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  • Article

    Must A Real Estate Buyer Be ‘Ready, Willing And Able’ To Close The Purchase Of Real Estate In Order To Claim Damages From A Seller That Has Repudiated The Contract Of Sale? The New York Court Of Appeals Says Yes.

    In Pesa v. Yoma Development Group, Inc., No. 3, NYLJ 1202541875877, at *1 (NY Ct. of App., Decided February 9, 2012), New York State's highest court, the New York Court of Appeals, held that a real estate buyer must be 'ready, willing and able' to close on the purchase of real estate in order to claim damages from a seller that has repudiated the contract of sale.
    United StatesLitigation, Mediation & Arbitration
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Philadelphia City Council Adopts A New Zoning Code

    After four years of city-wide public meetings, discussion and debate, the Philadelphia City Council followed the recommendations of the Zoning Code Commission and approved legislation which adopted a new Zoning Code for the City.
    United StatesLitigation, Mediation & Arbitration
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Target Data Breach Suit By Banks Extends To Security Vendor

    December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers "they will not be held financially responsible for any credit or debit card fraud."
    United StatesLitigation, Mediation & Arbitration
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Collection Of Evidence In The U.S. For Use In Foreign Legal Proceedings Under 28 U.S.C. Section 1782: Recent Highlights

    Critical evidence, needed for the resolution of a dispute abroad, may be located in the United States.
    United StatesTransport
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Limitation Of Liability In The Workboat Industry

    The owners of tugs and other workboats are entitled to limit their liability under the Shipowner’s Limitation of Liability Act, 46 U.S.C. §30501 et seq. ("Limitation Act"), to the same extent as the owners of ocean-going ships.
    United StatesTransport
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Speed Determined To Kill Whales: Seasonal Speed Restrictions For Vessels Operating On The East Coast Of The United States

    The National Oceanic and Atmospheric Administration, through the National Marine Fisheries Service, issued the Final Rule on October 10, 2008 concerning speed restrictions on the east coast of the United States.
    United StatesTransport
    Blank Rome LLP
    Blank Rome LLP
  • Article

    10b5-1 Plans Making Headlines

    Rule 10b5-1 trading plans, and those using them, are making headlines, as when properly implemented, this rule could provide a defence against accusations on insider trading.
    United StatesCorporate/Commercial Law
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Shaping The Delaware Law: Proposed 2009 Legislative Amendments To The Delaware General Corporation Law

    The Corporate Law Section of the Delaware Bar Association will meet Thursday, February 26, 2009 to consider and vote upon amendments to the Delaware General Corporation Law (DGCL).
    United StatesCorporate/Commercial Law
    Blank Rome LLP
    Blank Rome LLP
  • Article

    America Invents Act’s First To File Rule

    The Leahy-Smith America Invents Act of 2011 (AIA) extensively reforms U.S. patent law.
    United StatesIntellectual Property
    Blank Rome LLP
    Blank Rome LLP
  • Article

    New Definition Of Prior Art (Part 1)

    The AIA extensively reforms U.S. patent law, and in doing so, replaces the current first-to-invent system with a first-inventor-to-file system.
    United StatesIntellectual Property
    Blank Rome LLP
    Blank Rome LLP
  • Article

    EPA Determines PCE Is A Likely Human Carcinogen; More Stringent Review Of PCE-Contaminated Sites Likely To Result

    In February, 2012, the EPA issued a revised risk assessment for tetrachloroethylene, more commonly known as PERCHLOROETHYLENE or PCE.
    United StatesEnvironment
    Blank Rome LLP
    Blank Rome LLP
  • Article

    IRS Imposes Additional Penalty On Public Companies That Fail To Disclose Tax Penalties In SEC Reports

    A public company that files periodic reports with the Securities and Exchange Commission (“SEC”) under Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), is required to disclose certain tax penalties in its Annual Report on Form 10-K.
    United StatesFinance and Banking
    Blank Rome LLP
    Blank Rome LLP
  • Article

    OFCCP Is Staying Busy—So Should Government Contractors

    In February, the Office of Federal Contract Compliance Programs ("OFCCP") sent Corporate Scheduling Announcement Letters ("CSALs") to 1,000 contractor establishments.
    United StatesGovernment, Public Sector
    Blank Rome LLP
    Blank Rome LLP
  • Article

    New U.S. Patent Rule Changes: Permits Delayed Priority Claim After 12-Month Paris Convention Time Period

    The U.S. Patent and Trademark Office has announced several patent rule changes to implement the Patent Law Treaties Implementation Act of 2012.
    United StatesIntellectual Property
    Blank Rome LLP
    Blank Rome LLP
  • Article

    US Department Of Justice’s New Position On Internet Gambling – What Has Changed And What Has Not

    On Friday, December 23, 2011, the Office of Legal ­Counsel within the U.S. Department of Justice issued a surprise Memorandum Opinion addressing the application of the Wire Act (18 U.S.C. § 1084) to wagering that does not relate to a "sporting event or contest."
    United StatesMedia, Telecoms, IT, Entertainment
    Blank Rome LLP
    Blank Rome LLP
  • Article

    COMMONWEALTHCourt Rules that Pennsylvania Municipalities May Not Impose Business Privilege Tax on Rental Real Estate Business

    In a decision with wide-ranging implications and potential refund opportunities, Pennsylvania’s Commonwealth Court ruled on September 19th that Pennsylvania municipalities (other than Philadelphia) may not impose their business privilege tax ("BPT") on a rental real estate business.
    United StatesTax
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Customs Withdraws Jones Act Offshore Rulemaking

    On November 15, 2010, U.S. Customs and Border Protection ("CBP") withdrew an Advance Notice of Proposed Rulemaking ("ANPRM") regarding the transportation of merchandise and equipment by foreign-flag vessels engaged in the support of Outer Continental Shelf ("OCS") activities.
    United StatesTransport
    Blank Rome LLP
    Blank Rome LLP
  • Article

    U.S. Coast Guard Establishes Policy to Ban Repeat Offenders

    On November 2, 2010, the U.S. Coast Guard published a Notice of Policy announcing the release of CG-543 Policy Letter 10-03, effective September 1, 2010, which outlines the ­procedures for denying entry to U.S. ports of non-compliant foreign-flag vessels due to a vessel’s history of ­operating in U.S. waters in a substandard condition.
    United StatesTransport
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Supreme Court Leaves Its 1988 Decision In Basic, Inc. V. Levinson Basically Intact

    In Halliburton Co. et al v. Erica P. John Fund, Inc., the Supreme Court revisited its decision in Basic, Inc. v. Levinson.
    United StatesCorporate/Commercial Law
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Up To Date: Current Developments In Securities Laws - May/June 2013

    A number of discussion relating to current developments in securities law.
    United StatesCorporate/Commercial Law
    Blank Rome LLP
    Blank Rome LLP

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