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HTMLNew York City Employers Should Take Steps to Comply with City's Commuter Benefits Law
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 18, 2016
Private employers with 20 or more full-time, non-union employees in New York City should take steps promptly to ensure compliance with New York City’s Commuter Benefits Law, Local Law 53 (Intro 295-A). The law went into effect on January 1, 2016, but will begin being enforced on July 1, 2016....

 

HTMLCalling or Texting A Customer or Patient? Federal Courts Address Prior Express Consent Under the TCPA
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on February 26, 2016
Federal courts are again addressing what constitutes a person’s “prior express consent” to receive calls on a cell phone made by an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §...

 

HTMLChesapeake Bay Total Maximum Daily Load Implementation
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 2016
In a recent edition of our Energy, Environment and Resources Update, we discussed the then-pending petition for writ of certiorari from a decision of the U.S. Court of Appeals for the Third Circuit upholding the Chesapeake Bay TMDL (Total Maximum Daily Load). On February 29, 2016, the U.S. Supreme...

 

HTMLFederal Court Diversity Jurisdiction Involving Unincorporated REITs: REIT Citizenship Is Based on Citizenship of Its Shareholders
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 11, 2016
On March 7, 2016, the Supreme Court of the United States held that the citizenship of a Maryland real estate investment trust (“REIT”), for diversity jurisdiction purposes, is based on the citizenship of all its members, including its shareholders. In Americold Realty Trust v. ConAgra...

 

HTMLFDA Proposed Rule on Fixed-Combination and Co-Packaged Drugs
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 16, 2016
The U.S. Food and Drug Administration (FDA) published its proposed rule on fixed-combination and co-packaged drugs, which relates to both prescription and over-the-counter (OTC) drug products and to combinations of active ingredients under consideration for inclusion in an OTC monograph. The...

 

HTMLPennsylvania Announces Planned New Methane Rules
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...

 

HTMLFlorida Second District Court of Appeal Weighs In on Consumer Collection Practices Laws
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 3, 2016
Many states have enacted consumer collection practices laws that impose additional hurdles for lenders in their efforts to collect debts and foreclose mortgages. A Florida appellate court has just addressed what it considers may be a case of first impression in Florida: whether a collection...

 

HTMLFERC Declines to Resolve PURPA Dispute
Frederick J. Heinle; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 8, 2016, FERC declined to initiate an enforcement action under the Public Utility Regulatory Policies Act of 1978 (PURPA) in a matter involving a solar developer’s access to Connecticut’s renewable energy procurement program. Allco Renewable Energy Limited (Allco) argued that...

 

HTMLEmployee's Unauthorized, Wholesale Copying of Company Data Ruled Insufficient to Terminate Employee for Cause
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 8, 2016
On February 4, 2016, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that an employee’s copying of confidential data from his company computer to a private backup service was a breach, but not a material breach of his employment agreement. EventMonitor, Inc. v. Leness,...

 

HTMLCalifornia Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 11, 2016
On November 5, 2015, the United States Bankruptcy Court for the Northern District of California issued a “Memorandum re Plan Confirmation” in In re Bowie, Case No. 15-10144 (Bankr. N.D. Cal. Nov. 5, 2015), holding, among other things, that a debtor was precluded from arguing that real...

 


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