Incentive Compensation Under the Regulatory Spotlight

Six U.S. federal financial regulatory agencies[1] in May 2016 revised and re-proposed rules that were originally proposed in 2011, to govern the incentive compensation practices at financial institutions with consolidated assets of at least $1 billion (covered institutions). The proposed rules include new – and more stringent – requirements, especially for the largest institutions. The rules

Delaware Supreme Court Establishes Rules Facilitating Dismissal of Board Advisors from M&A Litigation

In recent years, entrepreneurial plaintiffs’ lawyers representing stockholders in litigation challenging mergers and acquisitions have increasingly asserted aiding and abetting claims against financial and other advisors to corporate boards of directors, perceiving the investment banks and law firms that serve in these roles as potential defendants with deep pockets.  This trend likely will reverse itself

2016 HIPAA Settlements Demonstrate HIPAA Compliance Challenges in a Mobile Society

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) has been actively enforcing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in 2016. As of August, covered entities and business associates (the organizations who are subject to HIPAA) have paid OCR more than $20 million to resolve allegations of

Business Beware: U.S. Department of Labor Signs Agreement to Address Worker Misclassification in Pennsylvania

PA Worker Misclassification

Wage-and-hour actions under the Fair Labor Standards Act (“FLSA”) are one of the largest growing types of litigation, and have been for over a decade. Pennsylvania businesses may soon experience an increase in FLSA-related litigation, as the Pennsylvania Department of Labor & Industry (DLI) and the U.S. Department of Labor (DOL) signed a “Memorandum of

SCOTUS Raises the Bar on Materiality in False Claims Act Lawsuits

FCA

The implied false certification theory of liability under the False Claims Act (FCA) is premised on the notion that a person who does business with the federal government, by the very act of submitting a claim for payment, has impliedly certified compliance with the often numerous statutes, regulations, and contract terms that govern the contractual

A Small but Important Gem: Introducing Delaware’s Corporate Law Career Opportunities

When Temple Law students ponder their career options, Philadelphia, New Jersey, and New York usually come first to mind.  That said, Delaware has a rich and talented bar, and is home to some of the best law firms in the nation in corporate, intellectual property, and business bankruptcy practices.  In an effort to raise awareness