Saul Ewing Arnstein & Lehr LLP

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Centre Square West
1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States
Phone: (215) 972-7777
Fax: (215) 972-7725
Areas of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Delaware
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
400+ Attorneys

DC Circuit Renders Landmark Ruling Restricting CFPB’s Virtually Unfettered Power

In PHH v. CFPB (Oct. 11, 2016), the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau (“CFPB”) was unconstitutionally structured, and that the agency’s enforcement powers are subject…more

Article II, CFPB, Constitutional Challenges, Dodd-Frank, HUD

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Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation…more

Allstate, Appeals, Arbitration, Bad Faith, Car Accident

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Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

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Delaying a Bankruptcy for Shareholder Benefit May Benefit the Creditors After All

Equity holders and sponsors be wary - a new arrow may now be available in the quiver of potential causes of action that creditors and trustees can use to maximize their recovery in chapter 11 bankruptcy cases. In a recent…more

Breach of Duty, Chapter 11, Commercial Bankruptcy, Controlling Stockholders, Creditors

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HHS Report Urges Health Care Industry to Address Cybersecurity Risks

In early June 2017, the U.S. Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force released a “Report on Improving Cybersecurity in the Health Care Industry” (the Report). The Report…more

Cybersecurity, Data Protection, Electronic Medical Records, Health Care Providers, HHS

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Fifth Circuit Issues Important Conservation Easement Decision

Last week the United States Court of Appeals for the Fifth Circuit entered an important conservation easement decision reversing the decision of the Tax Court and remanding the case to decide certain issues. The conservation…more

Conservation, Easements, Property Owners

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Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

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Senate Finance Committee Chairman’s Mark Would Preserve Private Activity Bonds; Eliminate Advance Refundings of All Tax-Exempt Bonds After December 31, 2017

On November 9, 2017, the Chairman of the Senate Finance Committee (the “Chairman”) released a conceptual outline of the Chairman’s tax reform proposal. Unlike the Tax Cuts and Jobs Act, H.R. 1, which was voted out of the House…more

501(c)(3), Alternative Minimum Tax, Government Bonds, Senate Finance Committee, Tax Reform

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Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and research…more

Covered Entities, Data Protection, FERPA, HIPAA, PHI

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New Jersey Rulings Allay Personal Jurisdiction Concerns Raised by Daimler and Goodyear

Two judges in the U.S. District Court for the District of New Jersey have denied motions to dismiss for personal jurisdiction in Hatch-Waxman litigations based on the defendants’ compliance with New Jersey’s foreign corporation…more

ANDA, Boehringer, Compliance, Corporate Counsel, DaimlerAG

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Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and research…more

Covered Entities, Data Protection, FERPA, HIPAA, PHI

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Massachusetts Expands Protections For Pregnant Women In The Workplace

On October 2, 2017, Massachusetts Governor, Charlie Barker, signed into law an amendment to the Massachusetts Fair Employment Practices Act that reinforces what federal and Massachusetts state judges have long held – that…more

Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation, Title VII

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Federal Circuit Finds Improvement to Computer Memory Systems is Patent Eligible, and Not an “Abstract Idea” Under Alice, reversing District Court

On August 15, 2017, the Federal Circuit issued a decision in Visual Memory LLC v. NVIDIA Corp. that provides a favorable decision applicants and patentees can rely upon in seeking to obtain and defend patent claims directed to…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Nvidia, Patent-Eligible Subject Matter

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New Jersey Supreme Court Upholds Requirement That Notice of Insurance Claim Be Made “As Soon As Practicable”

The New Jersey Supreme Court’s decision in Templo Fuente De Vida Corp. v. National Union Fire Insurance Co. (decided February 11, 2016) upheld a carrier’s application of policy language requiring not only that notice be made…more

Filing Requirements, Insurance Claims, Insurance Industry, National Union, NJ Supreme Court

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The Protection of Biometric Information

As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased…more

Biometric Information, Data Privacy, Data Protection, FERPA, Personally Identifiable Information

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Pennsylvania Court Issues Groundbreaking Decision Limiting the Government’s Ability to Assess Penalties for Alleged “Continuing Violations” Under the Clean Streams Law

The Pennsylvania Commonwealth Court has ruled that once an unpermitted discharge ceases, violations under The Clean Streams Law cease, even when pollution continues to persist in waters of the Commonwealth. While this places a…more

Appeals, Continuing Violation Theory, Department of Environmental Protection

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Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America…more

Buy American Act, Construction Industry, Federal Transit Administration, Fixing America’s Surface Transportation Act (FAST Act), Procurement Guidelines

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In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for FCA Claims

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government…more

Causation, Fair Housing Act (FHA), False Claims Act (FCA), HUD

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Insurers’ Duty to Defend Does Not Require Coverage for Counterclaims in Massachusetts

?In a win for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ruled on June 22, 2017 that a duty to defend does not require insurers to fund an insured’s counterclaim, even if it is “inextricably intertwined” with a…more

Duty to Defend, Insurance Industry, Insurance Litigation, Insureds

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Potential Year-End Surprise in Your Mailbox – a Letter from the IRS

The Affordable Care Act or ACA (a/k/a “Obamacare”) is not dead, yet. On November 2, 2017, FAQs 55-58 appeared, without fanfare, on the IRS’ ACA website. These FAQs outline the process the IRS will use to notify an applicable…more

Affordable Care Act, Applicable Large Employers (ALE), Employee Benefits, Employer Liability Issues, Employer Mandates

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Southern District of New York Finds Amarin Pharma, Inc.’s Off-Label Promotion Is Protected Speech; Company Cannot Be Prosecuted For Truthful and Non-Misleading Statements

Pharmaceutical industry and constitutional buffs have been closely watching Amarin Pharma Inc. v. U.S. Food and Drug Administration. The case presented the (not wholly novel) question whether the First Amendment protects…more

Amarin, Declaratory Relief, DOJ, False Claims Act (FCA), FDA

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Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

See all updates »

Tax Reform Under a Trump Presidency

Following the results of last Tuesday’s election, there is significant speculation about the status and future of the tax code in light of President-elect Donald Trump’s proposed tax reform plan. Much of this speculation is…more

Estate Tax, Repeal, Tax Reform, Trump Administration

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We Meant What We Said: Pa. Supreme Court Issues Latest Decision in Robinson Township

On September 28, 2016, the Pennsylvania Supreme Court issued its latest decision in Robinson Township v. Commonwealth. Link to decision HA Doc. 241394 This latest iteration of Robinson Township (referred to by the Court as…more

Act 13, Confidentiality Agreements, Department of Environmental Protection, Oil & Gas, PA Supreme Court

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Eleventh Circuit Reaffirms that Indefinite Leaves of Absence Are Not Reasonable Accommodations

Last month, the Eleventh Circuit affirmed a decision in favor of the employer in Roderick Billups v. Emerald Coast Utilities Authority, No. 17-10391, 2017 WL 4857430 (11th Cir. Oct. 26, 2017), continuing the trend of recent…more

ADA, Employer Liability Issues, Leave of Absence, Reasonable Accommodation, Wage and Hour

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Two Delaware Decisions Make Statutory Appraisal a Less Attractive Remedy

During the past several weeks, the Delaware Supreme Court and the Delaware Court of Chancery have issued two opinions, ACP Master, Ltd. v. Clearwire Corporation and DFC Global Corporation v. Muirfield Value Partners, L.P.,…more

Appraisal, Board of Directors, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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Eleventh Circuit Reaffirms that Indefinite Leaves of Absence Are Not Reasonable Accommodations

Last month, the Eleventh Circuit affirmed a decision in favor of the employer in Roderick Billups v. Emerald Coast Utilities Authority, No. 17-10391, 2017 WL 4857430 (11th Cir. Oct. 26, 2017), continuing the trend of recent…more

ADA, Employer Liability Issues, Leave of Absence, Reasonable Accommodation, Wage and Hour

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Best Strategies for Outsourcing Benefit Plan Services

Include all necessary interested parties in the process. This means including individuals with decision-making authority from Human Resources, Benefits, Labor Relations (if applicable), Finance, Payroll, and Legal. A…more

Employee Benefits, Fiduciary Duty, Outsourcing, Retirement Plan

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Sixth Circuit Finds That Mandatory Class Waiver Provisions Violate NLRA

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act, Mandatory Arbitration Clauses

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DOL Overtime Rule Struck Down By Texas Federal Court

In a long awaited decision, a Texas federal judge struck down the Fair Labor Standards Act (“FLSA”) overtime rule finding that the Department of Labor (“DOL”) exceeded its delegated authority. The rule, which was blocked by…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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The New Overtime Regulations: How Will They Affect Your Workplace? (Part 2)

New overtime regulations unveiled by the U.S. Department of Labor (DOL) on May 18, 2016 will affect approximately 4.2 million currently “exempt” workers. Unless their salaries are increased to at least $913/week, these…more

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

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Federal Government Contractors Receive Big Win Against Executive Order

Earlier this week, government contractors won a significant battle when a federal court in Texas ruled that President Obama overstepped his authority and enjoined the implementation of the majority of the burdensome “Fair Pay…more

Arbitration, DOL, Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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The Other Shoe Drops on Laches Defense in IP

In 2014, the Supreme Court’s opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. held that the equitable doctrine of laches is not available as a defense to copyright infringement when the claim is brought within the three years…more

Laches, Patent Infringement, Patents, SCA Hygiene Products Aktiebolag v First Quality Baby Products, SCOTUS

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In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for FCA Claims

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government…more

Causation, Fair Housing Act (FHA), False Claims Act (FCA), HUD

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Tax Court Broadens the Definition of “Collected Proceeds” – Result: Seventeen Million Dollar Award for Tax Fraud Whistleblowers

The nation’s top tax court recently broadened the definition of “collected proceeds” to include payments of criminal fines and civil forfeitures, which could result in increased awards for tax fraud whistleblowers. This likely…more

IRS, Tax Fraud, Whistleblower Awards, Whistleblowers

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D.C. Circuit Strikes Down EPA Reporting Exemptions for Animal Waste

On April 11, 2017, the United States Court of Appeals for the D.C. Circuit struck down an EPA final rule which exempted animal feeding operations from air pollution reporting requirements. Under the 2008 rule, farms did not have…more

CERCLA, EPA, EPCRA, Reporting Requirements

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Bad Blood Among Late Developer’s Heirs Jeopardizes Real Estate Mega-Deal

A New York real estate deal valued at close to $1 billion came to a grinding halt when the underlying animosities between a late developer’s widow and his children from previous marriages came to a head in court. Although the…more

Breach of Duty, Estate Planning, Fiduciary Duty, Partnerships

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New Jersey Companies Face Significant Class Action Risks When Using Limiting or Exculpatory Language in Consumer Contracts

A federal judge in Camden, N.J., recently granted class certification in a case brought under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). The class is made up of individuals who signed lease agreements…more

Class Certification, Contract Disputes, Exculpatory Clauses, Hold Harmless, Release Agreements

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New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

On March 30, 2017, the United States Court of Appeals for the Third Circuit issued a decision that curtails the rights of suppliers to lien non-debtor third-party property following the bankruptcy filing of a construction…more

Chapter 11, Commercial Bankruptcy, Construction Industry, Construction Liens, Contractors

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D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the…more

Minimum Wage, Safe Leave, Wage and Hour, Wage Theft Prevention Act

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Yahoo’s General Counsel Takes the Fall for Cybersecurity Breach

When news broke recently that the General Counsel for Yahoo had resigned over concerns about the company’s handling of data breaches, it highlighted the ways in which data breaches can have serious consequences for corporate…more

Cybersecurity, Data Breach, Data Security, Popular, Yahoo!

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Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing individuals…more

Criminal Background Checks, Health Care Providers, Hiring & Firing, Long Term Care Facilities, Nursing Homes

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New Attorney General Nominee Raises Questions for Civil Rights Enforcement

President-Elect Donald Trump has offered the job of Attorney General of the United States to Senator Jeff Sessions (R- Alabama). The announcement raised eyebrows in some circles due to Senator Sessions’ history and recent…more

Attorney Generals, DOJ, EEOC, Sex Discrimination, Sexual Orientation

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“Time-Tracking Snafu” Not Willful Violation Of FLSA

The Third Circuit ruled last week that a governmental employer who failed to pay overtime due to a “time-tracking snafu” had not willfully violated Fair Labor Standards Act (FLSA). Plaintiffs in Souryavong v. Lackawanna County…more

Employer Liability Issues, FLSA, Unpaid Overtime, Wage and Hour

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White House Speaks Out Against Non-Compete Agreements

This week the White House issued a “call to action” regarding the inclusion of non-compete agreements in employee contracts for certain categories of workers. The White House is encouraging the passage of new laws by the…more

Employment Contract, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for…more

Chevron Deference, Chevron v NRDC, Clean Air Act, Cost-Benefit Analysis, Energy Sector

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White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute of…more

False Claims Act (FCA), Fraud, SEC, Siemens, Whistleblower Protection Policies

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2017 Updates to Delaware Corporate Statutes

On July 21, 2017, Delaware Governor John Carney signed into law the 2017 amendments to the General Corporation Law and the Alternative Entity Statutes. The amendments will be effective on August 1, 2017 (other than the…more

Blockchain, Corporate Counsel, Delaware General Corporation Law, Mergers, New Amendments

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Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing individuals…more

Criminal Background Checks, Health Care Providers, Hiring & Firing, Long Term Care Facilities, Nursing Homes

See all updates »

Two Delaware Decisions Make Statutory Appraisal a Less Attractive Remedy

During the past several weeks, the Delaware Supreme Court and the Delaware Court of Chancery have issued two opinions, ACP Master, Ltd. v. Clearwire Corporation and DFC Global Corporation v. Muirfield Value Partners, L.P.,…more

Appraisal, Board of Directors, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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Down to the Wire

There have been significant movements in Congress to try to come up with a final compromise bill to resolve the impasse that has been in existence for the past two and one-half years (2½) years. It is difficult to predict when…more

EB-5, I-526 Petition, Immigrants, Visas

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Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two…more

ADA, DACA, Equal Protection, ERISA, FERPA

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A Well-Planned Estate Can Quell Family Squabbles Before They Start

From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate…more

Beneficiaries, Estate Planning, Estate Tax, Wills

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Supreme Court Espouses Standard for False Advertising Standing

The ongoing saga between Lexmark International and Static Control Components was kept alive by the Supreme Court in its March 25, 2014, unanimous decision affirming Static Control’s standing to bring a false advertising claim…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Two Delaware Decisions Make Statutory Appraisal a Less Attractive Remedy

During the past several weeks, the Delaware Supreme Court and the Delaware Court of Chancery have issued two opinions, ACP Master, Ltd. v. Clearwire Corporation and DFC Global Corporation v. Muirfield Value Partners, L.P.,…more

Appraisal, Board of Directors, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

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Massachusetts Hospital Agrees to Six-Figure Payment Related to HIPAA Compliance Allegations

St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital based in Brighton, Mass., agreed to pay $218,400 to address deficiencies in its HIPAA compliance activities. The SEMC settlement continues a pattern of enforcement…more

Compliance, Corrective Actions, Covered Entities, Data Breach, Electronic Medical Records

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Supreme Court Provides One-Two Punch to Certification of TCCWNA Claims; Are TCCWNA Class Actions Out For Count?

?In consolidated appeals, the Supreme Court of New Jersey reversed class certification of two class actions asserting violations of the Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). Both sets of plaintiffs…more

Class Action, Class Certification, Consumer Contracts, Menu-Labeling, Restaurant Industry

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Employees Entitled To Pay During Short Breaks Per Precedential Third Circuit Decision

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge,…more

DOL, Employer Liability Issues, Employment Litigation, FLSA, Minimum Wage

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Major Changes to Business Entity Laws in Pennsylvania Beginning February 21, 2017

Pennsylvania has enacted a comprehensive set of laws (Act 170) modernizing the treatment of unincorporated associations, including limited liability companies, limited partnerships, limited liability partnerships, limited…more

Business Entities, Corporate Governance, Limited Liability Company (LLC), Limited Partnerships, Managers

See all updates »

Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

The New York Department of Financial Services’ Cybersecurity Regulation Will Soon Take Effect

The New York Department of Financial Services (“NYDFS”) is in the final days of accepting public comment on its revised cybersecurity regulation, which would be codified at 23 NYCRR 500. As the comment period winds down to a…more

Covered Entities, Cybersecurity, Data Protection, Financial Institutions, Financial Services Industry

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Delaware to Increase Transfer Tax to 4% Starting August 1, 2017

Increase will not apply to contracts signed before August 1st - As part of passing the budget for fiscal year 2018, the Delaware General Assembly voted to increase the transfer tax charged on real estate transactions from 3%…more

Real Estate Transactions, Sales Contracts, Transfer Taxes

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NAIC Insurance Data Security Model Law Poised for Adoption

On August 7, 2017, the National Association of Insurance Commissioners (“NAIC”) Cybersecurity Working Group adopted as final, over one dissenting vote, the sixth draft of the NAIC Data Security Model Law. The next day, the NAIC…more

Cybersecurity, Insurance Industry, NAIC, NYDFS, Popular

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Family Finances: To Discuss or Not To Discuss?

A recent survey reveals some discouraging trends on the financial front. As reported by Financial Advisor, a survey by MFS Investment Management shows that more than 2 out of 3 financial advisors say their baby boomer clients do…more

Adult Children, Estate Planning, Financial Adviser, Surviving Spouse

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Employees Bound By Non-Compete By Clicking On Box To Accept Stock Grants

Employees at payroll processing giant ADP were held to the terms of a non-compete contained in online stock award documents when they clicked the “I have read and agreed” button in order to receive stock grants. On February 7,…more

Corporate Counsel, Employment Contract, Former Employee, Non-Compete Agreements, Restrictive Covenants

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Overview of Regulation Crowdfunding

Regulation Crowdfunding – which becomes effective May 16, 2016 -- implements the requirements of Title III of the Jumpstart Our Business Startups (JOBS) Act. The new rules will enable individuals to invest in startup businesses…more

Crowdfunding, Disclosure Requirements, Funding Portal, JOBS Act, Offerings

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Insurers’ Duty to Defend Does Not Require Coverage for Counterclaims in Massachusetts

?In a win for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ruled on June 22, 2017 that a duty to defend does not require insurers to fund an insured’s counterclaim, even if it is “inextricably intertwined” with a…more

Duty to Defend, Insurance Industry, Insurance Litigation, Insureds

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Nationwide Permits Issued and Reissued by the United States Army Corps of Engineers

In a final rulemaking issued on January 12, 2017, the United States Army Corps of Engineers (Corps) reissued 50 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Simultaneously,…more

Clean Water Act, Permits, Section 404, US Army Corps of Engineers, Waters of the United States

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Statistical Sampling and Individual Liability: FCA Lessons Learned from Whopping $298.5 Million Verdict in United States v. Americus Mortgage Corp.

Imposing civil penalties and treble damages under the False Claims Act (“FCA”), the Southern District of Texas recently denied defendants’ post-trial motions and entered a staggering $298,498,325 verdict against two mortgage…more

False Claims Act (FCA), HUD, Mortgages, Popular, Statistical Sampling

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Federal Judge Rejects Insurer’s Effort to Add Materials To Claims File on Eve of Trial

A federal judge in Arizona refused an insurer’s effort eight days before trial to supplement the underlying claim file in a bad faith litigation. The insurer sought to add approximately 60 pages of documents from the insured’s…more

Bad Faith, Insurance Industry, Insurance Litigation

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Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential…more

Confidential Information, Confidentiality Agreements, Counterclaims, False Claims Act (FCA), Privacy Policy

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Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

See all updates »

Menu Labeling Update: FDA Issues New Guidance, Plans to Implement Rule in May 2018

Yesterday, the U.S. Food and Drug Administration (FDA or the Agency) released a draft guidance, "Menu Labeling: Supplemental Guidance for Industry" (Draft Guidance). In the Draft Guidance, FDA addresses comments it received on…more

Draft Guidance, FDA, Food Labeling, Grocery Stores, Menu-Labeling

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Creating Trust to Ensure a Trust’s Success

One of the biggest missteps of clients is to create a trust without communicating its purpose with the adult beneficiaries. Without guidance from the client/grantor and his or advisors, beneficiaries sometimes become suspicious…more

Beneficiaries, Estate Planning, Trustees, Trusts

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Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining…more

Department of Health, Marijuana, Medical Marijuana, State and Local Government

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

See all updates »

Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

See all updates »

FBI Charges Based on Bribes Could Forecast a New Enforcement Priority for Universities

On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a complicated system of bribe payments to the families of basketball recruits who…more

Bribery, FBI, NCAA, Scholarships, Title IV

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Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

See all updates »

Henry Schein Settles FTC Charges of Deceptive Advertising of Dentrix G5

Data encrypted in accordance with the Advanced Encryption Standard (“AES”) gives dentists a “safe harbor” in the event of certain breaches of patient information. However, those relying on Henry Schein’s Dentrix G5 software to…more

Dentists, Encryption, HIPAA, NIST, Personally Identifiable Information

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A New Obligation Imposed on Employers Contributing to Multiemployer Plans

Lawyers with clients that deal with multiemployer plans thought we knew what plans could require withdrawing employers to pay. After all, the employer’s potential liability – commonly known as “withdrawal liability” – is…more

ERISA, Multiemployer Plan, Pensions, Withdrawal Liability

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Corporate Governance Insights - Issue 2

With companies soon facing new enterprise risk and corporate governance requirements, this alert discusses whether companies are prepared for state implementation and outlines new NAIC actions relating to conducting an internal…more

Accountants, Compliance, Corporate Governance, Risk Assessment, Risk Management

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Higher Education Highlights - Summer 2017

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case…more

Biometric Information, Colleges, Due Process, Educational Institutions, FERPA

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Supreme Court Upholds Implied Certification Theory and Emphasizes Importance of Materiality Requirement Under the False Claims Act

On June 16, 2016, the Supreme Court, in a unanimous decision, upheld the use of the “implied certification theory of liability” in False Claims Act (“FCA”) cases. See Universal Health Services, Inc. v. United States ex rel…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification

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New York Whistleblower Awarded Over $1 Million...For Now

Last Tuesday, a former JPMorgan wealth manager was awarded $1.13 million by a jury in the Southern District of New York for her claims under the whistleblower provisions of the Sarbanes-Oxley Act. Nonetheless, the staggering…more

Anti-Retaliation Provisions, Retaliation, Sarbanes-Oxley, Whistleblower Awards, Whistleblower Protection Policies

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Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern…more

Arbitration, Arbitrators, Equitable Estoppel, Ex-Parte Communications, Legal Costs

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Fifth Circuit: If It Ain’t Broke, Not Paying To Fix It Ain’t Bad Faith

Toney v. State Farm Lloyds, Case No. 14-40914, 2016 WL 4784012 (5th Cir. Sept. 13, 2016). After a March 2012 hail storm damaged his home in Mission, Texas, Kenneth Toney (“Toney”) filed a claim with State Farm Lloyds…more

Bad Faith, Homeowner's Insurance, Insurance Industry, Property Damage, State Farm

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Delaware to Increase Transfer Tax to 4% Starting August 1, 2017

Increase will not apply to contracts signed before August 1st - As part of passing the budget for fiscal year 2018, the Delaware General Assembly voted to increase the transfer tax charged on real estate transactions from 3%…more

Real Estate Transactions, Sales Contracts, Transfer Taxes

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Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the…more

State Taxes, Tax Amnesty, Tax Liability

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Opinions are Critical to Mitigating Patent Damages Post-Halo

Although the Supreme Court’s increased engagement with patent law over the last decade has generally been viewed as positive for parties accused of patent infringement, its recent decision in Halo Electronics, Inc. v. Pulse…more

Damages, Enhanced Damages, Halo v Pulse, Patent Infringement, Patents

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PTAB Finds Personalized Treatment Claims Unpatentable under Mayo

On August 14, 2017, the USPTO Patent Trial and Appeal Board (PTAB) issued a decision in Ex parte Ramsey, an unfavorable decision to applicants seeking to obtain claims directed to personalized medicine inventions. Specifically,…more

Biotechnology, Patent Trial and Appeal Board, Patents, USPTO

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Henry Schein Settles FTC Charges of Deceptive Advertising of Dentrix G5

Data encrypted in accordance with the Advanced Encryption Standard (“AES”) gives dentists a “safe harbor” in the event of certain breaches of patient information. However, those relying on Henry Schein’s Dentrix G5 software to…more

Dentists, Encryption, HIPAA, NIST, Personally Identifiable Information

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D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the…more

Minimum Wage, Safe Leave, Wage and Hour, Wage Theft Prevention Act

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The Impact of Sabine Oil & Gas Corp. on Gas Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York entered an order affirming a bankruptcy court ruling that permitted the debtors to reject certain gas gathering agreements, finding that…more

Bankruptcy Code, Commercial Bankruptcy, Debtors, Oil & Gas, Section 365

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IRS Announces 2018 Retirement Plan Numbers

The Internal Revenue Service has just announced the limits on retirement plan contributions and benefits for 2018. The limit on 401(k) contributions will be $18,500, an increase from $18,000 per year. The catch-up…more

401k, Contribution Limits, Defined Contribution Plans, Employee Benefits, IRS

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New Jersey Rulings Allay Personal Jurisdiction Concerns Raised by Daimler and Goodyear

Two judges in the U.S. District Court for the District of New Jersey have denied motions to dismiss for personal jurisdiction in Hatch-Waxman litigations based on the defendants’ compliance with New Jersey’s foreign corporation…more

ANDA, Boehringer, Compliance, Corporate Counsel, DaimlerAG

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U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas and…more

Administrative Procedure Act, Corporate Counsel, EPA, Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

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Senate Finance Committee Chairman’s Mark Would Preserve Private Activity Bonds; Eliminate Advance Refundings of All Tax-Exempt Bonds After December 31, 2017

On November 9, 2017, the Chairman of the Senate Finance Committee (the “Chairman”) released a conceptual outline of the Chairman’s tax reform proposal. Unlike the Tax Cuts and Jobs Act, H.R. 1, which was voted out of the House…more

501(c)(3), Alternative Minimum Tax, Government Bonds, Senate Finance Committee, Tax Reform

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Higher Education Highlights - Summer 2017

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case…more

Biometric Information, Colleges, Due Process, Educational Institutions, FERPA

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Construction Law Advisory - March 2016

The use of drones on construction projects is increasing rapidly, as the construction industry realizes their many beneficial uses, including: collecting and analyzing aerial imagery; surveying; digitizing geographic terrain;…more

Airspace, Arbitration, Arbitration Awards, Construction Industry, Drones

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Court Rules Weingarten Rights Applicable Only to Mandatory Meetings

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action…more

Hospitals, NLRB, Peer Review, Union Representatives, Unions

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Extremely Low Interest Rates: Your Estate Planning Opportunity is NOW

Janet Yellen this…. Janet Yellen that – good for business, bad for savers. In March 2015, the rates the IRS requires be used for estate planning are as low as ever. There are three estate planning opportunities that thrive on…more

Charitable Lead Annuity Trust, Grantor Retained Annuity Trust, Interest Rates, Intra-Family Loans, IRS

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Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The…more

ADA, Drug & Alcohol Abuse, Drug Testing, Employer Liability Issues, Hiring & Firing

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Highly Anticipated Final Rule from CMS on Returning Overpayments Affords Providers a Roadmap for Avoiding FCA Claims

In the February 12, 2016 Federal Register, the Centers for Medicare & Medicaid Services (CMS) published a final rule (Final Rule) with respect to reporting and returning overpayments by Medicare Part A and Part B providers to…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

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Pennsylvania Supreme Court to Determine if “Motive of Self-Interest or Ill-Will” is Required to Establish a Claim for Insurance Bad Faith

In Pennsylvania, an insurance bad faith claim requires an insured to show by clear and convincing evidence that the insurer 1) lacked a reasonable basis for denying benefits under the policy, and 2) knew or recklessly…more

Bad Faith, Breach of Contract, Insurance Industry, Insurance Litigation

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Maryland’s Highest Court Clarifies Application of Boland Heightened Scrutiny to Shareholder Demand Response

In a “sweet” decision for corporate boards, on January 20, 2017, Maryland’s highest court ruled in Oliveira v. Sugarman that the decision of the full board to refuse a shareholder demand is not subject to the heightened scrutiny…more

Board of Directors, Derivative Suit, Shareholder Demands, Shareholder Litigation

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Implied Certification Theory Loses Some of Its Fangs, but Is Another False Claims Act Theory Lurking Just Around the Corner?

Federal courts across the country are wrestling with the uncertainty caused by the Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar regarding the requirements to state an implied…more

False Claims Act (FCA), Health Care Providers, Implied Certification, Material Misrepresentation, SCOTUS

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Bio-Rad Stung by Nearly $8 Million Verdict in Whistleblower Lawsuit Brought by Former General Counsel

A jury recently found Bio-Rad Laboratories liable under the Sarbanes-Oxley Act and the Dodd-Frank Act for nearly $8 million in damages after the company’s alleged retaliatory firing of its former general counsel, Sanford Wadler…more

Corporate Counsel, Dodd-Frank, FCPA, Retaliation, Sarbanes-Oxley

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Eastern District of Michigan Grants Summary Judgment for Insurer on Bad Faith Claim But Finds Allegations of Bad Faith Relevant to Measure of Potential Recovery

455 Companies, LLC alleges that Landmark American Insurance Company breached their property insurance contract by denying a claim resulting from water damage to 455 Companies’ property. Landmark moved for partial summary…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Property Insurance, Water Damage

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Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the…more

Department of Environmental Protection, Energy Sector, Fracking, Mineral Extraction, Oil & Gas

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Will a Change to the Maryland Estate Tax Law Change Your Exit Strategy?

On May 15, 2014, Governor Martin O’Malley signed into law a bipartisan bill (House Bill 739/Senate Bill 602) that over the course of the next five years - beginning in 2015 - will link (or “re-couple”) the Maryland estate tax…more

Estate Planning, Estate Tax

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Board of Directors’ Response to Shareholder Demand Not Subject to Heightened Boland Scrutiny

A Maryland appellate court has ruled that a demand refusal by an entire board, consisting of a majority of disinterested and independent directors who chose not to appoint a special litigation committee, is entitled to the…more

Board of Directors, Independent Directors, Shareholder Demands

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Senate Finance Committee Chairman’s Mark Would Preserve Private Activity Bonds; Eliminate Advance Refundings of All Tax-Exempt Bonds After December 31, 2017

On November 9, 2017, the Chairman of the Senate Finance Committee (the “Chairman”) released a conceptual outline of the Chairman’s tax reform proposal. Unlike the Tax Cuts and Jobs Act, H.R. 1, which was voted out of the House…more

501(c)(3), Alternative Minimum Tax, Government Bonds, Senate Finance Committee, Tax Reform

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Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Credit Bids

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White Collar Watch - February 2013

In This Issue: - New HIPAA “Megarule” Broadens Enforcement - Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision - Seizure of Rothstein Ponzi Assets Highlights Tension Between Forfeiture…more

Forfeiture Statutes, Free Speech, HIPAA, Mary Jo White, Off-Label Use

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Maryland Appellate Court Says “No De Facto Series LLC”

In Kurz, et al. v. AMCP-1, LLC, et al., an unpublished opinion filed on February 10, 2016, the Maryland Court of Special Appeals refused to accept the plaintiff’s argument that the trial court, in disregard of Maryland law, had…more

de facto Administrators, Limited Liability Company (LLC), Operating Agreements, Real Estate Development, Series LLC

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NYDFS Issues Circular Letter Pertaining to Deferred-to-Immediate Annuity Contract Replacements

On December 8, 2016, the New York State Department of Financial Services (the “Department”) issued a Circular Letter to provide guidance in response to the alleged failure of certain life insurance producers and life insurers to…more

Annuities, Insurance Industry, Life Insurance, NYDFS

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Two Delaware Decisions Make Statutory Appraisal a Less Attractive Remedy

During the past several weeks, the Delaware Supreme Court and the Delaware Court of Chancery have issued two opinions, ACP Master, Ltd. v. Clearwire Corporation and DFC Global Corporation v. Muirfield Value Partners, L.P.,…more

Appraisal, Board of Directors, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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Pennsylvania Court Rules That Switch To At-Will Work Doesn’t End Restrictive Covenant

On April 19, 2017, a Pennsylvania appeals court ruled that conversion to at-will employment after the end of a contract does not relieve employees of a non-solicitation provision. This opinion overturns a trial court decision…more

At-Will Employment, Corporate Counsel, Employment Contract, Non-Solicitation Agreements

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Illinois Equal Pay Act Is Amended To Prohibit Salary History Inquiries

Following the lead of many states and cities through the country, Illinois recently amended its Equal Pay Act to prohibit employers from asking job applicants about their salary history, screening job applicants based on wage…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Hiring & Firing, Job Applicants

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Texas Appellate Court Confirms that Insurer’s Payment of Appraisal Award Precludes Common Law and Statutory Bad Faith Claims

Ortiz v. State Farm Lloyds, No. 04-17-00252-CV, 2017 WL 5162315 (Tex. Ct. App. Nov. 8, 2017). Oscar Ortiz submitted a claim to State Farm for damage to his property resulting from wind and a hailstorm. After inspecting the…more

Appraisal, Appraisal Awards, Bad Faith, Insurance Industry, Insurance Litigation

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Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America…more

Buy American Act, Construction Industry, Federal Transit Administration, Fixing America’s Surface Transportation Act (FAST Act), Procurement Guidelines

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California Law to Prohibit Choice of Law Provisions for In-State Employees

On September 25, 2016, California Governor Jerry Brown signed into law S.B. 1241, which prohibits employers from requiring employees, as a condition of employment: (1) to litigate or arbitrate claims arising in California…more

Arbitration, Choice-of-Law, Contract Terms, Employment Contract

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Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated Property Upheld by Pennsylvania Supreme Court

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5…more

Contaminated Properties, Fair Market Value, Harley-Davidson, PA Supreme Court, Popular

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Governor Christie’s Veto of Hospital Fee Bill Tees Up Additional Litigation

On January 19, 2016, New Jersey Governor Chris Christie vetoed bipartisan legislation that sought to establish hospital “community service contributions” (“CSCs”) in hopes of avoiding litigation concerning the tax burden of…more

Chris Christie, Governor Vetoes, Health Care Providers, Non-Profit Hospitals, Tax Exemptions

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Hearing Aid Deregulation to Affect Wireless Device Industry and Create Compatibility Issues

Within the last week, both the U.S. Senate and the U.S. Food and Drug Administration (FDA or the Agency) have taken significant steps to deregulate a large portion of hearing aid devices. Despite the benefits that hearing aid…more

FCC, FDA, Over-the-Counter Sales, Wireless Devices

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Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire…more

ADA, Controlled Substances Act, Employer Liability Issues, Employment Policies, FDCA

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Credit Bidding Not Quite So Risky After All

Initially it seemed a universal truth that the holders of senior secured debt, regardless of whether purchased at a discount, had the right to credit bid at a Bankruptcy Code section 363 sale of their collateral, the face (par)…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Credit Bids

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DC Circuit Renders Landmark Ruling Restricting CFPB’s Virtually Unfettered Power

In PHH v. CFPB (Oct. 11, 2016), the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau (“CFPB”) was unconstitutionally structured, and that the agency’s enforcement powers are subject…more

Article II, CFPB, Constitutional Challenges, Dodd-Frank, HUD

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Supreme Court: No Patent Royalties May Accrue After Patent Expiration

With Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court…more

Brulotte, Contract Term, IP License, Kimble v Marvel Enterprises, Patent Royalties

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Jury Hits Independent School With $41.75 Million in Damages for Failing to Warn Students About Risk of Tick-Borne Illnesses Before Studying Abroad

?The Connecticut Supreme Court recently determined as a matter of law that independent schools have a duty of care to warn students against the risks of insect-borne illnesses when organizing study abroad trips. Failure to…more

CT Supreme Court, Educational Institutions, International Travel, Students

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OCR Withdraws Dear Colleague Letter and Q&A on Title IX and Sexual Violence Guidance

On September 22, 2017, the Department of Education’s Office of Civil Rights (“OCR”) withdrew the 2011 Dear Colleague Letter (“DCL”) and the 2014 Questions and Answers on Title IX and Sexual Violence (“Q&A”) guidance documents. …more

Dear Colleague Letter, Department of Education, Educational Institutions, OCR, Sexual Assault

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Supreme Court Provides One-Two Punch to Certification of TCCWNA Claims; Are TCCWNA Class Actions Out For Count?

?In consolidated appeals, the Supreme Court of New Jersey reversed class certification of two class actions asserting violations of the Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). Both sets of plaintiffs…more

Class Action, Class Certification, Consumer Contracts, Menu-Labeling, Restaurant Industry

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Simpson v. Bayer Healthcare and the “Original Source” Exception: Eighth Circuit’s Interpretation Ups the Ante for Defendants in FCA Suits by Limiting Scope of the Public Disclosure Bar

The Eighth Circuit in Simpson v. Bayer Healthcare became the latest circuit court to weigh in on the meaning of the “original source” exception to the False Claims Act’s public disclosure jurisdictional bar. The public…more

Bayer, Department of Defense (DOD), False Claims Act (FCA), Public Disclosure, Qui Tam

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PA Legislature Introduces Corporate Governance Annual Disclosure Statute to Be Effective in 2018 – What All Insurers Need to Know & Should Be Doing Now

On October 3, 2017, the Pennsylvania legislature introduced legislation (HB 1848) to adopt a Pennsylvania-specific version of the NAIC Corporate Governance Annual Disclosure Model Act (“CGAD”) that would require insurers to make…more

Corporate Governance, Disclosure Requirements, Filing Requirements, Insurance Industry

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After Escobar, Lower Courts Build On The “Materiality” Analysis for False Claims Act Lawsuits

It’s been just over a year since the Supreme Court’s seminal False Claims Act (“FCA”) decision Universal Health Servs., Inc. v. United States ex rel. Escobar. In the wake of Escobar, the lower courts are confronted with applying…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers, Implied Certification

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Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical…more

Employer Liability Issues, FMLA, Hiring & Firing, Retaliation, Termination

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New Jersey Amends Its Corporate Laws to Create a More Business-Friendly Climate

On April 1, 2013, Governor Chris Christie signed into law a three-bill package designed to make New Jersey businesses more competitive in the global marketplace, attract new businesses to New Jersey, and make New Jersey law…more

Amended Legislation, Business Development, Derivative Suit, Global Marketplace, Mergers

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The Delaware Competes Act Signed Into Law

This week, Delaware Governor Jack Markell signed into law HB 235, otherwise known as the Delaware Competes Act of 2016. HB 235 was passed by the Delaware State House of Representatives on January 14, 2016 and the Delaware State…more

Business Taxes, Corporate Taxes, Foreign Corporations, Job Creation, New Legislation

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Budding Opportunities – Insuring Medical Marijuana Licensees In An Uncertain World

?The medical marijuana industry took a big step forward on June 20, 2017 when Pennsylvania’s Department of Health awarded 12 grower/processor permits. Of the 457 total applicants, the Department plans to award the remaining…more

Department of Health, Marijuana, Medical Marijuana, State and Local Government

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Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court of…more

Bad Faith, Breach of Contract, Insurance Industry

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Going Rogue: Circumventing Your Company’s Internal Investigation Process to Identify a Whistleblower Will Cost You

The CEO of Barclays risks losing his 1.6 million-dollar bonus for launching his own personal investigation to identify the company whistleblower who wrote two anonymous letters about his colleague to the Barclays’s Board of…more

Barclays, Corporate Counsel, Financial Conduct Authority (FCA), Internal Investigations, Prudential Regulation Authority

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White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 - Employee…more

False Claims Act (FCA), Healthcare, Healthcare Fraud, Hospice, Medicare

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The Protection of Biometric Information

As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased…more

Biometric Information, Data Privacy, Data Protection, FERPA, Personally Identifiable Information

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Fifth Circuit Issues Important Conservation Easement Decision

Last week the United States Court of Appeals for the Fifth Circuit entered an important conservation easement decision reversing the decision of the Tax Court and remanding the case to decide certain issues. The conservation…more

Conservation, Easements, Property Owners

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California’s New Workplace Anti-Bullying Law in Effect – May Spread to Litigation and to Other States

California’s new anti-bullying law, which became effective in that state at the beginning of 2015, may be a precursor to other states enacting similar statutes. The law requires that all California employers with 50 or more…more

Abusive Conduct Training, Anti-Bullying Laws, Employee Training, Private Right of Action, Supervisors

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Pennsylvania Tax Amnesty Begins April 21, 2017

The Pennsylvania Tax Amnesty Program begins on April 21, 2017, and continues through June 19, 2017. The amnesty period is open for 60 days. During the amnesty period, any taxpayer with existing tax liabilities owing to the…more

State Taxes, Tax Amnesty, Tax Liability

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State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale

In Brief: - Significant jail time can result from overseeing and directing unauthorized robo-signing activities. - Victims of unauthorized robo-signing include residential mortgage servicers, in addition to…more

Attorney Generals, Investigations, Mortgages, Robo-Signing

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Supreme Court Limits Forum Shopping Options in Patent Litigation

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme Court…more

Food Manufacturers, Forum Shopping, Patent Infringement, Patent Litigation, Patents

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Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against Employer’s Top Client

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit…more

Confidentiality Agreements, Corporate Counsel, False Claims Act (FCA), Health Care Providers, Medicaid

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U.S. Supreme Court Puts the Brakes on Corps’ Wetlands Determinations

On May 31, 2016, in a (surprising) 8–0 decision, Chief Justice John Roberts, writing for the full Supreme Court, issued a ruling that will have far-reaching effects on landowners, real estate developers, farmers, oil and gas and…more

Administrative Procedure Act, Corporate Counsel, EPA, Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

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Corporate Records Service Scam Active in Pennsylvania

Corporations and limited liability companies should be aware that correspondence they receive from a company named Corporate Records Service has been deemed a scam by the Pennsylvania Department of State as well as the…more

Scams

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Hearing Aid Deregulation to Affect Wireless Device Industry and Create Compatibility Issues

Within the last week, both the U.S. Senate and the U.S. Food and Drug Administration (FDA or the Agency) have taken significant steps to deregulate a large portion of hearing aid devices. Despite the benefits that hearing aid…more

FCC, FDA, Over-the-Counter Sales, Wireless Devices

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Delaware to Increase Transfer Tax to 4% Starting August 1, 2017

Increase will not apply to contracts signed before August 1st - As part of passing the budget for fiscal year 2018, the Delaware General Assembly voted to increase the transfer tax charged on real estate transactions from 3%…more

Real Estate Transactions, Sales Contracts, Transfer Taxes

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Top Ten Construction Clauses: Pay-if-Paid and Pay-when-Paid Clauses

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner. The ConsensusDocs Standard Agreement 655 provides the following example: Receipt of…more

Construction Industry, Flow Down Clause, General Contractors, Mechanics Lien, Pay if Paid

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US District Court for the Middle District of Pennsylvania Enjoins PA Environmental Hearing Board From Hearing Appeal of State-Issued Environmental Permits

In Tennessee Gas Pipeline Co., L.L.C. v. Delaware Riverkeeper Network, et al, No. 3:13-cv-46 (Feb. 5, 2013), Judge Robert D. Mariani issued an opinion granting an injunction sought by Tennessee Gas Pipeline Company, L.L.C…more

Clean Water Act, EHB, FERC, Injunctions, Natural Gas

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NY State Supreme Court Upholds New York City’s Sodium Warning Rule

On February 10, 2017, the New York State Supreme Court, Appellate Division (the court), upheld New York City’s (the City) sodium warning rule (the Rule). The Rule requires covered establishments (i.e., chain food service…more

FDA, Menu-Labeling, Nutrition Facts Labels, Restaurant Industry

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Owners of Tax-Exempt Property in Philadelphia Must Provide Proof of Right to Continued Tax-Exempt Status

The Philadelphia Office of Property Assessment (OPA) has sent letters to all charitable organizations in the city that own property shown as tax-exempt, in whole or in part, in the OPA’s records. Attached to the letter is a form…more

Charitable Organizations, Filing Requirements, Property Owners, Property Tax, Tax Exemptions

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New Jersey Supreme Court Upholds Requirement That Notice of Insurance Claim Be Made “As Soon As Practicable”

The New Jersey Supreme Court’s decision in Templo Fuente De Vida Corp. v. National Union Fire Insurance Co. (decided February 11, 2016) upheld a carrier’s application of policy language requiring not only that notice be made…more

Filing Requirements, Insurance Claims, Insurance Industry, National Union, NJ Supreme Court

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New Amendments to the Illinois Condominium Property Act and Illinois Common Interest Community Association Act

Legislation that will take effect on January 1, 2018 will impose new obligations on Illinois condominium associations, including a requirement that every association maintain an official unit owner list that includes every unit…more

Common Elements, Condominium Associations, Condominiums

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Middle District of Pennsylvania: No Bad Faith Where Plaintiff’s Failure to Perform Contractual Duties Was the Reason for Delay

On December 24, 2013, a fire destroyed Plaintiffs’ home. Plaintiffs’ homeowners’ policy, issued by State Farm, required insureds to submit personal property inventories within sixty days after a loss. Three days after the…more

Bad Faith, Homeowner's Insurance, Homeowners, Insurance Industry, Insurance Litigation

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Higher Education Highlights - Summer 2017

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case…more

Biometric Information, Colleges, Due Process, Educational Institutions, FERPA

See all updates »

Liability for Unintentional Bird Deaths Still Up in the Air

The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the…more

Bird Fatalities, Citgo, DOJ, Energy Sector, Incidental Take Permits

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Illinois Senate’s Surprising Failure to Override Governor’s Veto of Equal Pay Bill

As a follow up to a recent post on this blog, Illinois Equal Pay Act Likely to be Amended to Prohibit Salary History Inquiries, and in a surprising turn of events, the Illinois Senate did not overturn Governor Bruce Rauner’s…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

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Consider Filing U.S. Patent Applications Before March 16

MARCH 16, 2013 is the effective date for major changes made to the U.S. Patent Act by the America Invents Act (“AIA”). These changes should motivate inventors to consider filing their patent applications before the changes take…more

America Invents Act, First-to-File, Patent Cooperation Treaty, Patent Reform, Patents

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Requirement To Use New EEO-1 Form Stayed

Although the Trump Administration has rolled back numerous Obama-era Executive Orders and other rules and policies intended to help workers, employers have been holding their collective breath, wondering whether the revised…more

Data Collection, EEO-1, EEOC, Equal Pay, OMB

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Right-to-Know Law Litigants in Pennsylvania Are Now Free to Introduce New Evidence and Arguments During Appeals and After OOR Final Determinations

The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”) are…more

Appeals, Evidence, Public Records, Right To Know, Standard of Review

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Construction Law Advisory - October 2015

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney…more

Architecture, Community Development, Compliance, Construction Industry, Contractors

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Detroit’s unprecedented bankruptcy filing highlights issues facing municipalities nationwide

The resolution of the City of Detroit’s bankruptcy proceeding may have wide-reaching implications regarding the treatment of general obligation bonds, underfunded pensions and health care obligations, as well as the use of…more

Chapter 9, Debt, Healthcare, Municipal Bankruptcy, Municipal Bonds

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A New Obligation Imposed on Employers Contributing to Multiemployer Plans

Lawyers with clients that deal with multiemployer plans thought we knew what plans could require withdrawing employers to pay. After all, the employer’s potential liability – commonly known as “withdrawal liability” – is…more

ERISA, Multiemployer Plan, Pensions, Withdrawal Liability

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Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek…more

Attorney-Client Privilege, Colleges, FERPA, HIPAA, Medical Records

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U.S. Supreme Court issues 5th Amendment Takings Claim Decision

?On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that it…more

Common Ownership, Fifth Amendment, Land Parcels, Murr v Wisconsin, Property Owners

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PTAB Finds Personalized Treatment Claims Unpatentable under Mayo

On August 14, 2017, the USPTO Patent Trial and Appeal Board (PTAB) issued a decision in Ex parte Ramsey, an unfavorable decision to applicants seeking to obtain claims directed to personalized medicine inventions. Specifically,…more

Biotechnology, Patent Trial and Appeal Board, Patents, USPTO

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