Saul Ewing Arnstein & Lehr

Saul Ewing Arnstein & Lehr LLP is a full-service law firm that offers clients the national reach and sophisticated experience of a large firm and the local connections and value of a boutique firm.

This combination of reach and local autonomy supports our clients with the clout of a mega-firm and the service hallmarks of a boutique. With one firm, our clients get a macro view of the law with a micro focus on their unique legal needs. With 16 offices in Delaware, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania, Saul Ewing Arnstein & Lehr serves businesses throughout the United States and internationally. We represent recognizable names in corporate America, exciting start-ups and an array of closely held and privately held companies, as well as nonprofits, governmental and educational entities.

Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act In a precedential opinion, DiNaples v. MRS BPO, LLC, the Third Circuit held that adding an unencrypted “quick response” or “QR” code to an envelope containing a debt collection letter violates 15 U.S.C. § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”).i That section limits what collection agencies can include on envelopes, prohibiting “language or symbols” other than the debt collector’s address.   The DiNaples panel extended the Third Circuit’s 2014 decision in Douglass v. Convergent Outsourcing, which held that a…
New York Employers – New Pay Equity Laws and Hair Bias Ban May Require You to Update Your Policies The New York State Legislature and Governor Cuomo have been busy in 2019 enacting laws that will have a lasting impact on employers and workers in the Empire State for years to come. Among these are bans on inquiring about salary history, and discriminating against individuals on the basis of their natural hairstyle. Employers should understand the implications of these laws, and if necessary, amend their policies and practices accordingly. Salary History Ban and Pay Equity Law Governor Cuomo made headlines…
FDA Publishes Court-Ordered Cigarette Graphic Warning Proposed Rule, Industry Challenge Expected On August 15, 2019, the U.S. Food and Drug Administration (FDA or the Agency) published a court-ordered proposed rule that, if finalized, would mandate graphic health warnings for cigarette packaging and advertisements to “promote greater public understanding of the negative health consequences of smoking.”   FDA’s proposed warnings are undeniably graphic and feature “photo-realistic” images of “some of the lesser-known, but serious health risks of cigarette smoking,” including secondary harm to children, fatal lung disease in non-smokers, head and neck cancer, reduction of blood flow (which can lead to…
NJ Establishes Permanent Hemp Program, Friendlier Environment for CBD Than NY and PA On August 9, 2019, New Jersey Governor Phil Murphy signed A5322 into law, making the Garden State the latest to establish a permanent program for the cultivation, handling, processing, transport, and sale of hemp and hemp-derived products. A5322 is immediately effective and it repeals New Jersey’s prior Industrial Hemp Pilot Program, which went into effect in 2018. Consistent with the Agriculture Improvement Act of 2018 (the 2018 Farm Bill, which we discussed previously), A5322 specifies that hemp, hemp-derived cannabinoids, and hemp products, including hemp-derived cannabidiol (CBD),…
On August 6, 2019, Acting Governor Sheila Oliver signed a bill (S-1790) imposing tougher penalties for “wage theft.” The law significantly increases penalties for employers, including potential imprisonment for employers who run afoul of its provisions, and provides added protections for employee retaliation claims. The law imposes a new joint and several liability provision for client-employers and labor contractors, specifically, it declares any waiver of joint and several liability as “void and unenforceable.”  Employers need to understand the implications of the new law and ensure compliance with the State Wage and Hour Laws.     Increased Fines and Penalties: The new…
On August 8, 2019, the Minneapolis City Council unanimously passed the Wage Theft Prevention Ordinance, which reinforces safeguards for the city’s labor force. The Ordinance, which goes into effect on January 1, 2020, prohibits employers from shortchanging paychecks, attempting to make it appear that wages paid were greater than the amount actually issued, or paying wages on days other days other than regularly established paydays. It also prohibits employers from demanding that employees give any rebate or refund from their wages. The new regulation incorporates recent amendments from the state legislature, which require employers to provide employees with written notice…
Saul Ewing Blogs | District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether Insurer’s Initial Denial of Coverage Above Policy Sublimit Was Made in Good Faith X Search our Site Suggested Links…
New York Department of Financial Services’ Title Insurance Regulation Vacated, Again? On to the Court of Appeals On August 5, 2019 a New York state court, on remand from the Appellate Division, again determined that Section 228.2(c) of the New York Department of Financial Services’ (DFS) Title Insurance Regulation was unconstitutionally vague and thus could possibility be applied arbitrarily and capriciously. Section 228.2(c) requires that title insurance underwriters and agencies making political or charitable donations and spending on advertising do so in a manner that is “reasonable and customary,” and not do so in a manner that is “lavish or…
Chicago recently joined a growing trend when City Council approved one of the broadest predictive scheduling laws in the country. The Chicago Fair Workweek Ordinance, which was passed on July 24, 2019, will go into effect beginning on July 1, 2020, and has the potential to cause headaches for companies that have workers in Chicago. The Ordinance requires employers in certain industries to provide a good faith estimate to new employees of their projected days and hours of work for the first ninety days of employment. Employers must also provide written notice of work hours by posting the work schedule…
Saul Ewing Blogs | District of Colorado Denies Insurer’s Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured Demonstrated Material Factual Issues as to Whether Insurer Acted Unreasonably in Denying Insured’s Claim X Search our Site Suggested Links…
A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. Both the New Jersey Federal District Court and the New Jersey State Appellate Division have weighed in, with the New Jersey Supreme Court recently announcing that it will review the Appellate Division ruling. Further, on July 2nd, New Jersey signed into law an amendment to the New Jersey Compassionate Use Medical Marijuana Act, now known as the Jake Honig Compassionate Use Medical Cannabis Act, which creates additional compliance obligations for employers. The Act takes…
On July 25, 2019, New Jersey Lt. Governor Sheila Oliver signed a bill prohibiting employers from asking job applicants their previous salary history. The new law aligns with Governor Murphy’s first official act as governor in 2018, when he signed Executive Order No. 1 prohibiting state agencies and offices from asking job candidates their previous salaries. The new law applies to all employers in New Jersey. The new law takes effect in six months. The new law states it is an “unlawful employment practice” for an employer to (1) screen a job applicant based on the applicant’s salary history, which…
District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to Proceed Without Claim for Breach of Contract Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode Island history, the United States District Court for the District of Rhode Island held that Ironshore Specialty Insurance Company (“Ironshore”)’s claims could proceed against Columbia Casualty Company (“Columbia”) where it alleged Columbia acted in bad faith by gambling with…
Saul Ewing Blogs | Delaware Superior Court Upholds Motion to Compel Insurer to Produce Defense Medical Examination Reports Because the Reports Were Reasonably Calculated to Lead to Discovery of Admissible Evidence of Insurer’s State of Mind in Bad Faith Litigation X Search our Site Suggested Links…
Last month, Maryland joined a growing list of states that restrict the use of noncompete agreements for low wage employees. This month, the list of states grew yet again with New Hampshire, Maine and Rhode Island joining the trend. Generally speaking, a noncompete agreement is a contract between an employer and employee that restricts the employee from working for competitor companies after their employment ends, subject to certain time and geographic limitations. The three New England states have now joined the trend by restricting the enforcement of these types of agreements for low wage employees. New Hampshire: On July 11,…
Undoubtedly, 2019 has been a year of change for Illinois employers, as businesses grapple with new minimum wages, legalized cannabis use, and a bevy of other legislative updates. Those changes are expected to continue, as the state legislature recently passed a comprehensive new anti-harassment bill, which is currently awaiting Governor J.B. Pritzker’s signature. SB 75  includes several impactful provisions, some of which are outlined below. Yearly Sexual Harassment Training Requirements The bill requires all employers to provide annual sexual harassment prevention training. The Illinois Department of Human Rights (IDHR) will be tasked with developing a model training program…