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Featured Articles
May 6, 2008
Tax Changes Loom For Transfers of Controlling Interests in Maryland Real Property Entities
 Real Estate
Tax
The Maryland Department of Assessments and Taxation has proposed regulations regarding...
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May 5, 2008
NJDEP No Longer Offers Determinations of ISRA Applicability
Environmental
Those looking to transfer property or close industrial operations in New Jersey no longer can ask the state Department of Environmental Protection whether such action would trigger cleanup requirements under the Industrial Site Recovery Act (ISRA).
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May 2, 2008
Governor Corzine Signs New Jersey Paid Leave Bill
Labor, Employment & Immigration
Today, New Jersey employers have new requirements to contend with as the state becomes the nation’s third to institute paid family leave. Leave policies must be reassessed and changes made to comply with the new law.
Read full story »
April 30, 2008
Arizona Enacts Changes to Employer Sanctions Immigration Law
Labor, Employment & Immigration
Arizona employers are on alert: Effective immediately upon the Governor’s signature, which is considered likely in early May, new changes to the Arizona employer sanctions immigration law clarify some aspects of the law and add new uncertainties and risks for the state’s businesses. On April 28, 2008, the Arizona Legislature passed HB 2745 to amend the 2007 Legal Arizona Workers Act (LAWA).
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April 29, 2008
Pennsylvania Realty Transfer Tax: The Department of Revenue Digs in its Heels on Assignments of Contracts
Real Estate
Tax
It’s been confirmed: The method regularly used by real estate companies to buy property in Pennsylvania may trigger a double transfer tax. That’s the upshot of the latest bulletin from the state Department of Revenue explaining its new Realty Transfer Tax Regulations. The April 18 bulletin offers a safe harbor, but it is unworkable.
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April 28, 2008
Foreign Manufacturer’s Shipment Through U.S. Distributor Establishes Jurisdiction of New Jersey, Appellate Division Finds
Product Liability and Mass Tort
Foreign manufacturers (and domestic manufacturers with foreign affiliates), take note: You could find yourselves defending product liability lawsuits in New Jersey even if your only connection to the state is that a product of yours was shipped there by a distributor.
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Winter - Spring 2008
Ballard Spahr Pro Bono News
Ballard Spahr Meets Pro Bono Challenge for 6th year!...
Documentary Client Wins Film Festival Awards...
Wills for Heroes Update...
Ballard Spahr Jump Starts ABC's Camden Extreme Makeover: Home Edition...
Click here to download the PDF file to read the full version of these articles.
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April 23, 2008
New Jersey Supreme Court Provides Guidance on Arbitration Provisions
Litigation
The New Jersey Supreme Court has clarified the enforcement of arbitration provisions, drawing a roadmap for other state courts in the process.
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April 15, 2008
California Supreme Court Ruling Highlights Potential Pitfalls for Employers on California Family Rights Act Claims
Labor, Employment & Immigration
A recent ruling by the California Supreme Court underscores potential pitfalls for employers who are considering requests for medical leave through the California Family Rights Act (CFRA).
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3/24/2008
Battle Over Leasing Covenants in Lieu of Exclusives
Real Estate
Please download the PDF file to read the article written by Kenneth M. Morgan, associate in the Real Estate Department and a member of the Transactional Finance, Real Estate Finance and Real Estate Leasing Groups.
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April 11, 2008
Auction Rate Bonds: March 2008 Guidance From SEC and IRS
Public Finance
The Securities and Exchange Commission and the Internal Revenue Service have published guidance on auction rate bonds, particularly with respect to transactions in which an issuer purchases...
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April 11, 2008
Developers Face Challenge to Favorable Ruling in Fair Housing Case
Housing
Real Estate
Developers and owners of multifamily housing nationwide continue to battle fair housing lawsuits brought by representatives of ...
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April 9, 2008
Second Circuit Reverses Class Certification of Tobacco Claims
Business Litigation
Bids to build class action suits against tobacco companies have been dealt another setback in a case whose opinion is worth a look by other industries that could be class action targets...
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April 4, 2008
Possible Mortgage Foreclosure Moratorium May Prove Detrimental to Philadelphians
Consumer Financial Services
An announced moratorium on mortgage foreclosures in the City of Philadelphia is of questionable necessity and legality. A prolonged mortgage foreclosure moratorium would inevitably deter lenders from extending credit to City residents and thereby lead to higher mortgage interest rates and restrictions on access to credit for all of the City’s residents.
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April 4, 2008
Court Sides With Insurers On Homeowner Claims
Insurance
Insurers have notched an important win in Pennsylvania in connection with the payment of general contractor overhead and profit on homeowners’ claims. The victory comes in a series of class actions by insureds against insurance companies, a type of case that has increased dramatically in the last several years.
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April 1, 2008
Avoiding Data Security Breaches: FTC Settles with The TJX Companies, Inc.
White Collar Litigation
Businesses that collect consumers’ personal information have been reminded again: Protect that information or face painful consequences. Retailer TJX Cos. and data brokers Reed Elsevier (REI) and Seisint, in settlements with the Federal Trade Commission (FTC), agreed last week to have their security programs audited every other year for 20 years. The companies must retain independent, third-party security auditors to do the job. They also must implement stronger security programs and be subject to provisions that enable the FTC to monitor compliance.
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March 24, 2008
The Numbers Add Up: Department of Homeland Security Issues Supplemental Proposed Rulemaking Affecting Companies Whose Employees’ Social Security Numbers Do Not Match Numbers on File
Labor, Employment & Immigration
The U.S. Department of Homeland Security (DHS) released a supplemental proposed rulemaking regarding the Social Security Administration No-Match rule on March 21. The proposed rule, which was originally issued on August 14, 2007 to go into effect on September 14, 2007, has far-reaching consequences for employers whose employees use Social Security numbers that do not match their numbers on file.
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March 20, 2008
IRS Spotlights Abusive Uses of Section 529 Qualified Tuition Programs
Tax
Investment Management
The IRS and Treasury recently issued an advance notice of proposed rulemaking (the Notice) in response to reports of abusive transactions involving...
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March 19, 2008
How Corporations Spell Relief: IRS Proposes Modest Break from Multiple Taxation of Some Corporate Restructuring Transactions
Tax
The IRS has taken another step to remove one of the many traps for the unwary in undertaking corporate restructurings. Effective March 7, new temporary regulations reduce...
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March 14, 2008
New Decision Potentially Increases Hospital Liability in Title VII Claims
Labor, Employment & Immigration
Health Care
Hospital administrators take note: A recent 2nd U.S. Circuit Court of Appeals decision that a physician with staff privileges at a hospital may be deemed to be an employee for purposes of ...
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March 10, 2008
New Rules Governing Sales by Foreign Subsidiaries of U.S. Corporations May Shift Tax Landscape
Tax
International
If the Internal Revenue Service has its way, U.S. businesses with foreign subsidiaries may soon be affected by new tax rules in making overseas sales...
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March 4, 2008
Selective Waiver Doctrine Rejected
Securities
Corporate Compliance and Investigations
White Collar Litigation
Companies routinely conduct internal investigations of alleged wrongdoing and receive reports summarizing the investigators’ findings...
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March 3, 2008
New Jersey Paid Leave Makes Legislative Advances
Labor, Employment & Immigration
New Jersey is poised to become only the third state in the nation to offer paid family leave. If it becomes law, the bill approved on Feb. 28 by the Labor Committee...
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February 29, 2008
N.J. Bill Targets Employers Who Hire Illegal Immigrants
Labor, Employment & Immigration
On Tuesday, New Jersey legislators joined the drumbeat, now heard nationwide, to impose penalties on employers who knowingly hire illegal immigrants...
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February 27, 2008
IRS Issues Guidance to Help Ease Municipal Auction Market Woes
Public Finance
Help has arrived for many municipal market participants, courtesy of the Internal Revenue Service...
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February 28, 2008
Increase in Immigration Violation Penalties Will Affect Employers Nationwide
Labor, Employment & Immigration
Employers soon will face harsher penalties for knowingly hiring undocumented workers. In a new final rule published in the Federal...
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February 22, 2008
Supreme Court Expands Causes of Action for Breaches of Fiduciary Duties
Employee Benefits and Executive Compensation
Labor, Employment & Immigration
A United States Supreme Court ruling on Wednesday has opened the door for individuals to sue 401(k) and 403(b) plan fiduciaries over individual losses in their accounts when their investment instructions are ignored or the accounts are otherwise mishandled...
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February 20, 2007
Qualcomm v Broadcom: Lessons on the Corporate Litigant's Duty to Search for and Produce E-Discovery Material
Business Litigation
A federal magistrate in California has put businesses on notice—especially those that have their own in-house legal staff—that they may be held responsible for failure to produce discovery, even if they get bad advice from outside counsel...
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February 15, 2008
New Pennsylvania Legislation Clarifies Requirements For Using New Or Existing Environmental Covenants As Remediation Tools
Environmental
Real Estate
Pennsylvania recently joined a growing number of states by adopting a law that officially codifies a legal mechanism, an “environmental covenant,” to implement and enforce land use restrictions and other protective measures imposed upon real property as part of an environmental remediation where non-threatening contamination has been allowed to remain in place...
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February 15, 2008
Material Event Notices
Public Finance
Recently, Fitch Ratings (Fitch), Moody’s Investors Service (Moody’s) and Standard & Poor’s Ratings Group (S&P) downgraded the credit ratings of certain monoline bond insurance companies...
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February 13, 2008
SEC Notifies at Least Three Firms That it May Bring Fraud Charges Related to the Municipal Market
Securities
Corporate Compliance and Investigations
White Collar Litigation
The Securities and Exchange Commission (SEC) Chairman, Christopher Cox, warned on Friday that the SEC intends to make municipal market fraud investigations a top priority this year because...
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February 13, 2008
Another Battle Waged Against the Mortgage Industry In the War for Overtime Pay (and Ways to Halt the Advance)
Labor, Employment & Immigration
More than 30 lawsuits have been filed recently against mortgage lenders throughout the country for classifying their loan officers as exempt from...
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February 8, 2008
Ninth Circuit Appeal Pending Regarding Arizona's Employer Sanctions Law
Labor, Employment & Immigration
At the end of the day on February 7, 2008, the United States District Court for the District of Arizona (“District Court” or the “Court”) upheld the Legal Arizona Workers Act (“LAWA” or “the Act”) against the constitutional challenge brought by 11 business groups, as well as other business and civic groups...
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February 5, 2008
New IRS M & A Guidelines for Asset Push-Ups and Drops in Reorganizations
Tax
From its inception, the Internal Revenue Code has contained provisions designed to facilitate corporate restructurings by reducing (and, in some cases, eliminating) the current tax bills that would otherwise be payable by corporations and their shareholders for engaging in reorganization transactions...
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January 29, 2008
IRS Lays Mine Field for Some Stock Transactions
Tax
Several years ago promoters devised a strategy to help corporations avoid large potential tax bills that...
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January 29, 2008
Congress Expands FMLA Protections to the Families of U.S. Military Service Personnel
Labor, Employment & Immigration
For the first time since the Family and Medical Leave Act’s enactment in 1993, the law’s leave protections have been extended to the family members of U.S. military service men and women...
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January 29, 2008
Green Energy Advertising: How FTC “Green Guide” Revisions Might Affect Your Business Marketing
Energy and Project Finance
Environmental
The Federal Trade Commission (FTC), the federal watchdog for advertising, is currently reexamining its “Green Guides” (i.e., the “safe harbor” guidelines for green marketing claims published in FTC regulations) to address the tremendous growth...
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December 3, 2007
A Square Peg and a Round Hole: The Application of Weingarten Rights to Employee Drug and Alcohol Testing
Labor, Employment & Immigration
A Square Peg and a Round Hole: The Application of Weingarten Rights to Employee Drug and Alcohol Testing Daniel V. Johns, Esquire This article is posted with permission of the Pace Law Review, and anyone seeking to copy or reprint the article can only do so with the permission of the Pace Law Review.
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January 18, 2008
Amendment to New Jersey Law Against Discrimination Expands Employers’ Obligation To Accommodate Employee Religious Practice
Labor, Employment & Immigration
A new provision in New Jersey’s Law Against Discrimination, effective January 13, 2008, prohibits employers from engaging in any practice that would require a person to violate or forego...
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January 17, 2008
Ex-Brocade CEO Sentenced to 21 Months in Stock Options Backdating Investigation
Corporate Compliance and Investigations
Yesterday, Gregory L. Reyes, Jr., the former Chief Executive Officer of Brocade Communications Systems, was sentenced to 21 months in prison and ordered to pay a $15 million fine for his role in stock options backdating at the technology company...
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January 15, 2008
Supreme Court Restricts Reach Of Securities Fraud Liability
Business Litigation
Securities
In a much anticipated decision that restricts the reach of securities fraud liability under Section 10(b) of the Securities Exchange Act of 1934, the Supreme Court ruled on Tuesday that secondary actors—such an issuer’s suppliers, customers, auditors or underwriters—can be liable only if investors specifically relied on their statements or representations.
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January 11, 2008
Pennsylvania Realty Transfer Tax Department of Revenue Further Muddies the Waters
Real Estate
Tax
Immediately before the December 15, 2007, effective date of the Pennsylvania Department of Revenue’s instantly notorious amended Realty Transfer Tax Regulations, the Department issued a...
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January 2008
An International Approach to Trademarks
Intellectual Property
Please download the PDF file to read a chapter from the book International Trade Legal Strategies: Leading Lawyers on Key Issues Relevant to Client Transactions and Cross-Border Commerce, published by Aspatore Books as part of the Inside the Minds series. The chapter entitled An International Approach to Trademarks was written by Roberta Jacobs Meadway, Partner in the Litigation Department and member of the Intellectual Property Group.
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January 10, 2007
Anticipating Environmental Issues in an Economic Downturn
Environmental
The economic news recently has not been good. The United States may be heading for a recession. Downturns present certain recurrent kinds of environmental problems for all kinds of businesses, and we thought to offer this reminder...
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January 7, 2008
Pennsylvania Supreme Court Narrows Appeal Standard of Review for Act 195 Grievance Arbitration Award
Labor, Employment & Immigration
Overturning a grievance arbitration award under Act 195 has always been a challenge in light of the “essence test,” the highly circumscribed standard of review applied by...
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January 2, 2008
Employers Have the Right to Restrict Employee Use of its Email System
Labor, Employment & Immigration
In a long awaited decision that has already drawn howls of protest, the National Labor Relations Board (NLRB) held that “absent discrimination, employees have no statutory right to use an employer’s equipment or media for Section 7 [union-related] communications.”
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January 2, 2008
SEC Proposes Summary Prospectus Rules
Investment Management
On November 15, 2007, the Securities and Exchange Commission (SEC) proposed new rules (the Proposed Rules) that permit mutual fund families to prepare summary documents containing certain key information about their funds and deliver the summary documents in lieu of...
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December 28, 2007
E-Verify Options and Pitfalls
Labor, Employment & Immigration
The Legal Arizona Workers Act (LAWA) requires that, after January 1, 2008, all employers use the federal program, E-Verify, to verify the employment of all newly hired employees. E-Verify has many vague rules and requirements...
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December 27, 2007
New Jersey Enacts Plant Closing Law
Labor, Employment & Immigration
Citing “shortcomings” in the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq. (WARN Act), on December 20, 2007, New Jersey Governor Jon S. Corzine signed into law the “Millville Dallas Airmotive Plant Job Loss Notification Act,” as...
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December 27, 2007
Final Regulation Allows Retiree Health Plans to Coordinate with Medicare
Employee Benefits and Executive Compensation
The Equal Employment Opportunity Commission (EEOC) has issued a long-awaited final regulation that allows employers to coordinate retiree health benefits with Medicare...
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December 21, 2007
District Court's Denial of TRO in Second Lawsuit and Appeal to the Ninth Circuit Regarding First Lawsuit
Labor, Employment & Immigration
The United States District Court for the District of Arizona (district court) has denied Plaintiffs' motion for a temporary restraining order (TRO) to stop the enforcement of the Legal Arizona Workers Act (LAWA or the Act)...
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December 20, 2007
The House of Representatives Judiciary Committee Receives a Statement of Principles on Deferred Prosecution Agreements
White Collar Litigation
On December 17, 2007, Representative Bill Pascrell, Jr., of the 8th District of New Jersey, submitted to the House of Representatives Judiciary Committee and United States Attorney General Michael B. Mukasey for consideration a Statement of Principles on Deferred Prosecution Agreements, which could potentially lead to legislation or...
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Mergers of Investment Companies (2007 Edition)
Investment Management
Effective February 1, 1986, the Securities and Exchange Commission adopted Form N-14 as the principal means by which open-end investment companies, closed-end investment companies, business development companies and variable life and variable annuity separate accounts must register securities to be sold in certain business combination transactions. Form N-14 was designed to improve the usefulness of the prospectus used to obtain approval of these transactions by requiring that information be presented in a shorter and more meaningful format.
We developed this book to provide a guide to investment company mergers and to Form N-14. Each transaction requires experienced securities and tax counsel because of the particular facts and circumstances of each merger and the ever-occurring changes in the securities and tax laws. This convenient guide pulls together the relevant items in Form N-14 and the pertinent sections of the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940, and can be helpful to both practitioners and senior executives in the investment company industry.
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December 19, 2007
Domain Name/Keyword Slamming on the Rise
Intellectual Property
In recent months, unknown organizations in China have been sending emails to companies in the United States claiming that the company’s intellectual property (IP) rights are in jeopardy if it does not...
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December 18, 2007
Certiorari Granted in Public Utility District No. 1 of Snohomish County v. FERC: Is “Doomsday” on the Horizon?
Energy and Project Finance
The Supreme Court granted certiorari in Snohomish after reviewing legal and policy arguments filed by ...
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December 11, 2007
Final Regulations Treat Disregarded Entities as Separate for Employment Tax and Related Reporting Requirements
Tax
The Treasury Department recently issued final regulations that treat an eligible disregarded entity the same as an entity regarded as separate from its owner for...
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December 6, 2007
FERC Announced New Policy to Encourage Development of Innovative Hydrokinetic Projects
Energy and Project Finance
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December 6, 2007
Mortgage Crisis Net Grows Wider
White Collar Litigation
Subprime Lending Team
New York Attorney General Andrew Cuomo launched the next phase of his investigation into the subprime lending industry. On December 5, 2007, he issued subpoenas to...
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December 4, 2007
Legislative Update
Real Estate
This Ballard Spahr e-Alert is to advise you of new ROFR legislation in Howard County...
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December 4, 2007
IRS Publishes Proposed Arbitrage Regulations and VCAP Procedure for Float Agreements
Public Finance
The Internal Revenue Service published proposed regulations on arbitrage on September 26, 2007...
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December 4, 2007
Pennsylvania Supreme Court Addresses Public Employer’s Ability to Modify Post-Retirement Medical Benefits
Labor, Employment & Immigration
Public and private employers are well-acquainted with the challenges of spiraling inflation for retiree health care coverage. Public employers are facing the added pressure of ...
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November 28, 2007
Comparing Proposed Pennsylvania Climate Change Bills
Environmental
Energy and Project Finance
Both chambers of Pennsylvania’s General Assembly have made significant progress toward enacting climate change legislation for...
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November 21, 2007
HUD Issues Final Rule to Permit Fair Market Rents for Project-Based Vouchers in LIHTC Units
Housing
Read full story »
November 20, 2007
New MD Tax on Transfer of a “Controlling Interest” in a “Real Property Entity”
Real Estate
Tax
As you may be aware, the Maryland General Assembly has concluded the special session called by the Governor to address the State’s budget. Among the many changes included in the Tax Reform Act of 2007 is the imposition of...
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November 19, 2007
IRS Provides Specific Guidance To Wind Project Developers
Energy and Project Finance
The Internal Revenue Service (IRS) recently published Revenue Procedure 2007-65 (Revenue Procedure), which establishes clear safe harbor requirements for the allocation of...
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November 19, 2007
New Climate Change Legal And Policy Developments: IPCC Synthesis Report, Light Truck CAFÉ Standards Case, and the Midwestern Climate Initiative
Environmental
Energy and Project Finance
Real Estate
As many will have seen in the newspapers, on November 17, the Intergovernmental Panel on Climate Change (IPCC) released the Synthesis Report of the IPCC 4th Assessment Report...
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November 16, 2007
OSHA Publishes Final Regulation Mandating Employers Pay For Personal Protective Equipment
Labor, Employment & Immigration
The Occupational Safety and Health Administration (OSHA) has published a final rule mandating that that employers pay for...
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November 14, 2007
Proposed Regulations Released on Automatic Enrollment
Employee Benefits and Executive Compensation
On the heels of the Department of Labor’s qualified default investment alternative (QDIA) regulations, the Department of the Treasury released last week proposed regulations on automatic contribution arrangements, providing long-awaited guidance for plan sponsors and fiduciaries.
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November 13, 2007
New PA Realty Transfer Tax Regulations Will Expand Scope of Realty Transfer Tax
Real Estate
Tax
The Pennsylvania Department of Revenue adopted revisions to the Pennsylvania realty transfer tax regulations that drastically alter the taxability of ...
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November 12, 2007
Climate Risks and Opportunities in Power Financing: Imminent or Already Upon Us?
Energy and Project Finance
THE RULES AND RISKS ARE RAPIDLY evolving for financing new power plants and acquisitions...
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November 9, 2007
California Health or Ecological Risk Assessments Must Now Address Vapor Intrusion
Environmental
California has amended both its state Superfund Act and Water Quality Control Act to require that health or ecological risk assessments now include an assessment of vapor intrusion into existing or proposed structures at the site...
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November 8, 2007
ALL US Employers: Universal Alert
Labor, Employment & Immigration
The new I-9 form was released by USCIS on November 7, 2007. The I-9 must be completed by all employers for employees hired in the U.S. after November 6, 1986...
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November 8, 2007
IRS Issues Guidance on Interest Rate and Mortality Table for Calculating Lump Sum Distributions from Defined Benefit Plans in 2008
Employee Benefits and Executive Compensation
On November 6th, the Internal Revenue Service issued Revenue Ruling 2007-67 which provides guidance specifying the interest rate and mortality table used to calculate the present value of a lump sum distribution from a defined benefit pension plan...
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November 6, 2007
Proposed “Green” Amendments to Philadelphia Zoning Code
Real Estate
On October 25, 2007 two bills were introduced in Philadelphia’s City Council that would amend the Zoning Code to incorporate the U.S. Green Building Council’s LEED® rating system...
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November 1, 2007
New York State Attorney General Action Adds to Mortgage Industry Fallout
White Collar Litigation
In what he described as a “industry-wide problem,” New York Attorney General Andrew Cuomo today announced the filing of a lawsuit against...
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October 31, 200
DOL Releases Final Regulations on Default Investments
Employee Benefits and Executive Compensation
On October 24, 2007, the U.S. Department of Labor issued final regulations regarding qualified default investment alternatives (QDIAs)...
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October 30, 2007
Massachusetts Health Care Reform Act Deadlines Approach
Employee Benefits and Executive Compensation
Despite persistent questions about whether certain provisions are preempted by ERISA, The Massachusetts Health Care Reform Act (the Act) has started to apply to employers with...
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October 25, 2007
Insider Trading Prosecutions on the Rise
Securities
White Collar Litigation
At the American Bar Association’s Securities Fraud Conference today, both the Securities & Exchange Commission’s Director of Enforcement and the U.S. Department of Justice’s Assistant Attorney General, Criminal Division, confirmed that investigations and prosecutions of insider trading are on the rise...
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October 23, 2007
IRS Extends Section 409A Transition Relief and Deadlines to December 31, 2008
Employee Benefits and Executive Compensation
On October 22, 2007, the Internal Revenue Service issued Notice 2007-86, which provides relief through 2008 for amending nonqualified...
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October 17, 2007
Draft Regulations for Baltimore Inclusionary Housing Law
Housing
On July 17, 2007, the City of Baltimore became one of few major American cities to enact an Inclusionary Housing ordinance. Ordinance 07-474 requires developers...
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October 15, 2007
Arizona Industrial Commission Announces Minimum Wage For 2008
Labor, Employment & Immigration
Effective January 1, 2008, Arizona’s minimum wage will be $6.90 per hour. When Arizona voters passed the Minimum Wage Act in November of 2006, they provided that...
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October 11, 2007
NLRB Holds That “Salts” May Not Be Protected By The National Labor Relations Act
Labor, Employment & Immigration
In Toering Electric Company, 351 NLRB No. 18 (Sept. 29, 2007), the National Labor Relations Board (the "Board") held that only those applicants who have a genuine interest in seeking employment with an employer are entitled...
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October 10, 2007
American Electric Power Environmental Settlement Could Cost the Company $4.6 Billion
White Collar Litigation
Environmental
Yesterday the United States Department of Justice (DOJ) announced a landmark settlement agreement between the United States and American Electric Power Service Corp. ...
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October 10, 2007
Court Stops Implementation of DHS “Safe-Harbor” Procedures for Employers Who Receive a “No-Match” Letter
Labor, Employment & Immigration
Today, the United States District Court for the Northern District of California issued a Preliminary Injunction stopping...
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October 8, 2007
House Passes Expansion of Military Extraterritorial Jurisdiction Act
White Collar Litigation
Following a recent incident involving Blackwater USA, in which United States private security contractors working for the State Department allegedly shot seventeen Iraqi civilians, the United States House of Representatives passed the MEJA Expansion and Enforcement Act of 2007 on October 4, 2007.
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October 8, 2007
FMLA “Intermittent” Leave Calculations May Include Holidays
Labor, Employment & Immigration
In a case of first impression, the United States Court of Appeals for the First Circuit ruled that holidays which fall within an employee’s leave period are properly included in the calculation of the employee’s FMLA intermittent leave entitlement.
Read full story »
October 1, 2007
OIG Approves a Hospital’s Proposed Per Diem Payments for Physician Emergency Department On Call Coverage
Health Care
On September 27, 2007, the Department of Health and Human Services Office of Inspector General (OIG) advised a medical center that it would not impose administrative sanctions...
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October 1, 2007
NLRB Rules that Employers Must Bargain Over the Implementation of an Electronic Communication Policy
Labor, Employment & Immigration
In California Newspapers Partnership d/b/a ANG Newspapers, 350 NLRB No 89, 9/10/07, the National Labor Relations Board (NLRB or the Board) addressed an employer’s obligations...
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September 28, 2007
Maryland/DC/Virginia Real Estate Update
Real Estate
This Ballard Spahr e-Alert is a reminder to developers and homebuilders in Maryland to take particular note of two new pieces of legislation going into effect October 1, 2007...
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September 28, 2007
Changes to Veterans’ Reporting Requirements
Labor, Employment & Immigration
Effective December 2003, the Jobs for Veterans Act (JVA) amended the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) to raise...
Read full story »
September 26, 2007
SEC Staff Issues Reminder to Maintain the Privacy of Rule 22c-2 Information
Investment Management
On August 21, 2007, the staff of the Securities and Exchange Commission (SEC) issued a letter to the Investment Company Institute (ICI) in which the SEC staff asked the ICI to remind its members to...
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September 26, 2007
Court Case Provides Guidance on Securitized Lending Issues
Real Estate
A recent District Court of Massachusetts decision of first impression should make guarantors more wary about the conduct of single purpose entities and independent directors.
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September 25, 2007
NJDEP to Target Cleanup Sites for Enforcement of Monitoring and Reporting Conditions in No Further Action Letters
Environmental
Those who have benefited from New Jersey's risk-based cleanup initiatives may now face penalties for failing to maintain property access and engineering controls...
Read full story »
September 21, 2007
Court of Appeals Finds that a Failure-to-Design-and-Construct Claim Under the FHA Must be Brought Within Two Years of the Completion of Construction
Litigation
In a ruling beneficial to developers of multi-family housing (including owners, builders, designers, and architects), the Ninth Circuit Court of Appeals has just determined that...
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September 18, 2007
New Jersey Supreme Court Strikes Down Nationwide Class Certification
Product Liability and Mass Tort
In a unanimous per curiam decision, the New Jersey Supreme Court in International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck, A-22-06 (New Jersey Supreme Court, September 6, 2007), recently reversed an Appellate Division decision...
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September 18, 2007
Tipping Point? The Third Circuit Rules That FDA Regulations Preempt Consumer Protection Claims Attacking Prescription Drug Advertising
Product Liability and Mass Tort
Last month, a divided panel of the Court of Appeals for the Third Circuit ("Third Circuit") issued an opinion that should have a significant impact on pharmaceutical litigation...
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September 18, 2007
Controlling Product Liability Risks for Imported Products
Product Liability and Mass Tort
The news media is now abuzz with reports of recalls of defective products traced to international manufacturers. Mattel alone has recalled nearly 19 million potentially unsafe toys worldwide...
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September 18, 2007
When Will Paying Too Much Cost You Too Much?: Financial Ties and the Inference of Bias in Prescriber/Consultant Cases
Product Liability and Mass Tort
Drug and medical device manufacturers may need to think twice about the exact nature of any "consulting relationships" they may enter into with prescribing physicians...
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September 18, 2007
I-9 Revisions Delayed
Labor, Employment & Immigration
The long-overdue rollout of a revised I-9 Form and procedures has been delayed yet again. The Department of Homeland Security had announced that it would release a new Form I-9 and a reduced list of acceptable documents...
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September 18, 2007
Award to Honor Alan J. Davis
This summer, following the untimely death of our partner Alan J. Davis, the firm created a new pro bono award to honor Alan’s legacy ...
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September 11, 2007
IRS Extends Section 409A Documentation Compliance Deadline to December 31, 2008; Much Remains to be Done in 2007
Employee Benefits and Executive Compensation
Read full story »
September 4, 2007
Tilting at Windmills: Even Wind Power Projects Face Environmental Challenges
Environmental
Energy and Project Finance
With greater attention being paid to global warming impacts attributed to carbon emissions from burning fossil fuels, "cleaner" alternative energy projects have been generating significant interest and investment as a means for accommodating growing energy demand.
Read full story »
August 29, 2007
OSHA Issues Interim Final Rule On Procedures For Environmental Whistleblower Suits
Labor, Employment & Immigration
Environmental
The Occupational Health and Safety Administration ("OSHA"), a division of the Department of Labor ("DOL"), has issued and released for public comment its interim final rule governing...
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August 27, 2007
Baltimore Changes Eviction Procedures
Real Estate
A new law recently passed by the Baltimore City Council significantly changes procedures for disposing of tenant property following residential evictions in Baltimore City.
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August 27, 2007
NJDEP Proposes New Public Notice Requirements For Site Remediation
Environmental
On August 6, 2007, pursuant to the New Jersey Brownfield and Contaminated Site Remediation Act at N.J.S.A. 58:10B-24.3(b), the State of New Jersey, Department of Environmental Protection ("NJDEP") proposed amendments to the Technical Requirements for Site Remediation...
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August 24, 2007
New Regulations Add Significant Requirements To California’s Sexual Harassment Training Law
Labor, Employment & Immigration
California’s sexual harassment training law (AB 1825), passed in 2004, requires covered employers to conduct sexual harassment training for all supervisors in California. New regulations intended to clarify the law became effective August 17, 2007.
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August 16, 2007
Extended Comment Period Ending for Two NJDEP Rule Proposals
Environmental
An extended public comment period will close on Monday, August 20, 2007, for two rule proposals announced by the State of New Jersey, Department of Environmental Protection...
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August 15, 2007
Congressional Report Finds That SEC Squandered Important Insider Trading Investigation and Recommends Reforms
Securities
White Collar Litigation
Last Friday, the Senate Judiciary Committee and Finance Committee (collectively, the "Committees") issued a report (the "Report") regarding a year-long investigation into the United States Securities and Exchange Commission’s (the "SEC") firing of Gary Aguirre, the lead SEC attorney investigating suspicious trading by Pequot Capital Management ("Pequot"), a $7.4 billion hedge fund, in advance of General Electric Capital Corp.’s ("GE") announcement that it would acquire Heller Financial Inc ("Heller").
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August 14, 2007
OIG Nixes a Hospital’s Proposed Purchase of an Interest in a Physician-Owned ASC
Health Care
On June 19, 2007, the Department of Health and Human Services Office of Inspector General ("OIG") declined to give anti-kickback safe harbor protection to a hospital’s proposed purchase of...
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August 14, 2007
OIG Rejects DME Supplier’s Proposal to Provide Prospective Patients with Free Health Assessments
Health Care
On July 23, 2007, OIG issued Advisory Opinion 07-08, denying a durable medical equipment ("DME") supplier’s proposal to provide free in-home congestive heart failure ("CHF") assessments to its prospective patients...
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August 14, 2007
Potential Revisions to Community Benefit Requirements of Tax-Exempt Hospitals on the Horizon
Health Care
Two recently issued reports of the Senate Finance Committee minority staff and the Internal Revenue Service ("IRS") demonstrate...
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August 14, 2007
FTC Finds Consummated Hospital Merger Anticompetitive, But Orders Structural Relief, Not Divestiture
Health Care
In a unanimous decision issued on August 6, 2007, the Federal Trade Commission ruled that Evanston Northwestern Healthcare Corporation’s ("ENH") acquisition of Highland Park Hospital in 2000 was anticompetitive, violating...
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August 14, 2007
Health Care Newsletter
Health Care
It’s been such a busy summer on the health care regulatory front that we’ve combined our regular alerts into a single newsletter for your convenience. This newsletter features short summaries on...
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August 13, 2007
New Administration Immigration Enforcement Initiatives Including Social Security No-Match Regulations
Labor, Employment & Immigration
On August 10, 2007, the Secretary of Homeland Security, Michael Chertoff, and the Secretary of Commerce, Carlos Gutierrez, announced a series of reforms that the Bush Administration will implement to address border security and employment immigration sanctions...
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August 8, 2007
Court of Appeals Finds FBI Violated the Speech or Debate Clause of the Constitution
White Collar Litigation
On August 3, 2007, the United States Court of Appeals for the District of Columbia Circuit found that a raid of U.S. Representative William J. Jefferson’s congressional office by the Federal Bureau of Investigation...
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August 7, 2007
Pharmaceutical and Medical Device Litigation Client Update
Product Liability and Mass Tort
Over a strongly-worded dissent, the high court of West Virginia has become the first such court to reject the learned intermediary doctrine, and it has rejected the doctrine broadly, regardless of whether...
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August 7, 2007
Conviction In First Options Back-dating Trial
White Collar Litigation
Today a federal jury returned guilty verdicts on all counts against Gregory Reyes, the former CEO of Brocade Communications Systems, Inc. in the first federal criminal trial relating to options back-dating...
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August 6, 2007
New Developer Requirements in Maryland and the District of Columbia
Real Estate
On July 3, 2007 the Montgomery County Council passed Bill 7-07, as emergency legislation. This legislation amends Chapter 53A of the County Code which governs the sale of residential rental facilities containing four (4) or more residential units...
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August 6, 2007
New Jersey Supreme Court Expands Coverage of State Whistleblower Law
Labor, Employment & Immigration
In a 5-1 decision, the New Jersey Supreme Court ruled that the protections guaranteed to employee whistleblowers under the New Jersey Conscientious Employee Protection Act (CEPA or Whistleblowers Act) also apply to certain individuals designated as independent contractors...
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August 1, 2007
National Procurement Fraud Task Force Legislation Committee Proposes Legislative and Regulatory Reforms
White Collar Litigation
On July 9, 2007, the National Procurement Fraud Task Force (the “Task Force”) Legislation Committee transmitted a white paper entitled “Procurement and Grant Fraud: Legislative and Regulatory Reform Proposals” to the United States Department of Justice addressing proposed legislative and regulatory reforms...
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August 1, 2007
SEC Issues Cease and Desist Order with Respect to Fair Valuation Practices
Investment Management
The Securities and Exchange Commission (the "SEC") recently entered a Cease and Desist Order1 with respect to the practices used by Allied Capital Corporation...
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July 31, 2007
Final 403(b) Regulations Released, Finally
Employee Benefits and Executive Compensation
Three and a half years after the publication of the proposed rules, the Treasury Department released final, comprehensive regulations governing retirement plans offered by nonprofit, governmental and church organizations...
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July 30, 2007
SEC Approves PCAOB Auditing Standard No. 5 and Adopts Definition of “Significant Deficiency”
Securities
On July 25, 2007, the Securities and Exchange Commission approved PCAOB Auditing Standard No. 5 and adopted a definition of a "Significant Deficiency" as part of an effort to increase the accuracy and efficiency of financial reporting and to reduce related costs...
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July 27, 2007
Small Business Tax Incentives |
