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Alert | Banking & Financial Institutions Alert
Jun 9, 2015 | U.S. Supreme Court Says No to Lien Stripping in a Chapter 7 Bankruptcy
On June 2, 2015, the United States’ Supreme Court issued the opinion in the case of Bank of America v. Caulket, where the Court ruled that a Debtor whose home is ‘underwater’ cannot “Strip off” or void a junior lien when filing for Chapter 7 Bankrupt...Alert | Homebuilders and Construction Industry Alert
Jun 4, 2015 | Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence
By Tom Wert, Board Certified Specialist – Construction Law On May 22, 2015, a Florida appellate court issued an opinion, which highlights the importance of gathering and presenting sufficient evidence to support claims, especially when bringing a...Alert | Energy, Utilities, Oil & Gas Alert
Jun 3, 2015 | Ohio Supreme Court Accepts Review of Certified Question from Ohio Federal Court in Royalty Case
Today the Ohio Supreme Court accepted review of a certified question from the Northern District of Ohio federal court in a case that is significant to the oil and gas industry in Ohio. The accepted certified question is: “Does Ohio follow the ‘at the...Alert | Employment Services Alert
Jun 2, 2015 | Supreme Court Rules against Abercrombie In Religious Bias Suit
On June 1, 2015, the Supreme Court ruled in favor of the U.S. Equal Employment Opportunity Commission in its suit against Abercrombie & Fitch Stores Inc. for failure to hire applicant Samantha Elauf. The Supreme Court reversed a Tenth Circuit decisio...Alert | Employment Services Alert
Jun 2, 2015 | NLRB "Ambush Elections" Rule Upheld by Texas Court
This is for all the naysayers who have not heeded the warning that the NLRB’s Ambush Elections are real. For the companies that have not evaluated their workforce, their job description, or their emergency response plan for when they receive a petiti...Alert | Construction Industry Alert
May 27, 2015 | Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay
By Tom Wert, Board Certified Specialist – Construction Law On May 8, 2015, a Florida appellate court held that § 95.11 (3) (c) Florida Statutes, which establishes the statute of repose in construction cases, clearly and unambiguously provides that...Alert | Employment Services Alert
May 19, 2015 | Tibble v. Edison International - Must ERISA Fiduciaries Re-Consider Past Actions to Avoid an Extended Period of Limitations for Breach of Fiduciary Duty Claims?
On May 18, 2015, in Tibble v. Edison International, the U.S. Supreme Court unanimously vacated and remanded a Ninth Circuit decision that breach of fiduciary duty claims made by the participants and beneficiaries of the Edison 401(k) Savings Plan (th...Alert | Homebuilders and Construction Industry Alert
May 18, 2015 | Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty
By Tom Wert, Board Certified Specialist – Construction Law Recently, a Florida appellate court weighed in on the kind of evidence necessary to prove loss of use damages on a construction project as a result of delays caused by an architect’s defec...Alert | Corporate Compliance Alert
May 15, 2015 | Identity Theft through Breach of Third-Party Vendor Systems on the Rise
Many companies outsource portions of their business activity to outside vendors, including tasks such as payroll, mail-order or online purchasing, credit card processing, and a multitude of other functions. However, third-party vendors are an increas...Alert | HIPAA Alert
May 12, 2015 | The Word is Out: HIPAA Audits are set to Recommence Soon
The Health & Human Services’ Office for Civil Rights (OCR) is now gearing up for the second round of HIPAA compliance audits this year. Covered healthcare entities and their business associates (BAs) are advised that the audits are expected to focus...Alert | Drug & Pharmacy Alert
May 11, 2015 | Compounded Drugs Marketed to TRICARE Beneficiaries Undergoing Close Examination by Federal Investigators
Ongoing investigations by both the Department of Defense (DOD) and a major U.S. media organization allege that suspicious marketing and prescribing activities have led to astronomical increases in TRICARE costs for compounded medications. According t...Alert | Drone Alert
May 6, 2015 | FAA Launches Commercial Drone "Pathfinder" Program
In our February 16, 2015 client alert titled “FAA Proposes New Rules on Commercial Drones,” we noted that the Federal Aviation Administration (the “FAA”) had proposed rules requiring, among other things, that all commercial drones must fly within t...Alert | Transportation Alert
May 4, 2015 | TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers
A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...Alert | Employment Services Alert
Apr 22, 2015 | Equal Employment Opportunity Commission Issues Proposed Regulations on Wellness Programs and the Americans with Disabilities Act
Corporate wellness programs, which typically use financial or other incentives to encourage workers to participate in wellness programs, have surged in popularity over the last several years, spurred on by companies seeking ways to lower healthcare c...Alert | Business Services Alert
Apr 21, 2015 | Department of Labor Proposed Fiduciary Rule Revises and Updates the Regulation of Investment Advice to Plans and IRAs
By David C. Strosnider On April 14, 2015, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“Notice”) that, if adopted, would have a significant impact on persons who provide “investment advice” to an employee benefit plan (“...Alert | Drug & Pharmacy Alert
Apr 10, 2015 | Aetna Fined $1 Million for Misleading Pharmacy Benefit Customers
Late last week, the Centers for Medicare & Medicaid Services (CMS) issued a Notice of Imposition of Civil Money Penalty to Aetna to the tune of $1 million for erroneously identifying nearly 7,000 non-network retail pharmacies as “retail in-network” f...Alert | Banking & Financial Institutions Alert
Apr 8, 2015 | FDIC Promotes a Risk-Based Approach for Banks
The FDIC recently provided guidance that encouraged financial institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers, without regar...Alert | Employment Services Alert
Apr 1, 2015 | President Obama Vetoes Senate Attempt to Kill New "Ambush Election" Rule
On Tuesday, President Barack Obama used just the fourth veto of his presidency to block a Senate joint resolution that would have killed the new National Labor Relations Board’s “Ambush Elections” rule providing for, among other things, speedier unio...Alert | Employment Services Alert
Mar 25, 2015 | Pregnancy Discrimination Case against UPS is Revived
The U.S. Supreme Court issued a decision today that revived a female driver’s case against UPS which alleged that the company violated the Pregnancy Discrimination Act when it failed to offer light duty work to her after her physician advised her tha...Alert | Employment Services Alert
Mar 16, 2015 | FINAL COUNTDOWN…Less than One Month to Prepare for Ambush Elections
The most significant changes to federal labor law in the past 50 years are set to take effect on April 14, 2015. President Obama has promised to veto any attempt by Congress to stop it, and Congress does not have enough votes to override the veto. Al...
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