Author Info for Saul Ewing Arnstein & Lehr LLP

Brenda Glaser Abrams

2022 Health Care Predictions

COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Workers

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Earl Adams Jr.

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, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, HUD

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Marc Adesso

Executives Beware - Option Exercises Can Engender Massive HSR Fines

The Federal Trade Commission (FTC) recently fined the CEO of Capital One Financial Corp. $637,950 for completing the acquisition of Capital One voting securities via an option exercise without making a filing under the…more

Department of Justice (DOJ), FTC, Hart-Scott-Rodino Act, Premerger Notifications, The Clayton Act

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Megan Albright

Significant Changes to the Pennsylvania Contractor and Subcontractor Payment Act to Take Effect in October 2018

Those active in the construction industry are all too familiar with the increasingly common struggle of contractors and subcontractors getting paid for the work they perform…more

Construction Contracts, Construction Industry, Contractors, Prompt Payment, Subcontractors

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Matthew Allison

Maryland Modifies Shareholder Meeting Requirements for Publicly-Traded Corporations and REITs

On April 14, 2020, Maryland Governor Larry Hogan issued Executive Order Number 20-04-14-02 as part of the ongoing state of emergency and catastrophic health emergency order that was renewed on April 10, 2020 (the “Executive…more

Executive Orders, Governor Hogan, Publicly-Traded Companies, Shareholder Meetings

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Daniel Altchek

New Virginia Public Sector Bargaining Law About To Take Effect

Local government employees in the Commonwealth of Virginia will soon become eligible to enjoy collective bargaining rights for the first time, come May 1, 2021. On that date, a law passed in 2020 will take effect. The law gives…more

Collective Bargaining, Employees, Public Sector, Unions, Virginia

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Matthew Antonelli

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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David Antzis

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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Steven Appelbaum

Manufacturing and Distributing Personal Protective Equipment in Response to COVID-19: What Higher Education Institutions Need to Know

In response to widespread shortages of protective masks, face shields and other medical devices and device components (e.g., ventilators and ventilator parts) in light of COVID-19, some colleges and universities with the…more

3D Printing, Coronavirus/COVID-19, Distributors, Manufacturers, Medical Equipment

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Aaron Applebaum

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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Louis Archambault

Guidance for Our Real Estate Clients Amid the COVID-19 Pandemic

The entire human race is dealing with the impact of the COVID-19 pandemic and the real estate industry is being impacted in very unique ways…more

Coronavirus/COVID-19, Infectious Diseases, Real Estate Market

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Bruce D. Armon

HHS Announces Four HIPAA Compliance Enforcement Actions With Health Care Providers

On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related to…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers, HIPAA

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George Asimos

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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Brian Atherton

What do FINRA’s New Anti-Money Laundering Program Requirements Mean for Borrowers?

As of May 11, 2018 all member firms of the Financial Industry Regulatory Authority, Inc. (FINRA) were required to be in compliance with the provisions of the Customer Due Diligence Requirements for Financial Institutions (CDD…more

Anti-Money Laundering, Beneficial Owner, Customer Due Diligence (CDD), Financial Institutions, FinCEN

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Joshua Atlas

COVID-19 Shutdown Orders Allow Construction Work to Proceed in Some States but Limit it in Others - May 2020 Update

Jurisdictions Limiting Construction Work - Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction, including in the City of Boston, as…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Executive Orders

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Edward Baines

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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Georgia Baker

What Higher Education Institutions Need to Know About Telehealth in Light of COVID-19

As COVID-19 continues to disrupt almost every industry, organizations must adjust swiftly to continue to serve their clients. This need to adjust is particularly acute for higher education institutions operating counseling and…more

Coronavirus/COVID-19, Educational Institutions, Emergency Management Plans, Students, Telehealth

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Michael Barnes

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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Susan Barrett

2018 Health Law Predictions

2017 was a year in contrasts for the health care delivery system. Congress and President Trump made several attempts to “repeal and replace” the Affordable Care Act. Controversy about marijuana continued as more states consider…more

Affordable Care Act, Cybersecurity, Department of Justice (DOJ), FTC, Health Care Providers

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William Baton

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

Abbreviated New Drug Application (ANDA), Boehringer, Compliance, Corporate Counsel, DaimlerAG

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Karilynn Bayus

OCR Clarifies Direct Liability of Business Associates Under HIPAA

On May 24, 2019, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), released a new fact sheet describing 10 ways in which a “business associate” can be liable under HIPAA…more

Breach Notification Rule, Business Associates, Covered Entities, Department of Health and Human Services (HHS), HIPAA

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Jennifer Beidel

New 11th Circuit Decision Kicks Off Developments Under Anti-Kickback Statute

On November 24, 2020, the 11th Circuit issued a notable decision in United States v. Shah, 981 F.3d 920 (11th. Cir. 2020), which clarifies whether, in order to obtain a conviction under the federal Anti-Kickback Statute (“AKS”),…more

Anti-Kickback Statute, Enforcement Actions, Health Care Providers, Healthcare Fraud, Kickbacks

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Zachary Berk

Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement

On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that requires…more

MA Supreme Judicial Court, Marijuana, Medical Marijuana, Reimbursements, Workers' Compensation Claim

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K. Daniel Berman

Paycheck Protection Loan Application Period Extended to August 8, 2020

The Paycheck Protection Program (PPP) was expected to stop accepting loan applications on June 30, 2020, but that date has now been extended to August 8, 2020…more

Loans, Paycheck Protection Program (PPP), SBA, Small Business

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Gregory Bernabeo

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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Roger Bernstein

President Trump’s Executive Order to Temporarily Restrict Certain Immigrant Visa Classifications; Specifically Excludes EB-5

This updates a previous alert with respect to the shutdown of U.S. borders and immigration-related services. On April 22, 2020, the White House released President Trump’s proclamation temporarily suspending certain immigration…more

Coronavirus/COVID-19, Immigrants, Presidential Proclamations, Trump Administration, Visas

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M. Paige Berry

Authorized Property and Business Interruption Insurers of Commercial Property in New Jersey to Include Statements That Policy May Not Cover Pandemics or Viruses

On May 12, 2021, the Governor of New Jersey signed into law a bill that will require authorized insurers that provide property and business interruption insurance for commercial property in New Jersey to provide a summary to…more

Business Interruption, Commercial Insurance Policies, Commercial Property Owners, Insurance Claims, Insurance Industry

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Yogini Bhavsar-Jog

Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward

DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and…more

Artificial Intelligence, Computer-Related Inventions, Inventions, Inventors, Patent Applications

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Alexander Bilus

After TransUnion, Lower Courts Grapple With Article III Standing in Data Breach Lawsuits

In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers. The plaintiff will claim that the breach has exposed the plaintiff…more

Article III, Corporate Counsel, Data Breach, Injury-in-Fact, Legal History

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Andrew Bockis

Pennsylvania Amends Law Governing Access to Agency Records During Emergency Declarations

Obtaining public records in a timely fashion from government agencies in Pennsylvania can be an arduous task during ordinary times. Enter a worldwide pandemic that forced most workers, including civil servants, to begin working…more

Data Collection, Government Agencies, Governor Wolf, Public Records, State and Local Government

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Garry Boehlert

Pardon the French but Is COVID-19 Covered by the Force Majeure Clause of Your Construction Contract?

As the CDC issues guidelines progressively cautioning against attending activities with more than 1000, then 500, then 250, and now 50 people, it was only a matter of time before the coronavirus (COVID-19) impacted construction…more

Construction Contracts, Construction Industry, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Andrew Bollinger

Updated Title IX Rules: Analysis on Jurisdiction

Participating or Attempting to Participate - In order to file a formal complaint, the complainant must be “participating in or attempting to participate in” the recipient’s education program or activity at the time the formal…more

Educational Institutions, Jurisdiction, Sexual Harassment, Students, Title IX

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Samuel Bordoni-Cowley

District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to Proceed Without Claim for Breach of Contract

Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) - In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode Island…more

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

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Gregory M. Boucher

Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay Subcontractor; Contractor Also Liable for Millions Resulting From Termination for Cause

A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Liability

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Brandon Brauer

Energy and the Infrastructure Bill: How Will It Solve Permitting Gridlock and Help Nuclear Power and Hydrogen Industries?

The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for…more

Energy Sector, Hydropower, Infrastructure, Nuclear Power, Power Plants

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Maxwell Bremer

Three Key Takeaways From Our Business Continuity Steps for Rebounding From the COVID-19 Pandemic Webinar

1. Assess your company's current risks and understand the current environment. Remain flexible and adjust to changing circumstances, including employment rules and restrictions and local, state and national laws impacting your…more

Coronavirus/COVID-19, Corporate Governance, Risk Assessment

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Dennis Brennan

SBA Issues PPP Loan Guidance Regarding M&A Transactions

The U.S. Small Business Association (the “SBA”) released on October 2, 2020 a Procedural Notice providing guidance as to a change of ownership of companies (a “PPP Borrower”) which received a loan (a “PPP Loan”) through the…more

Borrowers, Loans, Paycheck Protection Program (PPP), SBA

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Dasha Brockmeyer

Group Health Plans and Compliance With the Nonquantitative Treatment Limitations of the Mental Health Parity and Addiction Equity Act

While sponsors and/or administrators of Group Health Plans select the design of the their group health plans, they do not, generally, act as claims administrators. Insurance carriers (for fully-insured programs) and third-party…more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, ERISA, Health Insurance

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Andrea P. Brockway

Name, Image, Likeness Update: Where We Are Now

Recap: How We Got Here - Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon…more

College Athletes, Colleges, Compensation, Name and Likeness, NCAA

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Jacqueline Brooks

Maryland’s High Court Finally Confirms Fiduciary Duty Claims as Independent Causes of Action

Ending almost 23 years of confusion, the Maryland Court of Appeals, in an opinion issued on July 14, 2020, unequivocally ruled that Maryland recognizes an independent cause of action for breach of fiduciary duty, erasing any…more

Breach of Duty, Cause of Action Accrual, Fiduciary Duty, Maryland Court of Appeals

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Eric Brossman

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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David Brown

SECURE Act Impacts Estate Plans: Here’s What to Know (Part I)

A new law, which is called “SECURE” (Setting Every Community Up for Retirement Enhancement), applies to retirement plans of people who die after December 31, 2019…more

Employee Benefits, Estate Planning, IRA, Retirement Plan, SECURE Act

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Gary Brown

Addressing our Infrastructure Woes: is Private Equity the Answer?

The ancient Romans were among the first advanced civilizations to understand the importance of public roads and other infrastructure. Modern civilization has come a long way from these early beginnings. From colossal bridges and…more

Infrastructure, Investors, Private Equity, Public Private Partnerships (P3s), Trump Administration

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Ross Bruch

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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W. Matthew Bryant

Illinois Appellate Court: Illinois Construction Industry Groups Have Standing to File Lawsuit But Lose Their Constitutional Arguments

Under a recent Illinois appellate court decision, local Illinois construction industry groups were held to have standing to sue Cook County, Illinois, but those groups lost on their substantive claim that the County had violated…more

Construction Industry, Illinois, State Taxes, Transportation Industry

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Joel Burcat

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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Allison Burdette

Considerations for Remote Patient Monitoring Vendors and Providers

Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or…more

Centers for Medicare & Medicaid Services (CMS), Data Collection, Electronic Monitoring, Electronic Protected Health Information (ePHI), FTC

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Nancy Burke

Hazardous Substances Emissions Found Not Reportable Under CERCLA: U.S. Steel and Common Sense Prevail at Third Circuit

When a fire, spill or explosion causes pollutants to escape to the environment, responsible parties must quickly grapple with whether and when to report to authorities, which statutes and regulations apply, which agencies to…more

CERCLA, Clean Air Act, Contaminated Properties, Hazardous Substances

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Garrett Buttrey

DOL Issues Proposed Rule Increasing Minimum Wage to $15/ Hour for Federal Contracts

On July 21, 2021 the Department of Labor (“DOL”) published a Proposed Rule that will raise the minimum wage for federal contractors to $15 per hour beginning January 30, 2022. It also calls for annual, indexed increases…more

Corporate Counsel, Department of Labor (DOL), Executive Orders, Federal Contractors, Minimum Wage

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Dena Calo

DOL Final Rule for Tipped Employees Resurrecting the "80/20 Rule" (and More) Goes Into Effect on December 28

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage…more

Department of Labor (DOL), Employees, FLSA, Minimum Wage, Tip Credit

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Vincent Canale

COVID-19 Moratorium on Collection of Common Expense Assessments Lifted

Since the onset of the COVID-19 pandemic, Executive Orders issued by Illinois Governor JB Pritzker have prevented condominium and homeowner associations from effectively pursuing collection of unpaid assessments through the…more

Coronavirus/COVID-19, Eviction, Governor Pritzker, Homeowners Association (HOA), Moratorium

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Lee Carpenter

When Should You Write Your First Will?

The idea of being “proactive” has never held much appeal. Burglar alarms are often installed only after the house has been looted. Trip insurance is frequently purchased for the vacation after the one that goes awry. And yes,…more

Beneficiaries, Estate Planning, Inheritance, Wills

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Richard Carroll

FinCEN Publishes Proposed Regulations for Corporate Transparency Act

Proposed regulations (the “Proposed Regulations”) recently published by the Secretary of the Treasury under the Corporate Transparency Act (the “CTA”) make it clear that reporting under the CTA is imminent for owners of…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, FinCEN, NDAA

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Gregory Chambers

No Rent? No Problem. Not Quite: An Analysis of Massachusetts’ Moratorium on Foreclosures and Non-Essential Evictions

On Monday, April 20, 2020, Governor Baker of Massachusetts signed Bill H4647 (the “Act”). The Act places a moratorium on all “non-essential” evictions from properties used for residential purposes and those occupied by…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Governor Baker

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Barry Chatz

From Business Viability and Cashflow Analysis to First Payment Rights — Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry

Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Barry Chatz, a partner in the Firm’s Bankruptcy and Restructuring Practice, on a variety of financial issues…more

Agribusiness, Agricultural Sector, Beverage Manufacturers, Commercial Bankruptcy, Debt Restructuring

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Kellie Chen

Heads Up New Jersey Employers - Huge Penalties Under NJ’s New "Wage Theft" Law

On August 6, 2019, Acting Governor Sheila Oliver signed a bill (S-1790) imposing tougher penalties for "wage theft." The law significantly increases penalties for employers, including potential imprisonment for employers who run…more

Criminal Penalties, Employer Liability Issues, State Labor Laws, Wage and Hour, Wage Theft

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Sarah Lockwood Church

Group Health Plans and Compliance With the Nonquantitative Treatment Limitations of the Mental Health Parity and Addiction Equity Act

While sponsors and/or administrators of Group Health Plans select the design of the their group health plans, they do not, generally, act as claims administrators. Insurance carriers (for fully-insured programs) and third-party…more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, ERISA, Health Insurance

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Michael Cianfichi

Court Tosses Lawsuit by Employee and Spouse Seeking to Hold Employer Liable for COVID-19 Infection

A federal court recently dismissed a lawsuit filed by an employee and his spouse seeking to hold his employer liable for both of them contracting COVID-19. The dismissal should bring comfort to employer anxiety over lawsuits by…more

Coronavirus/COVID-19, Dismissals, Employees, Employer Liability Issues, Liability

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Melissa Clarke

New Jersey Department of Community Affairs Opens 60-Day Comment Period for Forthcoming Warehouse Solar Regulations

On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform…more

Comment Period, Construction Permits, New Jersey, Solar Energy, Utilities Sector

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Gerard Clodomir

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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Alfred Coleman

Loot Boxes in Video Games (and Jordan vs. Kobe)

In this episode of "Lawyers With Game," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice sits down with the firm’s Sports and Entertainment Practice Leader Al Coleman to discuss various…more

Athletes, eSports, Loot Boxes, Michael Jordan, Video Games

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Ronald Colicchio

Every Beneficiary is Entitled to an Accounting

A beneficiary of an estate or a trust has the right to review the actions of the executor or trustee by asking for an accounting. To be prudent, an executor or trustee should provide the beneficiary with updates on the status…more

Beneficiaries, Estate Planning, Trustees, Trusts

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Thomas Conley

Highlights From the CDC Guidance for U.S. Ambulatory Care Settings During COVID-19

On April 7, 2020, the Centers for Disease Control and Prevention issued new guidance for outpatient and ambulatory care. While you should read the full guidance, Outpatient and Ambulatory Care Settings: Responding to Community…more

CDC, Coronavirus/COVID-19, Health and Safety, Public Health, Risk Management

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Gillian Cooper

FMLA To Permit Telemedicine Visits and Electronic Posting of General Notice

As a result of the COVID-19 pandemic, on December 29, 2020, the United States Department of Labor (DOL) announced that it will consider a telemedicine visit with a health care provider as an in-person visit when establishing a…more

Coronavirus/COVID-19, Department of Labor (DOL), FMLA, Sick Leave, Telemedicine

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Harriet Cooperman

2022 Health Care Predictions

COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Workers

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Brett S. Covington

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, Department of Labor (DOL), Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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Andrea Cox

Liability Uncertainty Remains for Businesses Even After COVID-19 Civil Immunity Laws Are Enacted

Nearly a dozen states have passed laws and even more have considered legislation purporting to grant immunity to businesses against lawsuits arising out of the spread of COVID-19…more

Coronavirus/COVID-19, Immunity, Liability, Negligence, Risk Mitigation

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Justin Crotty

GSK v. Teva - No Safe Harbor for Skinny Labels

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property…more

Patent Infringement, Patents, Pharmaceutical Industry, Pharmaceutical Patents, Popular

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John Crozier

SEC Proposes New Cybersecurity Rules for Public Companies

The SEC voted on March 9, 2022, by a vote of three to one, to propose regulations “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies”…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Popular

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Andrew Daly

Group Health Plans and Compliance With the Nonquantitative Treatment Limitations of the Mental Health Parity and Addiction Equity Act

While sponsors and/or administrators of Group Health Plans select the design of the their group health plans, they do not, generally, act as claims administrators. Insurance carriers (for fully-insured programs) and third-party…more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, ERISA, Health Insurance

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Phillip Daniels

Delaware Court Shows Importance of Order of Priority Clauses

A recent bench trial in Delaware State Court ruled that a subcontractor was entitled to payment from a general contractor because an order of priority clause gave priority to a bid proposal contract term that barred a…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, General Contractors

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Justin Danilewitz

U.S. Department of Justice Announces $5.6 Billion in False Claims Act Recoveries During FY 2021

On February 1, 2022, the U.S. Department of Justice (DOJ) released its enforcement statistics for fiscal year 2021. The DOJ obtained over $5.6 billion in False Claims Act (FCA) recoveries in the fiscal year ending September 30,…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Health Care Providers

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Chad Davis

2021 Delaware General Corporation Law and Alternative Entity Amendments

On June 30, Delaware Governor John Carney signed into law the 2021 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised…more

Corporate Governance, Delaware, Limited Liability Company (LLC), Partnerships

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Angela de Cespedes

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness (NIL),…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

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Marisa de Feo

Updated Title IX Rules: Analysis of the Definition of “Sexual Harassment”

The Department of Education (“Department”) redefined “sexual harassment” for Title IX purposes insomuch as the Final Rule narrowed the scope by requiring that unwelcome conduct be severe and pervasive and objectively offensive…more

Department of Education, Educational Institutions, Sexual Assault, Sexual Harassment, Title IX

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John Demmy

Delaware Bankruptcy Local Rule Changes

The Delaware Bankruptcy Court has announced changes to its local rules effective February 1, 2019. For chapter 11 practitioners, the most noteworthy changes are to certain procedures applicable in main case motion practice and…more

Adversary Proceedings, Bankruptcy Court, Chapter 11, Federal Rules of Bankruptcy Procedure

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Stephanie Denker

MLB Ticket Refunds Did Not Moot Claims

It has been several months since consumers began filing lawsuits against various companies for failing to issue refunds or changing their refund policies after the COVID-19 pandemic began. …more

MLB, Mootness, Refunds, Sports

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Nancy DePodesta

Four Key Takeaways From Our Compliance Considerations and Enforcement Trends Surrounding the CARES Act Webinar

1. With deteriorated economic conditions, high unemployment and a $2 trillion government stimulus, the current environment is ripe for fraud. The Department of Justice has prioritized swift action against those suspected of…more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Fraud

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Ariel Deray

How Recent TCPA “Autodialer” Decisions Impact Your Business

If your company’s marketing strategy involves communicating with prospective or existing clients via phone calls and text messages, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”)…more

ATDS, Auto-Dialed Calls, FCC, Prior Express Consent, Robocalling

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Cathleen Devlin

EPA’S Divisive “Temporary Enforcement Policy” Set to Terminate at End of August 2020

On June 29, 2020, the U.S. Environmental Protection Agency (EPA) announced that its March 26, 2020 Temporary Policy Memo, which modified the Agency’s enforcement discretion in light of the sweeping impact of the COVID-19…more

Coronavirus/COVID-19, Environmental Policies, EPA

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Amanda DiChello

Recent Pennsylvania Superior Court Case Addresses the Messy Business of Divorce, Postnuptial Agreements and Death

A woman who dropped divorce proceedings three days after her husband died is entitled to the proceeds from his insurance policy but cannot claim his pension benefits, according to a recent Pennsylvania Superior Court ruling…more

Beneficiaries, Beneficiary Designations, Divorce, ERISA, Life Insurance

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Steven Dickstein

School Is Out: Summer Compliance Reading for Athletics Programs

As colleges and universities and their athletics departments navigate the uncertainties of the COVID-19 pandemic, they should be aware of the NCAA’s guidance about offseason training, communications with current and prospective…more

Coronavirus/COVID-19, NCAA, Student Athletes, Universities

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Ryan L. DiClemente

“No Concrete Harm, No Standing”: The Long-Reaching Implications of the Supreme Court’s Decision in Ramirez v. TransUnion

On June 25, 2021, the U.S. Supreme Court delivered its decision in the closely watched class action case, Ramirez v. TransUnion LLC, No. 20-297. The Court’s 5 to 4 decision, authored by Justice Kavanaugh, promises to have…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Samuel Diehl

Minnesota COVID-19 Update— May 2020

This update provides a quick-reference summary of major Minnesota state and local government actions taken in response to the novel COVID-19 outbreak that may be pertinent to Minnesota clients’ business operations. We will seek…more

Coronavirus/COVID-19, Executive Orders, Governor Walz

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