Blog Post
Published 06/29/2016
By Jason Tremblay
Alert
Published 06/28/2016
Industries Higher Education
Summary Now that the Supreme Court has upheld the use of race as, in the words of the district court, a “factor of a factor of a factor” in the University of Texas’s admissions program, institutions can glean some guidance from the decision to create and administer their own race-conscious admissions programs. This article summarizes the admissions program at issue in Fisher II and analyzes the key takeaways from the Court’s decision. The University’s Race-Conscious Admissions Program The University of Texas (“UT”) created its admissions program to work within the confines of Texas’s “Top Ten...
Article
Published 06/26/2016
By Jason Meisner
Services Litigation | White Collar and Government Enforcement
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Alert
Published 06/24/2016
Industries Higher Education
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Alert
Published 06/24/2016
Industries Higher Education | Insurance | Technology and Manufacturing
Summary On Tuesday, June 21, 2016, the FAA released its Final Rule for the Operation and Certification of Small Unmanned Aircraft Systems (“sUAS”) in the National Airspace (“NAS”), Title 14 of the Code of Federal Regulations (14 CFR) part 107 (“Final Rules”). The Final Rules place certain operational restrictions on commercial sUAS operations, provide a path toward obtaining a remote pilot certificate for the commercial operation of sUAS, and offer a process for obtaining a waiver from some of the restrictions for safe operations of sUAS. After almost 16 months since the FAA notified hobbyist...
Alert
Published 06/24/2016
Summary A recent New Jersey Supreme Court decision held that an arbitration clause was not enforceable because it did not inform the consumer that acceptance of the clause operated as a waiver of the right to obtain relief in court. It also reinforced the presumption that courts decide whether a dispute is subject to arbitration. In Morgan v. Sanford Brown Institute , No. A-31-14 (June 14, 2016), the New Jersey Supreme Court held that an arbitration clause is not enforceable when it does not inform the consumer that acceptance of the clause works as a waiver of the right to obtain relief in...
Blog Post
Published 06/24/2016
By Steven N. Malitz
Alert
Published 06/21/2016
Services Tax
Summary On June 16, 2016, the Philadelphia City Council passed Bill No. 160176, known colloquially as the “Soda Tax.” This ordinance imposes a tax of 1.5 cents per ounce on any sugar- or artificially-sweetened beverage sold in the City of Philadelphia, beginning January 1, 2017. The tax is also imposed on sales of syrups and other concentrates at a rate equivalent to 1.5 cents per ounce of a prepared drink made from that syrup or concentrate. The tax will affect distributors, retailers and consumers. What Does the Tax Cover and Who Pays the Tax? The tax is imposed primarily on Distributors...
Alert
Published 06/20/2016
Industries Higher Education
On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit Program (“Phase 2 Audit Program”). The Phase 2 Audit Program will review the policies, procedures, and other activities of covered entities and business associates for compliance with the HIPAA Privacy, Security and Breach Notification Rules. Every covered entity and business associate is eligible to be audited. Pre-Audit: Information-Gathering Stage Before deciding which...
Alert
Published 06/20/2016
Industries Higher Education
Summary As described in “Sent from My Smartphone,” an article in Saul Ewing’s Spring 2016 Highlights , the Department of Labor (“DOL”) unveiled the final version of its highly anticipated overtime regulations on May 18, 2016. In its first increase since 2004, the standard minimum salary level for exemption from overtime under the Fair Labor Standards Act (“FLSA”) has been increased by just over 100 percent, from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). The salary level for highly compensated employees (“HCE”s) has also been increased, from $100,000 to $134,004...
Alert
Published 06/20/2016
Industries Higher Education
Joining with the U.S. Department of Justice, the U.S. Department of Education, Office for Civil Rights (“OCR”), issued a “Dear Colleague Letter” (“DCL”) on May 13, 2016, addressing the rights of transgender students at colleges and universities. Though perhaps most widely known for addressing a transgender student’s right to use a restroom facility that corresponds with that student’s gender identity, there are other key takeaways from this DCL. 1. A student’s “gender identity” is protected under Title IX. The DCL eliminates any doubt: a student’s gender identity is protected under Title IX...
Alert
Published 06/20/2016
Industries Higher Education
Institutions of higher education employing transgender personnel should be aware of the evolving legal framework regarding issues of access and discrimination. Recent federal guidance may be in conflict with existing state laws governing transgender employees, or conversely, state laws may provide for additional requirements beyond the federal obligations. Last month, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance for employers who provide bathroom access to transgender employees -- the Bathroom Access for Transgender Employees Under Title VII of the Civil Rights Act...
Alert
Published 06/20/2016
Industries Higher Education
With the beginning of a new academic year approaching, this is the time of year that institutions begin to see new requests for students and employees to bring service animals and assistance animals on campus. Below we discuss the rules on when (and where) to permit service animals and assistance animals. Service animals may be permitted on campus as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Assistance animals may be permitted in certain limited areas on campus as a reasonable accommodation under Section 504 of the Rehabilitation Act of 1973 (“Section 504...
Alert
Published 06/20/2016
Industries Higher Education
Backed by the Foundation for Individual Rights in Education (“FIRE”), a former University of Virginia law student filed a federal lawsuit against the Department of Education on June 16, 2016 in a direct challenge to the guidance offered in the Office for Civil Rights’ 2011 Dear Colleague Letter. The lawsuit objects to OCR’s requirement that institutions use a preponderance of the evidence standard in adjudicating reports of sexual misconduct. Other lawsuits, notably one filed against Louisiana State University by a former professor, have narrowly argued that OCR’s Title IX guidance violates...
Alert
Published 06/20/2016
Industries Higher Education
Services Cybersecurity and Privacy in the Higher Education Industry
A coalition of legal scholars and organizations interested in privacy has petitioned the Department of Education to amend the regulations that implement the Family Educational Rights and Privacy Act (“FERPA”) to include a “Data Security Rule” aimed at preventing the unauthorized disclosure of personally identifiable information contained in education records. The proposed rule would require schools and any third parties that possess education records to implement administrative, physical, and technical safeguards, such as encryption and “privacy enhancing techniques” that minimize or...
Article
Published 06/20/2016
By Brian R. Landry
Services Emerging Company and Entrepreneur Services | Intellectual Property
Brian R. Landry, an associate and vice chair of Saul Ewing’s Intellectual Property Practice, authored this article which aims to answer commons questions startup companies have regarding trademarks.