Twitter LinkedIn

Business Law & Litigation E-Flash

Pennsylvania Imposes New Withholding Requirements on Businesses
November 27, 2017
By: James R. Malone, Jr.

DOH Issues Medical Marijuana Practitioner Rules
April 19, 2017
By: Elizabeth M. Hein, Robin Locke Nagele, and Barbara Rowland

Liability for What Goes on Behind Closed Doors: Sex Trafficking and the Hospitality Industry's Privacy Tightrope
March 28, 2017
By: Abraham J. Rein, Charles W. Spitz, and Marc H. Perry

Temple Provost JoAnne A. Epps, Speaks at Post & Schell's Annual Women's History Month Reception

Pennsylvania Supreme Court to Determine the Scope of Monetary Penalties Allowed Under the Clean Streams Law
February 22, 2017
By: Terry R. Bossert and Aaron S. Mapes

Businesses Taxed As Partnerships Will Face Dramatic Changes to IRS Audit Procedures
February 15, 2017
By: James R. Malone, Jr. and F. Traynor Beck

The Commonwealth Court of Pennsylvania Remands for Further Proceedings a Customer's Complaint that Smart Meters Cause Safety/Fire Hazards and Negative Health Effects
February 14, 2017
By: Devin T. Ryan

Employers Required to Use New Form I-9
January 24, 2017
By: Andrea M. Kirshenbaum

PA DEP Evaluates Itself
January 19, 2017
By: Terry R. Bossert

What Can Slot Machines Tell Oil & Gas Operators About the Treatment of NOLs under Pennsylvania's Corporate Net Income Tax?
November 21, 2016
By: James R. Malone, Jr. and Terry R. Bossert

Federal DEA Guidance Impacts Pennsylvania Medical Cannabis Research
August 22, 2016
By: Robin Locke Nagele and Elizabeth M. Hein

Feds Say All Proposed Federal Actions, No Matter What Size, Should Quantify Expected Greenhouse Gas Emissions
August 10, 2016
By: Aaron S. Mapes and Stephen C. Jones

Seventh Circuit: No Claim for Sexual Orientation Discrimination Under Title VII
August 9, 2016
By: Benjamin L. Shechtman

The Pennsylvania Supreme Court Grants Very Broad Public Access to the Pennsylvania Public Utility Commission's Investigative Documents
May 27, 2016
By: David B. MacGregor and Christopher T. Wright

Department of Labor Announces Final Overtime Rule
May 18, 2016
By: Andrea M. Kirshenbaum

EPA Will Move to Phase Out PCB-Containing Equipment
April 5, 2016

Update on Recent State and Local Tax Developments in Pennsylvania
April 5, 2016
By: James R. Malone, Jr.

Social Media and the NLRA: Lessons for Hospitality Employers from the NLRB's Chipotle Decision
March 28, 2016
By: Charles W. Spitz and Benjamin L. Shechtman

Maiken Scott, Host of WHYY's "The Pulse," Speaks at Post & Schell's Annual Women's History Month Reception
March 4, 2016

The Commonwealth Court of Pennsylvania Affirms That Utilities Can Recover Storm Damage Expenses Through an Automatic Adjustment Clause Outside of a Base Rate Case Proceeding
December 22, 2015
By: David B. MacGregor and Christopher T. Wright

Recent Events Highlight Legionella Risks for Commercial Real Estate, Hospitality, and Health Care Industries
August 21, 2015
By: Paul R. McIntyre and Aaron S. Mapes

FERC Administrative Law Judge Finds Market Manipulation in “Cross-Over” Case
August 19, 2015
By: Christopher J. Barr, , and Abraham J. Rein

HHS's Data Security Problem: Lessons for the Private Sector
August 11, 2015
By: Steven J. Fox and Abraham J. Rein

Potential Class Action Highlights Cyber-Identity Theft Issues in the Tax Industry
April 30, 2015
By: Abraham J. Rein and Carolyn H. Kendall

White Collar Principal Hardy and Associate Kendall Author Guest Blog on SCA Searches for Data Stored Abroad for the Federal Tax Crimes Blog
April 25, 2015

Recent Developments in FTC vs. Wyndham Underscore Importance of Cybersecurity Vigilance in the Hospitality Industry
March 30, 2015
By: Abraham J. Rein and Marc H. Perry

PADEP Unveils Substantial Revisions to Environmental Performance Regulations For Natural Gas Sites
March 11, 2015
By: John W. Dornberger

Pennsylvania Bank Consents to $1.5 Million Assessment for Failing to File Required Suspicious Activity Reports Regarding Transactions by Bank Insider
March 3, 2015
By: Carolyn H. Kendall

Philadelphia's Mandatory Sick Pay Ordinance Signals Businesses to Audit Current Wage Practices
February 24, 2015
By: Kate A. Kleba

Managing Wi-Fi Networks on Business Premises: Aggressive Enforcement and Unanswered Questions
February 2, 2015
By: Abraham J. Rein

Federal District Court Issues Order That Could Discourage Use of EMTALA as a Federal Medical Malpractice Statute
January 15, 2015
By: Donald N. Camhi, Robin Locke Nagele, and Marcie A. Courtney

NJDEP Undertakes Storage Tank Review
January 9, 2015
By: Stephen C. Jones

NLRB's McDonald's Joint Employer Decision Sends Shock Waves Through Franchise Community
September 2, 2014
By:

PA Supreme Court: Second Homeowners Barred from Suing Home Builders for Breach of Implied Warranty of Habitability
August 27, 2014
By: John W. Dornberger

First Circuit Upholds $50 Million Tax Refund for Business Deduction Beyond Single Damages in False Claims Act Settlement
August 17, 2014
By: Barbara Rowland

D.C. Circuit Reaffirms Application of Attorney-Client Privilege to Internal Investigations
July 2, 2014
By: Barbara Rowland

Third Circuit Decision Provides Clarity on Interference vs. Retaliation Under FMLA
July 1, 2014
By: Andrea M. Kirshenbaum

Third Circuit Decision Adopts More Lenient Pleading Standard in False Claims Act Litigation
June 24, 2014
By: Barbara Rowland

Arbitration vs. Litigation: Choosing the Right Strategy for Complex Construction Claims and Disputes
May 27, 2014
By: Gary A. Wilson

Time for Hospitality Employers to Prepare for Affordable Care Act Obligations
April 7, 2014
By:

NLRB's Northwestern Football Ruling Could Prove Disruptive, But Not a Done Deal, Yet
April 2, 2014
By: Kate A. Kleba

Labor Department's Final Rule Dramatically Expands FLSA Coverage for Home Care Workers
September 27, 2013
By: Andrea M. Kirshenbaum

“Scientifically Unsound” DSM-5 May Cause Headaches for Employers
July 2, 2013

CMS's Proposed Rule Would Limit Health System Joint Medical Staffs
February 11, 2013
By: Robin Locke Nagele

OIG Advisory Opinion: Donation of Limited Interfaces and Related Support Services Does Not Violate Anti-Kickback Statute
January 16, 2013
By: Steven J. Fox

New Amendments to the Guidelines for Securities Cases to Take Effect Tomorrow
October 30, 2012
By: Matthew T. Newcomer

U.S. Equal Employment Opportunity Commission Issues Draft Strategic Enforcement Plan
September 10, 2012
By: Andrea M. Kirshenbaum

Third Circuit Provides Guidance on Joint Employer Liability Under FLSA
August 17, 2012
By: Andrea M. Kirshenbaum

Department of Justice Announces Stepped Up Enforcement Efforts Regarding Access of Deaf or Hard of Hearing Individuals to Health Care
August 9, 2012
By: Andrea M. Kirshenbaum

British Bank Under Fire for Alleged Dealings with Iran
August 8, 2012
By: Matthew T. Newcomer

The Fifth Amendment Meets Password Protection
July 6, 2012
By: Abraham J. Rein

Supreme Court Bolsters FLSA Outside Sales Exemption
June 21, 2012
By: Andrea M. Kirshenbaum

New Civil E-Discovery Rules for Pennsylvania Courts
June 11, 2012
By: Ronald H. Levine and Abraham J. Rein

Change May Be Coming to the Federal Sentencing of Corporations
April 24, 2012
By: Abraham J. Rein

First Circuit Court of Appeals Revives Wage & Hour Putative Collective Actions Against Massachusetts Hospitals
April 23, 2012
By: Andrea M. Kirshenbaum

New York Federal Court on Remand Confirms Alarming Expansion of Title VII Exposure and Loss of HCQIA Immunity for Hospitals Sued by Non-Employed Staff Physicians
April 12, 2012
By: Robin Locke Nagele

New Jersey Supreme Court Declines to Hold Charities and Non-Profits Civilly Liable for Employees' Criminal Acts
March 20, 2012
By:

Third Circuit Applies Pennsylvania's At-Will Employment Doctrine and Holds that Hospital Did Not Breach Contract with Terminated Physician
February 8, 2012
By: A. James Johnston and Jonathan B. Sprague

Courts Defer to Law Enforcement on Broad Searches of Digital Devices
February 7, 2012
By: Abraham J. Rein

Frequent Data Breaches Require Review of Outside Contractor Agreements and Practices
October 4, 2011
By: Steven J. Fox

New DPW Requirement to Check Exclusion Lists Monthly
August 19, 2011
By: Paula G. Sanders

Obtaining Federal Grand Jury Materials - Lessons from the Stevens Decision
May 18, 2011
By: Matthew T. Newcomer

Crime Doesn't Pay, But Employers Might, If They Ask About It
April 25, 2011

NLRB Opens Property to Off-Duty Employees of Onsite Contractors
April 8, 2011
By:

NLRB Settles Facebook "Concerted Activity" Case
February 11, 2011

U.S. Supreme Court Recognizes Third-Party Retaliation Claim Under Title VII
January 31, 2011

Day of Reckoning: Reporting HIPAA Breaches to the Government
November 12, 2010

In-House Counsel for a Major Pharmaceutical Company Indicted Yesterday
November 10, 2010
By: Ronald H. Levine

What Every Hospital Executive Needs To Know About Revised Merger Guidelines
October 26, 2010
By: Mark L. Mattioli

Executive Briefing on Revised Merger Guidelines: What Every Hospital Executive Needs to Know
October 21, 2010
By: Mark L. Mattioli

IRS Issues Guidance for Tax Free Reimbursement of Over-the-Counter Medicine and Drug Expenses
September 9, 2010
By: Brian J. Dougherty

Federal Agencies Issue Interim Guidance Under Health Care Reform Law For External Claims Review For Self-Insured Group Health Plans
August 25, 2010
By: Brian J. Dougherty

Pension Benefit Guaranty Corporation Proposes Regulations for Single Employer Pension Plan Liability Related to Substantial Cessation of Operations
August 12, 2010
By: Brian J. Dougherty

Federal Agencies Issue Interim Final Regulations For Internal and External Claims And Appeals Procedures Under Health Care Reform Law
July 23, 2010
By: Brian J. Dougherty

DOL Issues Interim Final Regulations For Fee Disclosure By Pension Plan Service Providers
July 21, 2010
By: Brian J. Dougherty

FMLA Leave is Available to Same-Sex Domestic Partners Standing In Loco Parentis to a Child
June 28, 2010

Federal Agencies Issue Interim Final Regulations For Health Care Reform Coverage Mandates
June 25, 2010
By: Brian J. Dougherty

HHS/DOL/IRS Release Interim Final Regulations for Grandfathered Plans Under Health Care Reform Law
June 18, 2010
By: Brian J. Dougherty

Survivor Business Associates and the Risks of Legacy ePHI
June 17, 2010

DOL Issues Final Regulations Validating Posthumous QDROs
June 10, 2010
By: Brian J. Dougherty

American Needle v. NFL: Everything New is Old Again In Hospital Joint Ventures
June 3, 2010
By: Mark L. Mattioli

Profound Physician Credentialing, Quality Oversight and Board Fiduciary Duty Issues Raised in Connection with Indicted Pediatrician
May 24, 2010
By: Robin Locke Nagele and Brian M. Peters

IRS Issues Final Regulations on Employer Stock Diversification Requirements for Defined Contribution Plans
May 20, 2010
By: Brian J. Dougherty

IRS/DOL/HHS Issue Joint Health Care Reform Regulations Mandating Coverage for Adult Children Under Age 26
May 13, 2010
By: Brian J. Dougherty

HHS Issues Early Retiree Reinsurance Program Regulations Under Health Care Reform Law
May 7, 2010
By: Brian J. Dougherty

IRS Issues Initial Health Care Reform Guidance Addressing Coverage For Children Under Age 27
April 30, 2010
By: Brian J. Dougherty

Third Circuit Rules That Medication Side Effects Can Constitute a "Disability" Under the ADA
April 21, 2010

Federal Agencies Issue Interim Final Regulations For Preventive Care Services
March 27, 2010
By: Brian J. Dougherty

Condominium Association is Not an Intended Third-Party Beneficiary of Lender Financing to Developer
March 23, 2010
By: Edward Hoffman, Jr. and Patrick K. McCoyd

Department of Labor Publishes Proposed Regulations for Investment Advice to Individual Account Plan Participants
March 3, 2010
By: Brian J. Dougherty

DEA's Drug Diversion Focus Underscores Importance of Controlled Substances Compliance and Audit Programs
March 2, 2010
By: Ronald H. Levine and Ross G. Currie

DOL Issues Annual Reporting and ERISA Coverage Guidance for 403(b) Plans
February 26, 2010
By: Brian J. Dougherty

Appeals Court Reaffirms that Health Plan Amendment Violates Pension Plan
February 12, 2010
By: Brian J. Dougherty

Federal Agencies Issue Mental Health Parity Final Interim Regulations
February 5, 2010
By: Brian J. Dougherty

IRS Issues Guidance Under HEART Act
January 27, 2010
By: Brian J. Dougherty

DOL Issues Updated COBRA Notices for Extended Premium Subsidy
January 18, 2010
By: Brian J. Dougherty

IRS Launches Self-Correction Program For 409A Document Failures
January 15, 2010
By: Brian J. Dougherty

Congress Extends COBRA Subsidy for Involuntarily Terminated Employees
December 23, 2009
By: Brian J. Dougherty

IRS Announces Remedial Amendment Period for 403(b) Plans
December 15, 2009
By: Brian J. Dougherty

IRS Grants One Year Extension For Selected PPA Plan Amendments
December 14, 2009
By: Brian J. Dougherty

Class Action Wage-Hour Suits Filed Against Pennsylvania Hospitals
November 24, 2009
By: Andrew W. Allison

IRS Extends Deadline for Reductions to Cash Balance Plan Interest Rates
November 11, 2009
By: Brian J. Dougherty

The FMLA Changes...Again -- Immediate Employer Action Required
October 30, 2009
By: Claudia M. Williams

H1N1 Pandemic Preparedness in the Workplace
October 20, 2009
By: Claudia M. Williams

EEOC Issues Proposed ADAAA Regulations
September 30, 2009

IRS Issues Guidance for Relief from 2009 Required Minimum Distributions
September 29, 2009
By: Brian J. Dougherty

White Collar Update: Insulating Your Organization from Prosecution has Gotten Tricky in the Globalization Era
September 25, 2009
By: Ronald H. Levine

IRS Publishes Guidance to Encourage Retirement Savings
September 22, 2009
By: Brian J. Dougherty

Federal Appeals Court Restores Retiree Medical Benefits, Effectively Nullifies "Reservation of Rights" in SPDs
September 18, 2009
By: Brian J. Dougherty

Governance Update: Supreme Court's Conrad Black Decision May Limit Claims of "Honest Services" Fraud
September 14, 2009
By: Ronald H. Levine

EPA Continues to Address Disposal of Unused Pharmaceuticals
September 11, 2009
By: Terry R. Bossert

Third Circuit Reinstates Homosexual Employee's Sexual Harassment Claim
September 1, 2009

NPDB Guidance Re-Affirms Breadth of Hospital Reporting Obligations
August 24, 2009
By: Robin Locke Nagele and Ross G. Currie

Hospital Class Action Seeks to Recover Overcharges for Plasma Derivative Products
August 4, 2009
By: Mark L. Mattioli

DOL Issues Form 5500 Relief for 403(b) Plans
July 22, 2009
By: Brian J. Dougherty

Seventh Circuit Denies Rehearing of Dismissal of Challenge to 401(k) Fee Arrangements
July 6, 2009
By: Brian J. Dougherty

Third Circuit Clarifies "Management Level Employee" Test for Purposes of Determining Employer Liability for Co-Worker Sexual Harassment
June 11, 2009

Fraud Enforcement and Recovery Act Expands Potential False Claims Act Exposures
June 8, 2009
By: John N. Joseph and Ross G. Currie

IRS Proposes Reduction or Suspension of 401(k) Safe Harbor Nonelective Contributions by Financially Distressed Employers
May 20, 2009
By: Brian J. Dougherty

Enforcement Related to Off-Label Marketing and Use of Drugs and Devices: Where Have We Been and Where Are We Going?
May 1, 2009
By: John N. Joseph

IRS Proposes Sample Plan Language and Procedure for Approval of Section 403(b) Prototype Plans
April 17, 2009
By: Brian J. Dougherty

IRS Issues Detailed Guidance for Implementation of COBRA Premium Subsidy
April 7, 2009
By: Brian J. Dougherty

HIPAA Enforcement Provides Template for Enforcement of Upcoming "Red Flag Rules" Requirements for Identity Theft Prevention Programs
April 3, 2009

The Economic Stimulus Package May Stimulate Environmental Regulation
April 2, 2009
By: Terry R. Bossert

Risk Prevention/Management Advice to Hospitals Regarding Document-Sharing Technology
April 1, 2009
By: Steven J. Fox

DOL Issues Model Notices and Forms for New COBRA Subsidy
March 27, 2009
By: Brian J. Dougherty

EPA Announces Proposed Rule for Mandatory Greenhouse Gas Reporting
March 19, 2009
By: Terry R. Bossert

IRS Issues Final Regulations for Automatic Contribution Arrangements
March 3, 2009
By: Brian J. Dougherty

IRS Continues to Crack Offshore Bank Secrecy - Risks Mount
February 20, 2009
By: Matthew T. Newcomer

Stimulus Act Provides New COBRA Subsidy
February 19, 2009
By: Brian J. Dougherty

Seventh Circuit Affirms Dismissal of Challenge to 401(k) Fee Arrangements
February 17, 2009
By: Brian J. Dougherty

DOL Publishes Defined Benefit Plan Annual Funding Model Notice and Related Guidance
February 16, 2009
By: Brian J. Dougherty

Third Circuit Reaffirms Need for Healthcare Organizations to Substantiate Fair Market Value of Personal Service Arrangements
February 6, 2009
By: John N. Joseph and Paula G. Sanders

President Signs Law Easing Pay Discrimination Suits For Plaintiffs
February 3, 2009
By: A. James Johnston, Andrew W. Allison, and Sidney R. Steinberg

Two Courts Close The Door On Retroactive Application of ADA Amendments Act
January 27, 2009

New Jersey Employers Must Provide Paid Leave Notice to Employees
December 12, 2008
By: Claudia M. Williams

Government Tightens Enforcement Net Around Foreign Accounts
December 4, 2008

Identity Theft Prevention Program Deadline Postponed; Overview of Program Requirements
November 25, 2008
By: Steven J. Fox

DOL Issues Final FMLA Regulations
November 20, 2008
By: A. James Johnston, Andrew W. Allison, Sidney R. Steinberg, and

Employers Who Desire Union Free Status Must Act Now
November 10, 2008
By: , Andrew W. Allison, Sidney R. Steinberg, and A. James Johnston

President Signs Legislation Amending the Americans With Disabilities Act
October 1, 2008
By: Jonathan Z. Cohen and Sidney R. Steinberg

Pennsylvania Senate Committee Clears the way for End of Mandatory Overtime
September 26, 2008
By: Andrew W. Allison and

HIPAA Lessons Learned From HHS-Providence Resolution Agreement
September 24, 2008
By: Steven J. Fox

Labor Union Practice of "Tagging" Violates Driver's Privacy Protection Act
September 22, 2008
By: Ross G. Currie

FTC Announces Two Public Workshops and Roundtables on Emerging Health Care Competition and Consumer Issues
September 22, 2008
By: Mark L. Mattioli

EEOC Issues Guidance on Applying Performance and Conduct Standards to Employees With Disabilities
September 22, 2008

Employers Must Pay Employees for Bloodborne Pathogen Testing and Follow-Up, and Reimburse Related Travel Expenses
September 12, 2008
By: Ross G. Currie

The Supreme Court Provides Collateral Attack Opportunities to Defendants Convicted of Money Laundering
September 9, 2008

Health Care Providers and the Red Flag Rules: Time is Running Out
August 21, 2008
By: Steven J. Fox

NY Court Gives Boost To RN Wage Antitrust Cases: Certifies Class, But Leaves Individual Damages Decision For Another Day
August 6, 2008
By: Mark L. Mattioli

NLRB General Counsel Issues Guidelines for Worker Political Advocacy Cases
July 30, 2008
By:

EEOC Issues Guidance on Religious Discrimination and Accommodation in the Workplace
July 25, 2008

Pennsylvania Enacts Climate Change Legislation
July 15, 2008
By: Terry R. Bossert

OIG Advisory Opinion on Test Tube Labeling Reinforces Risks of "Small Extras"
June 30, 2008
By: Robin Locke Nagele, John N. Joseph, and Ross G. Currie

Pennsylvania's New Smoking Ban Will Change the Rules of Most Workplaces
June 27, 2008
By: Claudia M. Williams

Hospital Not Liable for Disability Discrimination Against Physician Who Posed Direct Threat to Patient Safety
June 23, 2008
By: Mark L. Mattioli, Ross G. Currie, and A. James Johnston

Federal Appeals Court Reverses Kadlec And Eases Hospital Disclosure Obligations
May 22, 2008
By: Robin Locke Nagele, Kathleen Chancler, Mark L. Mattioli, and Ross G. Currie

Court Rejects Hospital Antitrust Suit Against Supplier for Anticompetitve Pricing
May 20, 2008
By: Mark L. Mattioli

Nursing Wage Antitrust Cases Still Viable, But Kansas Prevents Use of Antitrust Laws In Labor Dispute
April 24, 2008
By: Mark L. Mattioli

John Joseph Presenting with Lew Morris, Counsel to the Inspector General for the Department of Health and Human Services, at the HCCA's 12th Compliance Institute
April 1, 2008
By: John N. Joseph

Do You Know Your Carbon Footprint - Should You?
February 25, 2008
By: Terry R. Bossert and Michael W. Hassell

Post & Schell Compliance Alert!
February 5, 2008
By: John N. Joseph and Robin Locke Nagele

E-Discovery Mishap Costs Company $8 Million and a Patent
January 29, 2008
By: Andrew W. Allison, Mark L. Mattioli, Gary A. Wilson, and Ross G. Currie

Pennsylvania Enacts Uniform Environmental Covenants Act
January 14, 2008
By: Terry R. Bossert

Employee's Communications with his Attorney via Hospital E-Mail System Waives Attorney-Client Privilege
November 19, 2007
By: Mark L. Mattioli

Recovering Attorneys' Fees in Environmental Litigation
September 11, 2007
By: Terry R. Bossert

Nursing Wage Antitrust Lawsuit Against Hospitals Allowed to Proceed: Is Pennsylvania Next?
May 15, 2007
By: Mark L. Mattioli

U.S. Supreme Court Weighs In On Global Warming
April 10, 2007
By: Terry R. Bossert