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On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from...
As we have just passed the half-way point of 2022, many health systems are thinking about acquisitions they would like to complete before the end of the calendar year. In addition to the necessary due diligence, contracting considerations and licensure and regulatory issues, acquiring and selling...
This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...
A new City of Chicago Ordinance requires that condominium associations and other highrise residential buildings provide relief for residents during extreme heat events. On June 22, 2022, in response to the heat-related deaths of residents of a senior living facility, the Chicago City Council...
Counterfeiting is seldom discussed in popular culture, but as a crime it is one of the most lucrative, eclipsing even the drug trade. In 2017, counterfeiting was responsible for almost $1 trillion in illegal sales. Incredibly, counterfeiting accelerated during the COVID-19 pandemic. That was caused...
Another in a series of recent court decisions has made meal and rest break claims significantly more troublesome for California employers. In May 2022, the California Supreme Court held that premiums for missed meal breaks are “wages” that must be reported on wage statements and paid in a timely...
On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication technologies to provide audio-only telehealth services in a manner that is...
The Pennsylvania Supreme Court’s April 29, 2021, decision in a Right-to-Know Law (the “RTKL”) case has broad ramifications in matters where a state or local governmental agency has contracted with a private consultant and seeks to protect records the parties have exchanged while the agency...
Pennsylvania has required construction contractors to utilize minority and women businesses in state-funded construction since 1987. Within a short period of time, a parallel program was adopted for service contracting, where entities identified as “Socially or Economically Restricted Businesses”...
Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities. While some projects have been deferred in the current health and economic climate, at some point, and we hope sooner rather than later, the normal course of public...
Agencies of the Commonwealth of Pennsylvania regularly publish regulations and policy statements in the Pennsylvania Bulletin. The Departments of Human Services, Health and Environmental Protection are among the agencies that are the most prolific document publishers. Administrative law...
In this article, Bill Warren, a partner in the Firm's Government Contracts Practice, describes the current PA municipal policies applied in assessing building permit fees on public projects undertaken by school districts, counties and other public entities and the recommended approach to challenging...