CFPB Proposal May Expose Financial Institutions To Class Action Litigation
October 29, 2015 In October 2015, the Consumer Financial Protection Bureau (“CFPB”) announced it was considering proposed regulations that would likely expose financial institutions to class action...
View ArticlePennsylvania Employers Face Unemployment Compensation Tax Hike in 2016 and...
January 18, 2016 Employer wage base increased to $9,500, up $500 over last year. Federal Unemployment Compensation (UC) wage base remains at $7,000. Pennsylvania employee UC rate applies to total...
View ArticleIndependent Directors: A Potent Vaccine for Financially Distressed Companies
January 22, 2016 By Nicholas F. Kajon and Lee E. Buchwald When a company is experiencing financial distress, addressing problems as soon as possible is critical to achieving the best outcome. As the...
View ArticleFinal Rule on Reporting and Returning Overpayments – the “60 Day Rule”
February 11, 2016 On February 11, the Centers for Medicare and Medicaid Services (“CMS”) released the display copy of the Final Rule on the Reporting and Returning of Overpayments (“Final Rule”), which...
View ArticleSAMHSA Proposes Rule Modernizing Regulations Regarding Confidentiality of...
February 11, 2016 On February 9, 2016, The Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a proposed rule intended to modernize...
View ArticleBankruptcy Court Authorizes Collection of Withdrawal Liability From...
February 25, 2016 Introduction It is not surprising that bankruptcy courts are often tasked with navigating conflicts between the Employee Retirement Income Security Act of 1974 (“ERISA”)[i] and the...
View ArticleIRS Denies ACO Tax-Exempt Status
April 26, 2016 The IRS just released a letter ruling (PLR 201615022) denying Section 501(c)(3) tax-exempt status to an accountable care organization (ACO) formed by a Section 501(c)(3) health system,...
View ArticleExempt Salary Level DOUBLES — What Should Employers Do Now?
May 25, 2016 On May 18, 2016, the United States Department of Labor (DOL) issued final regulations that will more than double the weekly salary amount required for managerial, administrative and...
View ArticleOSHA Issues New Rules for Reporting Workplace Injuries and Illnesses
May 26, 2016 On May 12, 2016, the Occupational Safety & Health Administration (OSHA) issued a Final Rule imposing new obligations on employers with regard to reporting workplace illnesses and...
View ArticleNew Defend Trade Secrets Act Opens Federal Courthouse Doors to Companies...
June 13, 2016 The newly adopted Defend Trade Secrets Act (DTSA) opens federal courthouse doors to companies seeking to protect their trade secrets “related to a product or service used in, or intended...
View ArticleCMS Proposes Hospital Outpatient Prospective Payment Changes for 2017
On July 6, 2016, CMS released CMS-1656-P, which is the Calendar Year 2017 Hospital Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) Payment System policy changes,...
View ArticleNew Jersey Lenders Beware: Mortgages Securing Future Advances May Lose Priority
A recent opinion by the New Jersey Supreme Court presents a cautionary tale for New Jersey lenders. Most lenders typically rely on the general rule of mortgage priority: “first in time, first in...
View ArticleDefenses to Preference Claims May Exist Outside of Section 547(c):...
A maddening bankruptcy concept among people unfamiliar with bankruptcy law, and certainly to creditors that did business with an entity that later files for bankruptcy, is the preference claim. To be...
View ArticleWhen the Smoke Clears: What Employers Need to Know About Pennsylvania’s New...
On May 17, 2016, Pennsylvania’ Medical Marijuana Act (MMA) went into effect. While it is still in the process of being implemented, employers should understand its provisions and take steps to prepare...
View ArticleGraduate Teaching Assistants Gain Right to Unionize
In an important new decision1, the National Labor Relations Board has ruled that graduate teaching and research assistants may unionize under the protections granted by federal labor law. Reversing an...
View ArticleUsing Estate Planning Techniques to Enhance Tax Savings from an ESOP Transaction
With appropriate planning, an ESOP transaction presents significant opportunities to minimize estate, gift and generation-skipping taxes through the use of such techniques as charitable remainder...
View ArticleLooming Regulations Could Substantially Increase Taxes on Transition of...
The IRS has proposed regulations that could significantly limit a business owner’s ability to transfer business interests to family members in a tax efficient manner. The proposed regulations might...
View ArticlePennsylvania Tax Amnesty Program Available from April 21, 2017 – June 19, 2017
With the enactment of Act 84 of 2016, the General Assembly authorized the Pennsylvania Department of Revenue to administer a PA Tax Amnesty program. The Tax Amnesty program will run from April 21, 2017...
View ArticleUsing Litigation Finance to Monetize an Illiquid and Speculative Asset:...
The Problem We represent the bankruptcy trustee of a company known as MagCorp who, after more than a decade of litigation, obtained a $213 million judgment (currently on appeal) against billionaire Ira...
View ArticleCMS Issues Final Rule Implementing Section 603 of the Bipartisan Budget Act...
On November 1, 2016, CMS issued the long-awaited Final Rule implementing Section 603 of the Bipartisan Budget Act of 2015 relating to payment for certain items and services furnished by off-campus...
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