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Welcome to the first edition of Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This first edition is related to developments during the first quarter of 2023. If...

On Wednesday, March 15, Iowa’s House Legislature unanimously voted to approve Senate File 262 (SF 262), a comprehensive data privacy bill that unanimously passed the Senate on March 6. The bill will now move to the Governor’s desk to be signed into law (if the Governor does not sign or veto the bill...

The use of artificial intelligence (AI) to generate creative works raises interesting legal challenges to the protection of intellectual property. The plain language of the Copyright Act presents obstacles to artists who may use generative AI as part of their creative process, because an author of a...

On March 7, 2023 the U.S. Department of Housing and Urban Development (the “HUD”) Secretary, Marcia L. Fudge, issued a public memorandum (the “Memo”) expressing concern over a lack of transparency in fees charged to residential tenants. The Memo calls on housing providers and state and local...

In February, 2023, the Antitrust Division of the Department of Justice (“DOJ”) announced they are withdrawing three (3) antitrust policy statements – two of which date from the 1990s – which have been relied upon by healthcare providers and their counsel guiding them through their merger and...

On February 28, 2023, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) issued a Request for Information (“RFI”) seeking public comment on background screening issues affecting rental housing applicants and tenants in the United States. The 10-page RFI, which the...

This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a waiver of premium provision and compliance with a mandatory appeals process...

On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system. [1] In each case, the court determined that the owner of the hospital did not qualify as an...

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter [1] (the “DCL”) regarding the “Requirements and Responsibilities for Third-Party Servicers and Institutions.” This DCL announces additional...

The 2021 calendar year reports from HHS OCR describe OCR’s efforts that calendar year and are instructive tools for all parties who need to comply with HIPAA to understand macro-level trends. What You Need to Know: OCR continues to receive tens of thousands HIPAA complaints each year. “Large”...

See below the Saul Ewing LLP Health Law Practice Group 2023 predictions from various members of our practice group! Our colleagues help interested parties in the health care delivery system with transactional, regulatory, compliance and litigation issues at the Federal and state level. We are...

On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and dissemination requirements. The Court’s holding, derived from the case of Cothron v...

On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the Illinois Biometric Information Privacy Act (“BIPA”)? According to the Supreme...

On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“ CFSA ”). The...

On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy University by a student alleging discrimination on the basis of pregnancy in...

Section 102(b)(7) of the General Corporation Law of the State of Delaware was amended to permit Delaware corporations to exculpate certain corporate officers from monetary liability for breaches of the fiduciary duty of care. Previously, similar protections were available only to directors. This...

In Bureau of Consumer Financial Protection v. Townstone Financial, Inc . , the Consumer Financial Protection Bureau (“CFPB”) brought suit against Townstone, a mortgage broker/lender, and its co-founder and chief executive, Barry Sturner (“Sturner”) for alleged violations of the Equal Credit...

This month’s Friday Five covers cases relating to potential impacts of COVID-19, full and fair review of the claim file, an attempt to use an insurer’s internal policy against itself, and a “second bite at the apple” by amending a complaint for denial of benefits to include a claim for breach of...

The FTC has announced the annual updates to the Hart-Scott-Rodino (“HSR”) size thresholds, fees and the daily penalty for HSR violations. The updated thresholds and fees were published in the Federal Register on January 26, 2023 and will take effect on February 27, 2023. See Federal Register...

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