Duane Morris LLP blogs

Corporations Don't Independently Owe Fiduciary Dut...

Duane Morris Delaware Business Law fiduciary_duty | General | Friday August 29, 2014 | By Richard L. Renck

On August 7, 2014, Vice Chancellor Glasscock issued a letter opinion in the matter Buttonwood Tree Value Partners, L.P., et al. v. R.L. Polk & Co., Inc., et al., C.A. No. 9250-VCG that is not attention-grabbing because it wrestles with some nuanced...

This Week in Internet Gaming (Week of Aug. 25-29)

Duane Morris Gaming Law internet_lottery interactive_gaming frank internet_gambling gaming internet_gaming eric_frank gambling | General | Friday August 29, 2014 | By Eric D. Frank

Here is the weekly recap of the top news in the legal world of internet gaming for the week of Aug. 25-29: West Virginia Lottery Considering Online Options Georgia Lottery opposes federal legislation to reinterpret Wire Act to ban internet gaming ...

Reminder: False Claims Act Lessons Are Expensive

Duane Morris Construction Law false_claims_act prevailing_wage treble_damages stan_martin construction | General | Thursday August 28, 2014 | By Stan Martin

A contractor filing false prevailing wage certifications was reminded just how costly it can be to run afoul of a False Claims Act charge.   After a trial on damages, the federal court judge found that the contractor was paid $254,298.18 for the...

Liens with Intentionally Incorrect Information May...

Duane Morris Construction Law General | Tuesday August 26, 2014 | By Adam L. Gill

Generally, lien waivers that contain fraudulent information are not enforceable.   However, not all intentionally misleading statements are fraudulent.   The crux of the issue is whether a lien waiver simply states that the subcontractor has been...

It's a Small World After All

Duane Morris TechLaw wars communication international_trade internet international sinrod | Information, Technologies and Telecom | Tuesday August 26, 2014 | By DuaneMorris3

It just is not realistically possible for countries to be isolationist in this current era. Indeed, the entire world is interconnected by the Internet and other technologies. Consider this fact that shows how the world is becoming smaller as we group...

Fee-Shifting Corporate Bylaws--The Judicial Challe...

Duane Morris Delaware Business Law dgcl bylaws | General | Monday August 25, 2014 | By Richard L. Renck

As discussed in a previous post , the Delaware General Assembly has tabled its consideration of a bill that would ban fee-shifting bylaws for traditional corporations until the next legislative session.   This legislative push followed the Delaware...

Businesses Around the United States Being Targeted...

Duane Morris Banking Law americans_with_disabilities_act ada accessibility physical_barriers websites | General | Friday August 22, 2014 | By DuaneMorris3

While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class action lawsuits against banks for...

Duane Morris' Eric Frank Receives Multiple Recogni...

Duane Morris Gaming Law new_leader_of_the_bar south_jersey_biz_magazine new_jersey_law_journal eric_frank gaming best_attorney new_jersey | General | Friday August 22, 2014 | By DuaneMorris3

Duane Morris gaming attorney Eric Frank of the firm's Cherry Hill office was featured in South Jersey Biz Magazine as one of the regions "Best Attorneys in Business" for Gaming . The New Jersey Law Journal also selected Eric as a...

Are U.S. Companies Violating European Union Privac...

Duane Morris TechLaw safe_harbor_framework ftc privacy center_for_digital_democracy european_union | Information, Technologies and Telecom | Tuesday August 19, 2014 | By DuaneMorris3

Gone are the days when some companies may decide to take lightly the responsibility to safeguard private data. Indeed, many companies have been very earnest in complying with U.S. privacy rules when it comes to sensitive data such as health and financial...

Six-Month Delay Bars Coverage in NJ Under Claims-M...

Duane Morris Insurance Law policy policyholder new_jersey claims insurer | Insurance Business and Regulatory Developments | Tuesday August 19, 2014 | By DuaneMorris3

For a claims-made policy, the policy holder is to provide notice of a claim: (1) during the same policy period in which the policyholder received the claim and (2) “as soon as practicable.” Otherwise, the claim may be denied because of late notice. New...

California Court of Appeal Issues Ruling Regarding...

Duane Morris Insurance Law attorney_fees reasonable_rate california_court_of_appeal market_rate | Insurance Business and Regulatory Developments | Tuesday August 19, 2014 | By DuaneMorris3

A California Court of Appeal has affirmed the concept that a successful defendant who is entitled to an attorney fee award can seek an award which is greater than the fees actually billed by the insurance appointed defense counsel who represented the...

Are Copyrighted Works Only by and for Humans? The...

Duane Morris New Media and Entertainment Law monkey david_slater images artificial_intelligence selfie mark_a_fischer wikimedia ai photography wikipedia mark_fischer photographs planet-of-the_apes copyright | General | Monday August 18, 2014 | By Mark A. Fischer

Why should humans own all the world’s copyrights? The question is prompted by a photograph that’s made worldwide news. In Indonesia, a female crested black macaque monkey picked up a camera owned by photographer David Slater. I won’t focus much on the story of...

Blockbusters, Behemoths, and In-Betweeners – The C...

Duane Morris New Media and Entertainment Law who_owns_the_future? tenpole blockbusters tv jaron_lanier show_business mark_fischer copyright tent_poles big_budgets movies deals in_betweeners televsion entertainment middle_class anita_elberse motion_pictures mark_a_fischer entertainment_law media_and_ | General | Sunday August 17, 2014 | By Mark A. Fischer

What are the most notable recent changes and trends in the entertainment business? Not all of the changes are due to our friend the Internet, although that is obviously playing a very big part. Many motion picture industry figures have commented that we are...

Wait, Now USB Devices May Be Unsafe Too?

Duane Morris TechLaw nsa personal_data attacks virus security usb hack | Information, Technologies and Telecom | Wednesday August 13, 2014 | By DuaneMorris3

Thumb drives, keyboards, and mice, oh my! That's right, these USB devices now may be the latest "lions, tigers, and bears" to fear in our high-tech world. According to a recent Reuters article, such USB devices possibly can be compromised ...

Breaking News - Casino Business Vietnam - Vietnam...

Duane Morris Vietnam oliver_massmann_gambling_vietnamese_vietnam | Investment in Vietnam | Tuesday August 12, 2014 | By Oliver Massmann

  According to Vietnamnet, an online news service in Vietnam, the Ministry of Finance (“MOF”) just finalized a new draft on casino business (“New Draft”). You can find the link here ( http://vietnamnet.vn/vn/kinh-te/191861/du-21-tuoi--nguoi-...

Massachusetts Passes Law Governing Retainage On Pr...

Duane Morris Construction Law construction_law stan_martin retainage punchlist massachusetts construction substantial_completion | General | Monday August 11, 2014 | By Stan Martin

Massachusetts has just passed a law that governs the retainage process on private construction contracts.   It applies to projects of $3 million or more, entered into after November 8, 2014.   Essential elements are: ·...

CMS Issues Transmittal 192 - Cleaning Up HHA Defin...

Duane Morris Health Law medicare home_health ari_markenson home_care | Health Law | Friday August 08, 2014 | By Ari J. Markenson

On August 1, 2014, CMS issued Transmittal 192, specifically updating section 60.4.1 of Chapter 15 of the Medicare Benefit Policy Manual (Pub 100-02)   to provide clarification of the definition of "confined to the home" (homebound). The update...

Third Circuit Issues Decision Concerning Medicare ...

Duane Morris Insurance Law new_jersey secondary_payer_act tort matthews medicare allocation_orders | Insurance Business and Regulatory Developments | Wednesday August 06, 2014 | By DuaneMorris3

On July 29, 2014, the Third Circuit issued an interesting court decision concerning the Medicare Secondary Payer Act (MSP) that may provide guidance to the parties in tort litigation, particularly in New Jersey tort litigation, in a case styled Taransky v....

Conditions for Sea Shipment and Supporting Service...

Duane Morris Vietnam oliver_massmann_vitnam_shipment_supporting_services | Vietnam - General | Tuesday August 05, 2014 | By Oliver Massmann

  Decree 30/2014/ND-CP of the Government dated 14 April 2014 on conditions for sea shipping and sea shipping supporting services business ( Decree 30 ) The Government has recently issued the new Decree 30 which will take...

CDFI Fund Opens Next Round of NMTC Allocations

New Markets Tax Credit, Affordable Housing, and Super Storm Sandy new_markets_tax_credits momjian | New Markets Tax Credit Program | Tuesday August 05, 2014 | By Arthur J. Momjian

Today the CDFI Fund announced the opening of the next round (2014) of New Markets Tax Credit allocations.  Subject to Congressional authorization, the CDFI Fund intends to award $5 billion of New Markets Tax Credit allocation in the next round. ...

Police Banner 'Ads' Warn About Potentially Pirated...

Duane Morris TechLaw sinrod video advertising internet piracy | Information, Technologies and Telecom | Tuesday August 05, 2014 | By DuaneMorris3

Internet ads can be annoying. At times, for example, you may be seeking to read an article or watch a video clip online, but first you have to click off an advertisement that is in the way, or you have to wait out a video ad before you can watch the...

FDA Issues Draft Guidances for Prior Approval Supp...

Duane Morris Life Sciences Law rick_ball fda carolyn_alenci guidance anda | General | Monday August 04, 2014 | By DuaneMorris3

The Generic Drug User Fee Amendments of 2012 (GDUFA) were signed into law on July 9, 2012, in an effort "to speed access to safe and effective generic drugs to the public and reduce costs to industry." In July 2014, the U.S. Food and Drug...

California Limits the Duty to Defend Against Liabi...

Duane Morris Insurance Law insurance ana_guardado intellectual_property trademark_infringement ninth_circuit trademark california insurance_coverage disparagement liability advertising_injury california_supreme_court | Insurance Business and Regulatory Developments | Monday August 04, 2014 | By Ana Guardado

In June 2014, two courts applying California insurance law limited the scope of an insurer’s duty to defend against allegations of trademark infringement within the context of coverage for “personal and advertising injury” under a general liability policy. ...

Capital Market

Duane Morris Vietnam oliver_massmann_vietnam_capital_market | Vietnam - Market Access | Monday August 04, 2014 | By Oliver Massmann

By Oliver Massmann   The privatization of State-owned enterprises as a road to success? A land-mark-initiative has been framed by the international business community: The idea has been expressed to promote...


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