Alert
Published 08/23/2021
Industries Higher Education | K-12 Schools
On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to educational programs. The settlement arises from the Department’s findings that, between the Fall 2012 and Spring 2017 semesters, Brown denied dozens of undergraduate students readmission after taking mental health-related medical leave in violation of Title III of the Americans with Disabilities Act (“Title III”). Brown denies that it violated Title III; however, to avoid...
Article
Published 08/23/2021
Services Labor and Employment
Alert
Published 08/23/2021
Services Corporate | Securities Transactions and Regulations
On August 6, 2021, the U.S. Securities and Exchange Commission approved Nasdaq’s proposed Board Diversity Rules (the Diversity Rules), which establish a framework designed to encourage a minimum board diversity objective for companies, and provide stakeholders with consistent disclosures concerning a company’s current board composition. What You Need to Know: The Diversity Rules include: A recommendation for companies with more than five directors to set a minimum board diversity objective; A requirement for Nasdaq-listed companies to provide on an annual basis statistical information about...
Alert
Published 08/23/2021
Industries Health Care
On August 13, 2021, Philadelphia’s Department of Public Health (“DPH”) announced an emergency regulation, available here , mandating COVID-19 vaccines that will affect healthcare institutions and the City’s colleges and universities. Many of the largest employers in the city—healthcare providers and higher education institutions—have already announced their own COVID-19 vaccine requirements. What You Need to Know: The vaccine mandate reaches a broad range of employees, students, faculty and staff at covered institutions and has limited exceptions. Medical and religious vaccination exemptions...
Blog Post
Published 08/23/2021
By Zachary Kimmel
Videos
Published 08/23/2021
Services : Emerging Company and Entrepreneur Services
In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice discusses how emergency injunctions may be obtained and used as a tool to protect business interests.
Alert
Published 08/19/2021
By Bruce D. Armon and Samantha R. Gross
Industries Health Care
The 24th Annual Report from the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) reports that the Federal Government won or negotiated more than $1.8 billion in health care fraud judgments and settlements in Fiscal Year (FY) 2020. HIPAA established a national Health Care Fraud and Abuse Control Program under the joint direction of the Attorney General and the Secretary of HHS, which is designed to coordinate federal, state, and local law enforcement activities related to health care fraud and abuse. What You Need to Know : Enforcement actions against...
Blog Post
Published 08/16/2021
By Donald A. Rea
Blog Post
Published 08/16/2021
By Robert L. Duston
Alert
Published 08/13/2021
By Bruce D. Armon and Ruth A. Rauls
Industries Health Care
Services Labor and Employment
On August 6, 2021, New Jersey Governor Phil Murphy issued Executive Order 252 as New Jersey and the nation continues to battle COVID-19 and the Delta variant. This most recent Executive Order takes effect on September 7, 2021 and requires certain health care entities and high-risk congregate settings to implement a policy for their ‘covered workers’ to (i) provide proof of being fully vaccinated or (ii) submit to COVID-19 testing at a minimum of one to two times weekly until the individual is fully vaccinated. What You Need to Know : Executive Orders have been regularly used by governors,...
Alert
Published 08/13/2021
By Marc Adesso, John Crozier
Services Corporate | Securities Transactions and Regulations
Companies operating as foreign private issuers (“FPI”) must assess their status as an FPI annually as of the last business day of their second fiscal quarter (typically June 30, for issuers with a December 31st fiscal year) to determine that they no longer met the requirements under Rule 405 under the U.S. Securities Act of 1933, as amended (the “Securities Act”) and Rule 3b-4 under the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”) to be treated as an FPI. Under such rules, an FPI is defined as any issuer, other than a foreign government incorporated or organized under...
Alert
Published 08/13/2021
Services Employee Benefits and ERISA Litigation
This month’s Friday Five covers cases relating to: (1) whether an insurer may seek reimbursement of LTD benefits after a plaintiff obtains a tort settlement, and the scope of discovery on class claims regarding the same; (2) dismissal of LTD claim where the claimant failed to provide insurer with requested medical records during claim review, including records relating to potential pre-existing condition; (3) analysis of the difficulties involved in addressing disabling conditions such as fibromyalgia that are difficult to confirm through objective evidence; (4) analysis of ERISA’s statute of...
Article
Published 08/13/2021
Services Retirement Planning
Alert
Published 08/12/2021
By Patrick F. Nugent, Amy L. Piccola, Joshua W. B. Richards and Levi R. Schy
Industries Higher Education
On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s interpretation of schools’ responsibilities under Title IX and the Department’s amendments to the regulations in 2020 (the “2020 Amendments”). The Q&A is a part of the Department’s comprehensive review of current Title IX regulations following President Biden’s Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex,...
Article
Published 08/11/2021
Industries Construction | Infrastructure
Blog Post
Published 08/11/2021
By Donald A. Rea