Recent Entries

  • Is Bankruptcy An Option For Ancillary Marijuana Businesses?
    On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that “debtors with assets or income derived from marijuana may not proceed through the bankruptcy system.” To read the full text of this article, please visit the Duane Morris LLP website. ... read more
    Posted to Cannabis IndustryPublished on Friday, July 21st, 2017By DuaneMorris3
  • Third Circuit: First Amendment Protects Those Recording Police in Public
    Is the recording of police carrying out their official duties in public places protected by the First Amendment? Recently, in a case with implications for news organizations as well as citizen-observers, a federal court judge dismissed the First Amendment claims of two citizens against police officers who disrupted, inspected, restrained ... read more
    Posted to Duane Morris Appellate ReviewPublished on Thursday, July 20th, 2017By DuaneMorris3
  • We Need Internet Stop Signs
    Has our ability to stay present in the real world largely been destroyed by the internet? If so, how has that happened? If we erected internet “stop signs” would we be better off? While we were saturated with different sources of information, news, and entertainment as recently as the Twentieth ... read more
    Posted to Duane Morris TechLawPublished on Thursday, July 20th, 2017By DuaneMorris3
  • Records Management – What’s New
    Federal and state laws and payers require healthcare providers to create and maintain a whole host of records. Records that are required to be maintained take many forms. A record may be a document from the business office, human resources, a medical record, a lab specimen, policies and procedures, equipment ... read more
    Posted to Duane Morris Health LawPublished on Wednesday, July 19th, 2017By Patricia S. Hofstra
  • Federal Banking Agencies Issue Notice of Proposed Rulemaking to Exempt Commercial Real Estate Transactions of $400,000 or Less from Appraisal Requirements
    Responding to concerns about the time and cost associated with completing real estate transactions, today the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency today issued a notice of proposed rulemaking to raise the threshold for commercial real estate transactions requiring an ... read more
    Posted to Duane Morris Banking LawPublished on Wednesday, July 19th, 2017By Mark D. Belongia
  • Federal Circuit May Be Poised to Eliminate Issue Joinder
    A Federal Circuit panel may toss so-called “issue joinder” from inter partes review proceedings after hearing oral arguments last month in Nidec Motor Corporation v. Zhongshan Broad Ocean Company. Issue joinder allows the same party to raise new issues in separate proceedings and then join them.The joinder provision of the ... read more
    Posted to PTAB PracticePublished on Monday, July 17th, 2017By Justus Getty
  • Racial Discrimination in the Legal Cannabis Space: New Industry, Same Old Story???
    Attend any of the conferences or trade shows springing up in the emerging legalized recreational and medical marijuana space, and one thing you’ll notice is an absence of racial diversity.  Why? There are a number of possible explanations for the comparatively low number of minorities participating in the space, including, high start-up ... read more
    Posted to Cannabis IndustryPublished on Monday, July 17th, 2017By Seth A. Goldberg
  • Could Bristol-Myers Squibb Co. Cure Forum Shopping?
    By: Theresa A. Langschultz and Heather U. Guerena In an 8-1 decision, the Supreme Court appeared to deal a blow to forum shopping last week in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County (“BMS”). In BMS, a mixed group of California residents and nonresidents sued Bristol-Myers ... read more
    Posted to Duane Morris Appellate ReviewPublished on Friday, July 14th, 2017By Heather U. Guerena
  • How Long Does a California Civil Appeal Take?
    Based on 2016 California court statistics, the time from the notice of appeal in a civil case to the filing of the Court of Appeal’s opinion differs substantially between California’s six appellate districts, and even between divisions within districts. The fastest California appellate court currently is Division 6 of the ... read more
    Posted to Duane Morris Appellate ReviewPublished on Thursday, July 13th, 2017By Paul J. Killion
  • Pyrrhic Victories Are to Be Avoided
    This column discussed this subject almost 20 years ago (NYLJ April 7, 1999), but two recent decisions publicized on the front pages of the Law Journal suggest that it would be well to advise a new generation of lawyers that tactical victories in a jury trial may be followed by ... read more
    Posted to Duane Morris Appellate ReviewPublished on Wednesday, July 12th, 2017By DuaneMorris3