Author Info for Saul Ewing LLP

Brenda Glaser Abrams

Federal District Court Issues Opinion Vacating HHS Rule Protecting Reproductive Health Information

On June 18, 2025, U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas (the “District Court”) vacated a 2024 final rule issued by the U.S. Department of Health and Human Services (“HHS”) under the Biden…more

Administrative Procedure Act, Biden Administration, Data Privacy, Department of Health and Human Services (HHS), Enforcement Actions

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Dan Altchek

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from…more

Back Pay, Damages, Employees, Employer Liability Issues, Employment Litigation

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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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Steven Appelbaum

Florida Non-Compete Law Scheduled for a Face-Lift

On April 24, 2025, the Florida House and Senate passed legislation introducing large-scale changes to Florida’s non-compete landscape. The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth…more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Florida

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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

Federal District Court Issues Opinion Vacating HHS Rule Protecting Reproductive Health Information

On June 18, 2025, U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas (the “District Court”) vacated a 2024 final rule issued by the U.S. Department of Health and Human Services (“HHS”) under the Biden…more

Administrative Procedure Act, Biden Administration, Data Privacy, Department of Health and Human Services (HHS), Enforcement Actions

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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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Justin Beyer

Sausage Race Heats Up: Hormel Foods Sues Sausage Competitor Johnsonville Claiming Trade Secrets Misappropriation

Just in time for grilling season in the Midwest, Hormel Foods Corporation (“Hormel”) filed a federal lawsuit in the District of Minnesota against its competitor, Johnsonville, LLC (“Johnsonville”), and two former Hormel…more

Choice-of-Law, Confidential Information, Discovery, Employment Contract, Employment Litigation

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Bunyad Bhatti

Federal District Court Issues Opinion Vacating HHS Rule Protecting Reproductive Health Information

On June 18, 2025, U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas (the “District Court”) vacated a 2024 final rule issued by the U.S. Department of Health and Human Services (“HHS”) under the Biden…more

Administrative Procedure Act, Biden Administration, Data Privacy, Department of Health and Human Services (HHS), Enforcement Actions

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Alexander Bilus

Massachusetts Supreme Judicial Court Rejects Use of Wiretap Statute in Data Privacy Class Action Lawsuits

Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer…more

Class Action, Confidential Information, Data Privacy, Personally Identifiable Information, PHI

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Andrew Bockis

The Three Things You Should Know About the Council on Environmental Quality’s Removal of its National Environmental Policy Act Implementing Regulations

On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)…more

CEQ, Environmental Litigation, Environmental Policies, Executive Orders, Final Rules

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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

Impact of Steel Tariffs on the Construction Industry

The 2025 steel and aluminum tariffs are already reshaping cost structures in the construction sector, adding financial pressures to an industry that had hoped for more stability this year. On March 4, 2025, the U.S. imposed a…more

Aluminum Sales, Canada, China, Construction Industry, Imports

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Maxwell Bremer

Minnesota Cannabis Licensing Opportunities in 2025

Marking a significant step forward in launching Minnesota’s adult-use cannabis market, the state’s Office of Cannabis Management (OCM) began accepting applications for cannabis business licenses on February 18, 2025. The…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana

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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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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 - April 2025

The April Friday Five covers cases determining futility of exhausting administrative remedies, the nuances of the pre-existing condition exclusion, ERISA preemption, and genuine issue of material fact over an employee’s…more

Administrative Remedies, Disability, Disability Benefits, Employee Benefits, ERISA Litigation

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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

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

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Ashley Campbell

Sausage Race Heats Up: Hormel Foods Sues Sausage Competitor Johnsonville Claiming Trade Secrets Misappropriation

Just in time for grilling season in the Midwest, Hormel Foods Corporation (“Hormel”) filed a federal lawsuit in the District of Minnesota against its competitor, Johnsonville, LLC (“Johnsonville”), and two former Hormel…more

Choice-of-Law, Confidential Information, Discovery, Employment Contract, Employment Litigation

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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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Rick Carroll

Landmark Amendments to the Delaware General Corporation Law

On March 26, 2025, Delaware Governor Matt Meyer signed into law a significant piece of corporate legislation amending the Delaware General Corporation Law (“DGCL”). While subject to significant controversy among various…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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Aloke Chakravarty

DOJ's New Direction: Implications of the Trump Administration's Recently Announced Corporate Enforcement Framework

A Significant Shift in White Collar Criminal Enforcement - The Department of Justice (“DOJ”) has unveiled a comprehensive plan for its white-collar crime enforcement strategy, laying out the “high-impact” areas where enforcement…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Digital Assets, Enforcement Actions

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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

Trump on Transparency: Making America Healthy Again Through Executive Order 14221; How Plan Sponsors Can Respond

One mandate under the PPACA required health care providers, non-grandfathered health insurance issuers and self-insured group health plans to provide consumers with access to information about the cost of services before they…more

Affordable Care Act, Benefit Plan Sponsors, Compliance, Department of Health and Human Services (HHS), Employee Benefits

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Christine Ciarlo

AIA Releases Updated Design-Build Forms

Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive design-build…more

Construction Contracts, Construction Disputes, Construction Litigation, Construction Project, Contract Disputes

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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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Margaret Clark

Supreme Court Mandates Substantial Deference to Agency Decisions Under NEPA in Seven County Infrastructure Coalition v. Eagle County

Overview - On May 29, 2025, the Supreme Court issued a significant decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. __ (2025), clarifying the scope of judicial deference to agencies’ procedural…more

Administrative Procedure Act, Chevron Deference, Energy Projects, Environmental Impact Statements, Infrastructure

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Melissa Clarke

NJDEP Proposes Amendments to Site Remediation Regulations and Rules That, if Adopted, Will Have Significant Implications for Environmental Due Diligence & Reporting Obligations

In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation…more

Commercial Real Estate Market, Contamination, Environmental Policies, Hazardous Substances, New Jersey

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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

What If I Object to an Account Change That Now Does Not Reflect My Parent’s Intentions?

Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the…more

Beneficiaries, Estate Planning, Evidence, Trusts, Undue Influence Claims

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Carville Collins

Resource Adequacy Challenges in Maryland - Major Legislative Advances in Energy Storage Policy Are Intended To Be Part of the Solution

In 2025, the General Assembly of Maryland made its boldest move ever to advance energy storage, as part of a legislative package responding to the resource adequacy challenges that are now emerging for the Free State…more

Clean Energy, Energy Policy, Energy Storage, Maryland, New Legislation

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Y. Lisa Colon

Impact of Steel Tariffs on the Construction Industry

The 2025 steel and aluminum tariffs are already reshaping cost structures in the construction sector, adding financial pressures to an industry that had hoped for more stability this year. On March 4, 2025, the U.S. imposed a…more

Aluminum Sales, Canada, China, Construction Industry, Imports

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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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Sean Cooley

PLAs’ Long Strange Trip Under the Biden and Trump Administrations and What It Means for Contractors Today

Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on…more

Biden Administration, Construction Contracts, Construction Industry, Employment Litigation, Executive Orders

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Harriet Cooperman

New Executive Order Limits EEOC Enforcement

On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)…more

ADEA, Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disparate Impact, Employment Discrimination

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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

What Intellectual Property Owners Need to Know Today About Obviousness-Type Double Patenting

What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that…more

Intellectual Property Protection, IP Litigation, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Invalidity

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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

The JustPod: Volunteering for the Death Penalty: Our Discussion with Award-Winning Journalist Gianna Toboni and Her Debut Book About Scott Dozie

The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Award-Winning Journalist Gianna Toboni about her debut…more

Books & Records, Criminal Convictions, Criminal Defense, Criminal Justice Reform, Criminal Procedure

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Angela de Cespedes

The Journey From Athlete To Executive

In this episode of “Lawyers With Game,” hosts Darius Gambino and Angela de Cespedes from Saul Ewing’s Video Gaming & Esports Practice speak with Geoffrey Frid, Principal of The Frid Group. Geoff ties together his athletic…more

Artists, Athletes, Celebrities, College Athletes, Entertainment Industry

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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

Pennsylvania Judge Rejects Loan Provider’s Effort to Enforce Arbitration and Class Action Waiver Clauses Found in Smartphone App

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh…more

Arbitration Agreements, Class Action, Consumer Financial Products, Consumer Protection Laws, Contract Terms

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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

The Three Things You Should Know About the Council on Environmental Quality’s Removal of its National Environmental Policy Act Implementing Regulations

On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)…more

CEQ, Environmental Litigation, Environmental Policies, Executive Orders, Final Rules

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Kate Dosmanova

Navigating the DHS Registration Requirement for Foreign Nationals

On March 12, 2025, the U.S. Department of Homeland Security (“DHS”) issued an Interim Final Rule (“IFR”) implementing a new registration requirement (“Registration Requirement”) for certain foreign nationals to be filed with the…more

Department of Homeland Security (DHS), Exemptions, Filing Requirements, Foreign Nationals, Immigrants

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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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Samuel Draper

Is a Revocable Trust Right for You?

When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern. For…more

Estate Planning, Family Trusts, Irrevocable Trusts, Revocable Trusts, Trustees

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Brian Drockton

FTC Finalizes Significant Amendments to Hart-Scott-Rodino Premerger Filing Requirements

Overview - On October 10, 2024, the Federal Trade Commission (“FTC”) released the final version of material changes to the submissions required under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”)…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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Tricia Duffy

The Friday Five: Five ERISA Litigation Highlights - March 2025

This month’s Friday Five addresses cases covering ERISA preemption, the viability of a claim for benefits where the claimant alleges to have not received notice of a prior claim denial, an affirmance by the Circuit Court of a…more

Benefit Plan Sponsors, Denial of Benefits, Disability, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Rob Duston

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

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Gary Eidelman

Federal Court Enjoins Significant Portions of Trump Administration Executive Orders Banning DEI

On Friday, February 21, 2025, the United States Court for the District of Maryland temporarily enjoined portions of two recent executive orders issued by the Trump Administration targeting DEI-related initiatives and programs…more

Appeals, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders, Fifth Amendment

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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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William Eveland

President Trump’s Executive Order on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – Overview, Open Issues, and Implications for Higher Education

OVERVIEW AND INTRODUCTION - On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Department of Education

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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

Gold Card Program

Speaking from the Oval Office this afternoon, President Trump proposed replacing the EB-5 Program with a new program that would offer “gold cards” for $5 million to wealthy foreign nationals seeking residency, and subsequently…more

EB-5, Foreign Investment, Foreign Nationals, Green Cards, Immigration Procedures

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Michael Finio

Federal Trade Commission and U.S. Department of Justice Issue New “Antitrust Guidelines for Business Activities Affecting Workers”

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) recently issued updated guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. The new…more

Antitrust Violations, Competition, Department of Justice (DOJ), Employees, Employment Contract

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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

New Castle County Council Introduces Ordinance to Extend Deadline to File a Property Tax Assessment Appeal

Appeal deadline is currently March 14. Council has introduced an ordinance to extend deadline to March 31, 2025. The ordinance will not be considered until March 13…more

Appeals, Filing Deadlines, New Legislation, Property Owners, Property Tax

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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

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

See all updates »

Ryan Gallagher

Consumer Financial Protection Bureau Pursues Action to Stop Kickback to Brokerages for Steering Consumers to Rocket Mortgage

The Consumer Financial Protection Bureau (“CFPB”) filed an action on December 23, 2024, against Rocket Home Real Estate LLC (“Rocket Homes”), a real estate brokerage and affiliates (“Defendant Brokerage”) and an individual owner…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions, Financial Regulatory Reform

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Darius Gambino

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit…more

Counterfeiting, Intellectual Property Litigation, Intellectual Property Protection, Merchandising Rights, Trademark Infringement

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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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Krystina Garda

Minneapolis Expands Anti-discrimination Ordinance

The City of Minneapolis will soon be one of the few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. On May 5, 2025, Minneapolis Mayor Jacob Frey approved amendments to the…more

Anti-Discrimination Policies, Disability Discrimination, Employee Rights, Employer Responsibilities, Employment Discrimination

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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

Landmark Amendments to the Delaware General Corporation Law

On March 26, 2025, Delaware Governor Matt Meyer signed into law a significant piece of corporate legislation amending the Delaware General Corporation Law (“DGCL”). While subject to significant controversy among various…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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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

Fifth Circuit Reverses Its Own Order, Lifting the Stay of Enforcement of the CTA

The CTA madness continues. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (the "Fifth Circuit"), in the case of Texas Top Cop Shop v. Garland ("Texas Top Cop Shop"), stayed the enforcement of an…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Cynthia Gomez

Navigating the DHS Registration Requirement for Foreign Nationals

On March 12, 2025, the U.S. Department of Homeland Security (“DHS”) issued an Interim Final Rule (“IFR”) implementing a new registration requirement (“Registration Requirement”) for certain foreign nationals to be filed with the…more

Department of Homeland Security (DHS), Exemptions, Filing Requirements, Foreign Nationals, Immigrants

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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

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage Electricity Storage in New Jersey

OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing public…more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Government Agencies

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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

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay…more

Americans with Disabilities Act (ADA), Appeals, Corporate Counsel, Disability Discrimination, Employee Rights

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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

Trump on Transparency: Making America Healthy Again Through Executive Order 14221; How Plan Sponsors Can Respond

One mandate under the PPACA required health care providers, non-grandfathered health insurance issuers and self-insured group health plans to provide consumers with access to information about the cost of services before they…more

Affordable Care Act, Benefit Plan Sponsors, Compliance, Department of Health and Human Services (HHS), Employee Benefits

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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

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Matthew Haar

The Friday Five: Five ERISA Litigation Highlights - May 2025

This month’s Friday Five explores decisions from around the country discussing the concept of reasonableness in various forms. One court rejected the parties’ proffered definitions of the term “working” and instead determined…more

Class Action, Disability, Disability Benefits, Employee Benefits, ERISA Litigation

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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

Minnesota Cannabis Licensing Opportunities in 2025

Marking a significant step forward in launching Minnesota’s adult-use cannabis market, the state’s Office of Cannabis Management (OCM) began accepting applications for cannabis business licenses on February 18, 2025. The…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, 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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Mary Hutchings

The Foreign Agents Registration Act: 2024 Year in Review and Outlook for 2025

Executive Summary - We entered 2025 with the world in turmoil, a new American administration in the White House, and various global actors—friends and foes alike—still actively vying for the attention of the American public. …more

Biden Administration, China, Colleges, Criminal Prosecution, Deferred Prosecution Agreements

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Timothy Intelisano

Stop Campus Hazing Act Signed Into Law

President Biden has signed the Stop Campus Hazing Act (the “Act”) into law. The Act, the first federal anti-hazing law, is the result of a bi-partisan effort and comes after several years of patchwork efforts to address hazing…more

Bullying, Colleges, Compliance, Educational Institutions, Hazing

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Adam Isenberg

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

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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 - February 2025

This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive…more

Compensation & Benefits, Denial of Benefits, Disability, 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

Gold Card Program

Speaking from the Oval Office this afternoon, President Trump proposed replacing the EB-5 Program with a new program that would offer “gold cards” for $5 million to wealthy foreign nationals seeking residency, and subsequently…more

EB-5, Foreign Investment, Foreign Nationals, Green Cards, Immigration Procedures

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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

Harvard University Sues Trump Administration Over Federal Funding Freeze

Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list of…more

Civil Rights Act, Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I), Educational Institutions

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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

DOJ's New Direction: Implications of the Trump Administration's Recently Announced Corporate Enforcement Framework

A Significant Shift in White Collar Criminal Enforcement - The Department of Justice (“DOJ”) has unveiled a comprehensive plan for its white-collar crime enforcement strategy, laying out the “high-impact” areas where enforcement…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Digital Assets, Enforcement Actions

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Steven Kerbaugh

The Equal Employment Opportunity Commission Issues New Guidance on When It Considers Diversity Equity and Inclusion Initiatives to Violate the Law

Recent EEOC actions and guidance provide additional context regarding the Trump Administration Executive Orders targeting Diversity, Equity and Inclusion (“DEI”) and Diversity, Equity, Inclusion and Accessibility (“DEIA”)…more

Compliance, Diversity and Inclusion Standards (D&I), Employee Training, Employer Responsibilities, Employment Discrimination

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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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Chris Klein

Early Prosecutions Offer Glimpse Into Trump Administration’s National Security Enforcement Focus

The recent announcements in three U.S. Department of Justice (“DOJ”) national security prosecutions offer an early glimpse into some of the Trump Justice Department’s enforcement priorities. Indeed, these actions are consistent…more

China, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Espionage

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Amy Kline

The Friday Five: Five ERISA Litigation Highlights - June 2025

This month’s Friday Five examines recent court rulings on both short- and long-term disability benefits, focusing on key interpretations—including how "earnings" are defined under an employer’s plan…more

Disability Benefits, Employee Benefits, ERISA Litigation, Insurance Litigation, Long Term Disability Insurance

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Lisa Koblin

Federal Court Enjoins Significant Portions of Trump Administration Executive Orders Banning DEI

On Friday, February 21, 2025, the United States Court for the District of Maryland temporarily enjoined portions of two recent executive orders issued by the Trump Administration targeting DEI-related initiatives and programs…more

Appeals, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders, Fifth Amendment

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Zachary Kobrin

Minnesota Cannabis Licensing Opportunities in 2025

Marking a significant step forward in launching Minnesota’s adult-use cannabis market, the state’s Office of Cannabis Management (OCM) began accepting applications for cannabis business licenses on February 18, 2025. The…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana

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Matthew Kohel

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

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Jesse Krohn

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and Implications for Higher Education

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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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 2025

This month’s Friday Five examines recent court rulings on both short- and long-term disability benefits, focusing on key interpretations—including how "earnings" are defined under an employer’s plan…more

Disability Benefits, Employee Benefits, ERISA Litigation, Insurance Litigation, Long Term Disability Insurance

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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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Jessica Lenoir, Ph.D.

USPTO Accelerates the Issuance of Patents: What Intellectual Property Owners Need to Know

On April 15, 2025, the United States Patent and Trademark Office (“USPTO”) informed the public that, effective May 13, 2025, the USPTO will be accelerating the process for issuing patents. Currently, the time between Issue…more

Fees, Filing Fees, Inventions, New Guidance, Patent Applications

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Alyson Leone

Corporate Transparency Act and FinCEN New Compliance Deadlines

Medical practices, dental practices and other health care entities must again comply with the federal Corporate Transparency Act (“CTA”). The deadline for compliance is March 21, 2025…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Governance

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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

Philadelphia Increases Realty Transfer Tax Rate to 3.578% Starting July 1, 2025

Effective July 1, 2025, the realty transfer tax rate for properties or acquired real estate companies sold in the City and County of Philadelphia will increase to 3.578%, in addition to the Commonwealth of Pennsylvania realty…more

Affordable Housing, Commercial Real Estate Market, Housing Market, Mortgages, New Legislation

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Joseph Lipchitz

Massachusetts Supreme Judicial Court Rejects Use of Wiretap Statute in Data Privacy Class Action Lawsuits

Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer…more

Class Action, Confidential Information, Data Privacy, Personally Identifiable Information, PHI

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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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David Manjorin

Landmark Amendments to the Delaware General Corporation Law

On March 26, 2025, Delaware Governor Matt Meyer signed into law a significant piece of corporate legislation amending the Delaware General Corporation Law (“DGCL”). While subject to significant controversy among various…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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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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Megan Manoj

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss…more

Construction Contracts, Construction Industry, Contract Disputes, DBE Program, False Claims Act (FCA)

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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

DOJ's New Direction: Implications of the Trump Administration's Recently Announced Corporate Enforcement Framework

A Significant Shift in White Collar Criminal Enforcement - The Department of Justice (“DOJ”) has unveiled a comprehensive plan for its white-collar crime enforcement strategy, laying out the “high-impact” areas where enforcement…more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Digital Assets, Enforcement Actions

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Jason McElroy

DOJ Announces New Initiative to Use False Claims Act to Enforce Administration’s Civil Rights Agenda, Targeting Recipients of Federal Funds

On May 19, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum and accompanying press release announcing its “Civil Rights Fraud Initiative,” designed to vigorously enforce the federal False Claims Act (“FCA”)…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions, Executive Orders, False Claims Act (FCA)

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Christie McGuinness

U.S. Supreme Court Hears Oral Argument in False Claims Act Case

The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the Federal…more

E-Rates, False Claims Act (FCA), FCC, Federal Funding, Reimbursements

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Thomas McGuire

Tips for Trustees: Avoiding Breach of Fiduciary Duty Claims

For many clients, the inclusion of revocable and/or irrevocable trusts as part of their overall estate plan is an important feature. Revocable trusts can allow for probate avoidance and estate tax planning, whereas irrevocable…more

Beneficiaries, Breach of Duty, Estate Planning, Estate Tax, Fiduciary Duty

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Adrienne McKay

The Incomparable IDGT: The Gift That Keeps on Giving

When creating trusts for estate-reduction purposes, nothing compares to the Intentionally Defective Grantor Trust. This type of trust is referred to by the acronym “IDGT.” Called by some as an I-D-G-T and others a word that…more

Capital Gains, Capital Gains Tax, Estate Planning, Estate Tax, Gift Tax

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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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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

PLAs’ Long Strange Trip Under the Biden and Trump Administrations and What It Means for Contractors Today

Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on…more

Biden Administration, Construction Contracts, Construction Industry, Employment Litigation, Executive Orders

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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

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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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Daniel Moore

U.S. Supreme Court Hears Oral Argument in False Claims Act Case

The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the Federal…more

E-Rates, False Claims Act (FCA), FCC, Federal Funding, Reimbursements

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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

U.S. Treasury Announces It Will Not Enforce the Corporate Transparency Act Against U.S. Companies and Citizens

On March 1, 2025, the U.S. Department of the Treasury announced that it will not enforce the Corporate Transparency Act (CTA) against U.S. citizens or domestic reporting companies or their beneficial owners. Treasury also…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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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

EEO-1 Data Collection Back and Due June 24, 2025

What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal Employment…more

Affirmative Action, Discrimination, EEO-1, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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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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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.

What Intellectual Property Owners Need to Know Today About Obviousness-Type Double Patenting

What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that…more

Intellectual Property Protection, IP Litigation, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Invalidity

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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

More States Narrow the Use of Restrictive Covenants: Updates from Virginia, Arkansas, and Wyoming

Continuing a nationwide trend, three states recently enacted new legislation further restricting the enforceability of non-compete provisions in employment agreements. Starting in July, these new regulations are set to take…more

Employees, Employment Contract, Exempt-Employees, New Legislation, Non-Compete Agreements

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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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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

Fifth Circuit Reverses Its Own Order, Lifting the Stay of Enforcement of the CTA

The CTA madness continues. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (the "Fifth Circuit"), in the case of Texas Top Cop Shop v. Garland ("Texas Top Cop Shop"), stayed the enforcement of an…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Carolyn Pellegrini

Supreme Court Removes Extra Hurdle for Reverse Discrimination Claims

On June 5th, the U.S. Supreme Court issued a decision making it easier for employees to prove claims of so-called “reverse” discrimination (i.e., suits brought by a member of a majority group alleging to have been treated…more

Anti-Discrimination Policies, Appeals, Employee Rights, Employment Discrimination, Employment Litigation

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Francelina Perdomo Klukosky

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical…more

Advertising, Brand, Counterfeiting, Disclosure Requirements, Enforcement Actions

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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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Alicia Pitts

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss…more

Construction Contracts, Construction Industry, Contract Disputes, DBE Program, False Claims Act (FCA)

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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

Federal Court Enjoins Significant Portions of Trump Administration Executive Orders Banning DEI

On Friday, February 21, 2025, the United States Court for the District of Maryland temporarily enjoined portions of two recent executive orders issued by the Trump Administration targeting DEI-related initiatives and programs…more

Appeals, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Executive Orders, Fifth Amendment

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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

The Florida Homestead Exemption

Most Florida residents are aware that Florida has a homestead exemption law, but there is more to it than one might think. There are actually three different sets of laws in Florida that deal with the homestead. One of those…more

Appraisal, Florida, Homestead Exemption, Property Owners, Property Tax

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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

Federal Court Ends Net Neutrality for Broadband Providers

The Federal Communications Commission (“FCC”) lacks the authority to impose rules on broadband internet and mobile broadband providers, according to a recent ruling from the United States Court of Appeals for the Sixth Circuit…more

Broadband, Chevron Deference, FCC, Judicial Authority, Loper Bright Enterprises v Raimondo

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Ruth Rauls

EEO-1 Data Collection Back and Due June 24, 2025

What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal Employment…more

Affirmative Action, Discrimination, EEO-1, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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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

Minneapolis Expands Anti-discrimination Ordinance

The City of Minneapolis will soon be one of the few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. On May 5, 2025, Minneapolis Mayor Jacob Frey approved amendments to the…more

Anti-Discrimination Policies, Disability Discrimination, Employee Rights, Employer Responsibilities, Employment Discrimination

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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

Gold Card Program

Speaking from the Oval Office this afternoon, President Trump proposed replacing the EB-5 Program with a new program that would offer “gold cards” for $5 million to wealthy foreign nationals seeking residency, and subsequently…more

EB-5, Foreign Investment, Foreign Nationals, Green Cards, Immigration Procedures

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Joshua Richards

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and Implications for Higher Education

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)…more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Francis Riley III

Consumer Financial Protection Bureau Pursues Action to Stop Kickback to Brokerages for Steering Consumers to Rocket Mortgage

The Consumer Financial Protection Bureau (“CFPB”) filed an action on December 23, 2024, against Rocket Home Real Estate LLC (“Rocket Homes”), a real estate brokerage and affiliates (“Defendant Brokerage”) and an individual owner…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions, Financial Regulatory Reform

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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

FTC Finalizes Significant Amendments to Hart-Scott-Rodino Premerger Filing Requirements

Overview - On October 10, 2024, the Federal Trade Commission (“FTC”) released the final version of material changes to the submissions required under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”)…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act

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Douglas Sampson

Harvard University Sues Trump Administration Over Federal Funding Freeze

Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list of…more

Civil Rights Act, Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I), Educational Institutions

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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

New Castle County Council Introduces Ordinance to Extend Deadline to File a Property Tax Assessment Appeal

Appeal deadline is currently March 14. Council has introduced an ordinance to extend deadline to March 31, 2025. The ordinance will not be considered until March 13…more

Appeals, Filing Deadlines, New Legislation, Property Owners, Property Tax

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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

As Changes in Washington Loom, Administrative Law Takes on New Significance

Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration..…more

Biden Administration, Congressional Review Act, Department of Education, Education Reform, Educational Institutions

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Domingos Silva

USPTO Accelerates the Issuance of Patents: What Intellectual Property Owners Need to Know

On April 15, 2025, the United States Patent and Trademark Office (“USPTO”) informed the public that, effective May 13, 2025, the USPTO will be accelerating the process for issuing patents. Currently, the time between Issue…more

Fees, Filing Fees, Inventions, New Guidance, Patent Applications

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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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Dan Skowronski

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage Electricity Storage in New Jersey

OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing public…more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Government Agencies

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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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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 - June 2025

This month’s Friday Five examines recent court rulings on both short- and long-term disability benefits, focusing on key interpretations—including how "earnings" are defined under an employer’s plan…more

Disability Benefits, Employee Benefits, ERISA Litigation, Insurance Litigation, Long Term Disability Insurance

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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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Sophia Sulzer

Correcting Liquidity, Valuation, or Transfer Problems With OTC-Traded Stocks in Retirement Plans to Minimize Enforcement and Litigation Risk

Over 8,000 stocks trade on American stock exchanges, but billions of dollars in daily trades in these listed stocks and 12,000 more unlisted (non-exchange-traded) stocks occur outside of an exchange in Over-The-Counter (“OTC”)…more

Compensation & Benefits, Department of Justice (DOJ), Department of Labor (DOL), EBSA, Employee Benefits

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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

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a…more

Divorce, Employee Rights, Employment Discrimination, Employment Litigation, Marital Status Discrimination

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Teresa Tracy

New 2025 California Employment Laws: Part I

Welcome to our blog series about new California employment laws affecting a wide range of businesses and employers. California already presents one of the most difficult legal landscapes for employers, and with several new laws…more

California, Employee Benefits, Employee Rights, Employment Contract, Freelance Workers

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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

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss…more

Construction Contracts, Construction Industry, Contract Disputes, DBE Program, False Claims Act (FCA)

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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

President Trump’s Executive Order on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – Overview, Open Issues, and Implications for Higher Education

OVERVIEW AND INTRODUCTION - On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Department of Education

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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

2025 Health Care Predictions

Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared with…more

Artificial Intelligence, Compliance, Cybersecurity, Data Privacy, Data Security

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Brian Willett

Pennsylvania Judge Rejects Loan Provider’s Effort to Enforce Arbitration and Class Action Waiver Clauses Found in Smartphone App

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh…more

Arbitration Agreements, Class Action, Consumer Financial Products, Consumer Protection Laws, Contract Terms

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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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Mai Tong Yang

Minnesota Cannabis Licensing Opportunities in 2025

Marking a significant step forward in launching Minnesota’s adult-use cannabis market, the state’s Office of Cannabis Management (OCM) began accepting applications for cannabis business licenses on February 18, 2025. The…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licensing Rules, Marijuana

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Steven Ziven

Fifth Circuit Reverses Its Own Order, Lifting the Stay of Enforcement of the CTA

The CTA madness continues. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (the "Fifth Circuit"), in the case of Texas Top Cop Shop v. Garland ("Texas Top Cop Shop"), stayed the enforcement of an…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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