Article
Published 06/06/2022
Industries Cannabis Law
Services Regulatory Compliance and Government
Alert
Published 06/03/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to an award of attorney’s fees (but not) costs, class certification in an ERISA benefits case, a court finding that a physician claimant was disabled from his own occupation, a claimant paying into insurance he thinks he has, and an insurance company using interpleader and jurisdiction to its advantage. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team June 3, 2022 | By Amy Kline , Caitlin Strauss and Chris Klein Court Awards Attorney’s Fees for Preparation of Rule 59(e) Motion But Denies Costs Because of Failure to...
Alert
Published 06/01/2022
Industries Higher Education
On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C . that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings focused on damages available under the Rehabilitation Act and the Affordable Care Act, the Court addressed two other Spending Clause statutes that similarly prohibit discrimination based on certain protected grounds: Title VI of the Civil Rights Act of 1964 (“Title VI”) and Title IX of the Education Amendments of 1972 (“Title IX”), signaling that the Court’s restriction of...
Article
Published 06/01/2022
Alert
Published 06/01/2022
Industries Energy
Services Environmental | Environmental, Social and Governance (ESG)
On May 26th, the EPA released an update of its Legal Tools to Advance Environmental justice – a compilation of the legal authorities it relies upon to protect public health and the environment for all persons in EJ and all communities. The tool kit replaces the “Plan EJ 2014 Legal Tools” and provides a review of laws and legal authorities that can be used to address environmental justice issues. The release of the updated “Legal Tools” demonstrates the continued emphasis on environmental justice across federal agencies under the Biden administration. ​ What You Need to Know: Companies that...
Podcast episode
Published 05/26/2022
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Brian Berger, principal and founding partner of JBH Advisory Group, which provides a variety of advisory services to stakeholders involved in scalable food service throughout the hospitality industry. They discuss the challenge of trying to maintain consistency in an industry where the product experience can never be the same twice, and how tools such as data analytics and strategic purchasing can be leveraged to that end. They also examine how innovations developed years ago, such as ghost kitchens and ventless cooking methodologies, have helped operators in the food and beverage industry adapt to pandemic-related challenges, particularly labor shortages and supply chain issues.
Alert
Published 05/23/2022
Industries Higher Education | Sports | Sports and Entertainment
On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year anniversary of the NCAA’s Interim NIL Policy allowing NCAA student-athletes the opportunity to benefit from their NIL, which took effect July 1, 2021. Saul Ewing Arnstein & Lehr Attorneys have been closely following NIL developments, including tracking legislative efforts at both the federal and state levels here .​ ​What You Need to Know: NIL “collectives” may be considered...
Article
Published 05/19/2022
Services Cybersecurity and Privacy
Alert
Published 05/12/2022
Services Intellectual Property
The Federal Circuit recently denied a petition for rehearing and a petition for rehearing en banc of a precedential panel decision regarding forum selection clauses. Nippon Shinyaku Co., Ltd. v. Sarepta Therapeutics, Inc.[FK1] , 2021-2369, Order (Fed. Cir. May 3, 2022). The panel decision found that a forum selection clause in a confidentiality agreement could be used to prevent inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The rehearing denial affirms the panel decision. This affirmation is good news for patent owners who have similar clauses in their...
Article
Published 05/11/2022
Industries Higher Education
Services Labor and Employment
Videos
Published 05/09/2022
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #14 and #15: “Terms are spokes on a wheel” and “Start negotiating on page 15, not page 1.”
Alert
Published 05/06/2022
Industries Health Care
On April 28, 2022, the Office of Inspector General (“OIG”) published Advisory Opinion 22-08 in which the OIG declined to impose sanctions against a federally qualified health center (“Requestor”). The Requestor proposed an arrangement to loan smartphones to patients to allow those patients to access telehealth services. The OIG concluded that although the proposed arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) and the beneficiary inducements prohibition under the Civil Monetary Penalties Law (“CMP”), the OIG would not impose sanctions...
Alert
Published 05/06/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to a claimant’s second chance when a lawyer misses a court deadline, whether certain voluntary benefits fall within a broader ERISA plan, a court deciding that an insurer was “probably not wrong,” judicial reconsideration to mold the time period for benefits awarded, and an insurer’s duty to consider particular hazards of a claimant’s occupation. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team May 6, 2022 | By Amy Kline , Caitlin Strauss and Michael Joyce Claimant Granted Another Chance After Attorney Misses Filing...
Blog Post
Published 05/05/2022
By Ruth A. Rauls, Sondra Saporta
Alert
Published 05/04/2022
By Melissa A. Clarke
Industries Energy | Real Estate
Services Environmental
On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform Construction Code’s Energy Subcode, N.J.A.C. 5:23-3.18. These regulations implement a new law, P.L.2021, c.290, which requires warehouse projects greater than 100,000 square feet to set aside at least 40 percent of roof area for the future installation of a solar photovoltaic or solar thermal system (for more information as to the new law, check out prior alert here ). What...
Article
Published 04/27/2022
Services Bankruptcy and Restructuring | Bankruptcy Litigation
