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Publications

Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

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Blog February 1, 2023

Chancery Limits Enforceability of ‘Reasonable’ Restrictive Covenant Agreements under Delaware Law

A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used. Benjamin Smyth discusses the decision and its implications in this article for Delaware Business Court Insider. Continue Reading

Article February 1, 2023

SEC Adopts New Executive Compensation Clawback Rules for Public Companies

On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading

Alert, Publications January 25, 2023

Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law

Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading

Article January 17, 2023

FinCEN Issues Final Rule for Corporate Transparency Act

Overview: On the cusp  of 2023, “reporting companies” can look ahead even further to 2024. The Financial Crimes Enforcement Network (FinCEN) issued a final rule applying to most corporations, limited liability companies, and other entities – foreign and domestic – under the Corporate Continue Reading

Alert January 9, 2023

When Is an REA Also a ‘Claim?’

When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for Continue Reading

Article January 6, 2023

Les Misérables — Contractors and Agencies Struggle to Navigate Build America, Buy America Requirements One Year Later

Last year, the Build America, Buy America Act left contractors scrambling to understand how its requirements would be imposed on a wide variety of infrastructure projects. Cara Wulf provides clarity to contractors on agencies’ evolving guidance. Continue Reading

Article December 21, 2022

Using Disclosure Statements to Proactively Manage Tax Controversies

Lawrence (Larry) Sannicandro discusses the use of disclosure statements in modern tax practice. This article focuses on ethical and professional duties tax professionals owe to clients and the IRS concerning mandatory and elective tax disclosures. Continue Reading

Article December 21, 2022

A Game Changer for Mortgage Foreclosure Cases In NY

A recent New York Court of Appeals decision is a game changer for the mortgage servicing and mortgage finance industries, write Adam Swanson and Jessie Bonaros, as lenders may find some loans considered time-barred are now recoverable. Continue Reading

Article December 14, 2022

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contactors to Disclose Greenhouse Gas Emissions

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Blog December 7, 2022

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