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.

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Third Circuit Clarifies Definition of “Report” in the Emergency Medical Treatment and Active Labor Act’s Whistleblower Protection Provision

In Gillispie v. RegionalCare Hospital Partners, Inc., No. 16-4307, 2018 WL 2926041 (3d Cir. June 12, 2018), the Third Circuit recently concluded that the plaintiff had not made a cognizable “report” within the meaning of the whistleblower protections provision of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. While rejecting the lower court’s conclusion that a “report” necessarily required notification to a governmental authority, the Third Circuit ultimately affirmed the award of summary judgment to the

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Continue Reading Third Circuit Clarifies Definition of “Report” in the Emergency Medical Treatment and Active Labor Act’s Whistleblower Protection Provision

On June 5, 2018, the U.S. Food and Drug Administration (FDA or the Agency) and the U.S. Department of Agriculture (USDA) announced the alignment of USDA’s Harmonized Good Agricultural Practices Audit Program (USDA H-GAP) with the requirements of the Agency’s FDA Food Safety Modernization Act (FSMA) Produce Safety Rule (Rule).
Under the aligned program, USDA Secretary Sonny Perdue observed that “[s]pecialty crop farmers who take advantage of a USDA Harmonized GAP audit now will have a much greater likelihood of passing a FSMA inspection as well.”
Despite the differences between USDA H-GAP and FDA’s Produce Safety Rule, the agencies…
Continue Reading FDA and USDA Collaborate to Streamline Produce Safety Requirements for Farmers

1. Why is it important to have a discussion about buy-sell agreements in the context of estate planning?
The ownership interest in a closely held business represents a substantial portion of an individual’s wealth.  Determining how much his or her family will be paid for that interest and when payment will occur is a very important part of the estate plan.  If the value is trapped in the business or can only be extracted over a long period of time, that changes how the surviving spouse and family can expect to enjoy the transmission of wealth.
2. Do most closely…
Continue Reading Some Notes on Buy-Sell Agreements

Saul Ewing Blogs | Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a “Low-Ball” Initial Settlement Offer and Unreasonable Delay in Tendering Policy Limits

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Continue Reading Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a “Low-Ball” Initial Settlement Offer and Unreasonable Delay in Tendering Policy Limits

Lance Armstrong Settles with DOJ in a Novel Application of the False Claims Act Targeting Misconduct in Sports

On April 19, 2018, the Department of Justice announced its settlement with Lance Armstrong to resolve its False Claims Act (“FCA”) suit for Armstrong’s admitted use of illegal performance-enhancing drugs while under sponsorship by the U.S. Postal Service.  Armstrong agreed to pay $5 million, of which $1.1 million will go to the qui tam suit’s relator, Armstrong’s former teammate Floyd Landis. In addition to the $5 million, Armstrong has also agreed to pay Landis’s $1.65 million in legal fees.
Much of the

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Continue Reading Lance Armstrong Settles with DOJ in a Novel Application of the False Claims Act Targeting Misconduct in Sports

Joining a majority of states, Pennsylvania recently enacted a “de minimis exception” to its rebating and inducement laws. Pennsylvania law generally prohibits providing policyholders any valuable consideration or inducement which is not specified in the contract of insurance. However, Pennsylvania’s new de minimis exception permits producers and insurers to spend as much as $100 annually on an insured or potential insured to market insurance so long as the offer is not contingent on the purchase of insurance and does not constitute “money.” This new law is effective July 3, 2018.
Saul Ewing Arnstein & Lehr attorneys discuss in this alert.
Continue Reading Pennsylvania Enacts Exception To Rebating / Inducement Laws

Linked below is a letter submitted, a few weeks back, by IIUSA in support of the proposed rulemaking of USCIS to adopt regulations (the “Regulations”) that will have a material impact on the EB-5 Program, including a list of recommendations to modify the Regulations to include, in part, the following modifications and/or considerations:  
1. Recommendation to expand the material change section of the Policy Manual to apply to investors with I-526 petition approvals but who have not obtained conditional lawful permanent resident status at the time of a material change in the business plan, meaning that the time period…
Continue Reading IIUSA Sends Open Letter To USCIS In Support Of Proposed Rulemaking

A recent program presented by the Probate and Trust Law Section of the Philadelphia Bar Association offered suggestions on a safe withdrawal rate from accumulated assets during retirement. After much analysis, the author concluded that 4% was probably a safe rate of withdrawal to ensure that retirees don’t run out of assets during the rest of their lives. This is an important concept, and there are other points to consider. As I’ve written before, it makes sense to summarize what your expenses will be during retirement. This will include the basic items, like health care, utilities, etc., but also numbers…
Continue Reading A Safe Withdrawal Rate in Retirement

Baltimore citizens may recall the salacious circumstances of the underlying action giving rise to Hussy v. Hous. Auth. of Baltimore City, 2018 WL 1947049, *8-9 (D. Md. Apr. 24, 2018), under which Mr. Hussy, among other maintenance workers at the city’s Gilmor Homes property, was indicted for soliciting sexual favors from tenants in exchange for repairs.  Mr. Hussy, in addition to the criminal charges against him, was also sued civilly.  Mr. Hussy expected that Housing Authority Risk Retention Group (“HARRG”) would provide coverage for the legal fees arising out of his legal troubles.  HARRG, however, denied coverage to Mr. Hussy…
Continue Reading Summary Judgment for Maryland “By the Book” Insurer on Bad Faith Claim

Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by government contractors, healthcare providers and others doing business with the federal government.
The Eleventh Circuit held that the limitations period for suits under the False Claims Act (“FCA”) runs from the date the government first learns of the alleged violations, whether or not the government intervenes. See United States of America ex rel. Billy

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Continue Reading Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

Many publications report on the prevalence of elder financial abuse in our society. It can arise from misuse of powers of attorney, guardianships, and estate and trust administrations, as well as out and out scams. Many institutions are working on this problem, including the US Department of Justice, the SEC, FINRA and state agencies. In future blogs, we will discuss the suggestions made by these agencies to avoid elder financial abuse, but let’s start with, why is this such a significant problem now? Here are a couple of basic reasons:

  • There are simply a lot more elderly people in the population,

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Continue Reading Financial Exploitation of Elders is a National Crisis

Saul Ewing Blogs | In the First Application of the Whistleblower “Safe Harbor” Rule, SEC Awards More Than $2.2 Million to Whistleblower Who First Reported Information to Another Federal Agency
Continue Reading In the First Application of the Whistleblower “Safe Harbor” Rule, SEC Awards More Than $2.2 Million to Whistleblower Who First Reported Information to Another Federal Agency

According to the U.S. Census Bureau, millennials are now the largest living generation.  As the generational makeup of customer bases evolve, so too do customer expectations in how they apply for and obtain insurance.  Emerging technologies are revolutionizing traditional business models used in the insurance industry to stay aligned with the rapid pace of evolving customer expectations.  These advancements come at a critical time for life insurers, who have seen the market for life insurance decrease in recent years.
While the initial focus of InsurTech activity was concentrated in health and auto insurance markets, there has been a surge in…
Continue Reading InsurTech Innovations in Life Insurance: Reaching the Largest Living Generation

As InsurTech startup companies continue to enter the marketplace, one innovative concept that has gained considerable momentum in the international insurance market is peer-to-peer insurance.  Often powered by InsurTech, peer-to-peer insurance companies take a different approach to risk pooling. 
Under the traditional insurance model, insurers collect premiums from a large pool of policyholders, usually strangers, and then an underwriter uses profile information from the policyholders to create a risk analysis and adjusts premiums accordingly. Information such as age, medical history, hobbies, and accident history are used to determine the premium that each policyholder pays.  Profits and losses from underwriting under…
Continue Reading InsurTech and Peer-To-Peer Insurance

Food Regulatory Update: Bioengineered Disclosure Coming to a Food Label Near You; Menu Labeling Rule Goes Live Today, May 7th – Are You in Compliance?

On May 4, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule that, if finalized, will provide a mandatory uniform national standard for disclosure of information to consumers about the bioengineered (BE) status of foods.  More specifically, the proposed rule would require food manufacturers and other entities that label foods for retail sale to disclose information about BE food and BE food ingredient content.  Under

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Continue Reading Food Regulatory Update: Bioengineered Disclosure Coming to a Food Label Near You; Menu Labeling Rule Goes Live Today, May 7th – Are You in Compliance?

The Follow Up To IIUSA Meeting In Washington, DC On April 23, 2018 And April 24, 2018

IIUSA had its annual meeting in Washington, DC. The meeting focused a lot on the status of the industry, retrogression, new legislation and collective marketing efforts.
Charles Oppenheim, a key employee of USCIS, gave a presentation on the state of adjudications in the industry, and based upon questions asked by the audience, confirmed the following:
  • At this time, retrogression in China is estimated to be 15 years.
  • USCIS has already announced that Vietnam will be retrogressed as of May 2018, and it was

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    Continue Reading The Follow Up To IIUSA Meeting In Washington, DC On April 23, 2018 And April 24, 2018