Blog Post
Published 07/02/2021
By Donald A. Rea
Alert
Published 07/01/2021
This month’s Friday Five covers cases relating to the exhaustion of administrative remedies set forth only in a denial of benefits letter, the scope of information required to be provided to medical reviewers, whether invasion of privacy claims survive ERISA preemption, the detail required of administrators in benefit denial letters, and the proof required of a plaintiff to establish that a structural conflict of interest impacted a denial of benefits. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team July 1, 2021 | By Amy Kline , Caitlin Strauss and Michael Joyce...
Article
Published 07/01/2021
Industries Real Estate
Blog Post
Published 06/29/2021
By Anna Maria Tejada, Zachary Kimmel
Alert
Published 06/28/2021
By Ryan DiClemente, Casey Grabenstein, James Morsch
Services Class Actions
On June 25, 2021, the U.S. Supreme Court delivered its decision in the closely watched class action case, Ramirez v. TransUnion LLC , No. 20-297. The Court’s 5 to 4 decision, authored by Justice Kavanaugh, promises to have long-reaching implications for class action practice. Defense counsel undoubtedly will be citing the Court’s decision and the phrase Justice Kavanaugh used at the beginning and end of his analysis - “[n]o concrete harm, no standing” - in a wide variety of class certification-related proceedings. Plaintiff’s class action lawyers likely will scramble to limit the Court’s...
Blog Post
Published 06/28/2021
By Donald A. Rea
Alert
Published 06/25/2021
By James Morsch, Amy Piccola, Andrea Brockway
Industries Higher Education
​In NCAA v. Alston , the Supreme Court confirmed that the NCAA’s ability to restrict the amount of educational benefits student-athletes may receive from enrolling institutions is limited. The authors [1] offer reflections on the opinion and predictions as to what might happen next. This week, in NCAA v. Alston , the U.S. Supreme Court, in a rare 9-0 decision, held that restrictions imposed upon National Collegiate Athletic Association (“NCAA”) member institutions limiting the educational benefits they can provide to student-athletes violate Section 1 of the Sherman Antitrust Act. Writing for...
Alert
Published 06/25/2021
By Amy Piccola, Andrea Brockway, Tricia Kazinetz, Levi Schy
Industries Higher Education
​The Senate Committee on Commerce, Science, and Transportation held two hearings this June to address federal legislative proposals that would enable college athletes to monetize their name, image, and likeness (“NIL”). The written testimony submitted prior to the hearings, as well as the live testimony, also touched on related topics, such as efforts to improve health and safety standards for student-athletes, enhancing scholarship protections and academic outcomes, increasing equity in student-athlete experiences, and how NIL legislation may affect smaller institutions compared to those...
Article
Published 06/24/2021
Services Labor and Employment
Videos
Published 06/24/2021
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 the key steps a business owner should take before and after being served with a lawsuit, as well as important litigation avoidance tips. Learn about what to do when you receive a demand letter; how to select the right registered agent; how to trigger insurance coverage; and how to approach settlement negotiations.
Videos
Published 06/24/2021
Services : Emerging Company and Entrepreneur Services | Commercial Litigation
In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice reviews the key terms to include in any contract for the sale of goods to help the seller avoid potential litigation.
Videos
Published 06/24/2021
Services : Emerging Company and Entrepreneur Services | Commercial Litigation
In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice discusses the elements of a fraud claim and advises business owners on how to defend against such a claim.
Alert
Published 06/23/2021
By Vincent M. Canale, Thomas Goodwyn
Industries Condominium and Community Associations
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 Illinois Eviction Act. Effective June 25, 2021, Executive Order 2021-13 allows associations to pursue remedies under the Eviction Act for non-payment of assessments, subject to certain limitations. The filing of an action pursuant to the Illinois Eviction Act has always been the preferred (as well as the most effective) way for a condominium or homeowner association to...
Alert
Published 06/23/2021
By Nancy Q. Burke, Pamela Goodwin
Services Environmental | Environmental, Social and Governance (ESG)
When a fire, spill or explosion causes pollutants to escape to the environment, responsible parties must quickly grapple with whether and when to report to authorities, which statutes and regulations apply, which agencies to notify and what to disclose. One key law that commonly triggers reporting obligations is Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9603. Section 103 mandates that a person in charge “immediately notify the National Response Center” as soon as they know that a reportable quantity of a hazardous substance...
Videos
Published 06/22/2021
Industries Video Gaming and Esports
In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness (NIL), particularly in video games, with colleague Angie de Cespedes, also from Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, and guest Michael McCann of Sportico. They talk about the O’Bannon v. NCAA lawsuit, and the Supreme Court [oral argument and] ruling in NCAA v. Alston , as well as how certain states are passing their own NIL regulations for...
Videos
Published 06/21/2021
Industries Video Gaming and Esports
In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice discusses non-fungible tokens (NFTs) and their connection with video games with two colleagues from the firm’s Video Gaming and Esports Practice – Mike Jacobson and Zach Kizitaff. They dive into sites like NBA Top Shot, Dibbs, Collectable and Wax.io, and how those NFT marketplaces allow fans to own pieces of sports memorabilia. They also discuss how video game publishers can get into the NFT market.