Duane Morris Construction Law damages construction_law lost_profits michael_w._o'hara new_jersey | General | Monday February 20, 2012 | By Michael W. O'Hara

In C.H.S. Construction Co., Inc. v. Mast Construction Services, Inc., 2012 N.J. Super. LEXIS 337 (App. Div. February 16, 2012), New Jersey’s Appellate Division upheld the dismissal of a construction manager’s claim under an alleged teaming agreement, due to...

Duane Morris Construction Law and enrichment subcontractor payment kearney sloan act pennsylvania provisiosn pencoyd unjust contractor pay-if-paid | General | Friday February 17, 2012 | By Patrick J. Kearney

Last summer, the United States Court of Appeals for the Third Circuit issued a precedential opinion in Sloan Co. v. Liberty Mutual Ins. Co. , 653 F.3d 175 (3d Cir. 2011), that had broad implications for the construction community, because it affirmed an...

Duane Morris Construction Law development construction jersey new sda schools authority christie school kearney | General | Thursday February 16, 2012 | By Patrick J. Kearney

On February 15, 2012, Governor Chris Christie announced his recommendation of twenty new capital school construction projects in eighteen municipalities.  These new school projects will be financed and administered through the New Jersey Schools...

Duane Morris Construction Law nicole_woolard false_claims false_claims_accounting patrick_mcgeehin richard_dyer false_claims_liability pat_mcgeehin | General | Thursday February 16, 2012 | By Richard P. Dyer

For those who have been following the developments in the false claims arena, you no doubt have that lingering thought that one of your or your client’s claims will inevitably attract a response that everyone loathes and fears – it’s a false claim!   For...

Duane Morris TechLaw company target password security attack risk breach sinrod | Information, Technologies and Telecom | Tuesday February 14, 2012 | By Eric J. Sinrod

Business want to know whether they are potential targets for security breaches, and if so, they seek to identify the types of electric records that may be at risk. The Trustwave 2012 Global Security Report sheds some light on these concerns by ...

Duane Morris Construction Law colorado_construction_safety_laboratory matthew_hallowell worker_safety leed construction martin | General | Tuesday February 14, 2012 | By Stan Martin

A troubling report has been injected into the “feel good” aura of LEED construction.    Matthew Hallowell, a professor at the University of Colorado Boulder, has confirmed via research and study that LEED projects carry an increased risk of...

Duane Morris Sports Law investment franchises investors los_angeles_dodgers new_york_mets ownersheip sale kenneth_shropshire media_rights | General | Monday February 13, 2012 | By Kenneth L. Shropshire

The reasons for sports franchise ownership are complex. Making a good “investment” in the traditional return on investment sense, can be a much smaller piece of the decision tree than many might presume. My coauthor Scott Rosner and I write about this in our...

Duane Morris Sports Law sports kenneth_shropshire phil_griffin jeff_moorad baseball statistics villanova_law_school business success moneybal sports_law billy_beane omar_minaya | General | Saturday February 11, 2012 | By Kenneth L. Shropshire

“How do we come to our decisions?”   Omar Minaya asked, reflecting on his read of Moneyball.   Via the camouflage of baseball as the substance of discussion Moneyball unwittingly compels us to reflect on decision making and how we do it. In...

Duane Morris Construction Law small_business_size_standard andrew_mishkin sba federal_contracting_preference small_business_administration | General | Friday February 10, 2012 | By Andrew E. Mishkin

The Small Business Administration (SBA) today announced final revised size standards for qualification as a small business in the Professional, Scientific and Technical Services sector of the North American Industry Classification System (NAICS).   A...

Duane Morris Appellate Law constitution jersey rivera-soto rabner dubitante new christie stern court nj supreme henry | General | Friday February 10, 2012 | By Charles M. Hart

New Jersey Governor Chris Christie recently announced two Supreme Court nominees, heralding his appointment of an openly gay African-American and a Korean-American as “historic” for the diversity they would bring to the Supreme Court.   It seems an...

Duane Morris Construction Law new_jersey construction prompt_payment_law michael_w_o'hara | General | Friday February 10, 2012 | By Michael W. O'Hara

In 2006, the New Jersey’s Legislature’s adoption of amendments that broadened considerably the reach of New Jersey’s Prompt Payment Law, N.J.S.A. 2A:30A-1, et seq. (“PPL”), were widely publicized.   Since then, not a single published judicial decision...

Duane Morris Construction Law nuclear_power_plant nrc nuclear power_plant brian_j_markowitz | General | Friday February 10, 2012 | By Brian J. Markowitz

According to USA TODAY :   “ The Nuclear Regulatory Commission approved the nation's first nuclear power plant in a generation on Thursday, clearing the way for Atlanta-based Southern Co. to build two reactors at its Plant Vogtle site near...

Duane Morris Construction Law vogtle regulatory commision combined nuclear ap1000 nrc kearney licenses reactor | General | Friday February 10, 2012 | By Patrick J. Kearney

On February 9, 2012, the Nuclear Regulatory Commission (NRC) announced it concluded its mandatory hearing on Southern Nuclear Operating Company’s (SNC) application for two Combined Licenses (COL) at the Vogtle site in Georgia, and that in a 4-1 vote, the NRC...

Duane Morris Construction Law construction design-build tappan_zee michael_hogan bidders | General | Friday February 10, 2012 | By Michael J. Hogan

The New York State Department of Transportation and the New York State Thruway Authority recently released the list of qualified bidders for the replacement of the Tappan Zee Bridge spanning the Hudson River.   Four design-build consortiums were deemed...

Duane Morris Sports Law media_rights kenneth_shropshire ncaa athletes bill_russell oscar_robertson student | General | Thursday February 09, 2012 | By Kenneth L. Shropshire

In the lawsuit led by former UCLA basketball star Ed O’Bannon including Bill Russell and Oscar Robertson, an important ruling was issued by U.S. Magistrate Judge Nathanael Judge Cousins.   Cousins denied the requests for the discovery of documents that...

Duane Morris Health Law irs health_care_reform monaco medical_apps tax | Health Law | Thursday February 09, 2012 | By Martin L. Monaco, Jr.

  On February 3, 2012, the Internal Revenue Service issued a proposed rule (REG-113770-10) providing guidance under IRC Section 4191 as to the excise tax imposed on the sale of certain medical devices.   The excise tax, mandated...

Duane Morris Health Law non-profit tax-exempt irs tax hospitals tax_compliance community_health_needs monaco | Health Law | Thursday February 09, 2012 | By Martin L. Monaco, Jr.

According to an Ernst & Young study released February 2, 2012, not-for-profit hospitals spent an average of 11 percent of their total expenses on benefits to their communities in 2009. The study, prepared for the American Hospital Association,...

Duane Morris Construction Law reliance contractor earth_tech engineer subdivision martin | General | Thursday February 09, 2012 | By Stan Martin

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions.   A recent Massachusetts appellate court decision,...

Duane Morris Construction Law terminate sealord insurance liquidate kearney pennsylvania surety first bonds department | General | Thursday February 09, 2012 | By Patrick J. Kearney

On February 8, 2012, the Pennsylvania Insurance Department (the “Department”) announced that the Pennsylvania Commonwealth Court approved its petition to liquidate First Sealord Surety Insurance.   According to the Department's...

Duane Morris Health Law long_term_care:_reform_regulations employers:_reform_updates hospitals:_reform_regulations physicians:_reform_regulations employers:_reform_regulations hospitals:_reform_updates long_term_care:_reform_updates physicians:_reform_updates | Healthcare Reform | Thursday February 09, 2012 | By DuaneMorris3

On February 9, 2012, the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury jointly issued final regulations pursuant to the Affordable Care Act regarding plain-language health insurance plan descriptions....

Duane Morris TechLaw phish scam facebook sinrod timeline spam malware | Information, Technologies and Telecom | Wednesday February 08, 2012 | By Eric J. Sinrod

You may be either "pro" or "con" when it comes to Facebook's new Timeline feature . If you are in the "con" category, you may wish for a solution that will cause the service to revert back to how it was before it changed. But...

Duane Morris on Capital Markets filing_thresholds ftc antitrust spencer hart_scott_rodino hsr filing_fees | M&A | Wednesday February 08, 2012 | By Thomas G. Spencer

The Federal Trade Commission has made its annual adjustments to the thresholds for determining whether a transaction is reportable under the Hart-Scott-Rodino Antitrust Improvements Act.   Under HSR, transactions that satisfy specified thresholds may not...

Duane Morris on Capital Markets political_spending vaughan corporate_governance board disclosure shareholder lobbying political_expenditures | Securities Law | Tuesday February 07, 2012 | By Shelton M. Vaughan, P.C.

Investors and shareholder activists have become increasingly focused on the oversight and disclosure of political expenditures by public companies since the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission , which invalidated...

Duane Morris Health Law clark healthcare_it fda_draft_guidance healthcare fda mhealth health_care mobile_health wireless_health | Health Law | Monday February 06, 2012 | By Lisa W. Clark

‘Mobile health’ (mHealth), which is defined loosely as health care delivered wirelessly, is set to transform health care.   A perfect example is the Ford Motor Company’s ‘Car That Cares,’ which it announced at the 2012 International Consumer Electronics...