Alert
Published 11/09/2012
Services Commercial Litigation
Summary Pennsylvania becomes the 29th state to adopt the Uniform Interstate Depositions and Discovery Act, effective December 24, 2012. The growing number of states that have enacted the UIDDA reflects the trend in litigation of parties seeking discovery beyond the state in which their case is pending and efforts to make that process more efficient. On October 24, 2012, Pennsylvania Gov. Tom Corbett signed Act 183 of 2012, which amends the Pennsylvania Judicial Code by adopting the Uniform Interstate Depositions and Discovery Act (the "UIDDA"). When the UIDDA takes effect in Pennsylvania on...
Blog Post
Published 11/08/2012
Alert
Published 11/06/2012
Services Labor and Employment
Summary On October 31, 2012, the Division of Advice of the General Counsel's Office for the National Labor Relations Board ("NLRB") issued guidance regarding at-will employment disclaimers in employee handbooks. This guidance is good news for employers. It suggests that the Acting General Counsel is taking a more reasonable position regarding at-will disclaimers than what previously had been conveyed. Second and quite important, the guidance provides employers with a template to follow — and some level of certainty — as to what language the Acting General Counsel finds acceptable. This should...
Alert
Published 11/01/2012
On October 18, 2012, the PUC issued an opinion after reviewing an ordinance enacted by South Fayette Township relating to natural gas drilling, which found the Township in violation of Act 13. Due to the violations, the Township is presently in jeopardy of missing out on potentially lucrative Marcellus Shale impact fee distributions. Neighboring Washington County is expected to receive $4.4 million in fee distributions in 2012. Because of the PUC’s opinion, South Fayette Township is poised to receive nothing. In accordance with Section 3305 of Act 13, the PUC reviewed the South Fayette...
Alert
Published 11/01/2012
Services White Collar and Government Enforcement
With campaign season upon us and fundraising efforts by local and national campaigns in full swing, an order issued by the Securities and Exchange Commission (SEC) on September 27, 2012, instituting administrative and cease-and-desist proceedings (Order) against Goldman, Sachs & Co. (Goldman Sachs) for violations of the Municipal Securities Rulemaking Board’s (MSRB) pay-to-play rules, is a good reminder for brokers, dealers and municipal securities dealers of the issues and pitfalls associated with making political contributions. According to the Order, the SEC found that Goldman Sachs...
Alert
Published 11/01/2012
Services White Collar and Government Enforcement
At a recent conference on October 2, Susan Winkler, former Chief of the Health Care Fraud Unit for the District of Massachusetts, one of the most active offices for health care fraud in the country, stated that medical device firms will be the “new focus.” Prosecutors will investigate whether medical device manufacturers fairly and accurately report research results, or whether they instead suppress negative outcomes. Medical device companies should note this shift and review their protocols for reporting the results of studies. For more information or assistance with assessing how to report...
Alert
Published 11/01/2012
Services White Collar and Government Enforcement
For as long as criminals have organized their illicit activities, they have used “legitimate” business ventures and other entities as fronts to shield their illegal behavior from authorities. Indeed, banks, operating business entities, non-profit organizations and other third parties often play a role (sometimes unwittingly) in the flow or “laundering” of money from criminal syndicates, through these “legitimate” fronts, and back to the criminals, with the express purpose of avoiding the attention of governments and regulators. Recent investigations by state and federal law enforcement...
Alert
Published 11/01/2012
Services White Collar and Government Enforcement
Record-Setting Award On September 11, 2012, the IRS granted a $104 million whistleblower award to Bradley Birkenfeld, a former UBS AG banker who notified authorities of certain UBS AG activity that led to a substantial IRS recovery. This award was reportedly the largest whistleblower award ever made to an individual. Notably, Birkenfeld received a 40-month prison sentence for his involvement in the same scandal on which he blew the whistle. Birkenfeld’s hefty award has reportedly led to an influx of recent IRS whistleblower claims and raises significant issues regarding the extent to which...
Alert
Published 11/01/2012
Services Labor and Employment
Days of business closures and disruptions caused by Hurricane Sandy have left many employers wondering about the rules governing employee pay when the business must close due to inclement weather. With Sandy barely behind us and winter looming, it is time again to reconsider the wage and hour issues employers face when they close due to bad weather, or give employees the option of staying home. At the federal level, whether an employee must be paid in these circumstances depends largely on the employee’s status as exempt or non-exempt under the Fair Labor Standards Act (“FLSA”). Because the...
Alert
Published 10/31/2012
Industries Insurance
Alert
Published 10/31/2012
Services White Collar and Government Enforcement
Blog Post
Published 10/29/2012
Blog Post
Published 10/29/2012
Article
Published 10/26/2012
By Bruce D. Armon
Industries Health Care
Bruce D. Armon, Co-Chair of the Health Practice, wrote this article for PracticeLink.com. It offers advice to physicians -- particularly those who are just starting their careers in medicine -- on how to land a job offer and successfully negotiate a contract for employment. The story explains how hospitals and other health care employers screen potential employees, and it alerts doctors to questions they should ask once they are invited for an interview. Key elements of contracts are covered, including term and termination, salary and benefits, work schedule and post-employment restrictions...
Article
Published 10/26/2012
Blog Post
Published 10/25/2012
