Rule 13q-1 Requiring Extraction Industries to Publicly Disclose Payments to Governments

On Friday, December 11th, the Securities and Exchange Commission (SEC) voted to repropose Rule 13q-1 to require disclosure of certain payments made by resource extraction companies to the U.S. or other governments. The…more

Dodd-Frank, Public Disclosure, Resource Extraction, SEC

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University License Agreements: Tips for Start-up Companies

Universities develop and license innovative technologies, patents and cutting edge research, and often transfer the benefit of such innovations to the public through licensing agreements with start-up companies. By licensing…more

License Agreements, Licenses, Patents, Startups, Universities

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Standing in Foreclosure Cases: Still a Recurring Issue

On July 13, 2016, Florida’s Fourth District Court of Appeal held that summary judgment was improperly entered because an affidavit filed by a substitute plaintiff conflicted with the mortgage foreclosure complaint as to what…more

Borrowers, Foreclosure, Mortgages, Standing, Summary Judgment

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Sales & Use Tax to Increase, Base to be Expanded Under 2015-2016 Budget Proposal

Pennsylvania Governor Tom Wolf released his proposed 2015-2016 state General Fund budget on March 3, 2015. It sets forth a spending plan of $29.9 billion, increasing state expenditures by $836.5 million or 2.8 percent (after…more

Sales & Use Tax, State Budgets, Tax Exemptions

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Eleventh Circuit Holds that a Debtor who Elects to “Surrender” Real Property Cannot Oppose the Lender’s Foreclosure Case

In In re Failla, 838 F.3d 1170 (11th Cir. Oct. 4, 2016), the Eleventh Circuit resolved a split among Florida bankruptcy judges by ruling that a debtor who elects to "surrender" real property during its bankruptcy case cannot…more

Chapter 7, Consumer Bankruptcy, Creditors, Debtors, Foreclosure

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Covenants Not to Sue in Connection with Nuisance and Other Property Claims Can Be Enforceable against Future Owners

At times, where a developer seeks to obtain an easement from a landowner for the construction of infrastructure or improvements on or adjacent to the landowner’s property, the landowner may request additional consideration to…more

Covenant Not to Sue, Easements, Infrastructure, Nuisance

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The Myth of Mesivtah – The Mistaken Claim that this Pennsylvania Supreme Court Decision Changed Tax Exemption Law. It Didn’t.

Many taxing bodies characterize the Pennsylvania Supreme Court’s decision in Mesivtah Eitz Chaim of Bobov v. Pike County Board of Property Assessment, 44 A.3d 3 (Pa. 2012), as having profoundly changed Pennsylvania charitable…more

Constitutional Amendment, PA Supreme Court, Property Tax, Public Charities, Tax Exemptions

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Pennsylvania Court Ends Ban on Ex-Offenders Working in Nursing Homes

The Pennsylvania Commonwealth Court recently declared that a portion of the Pennsylvania Older Adults Protective Services Act, 35 P.S. §§ 10225.101, et seq. (Act), which prohibited individuals with certain criminal convictions…more

Amended Regulation, Criminal Records, Elder Abuse, Hiring & Firing, Nursing Homes

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2019 Diversity Visa Lottery Registration Open October 3 – November 7, 2017

Each year, the Diversity Visa Lottery (DV) Program makes available 50,000 immigrant visas to aliens from selected countries. The list of selected eligible countries changes each year. See end of this summary for those countries…more

Diversity Lottery, Green Cards, Immigrants, US Department of State, Visas

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CMS Releases Final OPPS Rule: Removes Total Knee Replacements from IOP List; Adds Three New ASC Eligible Procedures

On November 6, 2017, CMS published its final rule for the 2018 Outpatient Prospective Payment System (OPPS). The changes will go into effect January 1, 2018. Among other changes, the rule will allow Medicare payment for…more

Ambulatory Surgery Centers, CMS, Health Care Providers, Medicare, Outpatient Prospective Payment System (OPPS)

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Groundwork for an M&A Exit – Due Diligence Topics

Selling the company involves a lot of time and effort for management, but there are a few things you can do to get ready for a sale to improve the speed and reduce somewhat the pain of the process. Below are tips on…more

Acquisitions, Due Diligence, Mergers, Non-Disclosure Agreement

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FinCEN's New Rules for High-End Real Estate Purchased by Entities

On January 13, 2016, the Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced Geographic Targeting Orders (GTOs) designed to gather data related to its anti-money laundering efforts in the Borough…more

Anti-Money Laundering, FinCEN, Geographic Targeting Order, New Regulations, Real Estate Market

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Superior Court of Pennsylvania Holds Management Companies of Long-Term Care Facilities May Be Vicariously Liable for Corporate Negligence

On August 8, 2017, nearly twelve years after Plaintiff Robert Scampone initiated suit against skilled nursing facility Highland Park Care Center (Highland Park) and its management company Grane Healthcare Company (Grane)…more

Corporate Liability, Long Term Care Facilities, Negligence, Vicarious Liability

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OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the Comptroller…more

Banks, Exploration and Production Assets, Handbooks, Lending, OCC

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Energy Insider Interview Series: Questions for Independent Petroleum Association of America President and CEO Barry Russell

1. IPAA has long advocated for smart and responsible oil and gas development and remained at the forefront of the discussions shaping policy and regulations affecting the industry. What’s your take on the first six months of the…more

Energy Sector, FERC, Natural Gas, Oil & Gas, Outer Continental Shelf

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Energy Insider Interview Series: Questions for NARUC President/PA PUC Commissioner Robert F. Powelson

1. You were elected as President of the National Association of Regulatory Utility Commissioners (NARUC) back in November. What have you established as goals for your term as President and what will NARUC be focusing on in…more

Clean Power Plan, Electricity, Public Utilities Commission, Public Utility, Renewable Energy

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Survey Says...Get a Survey

In a decision filed on April 11, 2017, a Superior Court of Pennsylvania case highlights issues that can arise when discrepancies occur between a metes and bounds description of realty versus a parcel number. It also illustrates…more

Purchase Agreement, Real Estate Market, Real Estate Transactions, Title Insurance

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Business Succession (a/k/a “Buy-Sell”) Agreements: Plan Ahead for the Unexpected

Unexpected events happen in business, just as in all other aspects of life. The death, disability, retirement or “divorce” of business owners can jeopardize a healthy business or send it into a financial tailspin. That’s why…more

Succession Planning

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Commonwealth Court Rejects Constitutional Challenge to Natural Gas Production on State-Owned Lands and Use of Lease Funds in General Budget

The Commonwealth Court of Pennsylvania has dismissed a lawsuit filed by the Pennsylvania Environmental Defense Foundation (PEDF) to declare unconstitutional and enjoin natural gas extraction from State park and forest land. PEDF…more

Mineral Extraction, Mineral Leases, Natural Gas, Public Land, Resource Extraction

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PIPELINE SERIES PART III – The Benefits of a Collaborative Approach

Undoubtedly, any efforts to introduce a new transmission pipeline review process will take time and effort, but a potential Federal-State Partnership Process will have benefits for almost all of the parties involved in what has…more

Natural Gas, Oil & Gas, Pipelines

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the…more

ADA, Disability Discrimination, EEOC, Employer Liability Issues, FMLA

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Eight-Justice High Court Hands a Narrow Victory to Data Aggregation Site … For Now

"[E]ven if you are given a right to the procedure, that alone does not suffice for standing." "[I]t has to be something more than just the violation of . . . what Congress says is a legal right." At the November 2, 2015, oral…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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Repayment Delay Fuels Whistleblower Settlement

On October 13, 2017, the United States Department of Justice (DOJ) revealed that First Coast Cardiovascular Institute, P.A. (FCCI) entered into a Settlement Agreement with the federal government and the State of Florida…more

DOJ, False Claims Act (FCA), Health Care Providers, Medicaid, Medicare

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TrumpCare: The Pharmaceutical Industry and FDA

Hope in the Midst of Uncertainty - The New Year ushered a period of uncertainty for the pharmaceutical industry. We face the beginning of the Trump Administration and a Congress with both houses controlled by Republicans…more

ANDA, Drug Pricing, FDA, Generic Drugs, Pharmaceutical Industry

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The ABCs of Statutory Consumer Protection Liability

The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing…more

Article III, FCRA, FDCPA, Injury-in-Fact, Spokeo

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Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied to…more

DOL, Employer Liability Issues, Florida, FLSA, Minimum Wage

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U.S. Patent and Trademark Office Announces One-Year Extensions of Two Popular Programs

On September 28, 2017, the U.S. Patent and Trademark Office announced that both the After-Final Consideration Pilot 2.0 (AFCP 2.0) and Quick Path Information Disclosure (QPIDS) Pilot programs have been extended to September 30,…more

AFCP, Patent Examinations, Patents, QPIDS, Request for Continued Examination

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Fifth Circuit Rules Emotional Distress Damages Available in FLSA Retaliation Cases

On December 19, 2016, the United States Court of Appeals for the Fifth Circuit (Court) held that “an employee may recover for emotional injury resulting from retaliation” under the Fair Labor Standards Act (FLSA) in Pineda, et…more

Emotional Distress Damages, Employer Liability Issues, FLSA, Retaliation, Unpaid Overtime

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Pennsylvania Supreme Court Rejects Longstanding Payne v. Kassab Test, Emphasizes Application of Principles of Pennsylvania Trust Law

On Tuesday, June 20, 2017, the Supreme Court of Pennsylvania held in Pennsylvania Environmental Defense Fund v. Commonwealth, No. 10 MAP 2015 (June 20, 2017) (PEDF), that the longstanding Payne v. Kassab test initially adopted…more

Environmental Rights Amendment, Natural Resources, PA Supreme Court

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Got Trade Secrets? Protecting Your Business Under the Landmark Defend Trade Secrets Act of 2016

It’s no secret that businesses want to set themselves apart from the pack. They invent, research, test and develop a host of ideas, processes, products and information with the intent of keeping these developments and…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Trade Secrets

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Department of Labor Amends the FMLA Definition of “Spouse”

On February 25, 2015, the U.S. Department of Labor (DOL) adopted new regulations that define the term “spouse” for purposes of the FMLA based on the “place of celebration” rule. Under this rule, the term “spouse” includes all…more

DOL, FMLA, Same-Sex Marriage

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Year End Retirement Plan Compliance

An annual checkup of qualified retirement plan documents is a good preventative measure to ensure compliance with the myriad of rules and regulations governing such plans. As 2014 draws to a close, the next few weeks is the…more

Qualified Retirement Plans, Retirement, Year-End Planning

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Stendardo Revisited: The Importance of Specifying Obligations in a Mortgage that Continue in Force after a Foreclosure Judgment

In a recent 2015 case, EMC Mortgage, LLC v. Biddle, 114 A.3d 1057, the Pennsylvania Superior Court applied the holding, Stendardo v. First National Mortgage Association, 991 F.2d 1089 (3d Cir.1993), to a case where a mortgage…more

Contract Drafting, Default, Default Judgment, Foreclosure, Loan Documentation

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Attorneys Must Become Scientists to Defend Against Bad Science

It’s true that science and law are systems intended to discover truth, the two don’t always work well together. Too often, in fact, subpar science can corrupt the judicial system, where it’s a lot easier to posit shaky…more

Evidence, Expert Testimony, Mass Tort Litigation, Proctor & Gamble, Rite Aid

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Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing

In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals, in an en banc decision, held that, for purposes of confirmation of a plan of…more

Creditors, Foreclosure, Mortgages, Property Valuation

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Electronic Discovery: Beware of Employees Using Personal Email Accounts for Company Business

On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business activity…more

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Captive Insurance - Looming IRS Reporting Deadline

Many businesses have been caught off guard by a recent Internal Revenue Service (IRS) notice that implicates a popular and commonly-used structure to manage risk. The notice employs a broad net and a short deadline, and…more

Captive Insurance Company, Insurance Industry, Internal Revenue Code (IRC), IRS, Reporting Requirements

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The Supreme Court Is Hearing a Case Today That Could Change How We Determine If a Property Is the Subject of a Regulatory Taking

This year the Supreme Court of the United States will hear a highly-anticipated regulatory takings case that may determine whether two legally divided, but commonly held parcels, should be considered as one parcel in a takings…more

Land Owners, Land Parcels, Regulatory Takings, SCOTUS, Takings Clause

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PIPELINE SERIES PART III – The Benefits of a Collaborative Approach

Undoubtedly, any efforts to introduce a new transmission pipeline review process will take time and effort, but a potential Federal-State Partnership Process will have benefits for almost all of the parties involved in what has…more

Natural Gas, Oil & Gas, Pipelines

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Captive Insurance - Looming IRS Reporting Deadline

Many businesses have been caught off guard by a recent Internal Revenue Service (IRS) notice that implicates a popular and commonly-used structure to manage risk. The notice employs a broad net and a short deadline, and…more

Captive Insurance Company, Insurance Industry, Internal Revenue Code (IRC), IRS, Reporting Requirements

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Limited Sinkhole Insurance Available for Florida Residents on July 2016

On April 6, 2016, Florida Governor Rick Scott signed into law S.B. 1274, which amends Florida’s sinkhole insurance statute. These changes will go into effect on July 1, 2016 and will provide Florida homeowners with more options…more

Homeowner's Insurance, Homeowners, Insurance Industry, Rick Scott

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Ninth Circuit Holds That Cure Amount May Include Post-Default Rate of Interest

In Pacifica L 51 LLC v. New Investments, Inc. (In re New Investments, Inc.), 840 F.3d 1137 (9th Cir. 2016), the Ninth Circuit Court of Appeals held that Section 1123(d) of the Bankruptcy Code provides that a cure amount may…more

Bankruptcy Code, Chapter 11, Creditors, Debtors

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NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does…more

Appeals, Expert Testimony, Long Term Care Facilities, Long-Term Care, Negligence

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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The New Insider Trading Landscape: United States v. Newman and Its Impact on Pending Insider Trading Prosecutions

On December 10, 2014, the United States Court of Appeals for the Second Circuit vacated the convictions of two hedge fund portfolio managers for trading on material non-public or “inside,” information that came to the managers…more

Appeals, Criminal Prosecution, Hedge Funds, Illegal Tipping, Insider Trading

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District Court Finds Decision Not to Institute Indicative of Weak Invalidity Case on Summary Judgment

The United States District Court for the Middle District of North Carolina recently granted summary judgment dismissing defendant’s invalidity claims, based in part on the Patent Trial and Appeal Board’s (“PTAB”) refusal to…more

Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents, Summary Judgment, USPTO

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Start-Up Advisors and Teamwork

While it’s always important to have the right professionals representing you, including your attorney and accountant, it is also very important that they all work together as a team for your benefit. This point cannot be…more

C-Corporation, Limited Liability Company (LLC), S-Corporation, Startups

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Third Circuit Revisits Ascertainability Yet Again: Affidavits Plus Objective Records May Suffice

How do you know who’s in a class? Under the Third Circuit’s ascertainability standard – which the court has found to be inherent in Rule 23 – that determination requires a clear class definition and a reliable and…more

Ascertainable Class, Class Action, Class Certification, Faxes, Rule 23

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Litigators Warned to Update Their "Form File" Objections and Responses to Comply with Rule 34

In Fischer v. Forrest, No. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017), Magistrate Judge Alexander J. Peck issued a "discovery wake-up call" to the bar of the Southern District of…more

Discovery, Document Productions, Electronically Stored Information, Federal Rules of Civil Procedure, Rule 34

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House Tax Bill Seeks Major Overhaul of Tax Code

On November 2, the Ways and Means Committee released its long-awaited version of tax reform, entitled the “Tax Cuts and Jobs Act.” The bill proposes significant changes to many key areas of federal tax law. This alert highlights…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Estate Tax, Generation-Skipping Transfer

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U.S. Supreme Court Rules Decorative Elements Can Be Copyrighted

On Wednesday, March 22, 2017, the U.S. Supreme Court, in a 6 to 2 decision, affirmed a decision of the United States Court of Appeals for the Sixth Circuit in favor of Varsity Brands, Inc., et al. (Varsity). The Supreme Court…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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PATH Act Implemented

On December 18, 2015, President Barack Obama signed the Protecting Americans from Tax Hikes Act of 2015, or the PATH Act, into law. Beginning on February 16, 2016, the PATH Act amends FIRPTA (the Foreign Investment in Real…more

FIRPTA, Internal Revenue Code (IRC), IRS, Protecting Americans from Tax Hikes (PATH) Act

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Ground Leasing Commercial Property? Ask the Lender First

Financing ground leases has become an increasingly significant part of commercial real estate lending. However, ground tenants, as borrowers, and their attorneys often fail to include integral lender protections when documenting…more

Commercial Leases, Landlords, Leases, Lenders, SNDAs

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DHS to Wind Down DACA Program Over a Six-Month Period

On September 5, 2017, the U.S. Department of Homeland Security (“DHS”) issued a Memorandum and Frequently Asked Questions announcing the winding down of the program known as Deferred Action for Childhood Arrivals (“DACA”). DHS…more

DACA, DHS, Employment Authorization Documents (EAD), Immigration Reform, USCIS

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