Blog Post
Published 12/07/2018
Alert
Published 12/04/2018
Services Cybersecurity and Privacy | Cybersecurity and Privacy in the Higher Education Industry
In a unanimous ruling that is sure to become a landmark in state litigation over data breaches, the Pennsylvania Supreme Court on November 21 held that “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.” In doing so, the Court overruled two lower courts that had reached the opposite conclusion. The Court explained that this duty arises from long-established common law principles and also held that neither Pennsylvania’s economic loss doctrine nor the criminal...
Alert
Published 12/03/2018
Industries Real Estate
Many new technologies are poised to disrupt how cities are planned, how buildings are constructed, what materials are used for construction and how companies operate within their buildings. Of the many innovations that currently exist and will be adopted into real estate projects, an understanding of these five areas is vital for real estate industry participants: Autonomous, Connected, Electric, Shared Vehicles. Vehicles that are advanced through the use of either autonomous, connected, electric or shared (ACES) technologies have a wide range of uses and applications. The level of ACES...
Alert
Published 12/03/2018
By Jonathan A. Havens, Ruth A. Rauls
Industries Cannabis Law
On November 26, 2018, the New Jersey legislature advanced three cannabis-related bills out of committee; the measures now go to the floor of each chamber, and votes could occur as early as December 17, 2018. After a lengthy day of hearings on November 26, 2018, a joint session of the New Jersey Senate and Assembly committees of jurisdiction approved an adult-use (i.e. recreational) cannabis bill, a medical marijuana program expansion bill, and an expungement bill (the marijuana bills). Regardless of whether or not the votes occur in December – and there is speculation as to whether or not...
Alert
Published 12/03/2018
By Bruce D. Armon, Karilynn Bayus
Industries Health Care
On November 26, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Allergy Associates of Hartford, P.C. (AAH) agreed to pay $125,000 to settle alleged HIPAA violations following a doctor’s discussion with a reporter resulting in the disclosure of a patient’s protected health information (PHI). The settlement is notable both because the medical practice is small (only three doctors) and the disclosure involved a single patient. On February 20, 2015, an AAH physician spoke with a reporter in connection with the reporter’s investigation of...
Article
Published 12/01/2018
By Mary Beth Schluckebier
Industries Higher Education
Mary Beth Schluckebier, an associate in the Firm’s Higher Education Practice, authored an article for the American Bar Association’s TYL publication. Mary Beth discusses her experience thus far in the higher education law field, one she was not familiar with while in law school. "In the interest of full transparency… I must admit that I did not realize higher education law existed until after graduating law school and joining my firm. But, boy am I glad that it does," wrote Mary Beth. She describes what exactly is higher education law, the type of work attorneys handle and a day in the life...
Article
Published 12/01/2018
By Barry A. Chatz and Kevin H. Morse
Services Bankruptcy and Restructuring
Barry Chatz and Kevin Morse, partners in the Firm’s Bankruptcy and Restructuring Practice, co-authored this article for The Bankruptcy Strategist . The pair discuss their recent case with Firm client Eclipse Berry Farms, LLC, the largest strawberry grower in the country, and the confirmation of its Chapter 11 Liquidating Plan. Barry and Kevin discuss the intricacies that come with an agricultural Chapter 11 case. "An agricultural Chapter 11 case brings a unique set of circumstances generally not often prevalent in other Chapter 11 cases," wrote Barry and Kevin. To read the full article, click...
Books
Published 2018
By John Ropiequet
Industries Financial Services
The Business Law Section of the American Bar Association has published a 2018 supplement to The Law of Truth in Lending , a 1700-page treatise published in 2014, co-edited by Saul Ewing Arnstein & Lehr of Counsel John Ropiequet. The 900-page supplement covers numerous statutory, regulatory and case law changes that have occurred since the 2014 publication came out. It includes John’s revised Chapter 8 on The Right of Rescission Under Truth in Lending and his supplement to Chapter 12, on Private Remedies for Truth in Lending Violations, which he revised for the 2014 volume. The treatise is...
Article
Published 11/29/2018
By Randall S. Kulat, Robert Doty
Services Public Finance
Randall Kulat, counsel in the Firm’s Public Finance Practice, authored an article for The Journal of Local Government Law discussing the recent amendments to Rule 15c2-12 and how it will affect municipal bond issuers. "The two new events added by the SEC will, by its own admission, likely result in municipal bond issuers and underwriters incurring additional time and expense in order to comply with the Rule," wrote Randall. To read the full article, click here .
Alert
Published 11/28/2018
By Bruce D. Armon, Jonathan A. Havens
Industries Health Care | Life Sciences | Medical Device and Diagnostic Companies
On November 26, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., and Jeff Shuren, M.D., Director of FDA’s Center for Devices and Radiological Health (CDRH), issued an extensive policy statement outlining FDA’s plans to “modernize” the Agency’s medical device premarket notification ( i.e. , 510(k)) program. In the announcement , Drs. Gottlieb and Shuren explained FDA’s rationale for why the Agency would like to change the existing process to clear certain medical devices through the so-called 510(k) pathway. The current 510(k) process has been in...
Article
Published 11/28/2018
By N. Scott Pierce
Industries Life Sciences
Scott Pierce, a partner in the Firm’s Life Sciences Practice, authored this article for IPWatchdog. Scott discusses a recent Supreme Court case and its implications on patent law. "Despite potentially relevant Supreme Court precedent in Thomas v. Union Carbide Agr. Products Co. and Granfinanciera v. Nordberg , the better view under the weight of Supreme Court precedent with respect to patent validity, absent the recent decision by the Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC , is that determination of the validity of issued patents does not include the government...
Alert
Published 11/19/2018
Industries Real Estate
While changes to the current heightened activity in the real estate market are inevitable, a cross-section of industry players is keenly aware that with change comes opportunity. Opportunities to create beneficial collaborative models, such as joint ventures and public private partnerships (P3s). Opportunities to benefit from tax-incentive programs, such as the aptly named Opportunity Zones. Opportunities to utilize alternative financing programs, such as EB-5. Opportunities to leverage untapped asset classes, such as social infrastructure, which can provide financing for educational, health...
Blog Post
Published 11/19/2018
By Dena B. Calo
Blog Post
Published 11/19/2018
By Sunu M. Pillai
Alert
Published 11/16/2018
By Carolyn Toll, Joshua Richards, James Keller
Industries Higher Education
The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. The following sets out the highlights of the proposed draft rule. The proposed regulations, which effectively replace the 2011 Dear Colleague Letter, focus on the following: defining sexual harassment under Title IX; outlining those triggers that legally obligate a school to respond to allegations or incidences of sexual harassment; and clarifying school response procedures and requirements. Defining Sexual Harassment The proposed regulation...
Article
Published 11/15/2018
By Ronnie Fieldstone
Services Opportunity Zones and Qualified Opportunity Funds | Global Immigration and Foreign Investment
Ronnie Fieldstone, chair of the Firm's Global Immigration and Foreign Investment Practice, authored this article for the Daily Business Review. In the article, Ronnie provides a brief summary of the Opportunity Zone program and what is available in Miami. "It is not surprising that many of the locations in Opportunity Zones are economically viable for development since in many cases they are on the outskirts of an urban area that is in the process of being redeveloped. Such is the case in Downtown Miami, Florida, where there are several locations located within the fringe of the Opportunity...