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The Most Important Clause In Any Commercial Contra...

Duane Morris Vietnam oliver_massmann_vietnam_dispute_resolution | Vietnam - Dispute Resolution | Thursday July 24, 2014 | By Oliver Massmann

  The Most Important Clause In Any Commercial Contract In Vietnam   - Get Your Dispute Resolution Clause Right!           Author: Oliver...

Portfolio Investment

Duane Morris Vietnam vietnam oliver_massmann _ | Vietnam - Monthly Update | Wednesday July 23, 2014 | By Oliver Massmann

Portfolio investment   By Oliver Massmann Did you know? New framework for indirect investment activities in Vietnam! On 12 March 2014, the State Bank of Vietnam issued Circular No. 05/2014/TT-NHNN...

HIPAA Enforcement on the Rise, Criminal Prosecutio...

Duane Morris Health Law ari_markenson healthcare_fraud_and_abuse wrongful_disclosure hipaa | Health Law | Wednesday July 23, 2014 | By DuaneMorris3

As the Federal Government has moved to more aggressive enforcement of the Health Insurance Portability and Accountability Act  ("HIPAA")  privacy provisions, providers and payers are experiencing significant challenges responding to and...

Freedom of Anonymous Online Speech Has Potential L...

Duane Morris TechLaw damages sinrod anonymity freedom_of_speech anonymous | Information, Technologies and Telecom | Wednesday July 23, 2014 | By DuaneMorris3

It is very easy to communicate freely and anonymously on the Internet. And some people believe that if they do not use their real names and easily identifiable information, they can basically say whatever they want online, without needing to worry about the...

Three Strikes on Defective Work Insurance Claim

Duane Morris Construction Law defective_work stan_martin insurance_coverage construction insurance | General | Tuesday July 22, 2014 | By Stan Martin

A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work.   The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary...

When Divisional Applications and Continuations are...

Duane Morris Life Sciences Law estoppel david_charapp comcast licensed_patents license_agreement issued_from implied_license divisional claim_priority_to nextel sprint continuation license | General | Monday July 21, 2014 | By David A. Charapp

The United States District Court for Delaware’s decision on July 15, 2014 in Comcast IP Holdings I, LLC v. Sprint Communications Company L.P., Sprint Spectrum L.P. and Nextel Operations, Inc. included some items that are particularly interesting for...

Pennsylvania Mechanics' Lien Law Amended, Clarifyi...

Duane Morris Construction Law open_end_mortgage mechanic's_lien_law pennsylvania construction louise_melchor | General | Wednesday July 16, 2014 | By DuaneMorris3

On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Act 117 of 2014, which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., to provide that a construction loan secured by an open-end mortgage where at least 60 percent of...

FDA Gives Guidance on Compounding for Human Use

Duane Morris Life Sciences Law compounding_quality_act rachael_pontikes brian_dougherty drug_quality_and_security_act elinor_hart fda | General | Tuesday July 15, 2014 | By DuaneMorris3

In July 2014, the U.S. Food and Drug Administration (FDA) released five documents containing policies and proposals that affect both traditional compounding pharmacies and outsourcing facilities that compound drugs for human use. These FDA guidance documents...

PA Mechanics Lien Law Amended to Clarify Open-End ...

Duane Morris Banking Law mechanics_lien_law open-end_mortgage_priority louise_melchor | General | Tuesday July 15, 2014 | By Louise Melchor

In May 2012, the Pennsylvania Superior Court issued its decision in Commerce Bank/Harrisburg, N.A. v. Kessler, effecting   fundamental change in the previously understood priority of open-end construction loan mortgages over mechanics liens.   At...

California Supreme Court Addresses Architect's Dut...

Duane Morris Construction Law architect negligence rob_hendrickson california privity duty_of_care | General | Friday July 11, 2014 | By DuaneMorris3

The California Supreme Court issued a unanimous decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill, S208173, on July 3, upholding a homeowners association's right to pursue a common law negligence claim against the...

Vietnam Work Permit Update: Experience Requirement...

Duane Morris Vietnam qualifications work_permit_requirement working_experience work_permit_eligibility | Vietnam - Labor Law | Friday July 11, 2014 | By Manfred Otto

> Japanese Foreign experts, technicians and teachers will only have to show that they meet professional qualifications to apply for work permits, instead of also having to prove many years of working experience. The Vietnamese Government...

Uber and Lyft Halted in Pittsburgh, for Now

Duane Morris TechLaw public_safety sinrod public_utility_commission | Information, Technologies and Telecom | Thursday July 10, 2014 | By DuaneMorris3

More and more, people are migrating away from the traditional call-a-taxi model, and are instead searching on their smartphones for the closest Uber or Lyft vehicle. You might remember the Beatles' lyric "Baby, you can drive my car," and now Uber and...

ABA: Lawyers Can Snoop on Jurors' Social Media Sit...

Duane Morris TechLaw aba sinrod privacy social_media | Information, Technologies and Telecom | Wednesday July 02, 2014 | By DuaneMorris3

Jurors always are admonished by judges not to conduct any independent factual research with respect to the cases they are considering. In this way, the rules of evidence will be adhered to and jurors will only be permitted to evaluate evidence deemed...

Delaware Fee-Shifting Bill Shelved For 2014

Duane Morris Delaware Business Law duane_morris fee_shifting delaware_house__of_representatives resolution_delaware_state_senate chris_winter delaware_christopher_winter atp_tours delaware_corporate delaware_business_law delaware_corporate_law and delaware_chris_winter fee-shifting | General | Thursday June 26, 2014 | By Christopher M. Winter

A joint resolution of the Delaware State Senate and House of Representatives, with the approval of Governor Markell, has shelved a bill to ban Delaware stock corporations from adopting bylaw provisions to shift attorneys’ fees and expenses in corporate...

FDA Issues Draft Guidance for Identification and N...

Duane Morris Life Sciences Law guidance carolyn_alenci fda rick_ball dscsa | General | Tuesday June 24, 2014 | By DuaneMorris3

As discussed in our April 11, 2014 Alert , the Drug Supply Chain Security Act (DSCSA) was enacted "to build an electronic, interoperable system to identify and trace certain prescription drugs as they are distributed within the United...

Pennsylvania to Award State Historic Tax Credits

New Markets Tax Credit, Affordable Housing, and Super Storm Sandy tax_credits momjian tax_credit_investors | Historic Tax Credit Program | Tuesday June 24, 2014 | By Arthur J. Momjian

The Pennsylvania Department of Community and Economic Development is accepting applications for the Commonwealth's new historic preservation state tax credit.  The Commonwealth will issue no more than $3,000,000 of tax credits each year with no more...

Internet Law Is All Grown Up

Duane Morris TechLaw internet_law electronic_discovery e-commerce communication sinrod | Information, Technologies and Telecom | Tuesday June 24, 2014 | By DuaneMorris3

When I first started working on legal issues relating to electronic data, we were back in the dark ages of the 1980s. This was well before Bill Clinton talked about the coming "information superhighway" when he was running for president in the early...

California Court of Appeal Rules that "Reasonable ...

Duane Morris Insurance Law managed_care health_insurance | General | Monday June 23, 2014 | By Katherine Nichols

On June 10, 2014, the California Court of Appeal for the Fifth District held that a non-contracted health plan’s obligation to reimburse a hospital for the “reasonable and customary value” of services rendered to plan members must be based on the actual value...

Supreme Court’s Mixed Outcome on EPA Regs Means Co...

Duane Morris Construction Law General | Monday June 23, 2014 | By Antony L. Sanacory

Energy contractors know well that predicting energy demand, and how the demand would be met, has been more art than science the last several years.   The downward economic cycle, recent strides in energy efficiency, volatility in fuel costs and emissions...

FDA Releases Guidance for Industry on ANDAs: Stabi...

Duane Morris Life Sciences Law anda fda emily_winfield guidance rick_ball | General | Friday June 20, 2014 | By DuaneMorris3

The U.S. Food and Drug Administration (FDA) recently published a new Guidance for Industry, titled ANDAs: Stability Testing of Drug Substances and Products, Questions and Answers , which provides answers to questions from public comments received on the...

Ground-breaking Feed-In Tariff for Waste-To-Energy...

Duane Morris Vietnam renewable_energy feed_in_tariff waste_to_energy decision_31 energy_from_waste | Vietnam - Energy | Friday June 20, 2014 | By Manfred Otto

By Manfred Otto and Giles Cooper, Duane Morris Vietnam LLC > Japanese   Vietnam’s Prime Minister Decision 31/2014/QÐ-TTg on solid waste-to-energy projects becomes effective as of today (20 June 2014). Article 14 of the Decision provides...

Detoxing From Always-On Technology Overload

Duane Morris TechLaw connectivity technology connectivity_overload sinrod | Information, Technologies and Telecom | Tuesday June 17, 2014 | By DuaneMorris3

We now live in a world in which we constantly are connected electronically. We spend so much of our time in front of computers, laptops and tablets. Our smartphones can accomplish feats unimaginable not so long ago. These days we can even surf the Internet ...

Amendments to Delaware LLC and Partnership Acts Pa...

Duane Morris Delaware Business Law delaware_limited_liability_company_act_amendment consent_with_future_effective_date delaware_limited_partnership_act_amendment christopher_winter delaware_duane_morris limited_partnership_act_amendment delaware_law limited_liability_company_act_amendment | General | Monday June 16, 2014 | By Christopher M. Winter

Proposed changes to Delaware’s alternative entity statutes, including amendments providing greater flexibility in finance and other transactions, were passed unanimously by the state House of Representatives on June 10, 2014.   The proposed...

Q: When Is a Monthly Release Not a Release?

Duane Morris Construction Law stan_martin lien_waiver construction arbitration release manifest_disregard | General | Friday June 13, 2014 | By Stan Martin

A: When the issue is decided in arbitration.   An arbitrator’s decision that a periodic subcontractor release had not waived claims made in arbitration was upheld by the Rhode Island Supreme Court [1] , although one could read between the lines...


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