Author Info for Saul Ewing LLP

Brenda Glaser Abrams

OCR Imposes $115,200 CMP Against HIPAA-Covered Entity

On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that AMR…more

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

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Dan Altchek

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly…more

Administrative Law Judge (ALJ), Collective Bargaining, Employee Rights, NLRA, NLRB

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Douglas Anderson

Minnesota Supreme Court Leaves the Law on Corporate Minority Beneficial Interest Buyout Rights Unsettled but Reaffirms Notice Pleading Standard

Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business…more

Beneficial Owner, Buy-Out Agreements, Majority Shareholders, Minority Shareholders, MN Supreme Court

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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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Steven Appelbaum

U.S. Supreme Court Resolves Circuit Split Concerning Title VII Actions Related to Workplace Transfers

On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if they…more

Civil Rights Act, Discrimination, Employee Transfers, Lateral Transfers, Muldrow v City of St Louis

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Louis Archambault

Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on…more

Antitrust Violations, Compliance, Damages, Liability, National Association of Realtors

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Bruce Armon

OCR Imposes $115,200 CMP Against HIPAA-Covered Entity

On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that AMR…more

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

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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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William Baton

Virginia Appeals Court Reverses $2 Billion Jury Award to Appian in Trade Secrets Misappropriation Case

Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade…more

Competition, Confidential Information, Damages, Intellectual Property Protection, Misappropriation

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Bethany Beaver

Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment

The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project

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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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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

Cybersecurity in Video Games & Esports

In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming and Esports Practice chats with colleagues Sandy Bilus and Evan Foster from Saul Ewing’s Cybersecurity & Privacy group about data…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Andrew Bockis

Supreme Court Overrules 40-Year-Old Chevron Deference, Restores Final Statutory Interpretative Power To Courts; Expect More Litigation Over Agency Action

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies

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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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Krystal Bordoni-Cowley

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously…more

Commercial Property Owners, Compliance, Disclosure Requirements, FEMA, Flooding

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Sam 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 Boucher

Construction Lender Found Liable for Payments to General Contractor Despite Lack of Contractual Relationship

A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a…more

Construction Contracts, Construction Industry, General Contractors, Lenders, Loans

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Brandon Brauer

Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in…more

Commercial Property Owners, Commercial Tenants, Construction Industry, Educational Institutions, Energy Efficiency

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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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David Brown

What Trustees Need to Know About the Corporate Transparency Act

Introduction - The introduction to the final regulations issued under the Corporate Transparency Act (“CTA”) by the Financial Crimes Enforcement Network of the United States Treasury (“FinCEN”) states that, “[i]llicit actors…more

Beneficial Owner, Beneficiaries, Corporate Transparency Act, FinCEN, Reporting Requirements

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Jac Brueneman

NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality…more

Contamination, Groundwater, NJDEP, Public Comment, Remediation

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W. Matthew Bryant

Under Illinois Law an Owner, Not its Insurer, Is At Risk for the Misdeeds of the Owner’s Public Adjuster

In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public…more

Insurance Industry, Property Damage, Property Owners, Public Adjusters

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Allison Burdette

The Friday Five: Five ERISA Litigation Highlights - March 2024

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were…more

Denial of Benefits, Disability, Disability Benefits, Employee Retirement Income Security Act (ERISA), Federal Rules of Civil Procedure

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Nancy Quattlebaum Burke

SCOTUS WADES INTO WOTUS: Landmark Supreme Court Decision Narrows the Scope of Wetlands Covered by the Clean Water Act

The Sacketts made history again in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell Sackett…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Alex Callo

Virginia Appeals Court Reverses $2 Billion Jury Award to Appian in Trade Secrets Misappropriation Case

Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade…more

Competition, Confidential Information, Damages, Intellectual Property Protection, Misappropriation

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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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Maria Carnicella

What Is a “Reporting Company” Under the New Federal Corporate Transparency Act?

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) will require all “Reporting Companies” to report to the federal Financial Claims Enforcement Network (“FinCEN”) information about their “beneficial owners”…more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, FinCEN

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Rick Carroll

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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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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Robert Christoffel

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

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Sarah Lockwood Church

A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Brandon Clark

Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies

On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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Melissa Clarke

EPA Action Designates Two Widely Used PFAS as Hazardous Substances Under the Superfund Law

On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the…more

Brownfield Properties, CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA)

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Juliana Clifton

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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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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Y. Lisa Colon

Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers

Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions…more

Construction Contracts, Construction Industry, Construction Project, Flow Down Clause, Subcontractors

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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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Public Health, Risk Management

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Harriet Cooperman

NLRB Gives Workers and Unions an Early Holiday Gift with Four Significant Pro-Employee Decisions

Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to…more

Employee Rights, NLRB, Unfair Labor Practices, Unions

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Louis Couture

Federal Funding Available for Schools and Local Governments Looking to Transition to Clean Energy Vehicles

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their…more

Clean Energy, Environmental Protection Agency (EPA), Federal Funding, Infrastructure Investment and Jobs Act (IIJA), School Districts

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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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Andy Daly

A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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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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Angela de Cespedes

The King of Donkey Kong: Conversations with a Video Game Industry Icon with Garry Kitchen, Legendary Video Game Designer and Expert Witness

In this episode of “Lawyers With Game,” hosts Darius Gambino and Angela de Cespedes from Saul Ewing’s Video Gaming & Esports Practice speak with video game pioneer Garry Kitchen. From reverse engineering the Atari and creating…more

Entertainment Industry, Gaming, Online Gaming, Video Games

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Marisa De Feo

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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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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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, Environmental Protection Agency (EPA)

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Monique DiSabatino

Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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John Dixon

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality…more

Air Pollution, Air Quality Standards, Clean Air Act, Energy Sector, Environmental Policies

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Kate Dosmanova

Update on EB-5 Visas for FY 2024: All Unreserved Visas Issued

The EB-5 program, officially known as the Employment-Based Fifth Preference Immigrant Investor Program, offers a compelling pathway for foreign investors to gain lawful permanent residency in the United States by investing in…more

EB-5, Foreign Investment, Immigrant Investor Program, Immigration Procedures, Investors

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Kathryn Doyle Ph.D.

Sovereign Immunity Bars Involuntary Joinder of a Sovereign Party to a Suit, but the Suit May Proceed Without the Sovereign Party

On July 24, 2020, the Court of Appeals for the Federal Circuit ("Federal Circuit") in Gensetix, Inc. v. Baylor College of Medicine, No. 19-1424 (Fed. Cir. July 24, 2020) issued an opinion involving the interplay between state…more

Eleventh Amendment, Federal Rules of Civil Procedure, Life Sciences, Patent Infringement, Patent Litigation

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Brian Drockton

CFPB Takes Action Against Fay Servicing for Alleged Violations of Mortgage Servicing Laws and Prior Enforcement Orders

On August 21, 2024, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against Fay Servicing, a nonbank mortgage servicer, for alleged violations of federal mortgage servicing laws and non-compliance…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, Mortgage Lenders

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Tricia Duffy

The Friday Five: Five ERISA Litigation Highlights - September 2024

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Rob Duston

The Clock is Ticking on Website Accessibility for Public Entities; Others Entities are on Notice

On April 24, 2024, the U.S. Department of Justice (DOJ) published in the Federal Register a final rule on Accessibility of Web Information and Services of State and Local Government Entities. These regulations are at 28 C.F.R…more

Colleges, Compliance, Department of Justice (DOJ), Educational Institutions, Health Care Providers

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Gary Eidelman

The Eastern District of Pennsylvania Declines to Enjoin Application of the FTC’s Non-Compete Rule

On Tuesday, July 23, 2024, Eastern District of Pennsylvania Judge Kelley Brisbon Hodge declined to enjoin application of the FTC’s administrative rule banning the majority of non-competes in the country (the “Rule”) when she…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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John Englert

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality…more

Air Pollution, Air Quality Standards, Clean Air Act, Energy Sector, Environmental Policies

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Corey Etcheverry

On Substantial Completion In Construction Contracts

“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the…more

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

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William Eveland

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will…more

Colleges, Department of Education, Educational Institutions, eSports, Executive Orders

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Dawn Eyerly

The Friday Five: Five ERISA Litigation Highlights - July 2024

This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight…more

Beneficiaries, Disabilities, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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David Falcone

City of Philadelphia Enacts Emergency Housing Protection Act to Protect Renters During COVID-19 Emergency

The Philadelphia City Council came together recently to enact an unprecedented package of renter protections designed to assist Philadelphia’s renter community weather the COVID-19 storm and help brace the City for an inevitable…more

Coronavirus/COVID-19, Landlords, Relief Measures, Rent, Rental Property

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Adam Fayne

Cannabis M&A: Pain Points and Opportunities

In part four of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Adam Fayne discuss emerging industry developments and common issues that cannabis businesses face today. This session covers pain…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Ronald Fieldstone

Re: Query re stand-alone EB-5 Offering

The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in…more

EB-5, EB-5 Regional Centers, Foreign Investment, Investors

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Michael Finio

FTC Supports Proposed PTO Rule Mandating Disclosure of Agreements Between Litigants in Disputes Before the Patent Trial and Appeal Board

Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S. Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all…more

Disclosure Requirements, Federal Trade Commission (FTC), Orange Book, Patent Trial and Appeal Board, Patents

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Russell Fishkind

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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Sherry Flax

USPTO Issues Cannabis Trademark Guidance, Opens the Door for Some Marks to be Registered

On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued "Examination Guide 1-19 - Examination of Marks for Cannabis and Cannabis Related Goods and Services after Enactment of the 2018 Farm Bill" (Guidance), outlining…more

Cannabidiol (CBD) oil, Controlled Substances Act, Farm Bill, Food and Drug Administration (FDA), Marijuana

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Richard Forsten

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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Tony Forte

What Developers Need to Know About New Philadelphia Tax Legislation Affecting Development Projects

Responding to calls from Philadelphia’s housing advocates to generate tax revenue for affordable housing, Philadelphia City Council adopted a trio of ordinances on December 2, affecting most new construction projects throughout…more

Affordable Housing, City Planning Departments, Construction Industry, Construction Project, Pennsylvania

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Evan Foster

Cybersecurity in Video Games & Esports

In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming and Esports Practice chats with colleagues Sandy Bilus and Evan Foster from Saul Ewing’s Cybersecurity & Privacy group about data…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Richard Frazier

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Darius Gambino

Is Your Video Game Account a Bank Account? The CFPB Thinks So.

Mark April 4, 2024 in your calendar – it is the day that the Consumer Financial Protection Bureau (CFPB) set its sights on the video game industry. The CFPB issued a Report this week entitled "Banking in video game and virtual…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Collection, Financial Services Industry

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Geoffrey Gamble

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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Swata Gandhi

Five Key Takeaways From Our Contract Considerations Regarding Force Majeure in the COVID-19 Era Webinar

1. Force majeure is a contractual provision that excuses a party’s performance obligations due to certain events that are outside a party’s control. A force majeure provision must be included in the contract to be invoked; it is…more

Coronavirus/COVID-19, Force Majeure Clause

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Frederic Garsson

What Insurers Should Know About the NAIC’s Recent Adoption of Its Enhanced Climate Survey

“Environmental, Social, and Governance,” often referred to as “ESG,” are core themes currently circulating throughout the insurance industry – and they are likely to remain an important focus of the insurance industry for many…more

Disclosure Requirements, Environmental Social & Governance (ESG), Insurance Industry, NAIC

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William Gee

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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Matthew Gerber

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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Kathleen Gilligan

Chicago Zoning Ordinance Adds Air Quality Environmental Review Provisions

While not all states allow local governments to regulate air pollution, Illinois does. The City of Chicago, following the lead of several east coast municipalities and the City of Los Angeles, has recently established a bold…more

Air Pollution, Air Quality Standards, City of Chicago, Clean Air Act, Environmental Review

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James Gkonos

Four Key Takeaways from Saul Ewing Arnstein & Lehr’s Seminar on InsurTech Fundamentals and Compliance Strategies for Implementation

Demands from millennials, who now represent the largest living generation, combined with a variety of technology advancements—such as Big Data, blockchain and artificial intelligence—are driving innovation across all stages of…more

Artificial Intelligence, Big Data, Blockchain, Innovation, Insurance Industry

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Jeffrey Glaser

Make Sure Mom's Records Are Timely Provided; Two New HIPAA-Covered Entity Payments Announced

The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions were…more

Covered Entities, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Medical Records, OCR

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Michael Gold

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

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Cynthia Gomez

Recent Business Immigration Updates and Trends

For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically, save…more

Foreign Workers, H-1B, Immigration Procedures, Pilot Programs, US Department of State

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Jim Goodrich

On Substantial Completion In Construction Contracts

“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the…more

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

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Pamela Goodwin

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of Actions Within Their Regulatory Authority – A Key Question for Energy Infrastructure Development

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act…more

Certiorari, Environmental Impact Statements, Environmental Review, Government Agencies, NEPA

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Thomas Goodwyn

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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Shivani Govani

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Employer Liability Issues

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Casey Grabenstein

How Technology Has Transformed Today’s Agriculture Commodities Market

In this episode of "Don't Miss a Beet," host Kermit Nash, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark…more

Agricultural Sector, Commodities, USDA

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Anne Greene

A Wellness Check for Your Employee Benefit Plans Part 4: Executive Compensation Reminders

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation. Executive compensation arrangements provide a company with a highly flexible benefit to…more

Benefit Plan Sponsors, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Mark Gruhin

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

Matthew Haar

The Friday Five: Five ERISA Litigation Highlights - May 2024

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely…more

Disabilities, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Morgan Haas

Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Jeffrey Hampton

Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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Virginia Hansen

Comment Period Open for EPA Settlement to Oversee and Enforce Pennsylvania's Clean Water Obligations

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water, Water Quality

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Mary Harmon

Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in…more

Commercial Property Owners, Commercial Tenants, Construction Industry, Educational Institutions, Energy Efficiency

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Jonathan Havens

Mitigating and Addressing Litigation Risks for Cannabis Businesses

In part five of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Kayleigh Keilty discuss emerging industry developments and common issues that cannabis businesses face today. This session covers…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana

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Jared Hawk

Five Key Takeaways From Our Contract Considerations Regarding Force Majeure in the COVID-19 Era Webinar

1. Force majeure is a contractual provision that excuses a party’s performance obligations due to certain events that are outside a party’s control. A force majeure provision must be included in the contract to be invoked; it is…more

Coronavirus/COVID-19, Force Majeure Clause

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Richard Hayden

Pennsylvania Medical Marijuana Permit Applications Now Live, Deadline to Submit is May 17

Earlier today, the Pennsylvania Department of Health (DOH), Office of Medical Marijuana (OMM), which oversees the Commonwealth’s medical marijuana program, initiated phase II of its licensing process. OMM is now accepting…more

Dispensaries, Marijuana, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

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Nancy Hearne

Have Your Kids Moved Home? Here Is a Better Alternative to Changing the Locks

Your kitchen counter has become your child’s home office, your oriental rugs are covered with Legos that you can’t see, and a basketball hoop blocks your view of the TV…more

Gift Tax, Interest Rates, Intra-Family Loans

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Joseph Holmes

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of…more

Anti-Harassment Policies, Civil Rights Act, Employer Liability Issues, Employment Policies, Harassment

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Adam Isenberg

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Ryan Jerome

Cannabis Class Actions

As the cannabis industry continues to grow and expand at a rapid pace, successful operators could become the targets of labeling class actions that have plagued the traditional food and beverage industry for decades, especially…more

Cannabis Products, Class Action, Manufacturers, Marijuana, Regulatory Oversight

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Jennifer Jester

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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Jessica Jones

Third Circuit Upholds New Jersey’s Temporary Workers’ Law

In the recent decision of New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s…more

Employee Rights, New Jersey, Staffing Agencies, State Labor Laws, Temporary Employees

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Michael Joyce

The Friday Five: Five ERISA Litigation Highlights - January 2024

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management…more

Beneficiaries, Denial of Benefits, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Laurie Kamaiko

Dismissals of COVID-19 Business Interruption Claims Upheld by Appellate Courts

Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language…more

Appellate Courts, Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Erik Kantz

Private Lawsuit May Move Forward Over Collection of Biometric Data

On Friday, January 25, 2019, the Illinois Supreme Court sharpened the teeth of the Biometric Information Privacy Act (the “Act”). The Court ruled in favor of protecting the privacy of an individual’s biometric identifiers,…more

Actual Injuries, Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy

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Rohit Kapuria

Re: Query re stand-alone EB-5 Offering

The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in…more

EB-5, EB-5 Regional Centers, Foreign Investment, Investors

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Judith Kassel

Federal Court Blocks Federal Contractor Mandatory Vaccination Rule From Taking Effect

On Tuesday, December 7, 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of the federal mandate that obligates many federal contractors and subcontractors to require their…more

Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees, Preliminary Injunctions

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Laura Katz

CMS Expands Telehealth Benefits for Medicare Beneficiaries

On March 17, 2020, the Trump administration announced expanded Medicare telehealth coverage allowing Medicare beneficiaries greater access to health care services in the safety of their homes as a “temporary resource.”…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Infectious Diseases, Medicare, Telehealth

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Kayleigh Keilty

Mitigating and Addressing Litigation Risks for Cannabis Businesses

In part five of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Kayleigh Keilty discuss emerging industry developments and common issues that cannabis businesses face today. This session covers…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana

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James Keller

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial Demographics

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public magnet…more

Admissions, Discrimination, Diversity, Educational Institutions, SCOTUS

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Charles Kelly

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, Health Insurance Portability and Accountability Act (HIPAA)

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Heather Kemp

ED Expands Oversight of Higher Education Service Providers

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for…more

Colleges, Dear Colleague Letter, Department of Education, Regulatory Oversight, Third-Party Service Provider

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Steven Kerbaugh

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of…more

Anti-Harassment Policies, Civil Rights Act, Employer Liability Issues, Employment Policies, Harassment

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Kayla Kienzle

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices…more

Algorithms, Artificial Intelligence, Automation Systems, Bias, Data Protection

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Amy Kline

The Friday Five: Five ERISA Litigation Highlights - September 2024

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Lisa Koblin

What Employers Need To Know About The New DOL Overtime Rule For Exempt Employees

On Tuesday, the U.S. Department of Labor (DOL) announced a Final Rule that drastically expands overtime protections to millions of workers across the country. This Rule, which raises the salary threshold for certain exemptions,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Matthew Kohel

Virginia Appeals Court Reverses $2 Billion Jury Award to Appian in Trade Secrets Misappropriation Case

Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade…more

Competition, Confidential Information, Damages, Intellectual Property Protection, Misappropriation

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Jesse Krohn

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial Demographics

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public magnet…more

Admissions, Discrimination, Diversity, Educational Institutions, SCOTUS

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Stanley Kull

Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Joseph Kuo

Supreme Court Grants Cert in Amgen v. Sanofi on Question of Enablement

On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to…more

Amgen, Certiorari, Patent Infringement, Patents, Pharmaceutical Industry

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Kathleen Lach

Employee Retention Credit Moratorium Update: ERC Withdrawal Process Announced

On October 19, 2023, the IRS announced a special withdrawal process to help those who filed an Employee Retention Credit (“ERC”) claim and are concerned about its accuracy. This follows the September 14 announcement of a…more

Employee Retention, IRS, Tax Credits, Tax Planning, Tax Returns

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Brian Landry

Intellectual property considerations for launching new cannabis products

In part 2 of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Brian Landry discuss emerging industry developments and common issues that cannabis businesses face today. This session covers…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Intellectual Property Protection

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Delene Lantz

The Friday Five: Five ERISA Litigation Highlights - June 2024

This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company…more

Compensation & Benefits, Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Tom Laser

CFPB v. Townstone Financial - 7th Circuit Expands Equal Credit Opportunity Act Claims to “Potential Applicants” in Redlining Victory for Consumer Financial Protection Bureau

On July 11, 2024, the U.S. Court of Appeals for the 7th Circuit held in Bureau of Consumer Financial Protection v. Townstone Financial, Inc., that the Equal Credit Opportunity Act (“ECOA”) prohibits discriminatory conduct,…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Discriminatory Lending Practices, ECOA, Financial Services Industry

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Richard Leigh

The “Main Street Lending Program” for Small and Mid-Size Businesses Launches

The Federal Reserve Board (“FRB”) announced on June 15, 2020 the launch of its Main Street Lending Program (the “Lending Program”) for small and mid-size businesses. Registration for lenders opened on June 15th and the FRB…more

Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs, Main Street New Loan Facility, Main Street Priority Loan Facility

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Alyson Leone

HHS OCR Issues Post-Dobbs Final Rule to Address Reproductive Health Care Privacy Protections

On April 22, 2024, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a final rule to support reproductive health care privacy (the “Reproductive Rule”). According to the HHS OCR…more

Compliance, Department of Health and Human Services (HHS), Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Barry Levin

Supreme Court: Compulsory Union Fees Violate Public Employees’ Free Speech Rights

On Wednesday, June 27, 2018, the U.S. Supreme Court ruled that public-sector employees who choose not to join the union that represents them cannot be forced to pay "agency fees" to cover the union's costs of representation. …more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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Kevin Levy

Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Leah Leyendecker

Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming

In this episode of “Lawyers With Game,” hosts Darius Gambino and Leah Leyendecker from Saul Ewing’s Video Gaming & Esports Practice chat with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and…more

Basketball, Collective Bargaining Agreements (CBA), Corporate Counsel, NBA, Sponsorship Agreements

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Joseph Lipchitz

Protecting Your Business From Recent Trend of Wiretap Lawsuits Targeting Companies With Consumer-Facing Websites

Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise - In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the…more

Data Collection, Privacy Policy, Web Tracking, Websites

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Andrea Lipuma

NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality…more

Contamination, Groundwater, NJDEP, Public Comment, Remediation

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Robert Louis

SECURE Act Changes Rules for Retirement Planning

Congress has passed, and the President has signed, a spending bill that includes the SECURE Act, which makes a number of changes in retirement planning rules…more

Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement, Retirement Plan

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George Magnatta

Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Howard Majev

Four Key Takeaways From the 11th Annual Saul Ewing Arnstein & Lehr Real Estate Conference

Innovation, creativity, economic outlooks and some transformative ideas for the future were the key themes discussed at Saul Ewing Arnstein & Lehr’s 11th Annual Real Estate Conference in Baltimore, which was attended by nearly…more

Commercial Real Estate Market, Innovation, Opportunity Zones, Popular, Real Estate Investments

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Steven Malitz

Top 20 Negotiation Tips: #8 and #9

In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips 8 and 9: “Get the other side to invest time” and “Select the negotiation…more

Buyers, Contract Negotiations, Sellers, Selling a Business

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William Manning

New Castle County Reassessment Process Moving Along

New Castle County has announced that the firm conducting its countywide reassessment is now out in the field and inspecting properties, including commercial, office, and other non-residential properties. The goal is to inspect…more

Delaware, Property Owners, Property Tax, Property Valuation, Reassessments

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Kelsey Marron

Supreme Court Narrows the Scope of the Computer Fraud and Abuse Act in Van Buren v. United States

On June 3, 2021, the Supreme Court drastically narrowed the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a federal statue prohibiting individuals from “exceeding authorized access” to computers and computer…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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David Martin

2018 Delaware General Corporate Law Amendments

On July 23, 2018, Delaware Governor John Carney signed into law the 2018 amendments to the General Corporation Law of the State of Delaware, the Delaware Limited Liability Company Act and the Delaware Revised Uniform Partnership…more

Amended Regulation, Blockchain, Bylaws, Distributed Ledger Technology (DLT), General Corporation Law

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John Marty

European Court of Justice Invalidates Privacy Shield and Holds Standard Data Protection Clauses to Be Valid (maybe!)

The Court of Justice of the European Union (ECJ) recently declared that the EU-U.S. Privacy Shield, used by thousands of businesses to transfer personal data between the EU and U.S., was invalid. [Case C-311/18, Data Protection…more

Data Protection, Data Transfers, EU, EU-US Privacy Shield, European Commission

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Jason McElroy

CFPB Takes Action Against Fay Servicing for Alleged Violations of Mortgage Servicing Laws and Prior Enforcement Orders

On August 21, 2024, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against Fay Servicing, a nonbank mortgage servicer, for alleged violations of federal mortgage servicing laws and non-compliance…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, Mortgage Lenders

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Christie McGuinness

CFPB’s Funding Mechanism Undergoes Constitutional Scrutiny at U.S. Supreme Court Argument

I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread…more

Constitutional Challenges, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding

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Thomas McGuire

Importance of Constructing a Business Succession Plan

According to statistics, only about 30 percent of family businesses survive to the second generation, and only about 10 to 15 percent survive to the third generation…more

Business Succession, Buy-Sell Agreements, Family Businesses, Succession Planning

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Robert A. McKenzie

Illinois Offering Amnesty on Delinquent Tax Debts

Illinois has enacted the Tax Delinquency Amnesty Act now in effect through November 15, 2019. This is an opportunity for taxpayers with delinquent Illinois taxes to pay the outstanding tax balances, and interest and penalties…more

Interest Payments, State Taxes, Tax Amnesty, Tax Debt, Tax Penalties

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Ian McLin

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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Nikhil Mehta

Digital Assets and the UCC: Article 12 Legislative Updates

New amendments to the Uniform Commercial Code (UCC) have been proposed which relate to transactions involving cryptocurrencies, digital assets, and blockchain technology. The amendments add a new Article 12 to the UCC, which is…more

Cryptocurrency, Digital Assets, FinCEN, Non-Fungible Tokens (NFTs), Uniform Commercial Code (UCC)

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John Meigs

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 Trusts (GRATs), Interest Rates, Intra-Family Loans, IRS

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Michael Metz-Topodas

Beating the Heat – OSHA’s Newly Introduced Proposed Heat Hazard Rule

Introduction - Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention…more

Employee Training, Employer Liability Issues, Employer Responsibilities, Health and Safety, Heat Exposure

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Sally Michael

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

See all updates »

Brian Michalek

New Tactic: Patent Jury Told COVID-19 Is Reason for Not Finding Liability

The cornonavirus (COVID-19) is also affecting the patent world—at least if you were a juror in Pacific Biosciences of California Inc. v. Oxford Nanopore Technologies Inc. in the District Court of Delaware this week…more

Coronavirus/COVID-19, Infectious Diseases, Intellectual Property Protection, Patents, Popular

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Mark Miller

Court Holds COVID-19 Is Not a “Transitory and Minor” Disability Exempted From ADA Protections

In a case of first impression, the federal court in Matias v. Terrapin House, Inc., denied an employer’s motion to dismiss an employee’s suit that alleged she was terminated in violation of the Americans with Disabilities Act…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disabilities, Families First Coronavirus Response Act (FFCRA)

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Mark Minuti

Three Key Takeaways From Our Restructuring Strategies in Light of COVID-19 Webinar

1. Revisit your credit agreement to refresh your understanding of financial covenant requirements that may be at issue or subject to potential default in light of resulting business interruption and challenges. If there are any…more

Business Interruption, Business Plans, Coronavirus/COVID-19, Credit Agreements, Lenders

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David Moffitt

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, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Health Care Providers, Medicare Part A

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Charles Monk

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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Anamika Roy Moore

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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Hal Morris

Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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James Morsch

Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on…more

Antitrust Violations, Compliance, Damages, Liability, National Association of Realtors

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Bridgitte Mott

Massachusetts Enacts “College Closure” Law, Increasing Financial Monitoring of Higher Education Institutions

On November 14, 2019, Massachusetts Governor Charlie Baker signed An Act to Support Improved Financial Stability in Higher Education into law, enhancing the authority of the Massachusetts Board of Higher Education (“Board”) to…more

Colleges, Educational Institutions, Universities

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Megan Moyer

Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester Counties

On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system…more

Hospitals, Non-Profit Hospitals, Property Tax, Tax Exemptions

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Luke Murley

Navigating Delaware Bankruptcy Court’s New Approach of Telephonic and Videoconference Hearings: Four Key Takeaways

The United States Bankruptcy Court for the District of Delaware (the “Court”) is making significant procedural changes resulting from the COVID-19 pandemic: All hearings with witness testimony will be via videoconference, with…more

Bankruptcy Court, Coronavirus/COVID-19, Videoconference

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Peter Murphy

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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Valerie O'Shea Murray Ph.D.

Best Practices for Drafting Invention Disclosure Forms

An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual…more

Disclosure, Innovation, Intellectual Property Protection, Inventions, Inventors

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Tom Murray Ph.D.

Best Practices for Drafting Invention Disclosure Forms

An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual…more

Disclosure, Innovation, Intellectual Property Protection, Inventions, Inventors

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Benjamin Nadell

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously…more

Commercial Property Owners, Compliance, Disclosure Requirements, FEMA, Flooding

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Kermit Nash

How Technology Has Transformed Today’s Agriculture Commodities Market

In this episode of "Don't Miss a Beet," host Kermit Nash, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark…more

Agricultural Sector, Commodities, USDA

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George Naya

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

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Mark Nehme

OSHA Revises Regulation to Permit Nonemployee Authorized Representatives on Site Inspections

On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety…more

Employee Representatives, Final Rules, OSHA, Safety Inspections, Third-Party

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Sarah Nichols

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

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Diane Nobile

5 Tax Planning Considerations Before Moving to the United States

1. PLAN AHEAD. The United States taxes its citizens and tax residents on their worldwide income. This includes those who are a permanent resident, a student, a temporary worker or even those who become an accidental tax resident…more

Income Taxes, Internal Revenue Code (IRC), Sanctions, Tax Planning

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Michelle Novick

A Little Known Secret of the CARES Act – Increased Ability for Companies to Seek Relief Under the Newly Enacted Small Business Reorganization Act

As a result of COVID-19, it is likely that there will be a tsunami of restructuring activity this year and for the near future. Typically, when a business was in financial distress, it would first try out-of-court workout…more

CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures

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Patrick Nugent

Name, Image, Likeness: A Recap and What We’re Watching

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain as…more

College Athletes, Compensation, Educational Institutions, Name and Likeness, NCAA

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Joseph O'Dea

Groundbreaking Sex Trafficking Lawsuits Serve As A Warning to Hotel Owners and Operators

Two women recently filed lawsuits against several owners and operators of hotels in Philadelphia, alleging that the hotels had failed to protect them against being victims of sex trafficking. Human trafficking is a widespread…more

Hospitality Industry, Hotels, Human Trafficking, Policies and Procedures, Sex Trafficking

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Sean O'Neill

Saul on ESG: Trends & Updates (October 2023)

This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes on…more

CFTC, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions

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Michael O'Reilly

New York City Enacts New COVID-19 Legislation Gutting Commercial Lease Guaranties

As executives and legislatures across the country continue to take varying approaches to soften the economic and public health toll that COVID-19 leaves in its wake, the New York City Council has met the novel COVID-19 virus…more

Commercial Leases, Coronavirus/COVID-19

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Jenni Oprosko

Minnesota Supreme Court Leaves the Law on Corporate Minority Beneficial Interest Buyout Rights Unsettled but Reaffirms Notice Pleading Standard

Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business…more

Beneficial Owner, Buy-Out Agreements, Majority Shareholders, Minority Shareholders, MN Supreme Court

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Eric Orlinsky

The NVCA Revises Its Model Documents to Address Holding in West Palm Beach Firefighters’ Pension Fund vs. Moelis

The National Venture Capital Association (“NVCA”) has recently (but without any fanfare) released substantively important revisions to its model legal documents, specifically, the Investor Rights Agreement, the Stock Purchase…more

Corporate Governance, Critical Infrastructure Sectors, Delaware General Corporation Law, Fiduciary Duty, Investors

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Dennis Ostrovsky Ph.D.

Amgen v. Sanofi Ruling: Supreme Court Upholds Existing Legal Framework for Patent Enablement

On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The…more

Amgen v Sanofi, Life Sciences, Patent Act, Patent Litigation, Patents

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Joe Ourth

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Kaitlin Paddy

EEOC Provides Guidance to Prevent Harassment in the Construction Industry

According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional…more

Anti-Discrimination Policies, Anti-Harassment Policies, Construction Industry, Employee Training, Employment Policies

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Joshua Pasker

Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Kruti Patel

NJDEP Releases Two Studies Discussing Precipitation Impacts Due to Climate Change, Providing a Scientific Basis for Proposed Regulations

Two studies confirming the increase of precipitation across New Jersey over the last 20 years due to climate change will provide a scientific basis for the continuing development of an initiative, known as Protecting Against…more

Climate Change, New Jersey, NOAA, Proposed Regulation

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Caroline Patterson

Pennsylvania Expands Use and Reimbursement of Telemedicine and Bans Noncompete Agreements for Certain Health Care Practitioners

In July 2024, Pennsylvania enacted two significant pieces of legislation relating to telemedicine and physician noncompetition agreements that will have a meaningful impact within the healthcare delivery system with the state…more

Federal Trade Commission (FTC), Health Care Providers, Health Insurance, Healthcare, Healthcare Workers

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Scott Patterson

2021 Health Care Predictions

One year ago – in early 2020 – most of us did not know what COVID-19 meant (co-Corona; vi-Virus; d-disease; 19 – 2019); had no idea how to “zoom”; did not know what social distance meant; and, were largely unfamiliar with…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Data Protection, Data Security, Department of Health and Human Services (HHS)

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Marshall Paul

Corporate Transparency Act (CTA) Update: Federal Judge Rules CTA Unconstitutional

The decision of the Federal District Court for the Northern District of Alabama in the case of National Small Business United v. Yellen, announced on Friday, March 1, 2024, has created uncertainty for both reporting companies…more

Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges, Corporate Transparency Act

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Carolyn Pellegrini

EEOC Issues Proposed Regulations Implementing the Pregnant Workers Fairness Act

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s…more

Americans with Disabilities Act (ADA), Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Francelina Perdomo Klukosky

X Marks The Spot

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions…more

Brand, Logos, Online Platforms, Trademark Registration, Trademarks

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Amy Piccola

College Esports and Title IX With Jeffrey Levine, Assistant Clinical Professor, Department of Sport Business and Program Lead – Esport Business BSBA, Drexel University

College esports programs are growing more and more each year. In this episode of “Lawyers With Game” hosts Darius Gambino and Amy Piccola from Saul Ewing’s Video Gaming and Esports Practice talk with Professor Jeffrey Levine…more

Equal Opportunities, eSports, Title IX, Universities, Video Games

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Kara Pike

Pennsylvania Enacts New Insurance Legislation That Significantly Expands the Permissible Fees Charged by Surplus Lines Licensees and the Permissible Exceptions to the Rebating & Inducement Prohibitions

Pennsylvania recently enacted two new insurance laws that significantly expand the permissible kinds of value-added products and services that may be provided by insurance licensees in general and the fees that may be charged by…more

Fees, Insurance Industry, Licensees, New Legislation, Pennsylvania

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Sunu Pillai

Changes To Buy American Policies

Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services…more

Biden Administration, Buy American Act, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR)

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Hilda Piloto

The Friday Five: Five ERISA Litigation Highlights - August 2024

This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD benefits,…more

Denial of Benefits, Disabilities, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Joel Plainfield

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

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Henry Platt

FTC Proposes Rule Banning Non-Compete Agreements Nationwide

On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a…more

Federal Trade Commission (FTC), Non-Compete Agreements, NPRM, Restrictive Covenants

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Igor Pleskov

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Eugene Pollingue

Proposed Tax Changes Shorten the Window for Using the Current Gift and Estate Tax Exemption Before it Drops

In 2018 the gift and estate tax exemption was doubled from $5 million to $10 million (per person). The exemption is adjusted for inflation every year. In 2021 the exemption as adjusted for inflation is $11.7 million. The…more

Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption, SLAT

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Erik Pramschufer

Managing Labor and Employment Complexities in Cannabis Businesses

In part 3 of our cannabis law series “Saul Sessions," Saul Ewing partners Ruth Rauls and Erik Pramschufer discuss emerging industry developments and common issues that cannabis businesses face today. This session covers labor…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Employment Policies, Marijuana

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Thomas Prevas

Open for Business: Maryland’s Brighter Tomorrow Act Paves the Way for More Solar Energy Investment in Maryland

On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many…more

Energy Sector, Energy Tax Incentives, Maryland, Renewable Energy, Solar Energy

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George Rahn, Jr.

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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Gregory Rapisarda

Open for Business: Maryland’s Brighter Tomorrow Act Paves the Way for More Solar Energy Investment in Maryland

On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many…more

Energy Sector, Energy Tax Incentives, Maryland, Renewable Energy, Solar Energy

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Ruth Rauls

Managing Labor and Employment Complexities in Cannabis Businesses

In part 3 of our cannabis law series “Saul Sessions," Saul Ewing partners Ruth Rauls and Erik Pramschufer discuss emerging industry developments and common issues that cannabis businesses face today. This session covers labor…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Employment Policies, Marijuana

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Stephen Ravin

How Restaurants Are Adapting to the Post-COVID World

In this episode of "Don't Miss a Beet," host Jonathan Havens, co-chair of Saul Ewing’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Stephen Ravin, a partner in the firm’s Bankruptcy and Restructuring Practice,…more

Beverage Manufacturers, Coronavirus/COVID-19, Food Manufacturers, Food Supply

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Donald Rea

U.S. Supreme Court Strikes OSHA's Vaccine Mandate

National Fed’n of Indep. Businesses v. Department of Labor, Occupational Safety and Health Admin., Nos. 21A244 and 21A247 (U.S. Jan. 13, 2022)(per curiam), In a per curiam opinion issued by Chief Justice Roberts, Justices…more

Coronavirus/COVID-19, Employer Mandates, OSHA, SCOTUS, Stays

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Alexander Reich

Illinois Amends IHRA to Protect Caregiver Status

On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family…more

Anti-Discrimination Policies, Caregivers, Compliance, Discrimination, Employee Rights

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Jay Reilly

What Is a “Beneficial Owner” Under the New Federal Corporate Transparency Act?

For all “reporting companies” created or registered on or after January 1, 2024, information concerning the “beneficial owners” of the reporting company must be reported to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

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Steven Reingold

Repeated Discovery Failures Can Lead to the Ultimate Sanction of a Default Judgment

It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more…more

Default Judgment, Discovery, Discovery Disputes, Sanctions

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Rebecca Reist

Beating the Heat – OSHA’s Newly Introduced Proposed Heat Hazard Rule

Introduction - Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention…more

Employee Training, Employer Liability Issues, Employer Responsibilities, Health and Safety, Heat Exposure

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Madeline Remish

Illinois Amends IHRA to Protect Caregiver Status

On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family…more

Anti-Discrimination Policies, Caregivers, Compliance, Discrimination, Employee Rights

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Joshua Richards

University Trademarks & Alumni Associations: How Far Is Too Far?

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been…more

Brand, College Athletes, Colleges, Compensation, Educational Institutions

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Francis X. Riley, III

CFPB v. Townstone Financial - 7th Circuit Expands Equal Credit Opportunity Act Claims to “Potential Applicants” in Redlining Victory for Consumer Financial Protection Bureau

On July 11, 2024, the U.S. Court of Appeals for the 7th Circuit held in Bureau of Consumer Financial Protection v. Townstone Financial, Inc., that the Equal Credit Opportunity Act (“ECOA”) prohibits discriminatory conduct,…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Discriminatory Lending Practices, ECOA, Financial Services Industry

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Jeffrey Robbins

Supreme Court Affirms Congressional Subpoena Power but Remands for Further Review

In yesterday’s decision in Trump v. Mazars, USA, the Supreme Court reaffirmed that Congress has the power to conduct investigations in support of its power to consider and enact legislation. However, it relied on historical…more

Appeals, Congressional Committees, Congressional Subpoenas, Donald Trump, Executive Branch

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Fran Roggenbaum

Pennsylvania Enacts New Insurance Legislation That Significantly Expands the Permissible Fees Charged by Surplus Lines Licensees and the Permissible Exceptions to the Rebating & Inducement Prohibitions

Pennsylvania recently enacted two new insurance laws that significantly expand the permissible kinds of value-added products and services that may be provided by insurance licensees in general and the fees that may be charged by…more

Fees, Insurance Industry, Licensees, New Legislation, Pennsylvania

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James Rohlfing

Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers

On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an…more

Construction Contracts, Construction Industry, Construction Project, Contractors, General Contractors

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John Ropiequet

CFPB's New Digital Marketing Rule

The CFPB is now ready to directly regulate the purveyors of digital consumer marketing. The CFPB new rule clarifies when digital marketers and financial products sellers are subject to consumer protection regulations. Digital…more

Advertising, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Internet Marketing

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Jordan Rosenfeld

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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Daniel Rowley

PA Commonwealth Court Says Pending Ordinance Doctrine Does Not Apply to Pending Land Development Plans

A Pennsylvania municipality cannot deny a landowner permission to build a warehouse because it advertised a new zoning map before a land development application was filed, the Pennsylvania Commonwealth Court ruled on October 27,…more

Land Developers, Real Estate Development, Urban Planning & Development

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Guzel Sadykova

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

Douglas Sampson

Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v…more

Confidential Information, Former Employee, Intellectual Property Protection, Maryland, Misappropriation

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Sondra Saporta

What New York Employers Need to Know About Pay Frequency Requirements for Hourly and Manual Workers

New York employers who pay their non-exempt, hourly employees on a bi-weekly or semi-monthly basis may need to think again based on recent court decisions interpreting the definition of “manual worker” under the New York Labor…more

Employee Definition, Employer Liability Issues, NYDOL, State Labor Laws, Wage and Hour

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David Sartorio

Digital Assets and the UCC: Article 12 Legislative Updates

New amendments to the Uniform Commercial Code (UCC) have been proposed which relate to transactions involving cryptocurrencies, digital assets, and blockchain technology. The amendments add a new Article 12 to the UCC, which is…more

Cryptocurrency, Digital Assets, FinCEN, Non-Fungible Tokens (NFTs), Uniform Commercial Code (UCC)

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Thomas Schaufelberger

State Business Interruption Coverage Bills Likely Contain Constitutional Infirmities

We have recently learned that a number of states were or are considering legislation to mandate that insurers who issued policies to small businesses in those states must accept and cover risks that were not within the scope of…more

Business Interruption, Contracts Clause, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

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Vanessa Schoenthaler

Public Companies Quarterly Update (Q2 2024)

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to…more

Beneficial Owner, Business Ownership, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

Courtney Schultz

Four Key Takeaways from Saul Ewing's 2024 Energy & Environmental Conference

Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require…more

Carbon Emissions, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Andrew Schwerin

Supreme Court Grants Cert in Amgen v. Sanofi on Question of Enablement

On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to…more

Amgen, Certiorari, Patent Infringement, Patents, Pharmaceutical Industry

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Levi Schy

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII…more

Educational Institutions, Gender Identity, Sex Discrimination, Sexual Harassment, Sexual Orientation Discrimination

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Pamela Scott

Delaware Moves Forward With Legislation to Reduce the Time Associated With Obtaining Approvals for Development Projects

After a significant amount of delay, House Bills 102 and 104, part of the package of bills referred to as "Ready in 6" were passed by the Delaware General Assembly and signed by the Governor. These bills make modifications to…more

Community Development, Construction Industry, Construction Project, Delaware, Economic Development

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David Shapiro

Supreme Court Overrules 40-Year-Old Chevron Deference, Restores Final Statutory Interpretative Power To Courts; Expect More Litigation Over Agency Action

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies

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Harry Shapiro

New Jersey Tax Amnesty Program Begins November 15, 2018

New Jersey’s tax amnesty program began November 15, 2018. The program runs through January 15, 2019, during which time eligible taxpayers can disclose and pay any outstanding taxes administered by the New Jersey Division of…more

State Taxes, Tax Amnesty, Tax Liability, Tax Penalties

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Ira Shepard

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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Brandon Sherman

CFPB Finds For-Profit Coding School Misrepresented Nature of Its Lending Products and Job Placement Rates

The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer…more

Civil Monetary Penalty, Colleges, Consent Order, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Silvia Shin

Pennsylvania Supreme Court Issues Decision in Ursinus College v. Prevailing Wage Appeals Board

On February 21, 2024, the Pennsylvania Supreme Court (the "PA Supreme Court") issued its decision in Ursinus College v. Prevailing Wage Appeals Board. The Pa Supreme Court unanimously affirmed the Pennsylvania Commonwealth…more

Bonds, Colleges, Construction Project, PA Supreme Court, Prevailing Wages

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Mark Simanowith

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 General, Investigations, Mortgages, Robo-Signing

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Mark Simpson

Federal Circuit Rehearing Denial in Forum Selection Ruling Is Good News for Patent Owners

The Federal Circuit recently denied a petition for rehearing and a petition for rehearing en banc of a precedential panel decision regarding forum selection clauses. Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.[FK1] ,…more

Forum Selection, Inter Partes Review (IPR) Proceeding, Patent Ownership, Patent Trial and Appeal Board, Patent Validity

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Jonathan Singer

Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v…more

Confidential Information, Former Employee, Intellectual Property Protection, Maryland, Misappropriation

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Athira Sivan

2024 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2024, Delaware Governor John Carney signed into law the 2024 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Legislation, Board of Directors, Business Entities, Corporate Dissolution, Corporate Governance

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Dan Skowronski

Open for Business: Maryland’s Brighter Tomorrow Act Paves the Way for More Solar Energy Investment in Maryland

On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many…more

Energy Sector, Energy Tax Incentives, Maryland, Renewable Energy, Solar Energy

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Kyra Smerkanich

Can the Government Rewrite My Policy? Legislative Attempts to Expand Business Interruption Insurance in Response to the COVID-19 Pandemic

As businesses are forced to close their doors, lay off staff, and make other difficult decisions, Congress and legislatures around the United States are seeking to come up with solutions…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Terms

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Matthew Smith

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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John Snyder

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, Environmental Protection Agency (EPA), Hawkes Co v United States Army Corps of Engineers, Jurisdictional Determination (JD)

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Jason St. John

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, Food and Drug Administration (FDA), Over-the-Counter Sales, Wireless Devices

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Wendie Stabler

2023 Amendments to the Delaware General Corporation Law and Alternative Entity Statutes

On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware…more

Amended Regulation, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act, Delaware Limited Partnership Act

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James Stevens

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking…more

Accessibility Rules, Condominium Associations, Condominiums, Disabilities, Illinois

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John Stoviak

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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Caitlin Strauss

The Friday Five: Five ERISA Litigation Highlights - September 2024

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility…more

Disability, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Austin Strine

HUD Secretary’s March 7, 2023 Memorandum Concerning “Junk Fees” and Tenant Screening Reports

On March 7, 2023 the U.S. Department of Housing and Urban Development (the “HUD”) Secretary, Marcia L. Fudge, issued a public memorandum (the “Memo”) expressing concern over a lack of transparency in fees charged to residential…more

Fair Housing Act (FHA), Fees, HUD, Screening Procedures, Tenants

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Frederick Strober

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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David Sugar

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking…more

Accessibility Rules, Condominium Associations, Condominiums, Disabilities, Illinois

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Sophia Sulzer

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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James Taylor, Jr.

Four Labor and Employment Issues Impacting Higher Education

Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized employers…more

Collective Bargaining, Colleges, Educational Institutions, NLRA, NLRB

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Anna Maria Tejada

New Jersey Enacts Two COVID-19 Laws Affecting the Workplace – Amendments to Family Leave And Suspension of Certain Provisions in NJ WARN

New Jersey continues to enact laws to address the COVID-19 pandemic. This time it amended both its Family Leave Act and its WARN Act. New Jersey amended its Family Leave Act to guarantee family leave rights and benefits to…more

Coronavirus/COVID-19, Employee Rights, Governor Murphy, Parental Leave, WARN Act

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Elizabeth Thompson

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking…more

Accessibility Rules, Condominium Associations, Condominiums, Disabilities, Illinois

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Carolyn Toll

OCR Resolution Agreement Underscores Obligations Regarding Institutional Support for Pregnant Students

On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy University…more

Colleges, Educational Institutions, OCR, Pregnancy, Reasonable Accommodation

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Jacob Tosti

Beating the Heat – OSHA’s Newly Introduced Proposed Heat Hazard Rule

Introduction - Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention…more

Employee Training, Employer Liability Issues, Employer Responsibilities, Health and Safety, Heat Exposure

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Teresa Tracy

What You Need To Know About California's PAGA Reform

On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new provisions…more

California, Employees, Employment Litigation, Labor Code, Labor Law Violations

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E. Jason Tremblay

The USDOL’s FLSA Salary Increase is Partially Enjoined

As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Joe Valenti

Considering Voluntary Self-Disclosure After the Federal Government’s Tri-Seal Compliance Note

A perennial debate exists in the white-collar space: do the benefits of self-disclosure outweigh the risks associated with providing the government with a road map to the company’s purported violation? Consistently, the…more

Compliance, Corporate Misconduct, Internal Investigations, Self-Disclosure Requirements, Voluntary Disclosure

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Erik VanderWeyden

Corporate Transparency Act: What Community Associations Must Know

The federal Corporate Transparency Act (“CTA”) requires that corporations submit a report to the Financial Crimes Enforcement Network (“FinCEN”) before January 1, 2025, with information on the persons who exercise substantial…more

Condominium Associations, Corporate Transparency Act, FinCEN, Homeowners Association (HOA), Illinois

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Patricia Varona Garcia

X Marks The Spot

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions…more

Brand, Logos, Online Platforms, Trademark Registration, Trademarks

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Yuan (Dora) Wang

Proposed Fee Increases for EB-5 and Potential Implications

The Department of Homeland Security (DHS) has put forth a Proposed Rule in January 2023 (“Proposed Rule”), suggesting fee increases and other modifications. Under this proposal, the U.S. Citizenship and Immigration Services…more

Department of Homeland Security (DHS), EB-5, Filing Fees, Immigration Procedures, OMB

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William Warren, Jr.

Pennsylvania Supreme Court Holds That Documents Exchanged by Consultants With Local and State Agencies Do Not Fall Within the Deliberative Process Privilege

The Pennsylvania Supreme Court’s April 29, 2021, decision in a Right-to-Know Law (the “RTKL”) case has broad ramifications in matters where a state or local governmental agency has contracted with a private consultant and seeks…more

Documentation, PA Supreme Court, Records Request, Right To Know, State Agencies

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Megan Warshawsky

The FTC Votes to Approve a Final Rule Banning Non-Compete Clauses

Non-Compete Clauses Banned By The FTC - In January 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking for a comprehensive ban on employee non-compete clauses. The FTC received over 26,000 comments…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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Gregory Waterworth

Open for Business: Maryland’s Brighter Tomorrow Act Paves the Way for More Solar Energy Investment in Maryland

On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many…more

Energy Sector, Energy Tax Incentives, Maryland, Renewable Energy, Solar Energy

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Erin Westbrook

The Friday Five: Five ERISA Litigation Highlights - April 2024

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in…more

Coronavirus/COVID-19, Denial of Benefits, Disabilities, Disability Benefits, Employee Benefits

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Katie Barrett Wiik

2024 Health Care Predictions

Happy 2024! The entire Saul Ewing Health Law Practice Group wishes you and yours a healthy and prosperous new year and successful (and compliant) activities in the health care delivery system this year and beyond…more

Ambulatory Surgery Centers, Artificial Intelligence, Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Controlled Substances Act

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Erik Williams

Four Off-Campus Housing Issues to Keep in Mind as Pennsylvania Institutions of Higher Education Plan to Reopen (Or Not) for the Fall Semester

Institutions of higher education have undergone vast changes over the last several months from closing down campuses with a few days’ notice to shifting coursework online and transitioning to function as a “Zoom University.”…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Landlords, Student Housing

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Elizabeth Witmer

Supreme Court Overrules 40-Year-Old Chevron Deference, Restores Final Statutory Interpretative Power To Courts; Expect More Litigation Over Agency Action

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies

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Franklin Zemel

Revised FinCEN Advisory Warns Financial Institutions to Report Suspected Illegal Ransomware Payments

The U.S. Federal Government through its Financial Crimes Enforcement Network (“FinCEN”) revised last year’s Advisory on the Use of the Financial System to Facilitate Ransom Payments. In short, the U.S. Government is underscoring…more

Cybersecurity, Due Diligence, Financial Institutions, FinCEN, Office of Foreign Assets Control (OFAC)

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