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HTMLEducation and Justice Departments Issue Controversial Title IX Guidance on Transgender Students Equating Sex with Gender Identity
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 3, 2016
On May 13, 2016, the U.S. Department of Education, Office for Civil Rights and the U.S. Department of Justice (“the Departments”) issued a Dear Colleague Letter (“DCL” or “guidance”) regarding transgender students (meaning students who identify as a gender that...

 

HTMLOFCCP Implements New Directive on Functional Affirmative Action Programs
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 20, 2016
On April 28, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) rescinded its earlier guidance on Functional Affirmative Action Programs (“FAAPs”) and issued a new enforcement guidance document on this subject, Directive...

 

HTMLEEOC Issues Guidance Relating to Leaves of Absence and the ADA
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 16, 2016
On May 9, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued its guidance, “Employer-Provided Leave and the Americans with Disabilities Act” (“Guidance”). This Guidance addresses the rights of disabled employees who seek leave as a reasonable...

 

HTMLN.Y. Court of Appeals Judges Reject Bid to Broaden Attorney-Client Privilege Rule
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 15, 2016
On June 9, 2016, the New York Court of Appeals, in a 4-2 decision, declined to broaden the common interest exception to New York state attorney-client privilege. The First Department Appellate Division had previously found that the common interest exception could be extended to communications with...

 

HTMLFDA Clarifies Its Position on Several Compounding Issues in New Draft Guidance Documents
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 12, 2016
On April 15, 2016, the U.S. Food and Drug Administration (FDA) announced the release of three new draft guidance documents on drug compounding under Sections 503A and 503B of the Food, Drug, and Cosmetic Act (FDCA).[1] These draft guidance documents cover:

 

HTMLNew York Public Service Commission Energy Market Restructuring May Be Framework for Changes Nationwide
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 3, 2016
The New York Public Service Commission ("PSC") issued a groundbreaking order on May 19, 2016, under its Reforming the Energy Vision ("REV") initiative. The REV’s overarching goal is to empower customers to determine their energy future by increasing the level of...

 

HTMLU.S. Supreme Court Concludes That Implied False Certification Is Allowed but Limited; FCA Liability Is Expanded
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 16, 2016
A business may now not know whether it committed fraud until the government chimes in.

 

HTMLDischarge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 16, 2016
On May 16, 2016, the Supreme Court of the United States handed down its opinion in Husky International Electronics, Inc. v. Ritz, Case No. 15-145.

 

HTMLIRS Proposes New U.S. Tax Reporting by Foreign-Owned U.S. Limited Liability Companies
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 18, 2016
On May 5, 2016, the U.S. Treasury Department announced several actions intended to strengthen financial transparency, including the issuance of proposed regulations that significantly increase the reporting and record maintenance requirements of U.S. disregarded entities owned by foreign persons.

 

HTMLFDA Solidifies Its Position on Certain Compounding Issues in New Guidance Documents
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 20, 2016
On June 9, 2016, the U.S. Food and Drug Administration (“FDA”) published two final guidance documents on drug compounding under Sections 503A and 503B of the Food, Drug, and Cosmetic Act (“FDCA”).[1] These guidance documents cover two topics:

 


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