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Disputed Evidence of Chicken Wings Leads to Denial of Summary Judgment >
November 14, 2016
The Legal Intelligencer
By: Sidney R. Steinberg
Faulty investigations are a consistent theme in findings of pretext. while there certainly is an element of 20-20 hindsight in deconstructing an investigation into a workplace incident resulting in termination, it often seems, when viewed in that light, as though obvious steps have been missed. Such is the case in the recent decision of Connearney v. Main Line Hospitals

Talk Is Cheap: The Misuse of ‘Speaking' Indictments >
November 1, 2016
Business Crimes Bulletin
By: Ronald H. Levine
In white collar fraud, public corruption and other high-profile cases, DOJ prosecutors sometimes go well beyond the"notice" principle and draft thick indictments laying out in conclusory language the regulatory schema surrounding the challenged conduct; public policy rationales for the laws and regulation said to be violated; alleged motives of defendants; and the government's inferences from alleged facts ("connecting the dots") - all under section headings or captions advocating the government's view.

Oil- and Gas-Drilling Regulatory Changes >
October 21, 2016
Pennsylvania Bar Association Shale Energy Law Committee Newsletter - October 2016
By: Lindsay A. Berkstresser
The Pennsylvania Department of Environmental Protection (DEP) proposed several significant amendments to the regulations at 25 Pa. Code Chapter 78 governing oil and gas extraction. The regulations will impact nearly all aspects of oil and gas well development in Pennsylvania. Key components of oil and gas production addressed in the regulations are drilling and extraction permits; treatment of production waste; well drilling, operation and plugging; site restoration; and reporting requirements.

Meaningful Use Audits: Preparation is the Best Representation >
October 18, 2016
AHLA's Journal of Health & Life Sciences Law
By: Steven J. Fox and Cynthia A. Haines
Failing a meaningful use audit means recoupment or repayment of the full meaningful use incentive payment. For Eligible Professionals who have relied on the incentive payments to enhance their electronic health record systems, having to return these payments could be devastating. An adverse audit determination could also result in greater government scrutiny and increased liability for false claims.

Implications of the Medical Marijuana Law for Health Care Providers >
October 11, 2016
The Legal Intelligencer's Life Sciences, Pharmaceuticals, and Health Care Supplement
In April 2016, Pennsylvania enacted ground-breaking legislation on medical marijuana production and distribution that will have a far-reaching impact on the health care industry in Pennsylvania. Post & Schell's Regulated Cannabis Practice Group examines the related legal concerns for health care providers.

Groups Sue to Enjoin DOL's Final Rule on Salary Exemptions >
October 5, 2016
The Legal Intelligencer
By: Andrea M. Kirshenbaum
On May 23, the U.S. Department of Labor published in the Federal Register its long-awaited final rule implementing new minimum salary thresholds for the “white collar” exemptions to the FLSA's overtime requirements. On Sept. 20, 21 states and the U.S.Chamber of Commerce, joined by numerous business groups, filed separate lawsuits seeking to enjoin the final rule from taking effect on Dec. 1.

The Lambis Case and the Future Of 'Stingray' Evidence >
August 22, 2016
By: Abraham J. Rein
In July, for the first time, a federal judge suppressed evidence in a criminal case from a device which, by mimicking a cell tower, can be used to geolocate a cellphone with surprising precision. The device is a cell-site simulator, often referred to as a "stingray." Versions of the stingray have been used by federal law enforcement since at least the 1990s, and controversy has swirled around the device since a government-imposed veil of secrecy began to lift earlier this decade. Where does the recent federal decision fit in this history, and what might its impact be?

Criticism of an Employee Is Not Necessarily ‘Hostile' >
August 10, 2016
The Legal Intelligencer
By: Sidney R. Steinberg

Tip Credit and Pooling Law Challenges Employers >
August 1, 2016
The Legal Intelligencer
By: Andrea M. Kirshenbaum
Andrea Kirshenbaum examines recent litigation against restaurants that has challenged application of the tip credit to servers and other workers who are performing nontipped duties.

Legionella Risks in Building Water Systems >
July 26, 2016
The Legal Intelligencer's 2016 Environmental Law Supplement
By: Paul R. McIntyre
Paul McIntyre and Steve Luttrell examine recent and well-publicized outbreaks of Legionnaires' disease over the last year, and why prospective purchasers of buildings, particularly those in the health care and hospitality industries, should ­consider incorporating Legionella assessments into their pre-acquisition due diligence protocols.

The FMLA Does Not Require a Warm Welcome Back to Work >
July 12, 2016
The Legal Intelligencer
By: Sidney R. Steinberg
In his column for The Legal Intelligencer, Sid Steinberg examines an FMLA case where a Plaintiff alleged retaliation based on treatment she received upon returning to work after FMLA leave.

How Escobar Reframes FCA's Materiality Standard >
July 8, 2016
In Universal Health Services Inc. v. Escobar, the U.S. Supreme Court rejected a bright-line rule on the False Claims Act's materiality standard and adopted a fact-specific standard that will need to be litigated on a case-by-case basis. Thus, despite Escobar's endorsement of the implied false certification theory, it is far from the “victory” that the government and qui tam relators are trumpeting, says Post & Schell's White Collar Group.

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