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Reliance on Credibility Determination Leads to Denial of Summary Judgment >
October 10, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
Many employment terminations result from employers simply believing one employee�™s version of events over another�™s. This, in turn, is often nothing more than a credibility determination with which courts are generally reluctant to interfere. This is not always the case, however, as exemplified by a recent E.D. Pa. decision.

Court Sides With Employee in Anti-American Bias Discrimination Case >
September 12, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
National origin discrimination claims typically involve allegations of discrimination based on an employee's non-American country of origin. A recent Eastern District involved the atypical claim of alleged national origin discrimination based on anti-American bias. The court denied the employer's motion for summary judgment seeking to dismiss the plaintiff's claim for national origin discrimination stemming from his termination, as well as his age discrimination and retaliation claims.

Rubbing SALT in a Wound? A Look at the Potential State and Local Tax Implications of Telemedicine >
AHLA Connections
By: James R. Malone, Jr.
This article explores the state and local tax implications of telemedicine for providers. First, it introduces some basic principles that limit the power of states to impose taxes on interstate commerce, with a particular focus on the requirements of nexus and apportionment. Second, it summarizes how those limits are evolving as states seek to adapt their tax systems to a marketplace that is largely driven by internet commerce. Third, it explains what the implications of evolving nexus and apportionment standards are for telemedicine providers.

'Similarly Situated' Analysis Warrants Summary Judgment >
August 8, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
The analysis of whether employees are "similarly situated"often determines the success or failure of an employer's defense to a claim of discrimination. The analysis should extend beyond superficial similarities in order to determine whether an employee can establish that his claim is viable.

The 2018 Steel and Aluminum Tariffs - Do Contractors Have Remedies? >
August 3, 2018
The Legal Intelligencer's Construction Law Supplement
By: Mason Avrigian, Jr. and Jeffrey P. Wallack
The Trump administration's imposition of tariffs on steel and aluminum products entering the United States has been the subject of a great deal of discussion, debate and analysis. For those involved in the construction industry, the tariffs raise direct and immediate legal and business issues. Contractors involved in commercial, industrial and public works construction are often required to furnish and use large quantities of various types of steel products, and the tariffs present substantial uncertainty and monetary risk.

9th Circ. Slone Ruling Considers Basis Of Transferee Liability >
August 1, 2018
Law360
By: James R. Malone, Jr.
The Ninth Circuit issued a second opinion on July 24, 2018, in a long-running dispute over transferee liability, ruling that former shareholders of Slone Broadcasting Co. were liable as transferees for its unpaid taxes. The case, Norma L. Slone et al. v. Commissioner of Internal Revenue, merits discussion for two reasons: It illustrates the important role that transferee liability plays in civil tax enforcement and it also illustrates the willingness of courts to focus on substance, not form, in transferee cases.

Environmental Quality Board: Is It Time to Make It Truly Independent? >
July 2018
The Legal Intelligencer's Energy & Environmental Law Supplement
By: Terry R. Bossert and Michael P. Canavan
Nearly 50 years later, one may question whether the EQB is discharging its duties in the manner envisioned by its creators, or ever has. While the EQB has several other duties, the promulgation of regulations has been its primary role. However, the board has had little or no staff throughout its history, usually limited to one "regulatory coordinator." DEP staff drafts (i.e., formulates) proposed regulations. DEP staff then drafts the comment/response document, prepared in response to public comments, without conferring with the EQB.

Court Addresses Sexual Harassment Claim in Context of #MeToo Movement >
July 11, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
The recent decision by the U.S. Court of Appeals for the Third Circuit in Minarsky v.Susquehanna County explicitly references #MeToo as it relates to affirmative defenses to sexual harassment claims in the Third Circuit and may help change that dynamic, particularly as it relates to women not coming forward with complaints against their male supervisors.

The Seizure of Attorney-Client Communications: Fighting Back >
Business Crimes Bulletin
By: Ronald H. Levine
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white-collar criminal investigations due to the convergence of several trends.

Pa. Proposes Significant Increase to Overtime Salary Thresholds >
July 2, 2018
The Legal Intelligencer
By: Andrea M. Kirshenbaum and Benjamin S. Teris
In response to Gov. Tom Wolf's call to “modernize” Pennsylvania's overtime rules, on June 23, the Pennsylvania Department of Labor and Industry (L&I) proposed rulemaking to update the decades-old regulations applicable to three classes of overtime-exempt employees under the Pennsylvania Minimum Wage Act (PMWA): executive, administrative and professional (EAP).

Medicare Advantage Plan Litigation Challenges CMS Interpretation of 60-Day Overpayment Rule >
June 2018 Issue
ABA Health Lawyer
By: Barbara Rowland and Elizabeth M. Hein
Despite years of being promised clarity and consistency in how the 60-Day Overpayment Rule (60-Day Rule) would be applied to Medicare and Medicaid, providers still face different standards for reporting and returning overpayments depending on the government program involved, as well as possible fraud exposure for conduct that may not satisfy the longstanding "knowledge" requirement of the False Claims Act (FCA)

Court Decision Enjoining Salary History Ordinance Leaves Employers in Limbo >
May 9, 2018
The Legal Intelligencer
By: Sidney R. Steinberg
Laws prohibiting prospective employers from asking applicants about their prior wage history have been part of a growing trend across the country. Philadelphia joined that trend in late 2016 when the city council passed an ordinance prohibiting employers from inquiring about a prospective employee's wage history and making it illegal for an employer to rely on wage history at any stage in the employment process when setting the employee's salary.

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