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  • Article

    Court of Federal Claims Holds Contract Term Prescribing Adjustment For Variances Does Not Bar Claim For Breach Of Contract Based On Negligent Estimates

    This action arose out of a contractor’s claim for additional compensation for unanticipated work.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    CFTC Gives The Swaps Market An Early Christmas Present

    In a notice released December 18, 2012, the Commodity Futures Trading Commission delayed the effective date of certain implementation rules for participants in the swaps markets.
    United StatesConsumer Protection
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Extended SEC MCDC Initiative Deadline Does Little To Lessen Urgency

    The Securities and Exchange Commission has recently modified its Enforcement Division’s Municipalities Continuing Disclosure Cooperation Initiative in order to encourage as much participation in the program as possible.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    A Reminder To New Jersey Employers Regarding Recent Gender Equity Notice Posting Requirements

    In our November 2012 Pepper@Work, we advised New Jersey employers of upcoming notice-posting requirements on pay equality issued by the New Jersey Department of Labor and Workforce Development (NJDOL); the NJDOL recently released the gender equity notice, English and Spanish versions of which can be found on the Employer Poster Packet page of the Department of Labor Web site.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Enacts Posting And Notice Requirements On Pay Equality

    Recently, the New Jersey legislature passed a bill, A2647, implementing new notice requirements on employers of 50 or more employees.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Sleeping Giant? OCC Wakes Up To New Focus On Merchant Processing

    The OCC has issued a thoroughly updated booklet on Merchant Processing, which forms a part of The Comptroller’s Handbook.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Federal Circuit Clarifies Patent Term Adjustment Provisions

    On January 15, 2014, the Federal Circuit issued in "Novartis v. Lee" its anticipated opinion regarding the proper interpretation of 35 U.S.C. § 154, the statute that determines how patent term adjustment is calculated.
    United StatesIntellectual Property
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Angel Of Death Row: My Life As A Death Penalty Defense Lawyer

    A review of "The Angel of Death Row", which is an autobiographical account of Lyon's life and most fascinating cases.
    United StatesCriminal Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Car Services Continue To Be Hard Hit By Independent Contractor Misclassification: Next Class Action Settlement Is For $3.5 Million Covering Close To 500 Drivers

    Sunny’s Limousine Services entered into a proposed class action settlement with its drivers who allege they were misclassified as independent contractors.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Department Of Labor Extends Family And Medical Leave Act To Same-Gender Couples

    On August 9, the U.S. Department of Labor (DOL) issued regulatory guidance confirming that same-sex married couples are entitled to the same benefits of the Family and Medical Leave Act (FMLA) as heterosexual married couples (Trottman/Maher, "U.S. Extends Family Leave to Same-Sex Spouses," Wall Street Journal, 8/9/2013).
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The Mind The Store Initiative - Moving Beyond Existing Regulatory Schemes

    The Safer Chemicals/Healthy Families Coalition is urging large retail stores to "wor[k] with suppliers to replace the Hazardous 100+ chemicals with safer alternatives" as part of what it calls the "Mind the Store" Initiative.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Bitcoin As A Medium Of Exchange

    Bitcoin, when used as a medium of exchange, rather than as an investment vehicle, shows users many potential benefits.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    "Strong Arm" Powers: Not All Mistakes Are Equal In Avoiding A Mortgage

    In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to the land and (b) included proper mailing addresses and parcel numbers, but (c) referenced incorrect lots in the legal description.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-Empts California Proposition 65

    One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation suit in Alameda County, CA Superior Court.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    CFTC Adopts Final Harmonization Rules For Registered Investment Companies Dually Registered As Commodity Pool Operators

    Eighteen months after amending CFTC Regulation 4.5 to narrow the registered investment company exclusion from the definition of commodity pool operator and issuing a companion release proposing to amend certain provisions of Part 4 of its regulations to apply to RICs, on August 13, 2013, the Commodity Futures Trading Commission adopted final rules delineating the harmonization of compliance obligations for RICs that are also required to register as CPOs.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Choosing The Right Counsel For A Cross-Border Fund Formation

    Pepper has a long history of inter-departmental collaboration on investment fund matters, and the formalization of training, marketing and recruiting within the Investment Funds Industry Group should only further enhance the working relationship among attorneys who represent investment funds.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Bankruptcy Sale Offers: Highest Is Not Always Best

    Is there an obligation to sell to the highest bidder in a bankruptcy sale?
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Observation 1.1.1.1 On The Volcker Rule: Community Banks – Compliance Redux

    In Observation 1.1.1, we discussed the surprise treatment under the new Volcker Rule regulations1 of collateral debt obligations (CDOs) backed by trust preferred securities (TruPS) as "covered funds," which would force banking entities to divest their interests in these securitizations from their portfolios.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    2014 Proposed Amendments To Delaware’s Alternative Entity Acts

    On April 17, the Corporation Law Section of the Delaware State Bar Association proposed amending the Delaware Revised Uniform Partnership Act.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mailing Of FMLA Notices Not Sufficient To Overcome Denial Of Receipt By Employee

    Lupyan met with CCI representatives who instructed her to initial the box marked "Family Medical Leave" on her request for leave form.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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